HomeMy WebLinkAboutDecember 12, 2006 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
December 12, 2006
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, December 12, 2006 at 5:30 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, deliberate and give direction regarding the use of the City logo,
letterhead, proclamations, and consideration of amendments to the City Council Rules of
Procedure and Ethics Policy.
2. Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of December 12,2006.
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
Section 551.071.
1. Consultation with the city's attorneys regarding the pending
contractual dispute by and between the City of Denton, Texas and
Waukesha Electrical Systems, Inc. and discuss settlement of such
dispute; provide staff with direction.
2. Consultation with the City's attorneys regarding legal issues,
including defense of pending litigation filed by JNC Denton
Partners, LLC, associated with annexation of real property in the
City's northern ETJ, under annexation case no. A05-0002, along
with other legal issues related to the annexation, zoning, land use
and subdivision controls, plat applications, annexation plans,
development agreements, annexation agreements, service plans,
utility service, and legal issues relating to the creation of special
districts in the ETJ requested by JNC and White Cake Denton, L.P.
A public discussion of these legal matters would conflict with the
duty of the City's attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of
Texas or would jeopardize the City's legal position in any
administrative proceedings or potential litigation.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING
WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS
GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR
City of Denton City Council Agenda
December 12, 2006
Page 2
VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF S551.086 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, S551.001, ET SEO. (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 S551.071-551.086 OF THE TEXAS OPEN
MEETINGS ACT.
Special Called Regular Meeting of the City of Denton City Council on Tuesday, December 12,
2006 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. November Yard of the Month Awards
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. Citizens may speak on items listed on the
Consent Agenda. A Request to Speak Card should be completed and returned to the City
Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda
items are limited to three minutes.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A - W). 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 - W 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 consenting to the exercise of the power of
eminent domain in the City of Denton by the Upper Trinity Regional Water
District for the Shady Shores Road Treated Water Pipeline Replacement Project.
B. Consider approval of a resolution of the City Council of the City of Denton,
Texas, ratifying and confirming the acceptance of an approximate 3.814 acre of
dedication fee land as shown on the plats of Lowes Addition, Lot 1, Block 1, an
addition to the City of Denton, Texas, according to the plat and replat thereof
recorded in Cabinet M, Page 8 and Page 235 of the Plat Records of Denton
County, Texas.
City of Denton City Council Agenda
December 12, 2006
Page 3
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.
D. Consider approval of the minutes of:
November 7,2006
November 14,2006
November 15,2006
E.
Consider approval of tax refunds for the following property taxes:
Tax
Year
1. Mason, Ralph L. Duplicate Payment 2005
2. Freebourn, Royce & Rosemarie Duplicate Payment 2003
3. First American/McElhaney, Dale & Erroneous Payment 2004
Marcie
Name
Reason
Amount
$2,945.03
$2,364.22
$1,021.64
F. Consider adoption of an ordinance of the City of Denton approving a Pipeline
Crossing Agreement between the Union Pacific Railroad Company ("UPRR"),
and the City of Denton relating to the encroachment of a 16 inch water pipeline,
crossing an existing UPRR right-of-way at Mile Post 723.02 as part of the
Meadows at Hickory Creek development public improvements, located in the W.
Roark Survey Abstract Number 1087, City of Denton, Denton County, Texas.
The Public Utilities Board recommends approval (5-0).
G. Consider adoption of an ordinance of the City of Denton, Texas approving and
authorizing the Mayor to execute an Interlocal Ambulance Agreement between
the City of Denton and Denton County for ambulance services; and declaring an
effective date.
H. Consider adoption of an ordinance of the City of Denton, Texas approving and
authorizing the Mayor to execute an Interlocal Fire Protection Agreement
between the City of Denton and Denton County for fire protection services; and
declaring an effective date.
I. Consider adoption of an ordinance of the City of Denton, Texas, amending
Chapter 18 of the Code of Ordinances by amending Section 18- 73 to establish
speed zones on FM 1515/Airport Road, FM 1830/Country Club Road, and US
380/University Drive; altering the prima facie speed limits established for
vehicles under the provision of Transportation Code, Section 545.356 upon these
streets, within the incorporate limits of the City of Denton; providing a penalty
not to exceed $200.00 unless the violation occurs in a work zone and then the
penalty shall not exceed $400.00; providing a severability clause; providing a
repealing clause; providing for publication; and declaring an effective date. The
Traffic Safety Committee recommends approval (6-0).
City of Denton City Council Agenda
December 12, 2006
Page 4
J. Consider adoption of an ordinance of the City of Denton, Texas amending the
provisions of Chapter 6 relating to animals by amending Section 6-2 to include
bats in the definition of prohibited animals and include a definition for tethering;
by amending Section 6-6 to provide that the animal shelter employee shall work
for the City of Denton Animal Shelter; by amending Section 6-8 to place
limitations on tethering animals; by amending Sections 6-13, 6-14 and 6-17 to
reflect changes in state law regarding rabies vaccination requirements; by
amending Section 6-14 to waive registration fees for animals which are sterilized
and microchipped; by amending Section 6-16 to reduce the holding period for
protective custody impounds from 7 days to ninety-six (96) hours; by amending
Section 6-30 to allow for impoundment of prohibited animals and to establish
time frames for redemption or disposition of the prohibited animal; providing for
a severability clause; providing a repealer clause; providing a savings clause;
providing for a penalty not to exceed $500 for violations of this ordinance; and
providing for an effective date.
K. Consider adoption of an ordinance amending Ordinance No. 2005-343 to increase
the registration fee for dogs and cats, to establish an exemption from the
registration fee for sterilized and micro chipped animals, to establish the same
daily handling fee for the first day an animal is handled and any subsequent, to
increase the fee for disposing of dead animals, to simplify the animal euthanasia
fee section by removing the sections regarding burial boxes and cremation urns
pursuant to Chapter 6 of the Code of Ordinances of the City of Denton, Texas;
providing that a schedule of fees shall be maintained on file in the office of the
City Secretary; a severability clause; providing a savings clause; and providing an
effective date.
L. Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of automatic throw over switches PME 9
configuration, for Denton Municipal Electric; providing for the expenditure of
funds therefor; and providing an effective date (Bid 3626 - Annual Contract for
A TO Switch PME-9 Configuration awarded to the lowest responsible bidder, HD
Supply, in the estimated cumulative annual amount of $100,270). The Public
Utilities Board recommends approval (5-0).
M. Consider adoption of an ordinance accepting competitive bids and awarding an
annual contract for the purchase of Traffic Signal Poles for the City of Denton
Traffic Division; providing for the expenditure of funds therefor; and providing
an effective date (Bid 3625 - Annual Contract for Traffic Signal Poles awarded to
the lowest responsible bidder, Structural and Steel Products, Inc. in the estimated
cumulative annual amount of $323,658).
N. Consider adoption of an ordinance authorizing the City Manager to accept an
Interlocal Agreement with the Lower Colorado River Authority (LCRA) to
authorize participation in various LCRA contracts for the purchase of various
goods and services; authorizing the expenditure of funds therefore; and declaring
an effective date (File 3623 - Interlocal Agreement with the Lower Colorado
River Authority).
City of Denton City Council Agenda
December 12, 2006
Page 5
o. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to the Lower Colorado River Authority (LCRA) for providing
energy transmission services to the City of Denton; and providing an effective
date (File 3638 - 2006 Electrical Energy Transmission Fees-Lower Colorado
River Authority in the approximate amount of $142,906). The Public Utilities
Board recommends approval (5-0).
P. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of the Cook Street Waterline and
Repaving Project for the City of Denton; providing for the expenditure of funds
therefore; and providing an effective date (Bid 3586 - Cook Street Waterline and
Repaving awarded to Jagoe Public Company in the approximate amount of
$178,599.50).
Q. Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a professional services agreement with the firm of Arthur Surveying
Co., Inc. to provide professional surveying services in support of the City of
Denton Engineering Department; authorizing the expenditure of funds therefore
and providing an effective date (PSA 3219 - in an amount not to exceed
$250,000). The Public Utilities Board recommends approval (5-0).
R. Consider adoption of an ordinance approving the expenditure of funds for the
purchase of radio system upgrade for the Motorola 800MHz radio system utilized
by the City of Denton Police, Fire and Utility Dispatch Departments 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 3670 - Purchase of Radio System Upgrade for Police, Fire and Utility
Dispatch awarded to Motorola Inc. in the approximate amount of$132,458.53).
S. Consider adoption of an ordinance of the City of Denton, Texas accepting
competitive bids and awarding a best value contract for the purchase of one 150
MV A, 138kV to 69kV transformer for Denton Municipal Electric; authorizing the
expenditure of funds therefor; and providing an effective date (Bid 3606 - Best
Value Bid for 90/120/150 Autotransformer with LTC awarded to Siemens Power
Transmission in an amount not to exceed $1,991,000). The Public Utilities Board
recommends approval (5-0).
T. Consider adoption of an ordinance of the City of Denton, Texas approving an
Interlocal Cooperation Agreement by and between the City of Denton, Texas and
the City of Highland Village, Texas to provide gas well inspections services; and
providing an effective date. The Public Utilities Board recommends approval
( 5-0).
U. Consider adoption of an ordinance approving a Memorandum of Understanding
between the City of Denton and the Denton County Transportation Authority
regarding the development of the Downtown Denton Transit Center for the
purpose of enhancing the public transit system and providing a safe and secure
place to make transit connections, and providing an effective date. The Mobility
Committee recommends approval (2-0).
City of Denton City Council Agenda
December 12, 2006
Page 6
V. Consider adoption of an ordinance authorizing the acquisition through agreement
or eminent domain of an approximate twenty-five foot wide utility easement, and
an approximate twenty-five foot wide temporary construction easement for the
Robson Ranch Water Project generally located in the E. Pizano Survey, Abstract
Number 994, and the B. B. B. and C. R. R. Co. Survey, Abstract Number 158,
Denton County, Texas; and providing an effective date.
W. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
City of Denton, Texas to advance additional funds to the Texas Department of
Transportation pursuant to the two advanced funding agreements previously
executed, approved and in place for utility relocation contributions on state
highway improvement projects, such agreements being executed and approved by
the City of Denton and the Texas Department of Transportation; authorizing the
expenditure of funds therefor; and providing an effective date. The Public
Utilities Board recommends approval (5-0).
4. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance granting approval of
a subsurface use of a portion of the Denton Branch Rail/Trail adjacent to the south
side of Shady Shores Road at Mile Post 726.9 for the purpose of a public utility
easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code;
providing for the public utility easement; and providing an effective date. The
Parks, Recreation and Beautification Board recommends approval (5-0).
B. Hold a public hearing and consider adoption of two proposed amendments to the
Denton Mobility Plan. The proposed amendments are designed to improve
circulation and connectivity. (CA06-0004) The Planning and Zoning
Commission recommends approval (6-0).
C. Hold a public hearing and consider adoption of an ordinance regarding a Specific
Use Permit (SUP) for gas well drilling and production. The approximately 22-
acre site is located within a Neighborhood Residential 4 (NR-4) zoning district.
The property is located on the south side of Ryan Road approximately 1,500 feet
west of Teasley Lane. (806-0001) The Planning and Zoning Commission
recommends approval (7-0).
D. Hold a public hearing and consider adoption of an ordinance regarding a Specific
Use Permit (SUP) for gas well drilling and production. The 4.245-acre site is
located within a Neighborhood Residential 6 (NR-6) zoning district. The property
is located on the south side of Ryan Road approximately 2,350 feet west of
Teasley Lane. (806-0002) The Planning and Zoning Commission recommends
approval (7-0).
E. Hold a public hearing and consider adoption of an ordinance amending an
Alternative Development Plan (ADP) for an Environmentally Sensitive Area
(ESA). The amendment would allow the removal of 4,063 square feet (0.09
acres) of designated mitigation area for Upland Habitat and replace it with 6,716
City of Denton City Council Agenda
December 12, 2006
Page 7
square feet (0.15 acres) of property to be designated as Upland Habitat mitigation
area. The 133.5-acre site is located south of Interstate 35 East along both sides of
Wind River Lane. (ADP06-0015) The Planning and Zoning Commission
recommends approval (7-0).
F. Hold the first of two public hearings to consider the voluntary annexation and
service plan for approximately 1,199 acres and consisting of three tracts. The
property to be annexed is generally located in the North Central area of the City
of Denton's extraterritorial jurisdiction north of Loop 288 and West of FM 2164
(Locust Street). (A 06-0005, Hills of Denton) The Planning and Zoning
Commission recommends approval (7-0).
G. Hold a public hearing and consider adoption of an ordinance amending
Subchapter 12 of the Denton Development Code relating to accessory structures
and minimum floor area requirements. (DCA05-0015) The Planning and Zoning
Commission recommends approval (7-0).
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance approving an Interlocal Cooperation
Agreement between the City of Denton and Denton County for the construction of
Metro Street from Interstate Highway 35 West (IH35W) service road west to
Corbin Road and Corbin Road north of its intersection with Metro Street to F .M.
1515; and providing an effective date.
B. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Robert Donnelly regarding development.
B. Jordan Hudspeth regarding concerns of Southeast Denton.
C. Lanisha Hudspeth regarding concerns of Southeast Denton.
D. Hagar Hudspeth regarding concerns of Southeast Denton.
E. Willie Hudspeth regarding concerns of Southeast Denton.
F. Nell Yeldell regarding false claims.
C. New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
D. Items from the City Manager
1. Notification of upcoming meetings and/or conferences.
2. Clarification of items on the agenda.
3. Response to past citizen inquiries.
E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
City of Denton City Council Agenda
December 12, 2006
Page 8
F. 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 ,2006 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.
S ;\Our Documents\Miscellaneous\06\121206 AIS Ethics.doc
AGENDA INFORMATION SHEET
AGENDA DATE: December 12, 2006
DEPARTMENT: Legal Department
CM/DCM/ACM: Ed Snyder, City Attorney
SUBJECT: Receive a report, deliberate and give direction regarding the use of the City logo,
letterhead, proclamations, and consideration of amendments to the City Council Rules of
Procedure and Ethics Policy..
BACKGROUND: On :May 18,2004, City Council passed Resolution No. R2004-025 adopting
the Ethics Policy for Elected and Appointed Officials for the City of Denton. On January 17,
2006, the City Council passed Resolution No. R2006-003 amending the Ethics Policy. On July
18, 2006 and October 3, 2006, the Council Ethics Committee met to discuss and make
recommendations regarding the use of the City logo and City letterhead. Attached are the
minutes from the July 18 and October 3 meetings.
FISCAL INFORMATION: None.
Ed Snyder
City Attorney
Attachments
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City of Denton Council Ethics Committee Meeting
July 18, 2006
The Council Ethics Committee met on Tuesday, July 18, 2006 at 3:30 p.m. in the Legal -
ACCOWlting Conference Room.
PRESENT: Council Members Charlye Heggins, Guy McElroy and Jack Thomson, and City
Attorney Ed Snyder.
The Ethics Committee held a discussion and made recommendations regarding use of City logo
and City letterhead. The Committee discussed Rule No~ 1 of the City of Denton's Ethics Policy,
which reads as follows:
As a representative of the City of Denton, I will be ethical.. .
I will act with integrity and moral courage. I will be absolutely truthful.. I will make
impartial decisions that are free of bribes, unlawful gifts~ narrow political interests and
other personal interests that might impair my independence of judgment I will always
decide what is best for the whole city. I will respect confidences and information
designated "confidential" to the extent permitted by law. I will use my title and City logo
or letterhead only when conducting .official City business and will not exceed my
authority.
1. The Committee discussed the Mayor sending out a letter on City letterhead supporting
Heart Walk. It was decided that the Mayor should do a proclamation instead of letter
when showing support for any organization, rather than doing a letter on City letterhead.
The organization can then attach a copy of the proclamation to their letter that they are
distributing.
The Committee also asked the City Attorney. to make a change to Section 6.7 in the City
Council's Rules of Proc~dure to read tl;1at the Mayor does not have to read proclamations
at City Council meetings only, he can read them elsewhere.
2. The Committee discussed handing out their City business card with logo on it t~
individuals for informational purposes ~ven though they may not have been talking about
City matters. The Committee decided it is acceptable to hand out their City business card
in instances like this. But they cannot use their City business card as an influential means
when dealing with vendors, etc. while trying to make a personal transaction.. The
Committee agreed not to make any recommendations at this time.
3. The Committee discussed sending condolences and like items on City letterhead to
constituents in their district The Co~ittee agreed not to make any reconunendations at
this time.
4.. Committee asked City Attorney to initiate a work session item on the August 1 City
Council Agenda stating: Receive a rep.ort, deliberate and give direction regarding the use
of City logo, letterhead, proclamations and consideration of amendments to the City
Council Rules of Procedure and Ethics ;Policy.
The Ethics Committee adjourned at 4:10 p..m. pn Tuesday, July 18, 2006.
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City of Denton Council Ethics Committee Meeting
October 3, 2006
The Council Ethics Committee met on Tuesday, October 3, 2006 at 3:30 p.m. in the Legal _
Accounting Conference Room~
PRESENT: Council Members Charlye Heggins, Guy McElroy and Jack Thomson, and City
Attorney Ed Snyder.
The Ethics Committee held a discussion and made recommendations regarding use of City logo,
letterhead and other ethical issues related to council members and Council committees.
1. The Committee reviewed their session from the last meeting of July 13, 2006 regarding
the procedure that should be followed when a charitable or civic organization requests the
Mayor to send out a letter on City letterhead supporting the organization. It was decided
that the Mayor should do a Proclamation instead of letter when showing support for any
organization. The organization can then attach a copy of the Proclamation to their letter
that they are distributing. The Committee also acknowledged that Proclamations can be
presented at other places rather than at Council meetings.
The Committee reiterated the fact as to why a Proclamation from the Mayor is the best
way to acknowledge a charitable or civic organization's request rather than letters from
the Council members is so that we won't run the risk of different Council members
endorsing different events. The Proclamation also carnes more weight.
2. The Committee discussed whether a Chair of a Council committee should be allowed to
write a letter on City letterhead. It was decided that a Chair of a Council committee
should only write a letter on City letterhead under one of the following situations:
a. if the Chair is acknowledging receipt of an item; or
b. if the Chair is indicating that the committee has made a recommendation to the
Council regarding a particular issue, or
c. if the City Council has authorized the Chair to send the letter; or
d.. if the letter is just for informational purposes~
3. The Committee discussed how this should be memorialized; Le., should it be put in the
City Council Rules of Procedure or in some other fonnat. It was decided -that the City
Attorney will put this item on an upcoming work session agenda to discuss.
The Ethics Committee adjourned at 4:05 p.m. on Tuesday, October 3, 2006.
AGENDA INFORMATION SHEET
AGENDA DATE: December 12,2006
DEPARTMENT: Utilities
ACM:
Howard Martin, 349-8232
..
SUBJECT
Consider approval of a resolution consenting to the exercise of the power of eminent domain
in the City of Denton by the Upper Trinity Regional Water District for the Shady Shores Road Treated
Water Pipeline Replacement Project.
BACKGROUND
The Upper Trinity Regional Water District (the District) has requested that the City of Denton endorse
the use of eminent domain for the subject project, should negotiations fail for the necessary easements
contemplated on private property. The District was granted the power of eminent domain by the State
Legislature with the stipulation that prior consent must be obtained from an affected member city.
District officials have related that completion of this waterline project is critical to their system and are
resolved to have it operational before the onset of Summer 2007. A similar approval was given to the
District in January 1993 for their Teasley Lane Water Line project of that time period.
OPTIONS
1. Approve the resolution, or
2. Denial, or
3. Table for future consideration
RECOMMENDATION
Staff recommends approval of the resolution.
ESTIMATED PROJECT SCHEDULE
Spring 2007
PRIOR ACTION/REVIEW
The City of Denton Utilities Engineering staff has performed a cursory review of the schematic
alignment provided by the District's design consultant. Once the construction plans for the subject
project are substantially complete, they will be submitted and reviewed through the Development
Review Committee to ensure that potential infrastructure conflicts are identified, addressed and
minimized, as warranted. Based on the preliminary plans submitted, staff have no major issues with
the identified alignment, although we are attentive to safeguard our existing utility assets throughout
the process. There are sections of the water pipeline proposed to be installed within and across City
of Denton street right-of-way and across the rail/trail, which will require additional approvals on behalf
of the City of Denton. Those submissions will occur once the preparation of the project plans are
closer to final form.
FISCAL INFORMATION
No financial outlay required for this request.
EXHIBITS
1. Vicinity map
2. Draft Resolution
3. Petitioner Request Letter - w/o attachments
Prepared by:
~:f;~~J~i1~~~~~i;~{!~1~~~~;~2~~~:_,:~~~:~':1
:'/.
Paul Williamson
Real Estate Manager
R~esp~ctfullY~SU~mitted:
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Jim Coulter, Director
Utilities Department
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VICINITY MAP
Exhibit 1
S :\Our Documents\Resolutions\06\Eminent Domain Resolution .doc
RESOLUTION NO.
A RESOLUTION CONSENTING TO THE EXERCISE OF THE POWER OF EMINENT
DOMAIN IN THE CITY OF DENTON BY THE UPPER TRINITY REGIONAL WATER
DISTRICT FOR THE SHADY SHORES ROAD TREATED WATER PIPELINE REPLACEMENT
PROJECT.
WHEREAS, the Upper Trinity Regional Water District (the District) was created pursuant to
H.B~ # 3112 (the Act) passed by the 71 st Legislature in Regular Session 1989; and
WHEREAS, the Act, as fu~ended, authorizes the District to exercise the power of eminent
domain in a member City of the District upon receipt of prior consent of the member City as
evidenced by a written resolution; and
WHEREAS, the District's Board of Directors has approved the general aligmnent and general
location for the Shady Shores Water Pipeline Replacement project as designed by Corollo Engineers,
and as indicated on the Location map (Exhibit "A") and the easement right-of-way strip map
(Exhibit "B"), both attached hereto and made a part hereof; and
WHEREAS, the Proj ect may require the District to acquire land, easements, rights-of-way
and property and improvements within the City of Denton's boundaries; and
WHEREAS, the existing pipeline has deteriorated to a critical condition and its replacement
is imperative to the Public's safety, health and welfare; and
WHEREAS, the City of Denton is agreeable to the District exercising its power of eminent
domain within the City, ifnecessary, to obtain the required land, easements, rights-of-way and other
property to carry out the Project. NOW THEREFOlffi
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. All matters stated in the' Premnble are found to be true and correct and are
hereby incorporated into the body of this Resolution as if copied in their entirety.
SECTION 2. The City of Denton does hereby give its consent to the District to exercise the
District's power of eminent domain within the boundaries of the City pursuant to the Act as amended
to obtain the necessary land, easements, rights-of-way and other property and improvements to carry
out its Shady Shores Pipeline Replacement Project generally in accordance with the general
alignment and locations indicated approximately on the attached R.O.W. map (Exhibit "AU).
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
Exhibit 2
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY...
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER .' Y AT RNEY
BY:
day of
, 2006.
PERRY R. McNEILL, MAYOR
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S:\Our Documents\Misceltaneous\06\121206 AIS Lowes.doc
AGENDA INFORMATION SHEET
AGENDA DATE: December 12,2006
DEPARTMENT: Legal Department
CM/DCM/ACM: Ed Snyder, City Attorney
SUBJECT: A resolution of the City Council of the City of Denton, Texas, ratifying and
confirming the acceptance of an approximate 3~814 acre of dedication fee land as shown on the
plats of Lowes Addition, Lot 1, Block 1, an addition to the City of Denton, Texas, according to
the plat and replat thereof recorded in Cabinet M, Page 8 and Page 235 of the Plat Records of
Denton County, Texas
BACKGROUND: This Resolution ratifies an acceptance of subject right-of-way dedication.
Copies of the plats are attached, which show the dedication area.
FISCAL INFORMATION: None.
Attachments
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s: \OUT Documents\Reso luti ons\06\Lowes Addition- Acceptance of Dedi cation.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
RATIFYING AND CONFIRMING THE ACCEPTANCE OF AN APPROXIMATE 3.814
ACRE OF DEDICATION FEE LAND AS SHOWN ON THE PLATS OF LOWES ADDITION,
LOT 1, BLOCK 1, AN ADDITION TO THE CITY OF DENTON, TEXAS, ACCORDING TO
THE PLAT AND REPLAT THEREOF REC9RDED IN CABINET M, PAGE 8 AND PAGE
235 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN
EFFECTNE DA TE~
WHEREAS, the then record owner, Douglas and Associates, LLC, dedicated to the
public's use forever that certain fee land containing approximately 3~814 acres of land, as shown
on the Final Plats of Lowes Addition, Lot 1, Block 1, an addition to the City of Denton, Texas,
according to the Plats thereof recorded in Cabinet M. Page 8 and replat released in Cabinet M~
Page 235 of the Plat Records of Denton County, Texas (the "Dedication"); and
WHEREAS, the City of Denton has heretofore informally accepted the Dedication at the
time of filing of such Plats, and desires to memorialize such acceptance through the adoption of
this resolution; and
WHEREAS, the City Council finds that this resolution is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1 ~ The findings and recitations contained in the preamble of this resolution
are true and correct and are incorporated into the body of this resolution by reference.
SECTION 2. The City of Denton, Texas hereby ratifies and confirms the acceptance of
the Dedication effective upon filing of the plat(s).
SECTION 3~ This Resolution shall become effective and operate retroactively
immediately upon its passage and approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRET AR Y
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M~ S R, CIT 1\.TTORNEY
BY:
AGENDA INFORMATION SHEET
AGENDA DATE: December 12,2006
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
findings in connection therewith.
BACKGROUND
The North Texas Higher Education Authority, Inc. (NTHEA) was established as a non-
profit corporation for the purpose of furthering educational opportunities of students by
providing funds for the acquisition of student loans. The Cities of Arlington and Denton
exercise the powers enumerated under Section 53B.47 of the Texas Education Code and
the Cities appoint the directors of the Authority. Under Section 53B.47 the Authority may
issue revenue bonds or borrow money to provide funds for the purchase of student loans
guaranteed under provisions of the Higher Education Act of 1965, as amended. The City
of Denton is not financially obligated in any way. The Authority assumes sole
responsibility for the administration of the Authority's student loan program. The
Authority issued its first revenue bonds for such purpose in 1979.
The Authority last came to you in November 2005 for approval of $400,000,000 in student
loan revenue bonds. The proceeds of these issuances were utilized to refund maturing
bond financings and acquire student loans from the Authority's participating lenders.
NTHEA is requesting the City's approval to issue $400,000,000 in student loan revenue
bonds (memo attached). The proceeds of the bonds will be used to fund purchases from
its participating lenders and to supplement recycled principal payments to acquire loans
from lenders participating in the Authority's program. In addition, the proceeds will be
used to fund consolidation loans for certain borrowers of the Authority who have loans
with multiple lenders and can benefit from the consolidation program. The City has
previously approved the Authority's borrowing.
Agenda Information Sheet
December 12, 2006
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
,.,R~spec~tfu~Y sub~~ted:
~ I ".. - ~__
- ~- ~ ~
,I ~ ~
1'1 "
Jon Fortune
Assistant City Manager
North Texas Higl1.er Education Authority, Inc.
Higher Education Servicing Corporation
1250 'East Copeland Road. Sllite 200 6) Arlingto11, TX,76011(817)
MEMORANDUM
TO: Mayor and Council
City of Denton
FROM: North Texas Higher Education Authority, Inc.
DATE: November 21, 2006
SUBJECT: Request for Approval for Issuance of Taxable
Student Loan Revenue Bonds
As YOll blOW, the North Texas Higher Education Authority, Inc. (NTHEA) is reqllired by
law to obtain approval from its sponsoring cities for issuances of debt to finallce its stlldellt loan
secondary market program activities. The Authority last came to you in November 2005 for approval
of $400,000,000 in student loan revenue bonds. The proceeds of these issuances were utilized to
refund maturing bond financings and acquire student loans from the Allthority's paliicipating
lenders. In the past twelve months, the Authority has acquired $290,000,000 in stlldellt loallS.
The Authority proposes to issue $200,000,000 in taxable variable rate demand notes ill
December 2006. The proceeds will be used to fund purchases from its participatillg lellders. These
funds are anticipated to be exhausted by June 2007.
Therefore, in October 2006, NTHEA applied for and anticipates receiving approval for a
reservation of tax-exempt allocation under the state volume cap of about $55 million, and plalls to
issue an additional $145 million in taxable bonds in combination therewith for a total of
$200,000,000 in the spring of 2007. The proceeds will be used 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 lel1ders
and can benefit from the consolidation program. The Authority respectfully requests approval from
the City for the above referenced bond issues totaling $400,000,000.
The attached summary will provide you with details of the Authority's llistorical fil1ancillg
activities. Also, you may be interested to know that to date, NTHEA has acquired loans aggregating
approximately $2.3 billion, of which approximately $1.2 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 COl1tact:
Kathryn Bryan, Assistant Secretary
North Texas Higher Education Authority, Inc.
1250 East Copeland Road, Suite 200
Arlington, TX 76011-4921
(817) 265-9158
Thanl( you again for your interest and support of the program.
Enclosure
City of Denton memo
2
NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.
FINANCING ACTIVITIES
December 1979-November 2006
Tax-Exempt Financin2s:
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- A.MBAC
1985 Series A 23,100,000 Refund 1982B -0- AIvIBAC
1987 Series 1987 98,000,000 Refinance Loans Held Under Line of Credit -0- Bank of
Anlerica
1990 Series 1990 50,000,000 Refinance Loans Held Under Line of Credit -0- Lloyds Bank
1991 Series 1991A-F 153,500,000 Refinance West Texas DebtlNew Loan 50,000,000 AMBAC/
Purchases Lloyds B~nk
1991 Series 1991 G 90,000,000 Refinance West Texas Debt -o- M itsubishi
1993 Series 1993A-D 140,000,000 Refinance 1991G Bonds/New Loan 30,500,000
Purchases DEPFA
1996 Series 1996A-D 43,000,000 Refinance Portion of 1991 Bonds/New 35,000,000 AMBAC/
Loan Purchases Lloyds Bank
1998 Series 1998 40,815,000 Refinance Portion of 1993 Bonds/New 35,000,000 Ban k 0 f
Loan Purchases An1erica
2000 Series 2000A 67,580,000 Refinance Portion of 1991 & 1993 Bonds -0- Bank of
and Line of Credit Anlerica
2000 Series 2000B 35,000,000 New Loan Purchases 35,000,000 Bank of
A111erica
2001 Series 2001A 39,545,000 Refinance Portion of 1993 Bonds/ New 31,840,000
Loan Purchases Lloyds Bank
2003 Series 2003 73,400,000 Refinance Portion of 1993 & 2000 Bonds 54,500,000 LloydsBank
2004 Series 2004 42,000,000 Refinance Portion of 1990 & 2001 Bonds 42,000,000 Lloyds Bank
Purchase Loans from 1990, 1993 and BOA AMBAC/
2005 Series 2005A 103,600,000 LOC/New Loans 103,600,000 D EPF A
Series 2005e 98,800,000 Refinance 1987, 2000A and Portion of 98,800,000 Bank of
2005 1998/ New Loan Purchases An1erica
AMBACI
2006 Series 2006A 51 ~345~OOO New Loan Purchases 51 ,345,000
Lloyds Bank
Total Tax Exempt $1 ~252,530~000 $567,585,000
Financings
Finance Activities - 2006
NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.
FINANCING ACTIVITIES
December 1979-November 2006
Taxable Financin2s:
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- Banl( One
1990 Bonds
1995 Four-year 25,000,000 New Loan Purchases -0- Sal1ie 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 Banl( of Anlerica
New Loan Purchases and to DEPFA
2002 Series 2002 155,000,000 Refinance SLMA Line of Credit 155,000,000 Indenture
DEPF A
2003 Series 2003 30,000,000 New Loan Purchases 30,000,000 lnden ture
DEPF A
2003-2 Series 2003-2 150,000,000 New Loan Purchases 150,000,000 Indenture
AMBAC/
2005 Series 2005B 71,400,000 New Loan Purchases 71,400,000 DEPFA
Banl( of Anlerica
2005 Series 2005D 101,200,000 New Loan Purchases 101,200,000 Indenture
AMBAC/
2006 Series 2006BC 148~655~000 New Loan Purchases 148~655~000 Lloyds Bank
Total Taxable Financings $1~O71~255~000 $756~255~OOO
TOT AL FINANCINGS $2.323.785.000 $1.323.840.000
Finance Activities - 2006
. \Our Documents\Resolutions\06\NTHEA. DOC
CERTIFICATE OF SECRETARY
CITY OF DENTON
9
S
S
S
9
THE STATE OF TEXAS
COUNTY OF DENTON
I, the undersigned, Secretary of the City of Denton, Texas do hereby certify the
following:
1~ On the day of , 2006, the City Council of
the City of Denton, Texas convened in regular session at its regular meeting place in City Halt
with the duly constituted members of the City Council being as follows:
Perry McNeill
Charlye Heggins
Pete Kamp
Jack Thomson
Gus McElroy
Bob Montgomery
Joe Mulroy
. Mayor
Council Member, District 1
Council Member, District 2 and Mayor Pro Tern
Council Member, District 3
Council Member, District 4
Council Member, At Large Place 5
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
45838371 + 1
1
S :\OUT Documents\Resolutions\06\NTHEA.DOC
members of the City Council of the City of Denton, Texas, on the date of the aforesaid Council
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. , 2006~
(Seal)
45838371.1
Jennifer Walters, City Secretary
City of Denton, Texas
2
S :\Our Documents\Resolutions\06\NTIIEA.DOC
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; MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
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 othelWise 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; and
WHEREAS, the Authority requests that the City approve the issuance of additional bonds
to augment the Authority's student loan program; and
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 COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. 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 taxable student loan
revenue bonds or other obligations, in one or more series, in an amount not to exceed
$200,000,000, such bonds to be issued within four months of the date hereof. 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, 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.. In addition to the student loan revenue bonds approved in Section 1, 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 2007 additional 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 2006 Private Activity Bond Allocation
Carryforward, if any, and a 2007 Private Activity 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
Page 10f3
S :\Qur Documents\Resolutions\06\NTHEA.DOC
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 Qperating 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~ 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 2007 Private Activity
Bond Allocation Carryforward in an amount not to exceed $200,000,000, 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 :ofDenton, Texas that it will payor 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 indebtednes"s 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
, 2006.
PERRY R~ McNEILL, MAYOR
Page 2 of3
s: \Our Documen ts\Resoluti on s\O 6 \NT H EA. DOC
ATTEST:
JENNIFER WALTERS, CITY SECRETARY.
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M~ SNYDER, CI Y ATTORNEY
BY:
Page 3 of3
CITY OF DENTON CITY COUNCIL MINUTES
November 7,2006
The City Council attended a reception for City Manager George Campbell on Tuesday,
November 7,2006 at 4:30 p.m. in the Council Work Session Room at City Hall.
Regular Meeting of the City of Denton City Council on Tuesday, November 7,2006 at 6:30 p.m.
in the Council Chambers at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, McElroy, Montgomery, and Thomson.
ABSENT: None
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A.
Alexander.
The Council considered approval of a Resolution of Appreciation for John Oliver
Mulroy motioned, Thomson seconded to approve the resolution. On roll vote, Heggins "aye",
Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
McNeill "aye". Motion carried unanimously.
B . Proclamations/Awards
Mayor McNeill presented proclamations for:
National Hospice Month
TWU Tobacco-Free Week
C. October Yard-of-the-Month Awards
Mayor McNeill presented Yard of the Month Awards:
Jim and Pat Nicks
Steve and Lynn Lavezo
Jessica Stephens
Wild Bird Center - Brinker Road-Watersmart Award
North Texas Heath and Wellness Center-Business Award
3. CONSENT AGENDA
Mulroy motioned, Thomson seconded to approve the Consent Agenda and accompanying
ordnances and resolutions. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye",
Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried
unanimously.
City of Denton City Council Minutes
November 7,2006
Page 2
A. 2006-304 - An ordinance of the City of Denton, Texas to declare the intent to
reimburse expenditures from the Unreserved Fund Balance of the General Fund
with Certificates of Obligation with an aggregate maximum principal amount
equal to $1,200,000 so that General Fund vehicles and equipment may be
purchased; and providing an effective date.
B. 2006-305 - An ordinance amending Article V, Library, of Chapter 2 of the City
Code establishing operating policies and procedures; establishing fees for full
access library cards for non-residents and students and for limited access punch
cards; establishing additional requirements for return of borrowed materials;
providing a severability clause; providing for a penalty for each violation not to
exceed $500; providing for a savings clause; and providing for an effective date.
The Library Board recommended approval (6-0).
C. 2006-306 - An ordinance of the City Council of Denton, Texas amending Section
2-156 of the City Code authorizing the City Manager to institute administrative
directives and procedures establishing regulations for the internal operations of
the Denton Library upon the recommendation of the Library Board; establishing a
savings clause; and providing an effective date. The Library Board recommended
approval (6-0).
D. 2006-307 - An ordinance of the City of Denton, Texas approving a designation
and dedication of public right of way for an approximate five-foot wide public
utility easement within the existing right-of-way of Vintage Blvd. for the
exclusive use of Denton Municipal Electric; and providing an effective date. The
Public Utilities Board recommended approval (6-0).
E. 2006-308 - An ordinance of the City of Denton approving a License Agreement
between Ernestine E. Riley and the City of Denton relating to the encroachment
of a detached arbor and other improvements across an existing 16' drainage and
public utility easement located in the John McGowan Survey, Abstract No. 797
and being described in the Recorder's No. 20050R006-4327 of the deed records
of Denton County. The Public Utilities Board recommended approval (6-0).
F. 2006-309 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a professional services agreement for civil, structural, and
electrical design services and engineering services for electric substation projects
and related services for Denton Municipal Electric with the firm of CLE
Engineers, Inc., a corporation, in an amount not to exceed $125,000; authorizing
the expenditure of funds therefor; and providing an effective date. The Public
Utilities Board recommended approval (6-0.)
G. R2006-037 - A resolution confirming the appointment of Scott Langford as
Interim Police Chief of the City of Denton Police Department; and declaring an
effective date.
City of Denton City Council Minutes
November 7,2006
Page 3
H. 2006-310 - An ordinance accepting competitive bids and awarding a two-year
contract for the purchase of emergency medical service supplies for the City of
Denton Fire Department; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3532 - Two- Year Contract for Emergency
Medical Service (EMS) Supplies awarded to the lowest responsible bidder for
each item in the estimated cumulative annual amount of $116,273).
I. 2006-311 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of hot mix asphalt concrete for the City of Denton Street
Department; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3605 - Annual Contract for Hot Mix Asphalt Concrete
awarded to the lowest responsible bidder for each item, Jagoe-Public Company, in
the estimated cumulative annual amount of $2,700,000).
J. 2006-312 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area
Council of Governments (H-GAC) for the acquisition of two backhoes for the
City of Denton Water Distribution Department by way of an Interlocal Agreement
with the City of Denton; and providing an effective date (File 3613 - Interlocal
Agreement for Two Backhoes with H-GAC awarded to Equipment Support
Services, Inc. in the amount of $134,323.08). The Public Utilities Board
recommended approval (5-0).
K. 2006- 313 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with The Cooperative Purchasing
Network (TCPN) for the acquisition of HV AC air conditioning units for eight
City of Denton facilities by way of an Interlocal Agreement with the City of
Denton; and providing an effective date (File 3621 - Interlocal Agreement for
Purchase of HV AC Air Conditioning Units with TCPN awarded to The Trane
Company in the amount of $396,440).
L. 2006-314 - An ordinance authorizing the financing of fleet vehicles and
equipment for various city departments through a lease purchase financing
agreement; providing for the expenditure of funds therefor; and providing an
effective date (File 3608 - Third Party Lease Purchase of Vehicles and
Equipment, approximate finance charges of $188,608.70 for 60 months and
$108,352.30 for 120 months for total finance charges of$296,961).
M. 2006- 315 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Buy Board Cooperative
Purchasing Network for the acquisition of 27 vehicles for various City of Denton
General Fund Departments by way of an Interlocal Agreement with the City of
Denton; and providing an effective date (File 3641 - Interlocal Agreement for the
purchase of General Fund Vehicles for the 2006-2007 fiscal year awarded to
Philpott Motors in the amount of$561,886).
City of Denton City Council Minutes
November 7,2006
Page 4
N. 2006- 316 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order through the Buy Board Cooperative
Purchasing Network for the acquisition of a Sheepfoot Roller for the Street
Department for the City of Denton General Street Department by way of an
Interlocal Agreement with the City of Denton; and providing an effective date
(File 3642 - Interlocal Agreement for the purchase of a Sheepfoot Roller for the
Street Department awarded to Holt CAT in the amount of$159,623).
O. 2006-317 - An ordinance accepting competitive bids by way of an Interlocal
Agreement with Tarrant County and awarding a contract for the purchase of a
Surface Pre Mixer; providing for the expenditure of funds therefor; and providing
an effective date (File 3643 - Interlocal Agreement for Surface Pre Mixer with
Tarrant County, contract awarded to Conley Lott Nichols of Texas, Inc. in the
amount of $318,380).
P. 2006- 318 - An ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area
Council of Governments (H-GAC) for the acquisition of a Type I Ambulance for
the City of Denton Fire Department by way of an Interlocal Agreement with the
City of Denton; and providing an effective date (File 3644 - Interlocal Agreement
for Type I Ambulance with H-GAC awarded to Freeway Ford in the amount of
$110,625).
Q. 2006- 319 - An ordinance accepting competitive bids and awarding a public works
contract for the annual maintenance and replacement of specified curbs, gutters,
sidewalks and ADA ramps for the City of Denton (as listed in Attachment 1);
providing for the expenditure of funds therefor; and providing an effective date
(Bid 3516 - Annual Contract for Concrete Work (expenditure over $100,000)
awarded to Floyd Smith Concrete, Inc. in the estimated amount of $175,000).
R. 2006-320 - 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 performing all landfill groundwater monitoring,
data review, reporting, and general geological and hydrogeological services
regarding the City of Denton, Texas Municipal Solid Waste Landfill in an amount
not to exceed $110,093.55; authorizing the expenditure of funds; providing for
retroactive ratification and approval thereof; and providing an effective date. (File
3620 - awarded to Solutient GeoSciences, Inc. in an amount not to exceed
$110,093.55). The Public Utilities Board recommended approval (5-0).
S. 2006- 321 - An ordinance of the City of Denton authorizing the City Manager, or
his designee, to execute on behalf of the City of Denton an acceptance of an offer
from the Texas Department of Transportation relating to a grant for the Routine
Airport Maintenance Program; authorizing the City Manager to expend funds
provided for in the grant program; and declaring an effective date. TxDOT
Project No. AM2007DNTON and TxDOT CSJ No. M718DNTON. The Airport
Advisory Board recommended approval (7-0). Mobility Committee forwarded
Airport Advisory Board recommendation (3-0).
City of Denton City Council Minutes
November 7,2006
Page 5
T. Approved an exception to the Noise Ordinance for amplified sound for a party
and musical concert to be held at the North Texas State Fairgrounds on December
9, 2006. The exception is specifically requested to extend the hours from 10:00
p.m. to 12:00 a.m. for amplified sound.
U. 2006-322 - An ordinance nunc pro tunc, correcting an inadvertent mistake in
Ordinance No. 2005-224, specifically its amendment of Section 35.13.13.2 of the
Denton Development Code; providing for a penalty in the maximum amount of
$2,000.00 for violation thereof; providing for severability, savings and supersede;
and providing for an effective date. (DCA06-0019) (Graphics omitted)
V. Approved the minutes of:
October 2, 2006
October 3, 2006
October 10, 2006
October 17, 2006
October 24,2006
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
concerning the rezoning of approximately 3.5 acres from a Neighborhood Residential-2 (NR-2)
zoning district to a Neighborhood Residential Mixed use (NRMU) zoning district with an
overlay district. The property was located at the northwest corner of Teasley Lane and Lillian
Miller Boulevard. The Planning and Zoning Commission recommended approval (5-0). Z06-
0024
Kelly Carpenter, Director of Planning and Development stated that the petitioner had asked to
have his item delayed and moved to the Council's Dec. 19th agenda.
The Mayor opened the public hearing.
Mulroy motioned, Heggins seconded to continue the public hearing to the December 19th
meeting. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy
"aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
granting approval of a portion of the Denton Branch Rail/Trail generally from milepost 721.5 to
729.5 for the purpose of a public commuter rail service in accordance with Chapter 26 of the
Texas Parks and Wildlife Code; and providing an effective date. The Parks, Recreation and
Beautification Board recommended approval (6-0).
Bob Tickner, Parks and Recreation Superintendent, stated that State law required a public
hearing when park property was to be used for non-park uses. The proposed use of the property
was for a public commuter rail service line. A new trail would be built on the side of the rail
line. The Parks, Beautification and Recreation Board recommended approval.
City of Denton City Council Minutes
November 7,2006
Page 6
The Mayor opened the public hearing.
Bob Clifton welcomed the new city manager. He expressed a concern that the City did not have
clear title to the rail/trail property. DART owned the option and could reclaim the property at
any time. After upgrading the trail, he was concerned that DART would then exercise the option
to take back the property. He encouraged the city to get title to property.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2006-323
AN ORDINANCE GRANTING APPROVAL OF A PORTION OF THE DENTON
BRANCH RAIL/TRAIL GENERALLY FROM MILEPOST 721.5 TO 729.5 FOR THE
PURPOSE OF A PUBLIC COMMUTER RAIL SERVICE IN ACCORDANCE WITH
CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; AND PROVIDING
AN EFFECTIVE DATE.
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill
"aye". Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance approving a memorandum of
understanding between the City of Denton and the Denton County Transportation Authority
regarding the use of a portion of the Denton Branch Rail/Trail from mile post 721.5 to 729.5 for
the purpose of public commuter rail service: and providing an effective date. The Mobility
Committee recommended approval (3-0). The Parks, Recreation and Beautification Board will
consider this item on November 6, 2006.
Mark Nelson, Chief Transportation Officer, stated that the Denton County Transportation
Authority was requesting to use a portion of the Denton Branch rail/trail for a public commuter
rail service. The proposed ordinance would approve a memorandum of understanding for that
use.
The following ordinance was considered:
NO. 2006-324
AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY
TRANSPORTATION AUTHORITY REGARDING THE USE OF A PORTION OF
THE DENTON BRANCH RAIL/TRAIL FROM MILE POST 721.5 TO 729.5 FOR THE
PURPOSE OF PUBLIC COMMUTER RAIL SERVICE: AND PROVIDING AN
EFFECTIVE DATE.
City of Denton City Council Minutes
November 7,2006
Page 7
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill
"aye". Motion carried unanimously.
B. The Council considered approval of a resolution nominating members to the
Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective
date.
Jon Fortune, Assistant City Manager, stated that this was an annual item for nominations for
members to the Appraisal Review Board of the Denton Central Appraisal District. Council
could nominate as many individuals as they wished.
Council nominated Steve Reece, John Duffy and Les Clampett.
The following resolution was considered:
NO. R2006-038
A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW
BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING
AN EFFECTIVE DATE.
Kamp motioned, Heggins seconded to approve the resolution with the names as nominated
unless one of the nominees declined the nomination. On roll vote, Heggins "aye", Kamp "aye",
McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye".
Motion carried unanimously.
C. The Council considered appointing a voting delegate and an alternate voting
delegate to the National League of Cities Annual Congress of Cities.
City Manager Campbell indicated that this was one of the two annual meetings for the National
League of Cities. Only Council Member Heggins had confirmed that she would be attending the
conference.
Council Member Heggins was nominated as voting delegate. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill
"aye". Motion carried unanimously.
D. The Council considered nominations/appointments to the City's Boards and
Commissions.
City Secretary Walters indicated that Council Member Thomson had a nomination to the Parks,
Recreation and Beautification board.
Council Member Thomson nominated Mrs. Harold (Dale) Conway and motioned to waive the
Council's rules and vote on the nomination at this meeting. Deputy Mayor Pro Tem Mulroy
seconded the motion. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery
"aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously.
City of Denton City Council Minutes
November 7,2006
Page 8
On roll vote to appoint Dale Conway to the Parks, Recreation and Beautification Board, Heggins
"aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and
Mayor McNeill "aye". Motion carried unanimously.
E. Citizen Reports
1. Review of procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Nell Yeldell regarding the way the City treats people from Katrina.
Ms. Yeldell was not present
B. Robert Donnelly regarding development issues.
Mr. Donnelly presented pictures of his property after the rain last week. They showed the silt
runoff into his pond from the neighboring development. He stated that most of the drainage
work was done around his property. A current problem was the blockage in a storm sewer that
blew a manhole out at an area where the water accessed his pond. He was asking Council to
rethink the direction of development at any cost and look for development that would be done
correctly.
Council Member Montgomery asked if Mr. Donnelly had received any response from the
developer regarding his concerns.
Donnelly replied that the developer had asked him not use the easement to drive through to get to
his property.
Mayor McNeill asked if the developer had built the drainage system to city standards.
Donnelly replied that in his opinion it did not meet the Denton Development Code.
C. Larry Luce regarding Code Enforcement.
Mr. Luce stated that he had asked several weeks ago for additional code enforcement in an area
of Denton that was very neglected. He thanked the Department for the increased enforcement.
D. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
E. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
F. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth was not present.
City of Denton City Council Minutes
November 7,2006
Page 9
G. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth was not present.
F. New Business
The following items of New Business were suggested for future council meetings:
1. Deputy Mayor Pro Tem Mulroy asked for a follow-up to Mr. Donnelly's
report. He suggested verifying the complaint and forwarding that to the surety.
2. Council Member McElroy requested staff respond to Mr. Donnelly as
quickly as possible.
3. Council Member Heggins requested a follow-up on a memo received from
Mark Anthony Allen regarding his utility payment.
G. Items from the City Manager
1. Notification of upcoming meetings and/or conferences.
2. Clarification of items on the agenda.
3. Response to past citizen inquiries.
City Manager Campbell did not have any items for Council.
H. There was no continuation of Closed Meeting under Sections 551.071-551.086 of
the Texas Open Meetings Act.
I. There was no official action on Closed Meeting Item(s) under Sections 551.071-
551.086 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 7:15 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W AL TERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
November 14, 2006
After determining that a quorum was present, the City Council convened in a Special Called
Meeting on Tuesday, November 14,2006 at 4:00 p.m. in the Council Chambers at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, McElroy, Montgomery, and Thomson.
ABSENT: None
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance on first reading to voluntarily
annex approximately 1.9 acres into the corporate city limits of the City of Denton, Texas. The
property was generally located in the southeastern area of the City of Denton's extraterritorial
jurisdiction (ETJ) on Teasley Lane and Old Alton Road legally described as a part of a 5.41-acre
tract of land situated in the J.C. Baker Survey, Abstract 47, Denton County, Texas. The Planning
and Zoning Commission recommended approval (7-0). (A 06-0002, Corinth Substation
Annexation)
Kelly Carpenter, Director of Planning and Development, stated that two prior public hearings
had been held on this proposed annexation. The property would be used for a TXU substation.
No comments had been received from the public on the proposed annexation.
Mulroy motioned, McElroy seconded to adopt the ordinance on first reading. On roll vote,
Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye"
and Mayor McNeill "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance on first reading to voluntarily
annex approximately 33 acres into the corporate city limits of the City of Denton, Texas. The
property to be annexed was generally located in the northwestern area of the City of Denton's
Extraterritorial Jurisdiction (ETJ) north of US 380 west of Masch Branch Road and legally
described as Lot 2 of the Marriott Garden Addition. The Planning and Zoning Commission
recommended approval (7-0). (A06-0004, Lot 2 of the Marriott Garden Addition Annexation)
Deputy Mayor Pro Tem Mulroy left the meeting with a conflict of interest.
Kelly Carpenter, Director of Planning and Development, presented details of the location of the
annexation. This proposal was the result of the property owners defaulting on a prior agreement.
The default zoning would be RD-5. Staff was working with the property owners for a more
appropriate zoning category for the property.
City Attorney Snyder indicated that the use would be a legal non-conforming use and the current
uses would continue subject to the new zoning.
Montgomery motioned, Kamp seconded to adopt the ordinance on first reading. On roll vote,
Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Thomson "aye" and Mayor
McNeill "aye". Motion carried unanimously.
City of Denton City Council Minutes
November 14,2006
Page 2
Deputy Mayor Pro Tem Mulroy returned to the meeting.
C. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas, supporting state legislation allowing citizens to vote to exempt from the two-
percent cap on local sales tax any local sales tax committed to public transportation initiatives;
and declaring an effective date.
Jon Fortune, Assistant City Manager, stated that the proposal was in support of state legislation
that would allow citizens to vote to exempt the two-percent cap on local sales tax for any sales
tax committee to public transportation initiatives. This would free up a percentage of the sale tax
for other uses.
The following resolution was considered:
NO. R2006-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
SUPPORTING STATE LEGISLATION ALLOWING CITIZENS TO VOTE TO EXEMPT
FROM THE TWO-PERCENT CAP ON LOCAL SALES TAX ANY LOCAL SALES TAX
COMMITTED TO PUBLIC TRANSPORTATION INITIATIVES; AND DECLARING AN
EFFECTIVE DATE.
Thomson motioned, Kamp seconded to approve the resolution. On roll vote, Heggins "aye",
Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor
McNeill "aye". Motion carried unanimously.
D. The Council received a report, held a discussion and gave staff direction
regarding the City of Denton's Sesquicentennial Celebration.
Jane Fitzgerald, Director of Parks and Recreation, stated that the Council appointed committee
had met weekly to work on the details of the celebration. They had developed 150 milestones
and were looking at activities from outside agencies. The Committee wanted to share the logo
and slogan it had developed. This logo and slogan would be used to promote the celebration
events. They were in the process of developing criteria for use of the logo. The Committee was
asking Council to allow the use of the logo by other agencies.
Council Member Heggins asked if the logo would expire after the celebration. Fitzgerald replied
yes that it would be used just for the celebration year.
Kamp motioned, Heggins seconded to approve the use of the logo as described. On roll vote,
Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye"
and Mayor McNeill "aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 4:25 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W AL TERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
November 15,2006
After determining that a quorum was present, the City Council convened in a Special Called
Meeting on Wednesday, November 15, 2006 at 8:30 a.m. in the City Manager's Conference
Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Montgomery, and Thomson.
ABSENT: Council Members Heggins and McElroy
1. The Council considered adoption of an ordinance canvassing the returns and declaring
the results of the municipal election to amend the city charter of the City of Denton on
November 7,2006; entering an order in the records of the municipality declaring that the charter
amendments are adopted; and providing an effective date.
Jennifer Walters, City Secretary, presented the final results of the election. She indicated that
Propositions # 1 and #5 had not passed. The Secretary of State would be notified of the changes
in the Charter.
The following ordinance was considered:
NO. 2006-325
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF THE MUNICIPAL ELECTION TO AMEND THE CITY CHARTER OF
THE CITY OF DENTON ON NOVEMBER 7,2006; ENTERING AN ORDER IN THE
RECORDS OF THE MUNICIPALITY DECLARING THAT THE CHARTER
AMENDMENTS ARE ADOPTED; AND PROVIDING AN EFFECTIVE DATE.
Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye",
Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried
unanimously.
With no further business, the meeting was adjourned at 8:42 a.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER W AL TERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE:
December 12, 2006
DEP ARTMENT:
Tax
Jf
ACM:
Jon Fortune
SUBJECT
Name
Consider approval of tax refunds for the following property taxes:
Reason
2.
BACKGROUND
Tax
Amount
Year
2003
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 $6,330.89.
Respectfully submitted:
Jon Fortune
Assistant City Manager
AGENDA INFORMATION SHEET
AGENDA DATE: December 12,2006
DEPARTMENT: Utilities
Howard Martin, 349-8232 ..
ACM:
SUBJECT
Consider adoption of an ordinance of the City of Denton approving a Pipeline Crossing Agreement
between the Union Pacific Railroad Company ("UPRR"), and the City of Denton relating to the
encroachment of an 16 inch water pipeline, crossing an existing UPRR right-of-way at Mile Post
723.02 as part of the Meadows at Hickory Creek development public improvements, located in the W.
Roark Survey Abstract Number 1087, City of Denton, Denton County, Texas and providing and
effective date. The Public Utilities Board recommends approval (5-0).
BACKGROUND
A pipeline crossing agreement is needed to install and construct a new 16-inch water pipeline across
the Union Pacific Railroad Company's right-of-way. This proposed section of water pipeline is part of
the required public improvements for the development of Meadows at Hickory Creek Addition.
The City of Denton seeks formal permission and acknowledgement of the proposed public
improvements within the boundaries of a existing UPRR right-of-way. UPRR has agreed to the
encroachment on their right-of-way using a Pipeline Crossing Agreement as a vehicle for formal
consent.
OPTIONS
1. Approve the Ordinance
2. Denial, or
3. Table for future consideration
RECOMMENDATION
Staff endorses the approval of an ordinance approving a Pipeline Crossing Agreement
ESTIMATED PROJECT SCHEDULE
January 2007
PRIOR ACTION/REVIEW
This item was presented to the Public Utilities Board at its November 27, 2006 regular meeting. The
Public Utilities Board recommends approval 5-0.
FISCAL INFORMATION
Not Applicable
EXHIBITS
1. Location Map
2. Site Map
3. Ordinance
4. Pipeline Crossing Agreement
5. PUB Minutes
Prepared by:
Mark A. Laird
Right-of-way Agent
Real Estate and Capital Support
Respectfully submitted,
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Jimmy D. Coulter
Director of Water/Wastewater
Water Administration
2
VICINITY MAP
Exhibit 1
SITE MAP
PROPOSED 16" WATERLINE
ENCROACHMENT AREA
Proposed
16" Waterline
16" Waterline
Encroachment Area
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Exhibit 2
NOTE: Road Improvements that are
shown within this map are proposed.
s: \Our Documents\Ordinances\06\UPRR Draft Ordinance.doc
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON APPROVING A PIPELINE CROSSING
AGREEMENT BETWEEN THE UNION P A"CIFIC RAILROAD COMPANY ("UPRR") AND
THE CITY OF DENTON RELATING TO THE ENCROACHMENT OF A 16 INCH WATER
PIPELINE CROSSING AN EXISTING UPRR RIGHT-OF-WAY AT MILE POST 723~02 AS
PART OF THE MEADOWS AT HICKORY CREEK DEVELOPMENT PUBLIC
IMPROVEMENTS, LOCATED IN THE W~ ROARK SURVEY ABSTRACT NUMBER 1087,
CITY OF DENTON, DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE
DA TE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1~ The City Manager, or his designee, is hereby authorized to execute the
attached pipeline crossing agreement between the City of Denton, Texas and Union Pacific
Railroad Company ("UPRR"), related to the encroachment of a 16 inch water pipeline at
milepost 723.02, in substantially the form of the Agreement which is attached to and made a part
of this ordinance for all purposes, for the purpose of locating City utilities within the existing
UPRR right-of-way as described therein. '
SECTION 2~ The expenditure of funds as provided in the Agreement is hereby
authorized..
SECTION 3~ This ordinance shall be~ome effective immediately upon its passage and
approval~
PASSED AND APPROVED this the
day of
, 2006~
PERRY R~ McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDW~..~:-S.NYDER;T1TY1'\"'f!J')EY
(// _ . .;....:.~.:. ~ " ." . .~. n_ -7"""-~ .-/
~:-.~ ~.._---- -'
B~ .~-" _ ,~_____~,~r - .. ".
Exhibit 3
PL X 940206
Ponn Approved, A VP-Law
Folder No. 02385-54
PIPELINE CROSSING
AGREEMENT
Mile Post: 723.02, Choctaw Subdivision
Location: Denton, Denton County, Texas
Tms AGREEMENT is made and entered into as of August 21, 2006, by and between UNION
PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") and CITY
OF DENTON, TEXAS, a Texas corporation to be addressed c/o City Manager, City of Denton 215 E.
McKinney Street, Denton, Texas 76201 (hereinafter the "Licensee").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Article I.
LICENSE FEE.
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee
of One Thousand Five Hundred Dollars ($1,500.00).
Article II.
LICENSOR GRANTS RIGHT.
In consideration of the License Fee to be paid by the Licensee and in further consideration of the
covenants and agreements herein contained to be by the Licensee kept, observed and performed, the
Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to
maintain and operate only an
encased 16" water pipeline crossing (hereinafter the "Pipeline")
in the location shown and in conformity with the dimensions and specifications indicated on the attached
print dated May 09, 2006, marked Exhibit A. Under no circumstances shall Licensee modify the use of
the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for any
other use, whether such use is currently technologically possible, or whether such use may come into
existence during the life of this Agreement.
Article III.
CONSTRUCTION~ MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions,
conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a
part hereo[
Article IV.
IF WORK IS TO BE PERFORMED BY CONTRACTOR.
If a contractor is to do any of the work performed on the Pipeline (including initial construction
and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its
contractor to execute the Railroadts form Contractor's Right of Entry Agreement Licensee acknowledges
receipt of a copy of the Contractorts Right of Entry Agreement and understanding of its terms, provisions,
and requirements, and will inform its contractor of the need to execute the Agreement Under no
Exhibit 4
circumstances will Licensee's contractor be allowed onto Licensoes premises without first executing the
Contractor's Right of Entry Agreement
Article V.
INSURANCE.
A. The Licensee, at its expense, shall obtain the insurance described in Exhibit C, hereto
attached~ The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder
No. 02385-54, issued by its insurance carrier confirming the existence of such insurance and that the
policy or policies contain the following endorseme~t:
UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect
to all liabilities arising out of the existence, use or any work performed on or associated
with the tpipelinef located on Railroad right-of-way at Mile Post 723~02, on the Choctaw
Subdivision, at or near Denton, Denton County, Texas.
B~ If the Licensee named in this Agreement is a public entity subject to any applicable
statutory tort laws, the limits of insurance described in Exhibit C shall be the limits the Licensee
then has in effect or which is required by applicable current or subsequent law, whichever is
greater, a portion of which may be self-insured with the consent and approval of the Licensor
c~ All insurance correspondence shall be directed to:
Tom Judkins
Folder No. 02385-54
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street STOP 1690
Omaha, NE 68179-1690
Article VI.
TERM.
This Agreement shall take effect as of the Effective Date first herein written and shall continue in
full force and effect until terminated as herein provided.
IN WITNESS WHEREOF, the parties h'ereto have caused this Agreement to be executed as of
the date first herein written~
UNION PACIFIC RAILROAD COMPANY
CITY OF DENTON, TEXAS
By:
By:
Senior Manager - Contracts
Title:
APPROVE!!..AS-TG--hEGA ORM:
EDWIN 1\1. SNYDER, CITY A TT Y
,CITY OF DENTON, TEXAS
_..~.
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 November 27,2006
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Presiding Officer convened into an Open Meeting, Monday, November 27,2006 at
7 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
8 Street, Denton, Texas.
9
10 Present: Chair Newell, Dick Smith, Bill Cheek, Randy Robinson and Bob Bland (arrived at
11 9:06 a.m.)
12
13 Ex Officio Members:
14 George Campbell, City Manager
15 Howard Martin, Assistant City Manager
16
17 Absent: John Baines, excused
18 Phil Gallivan, excused
19
20 OPEN MEETING:
21
22 CONSENT AGENDA:
23 The remaining Consent Agenda Items will be approved with one motion, a second, and by a
24 majority vote of the Public Utilities Board Members who are present.
25
26 1) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing
27 the expenditure of funds for payments by the City of Denton for electrical energy
28 transmission fees to the Lower Colorado River Authority (LCRA) for providing energy
29 transmission services to the City of Denton; and providing an effective date (File 3638-2006
30 Electrical Energy Transmission Fees-Lower Colorado River Authority in the total amount of
31 $142,906).
32
33 2) Consider recommending approval of the unit prices in Bid #3626 and awarding an annual
34 agreement for the purchase of pad mounted Automatic Throw Over (ATO) distribution
35 switchgear from HD Supply, Corinth, Texas, in the annual estimated expenditure amount of
36 $100,270.
37
38 4) Consider recommending adoption of an ordinance of the City of Denton approving a Pipeline
39 Crossing Agreement between the Union Pacific Railroad Company ("UPRR"), and the City
40 of Denton relating to the encroachment of a 16 inch water pipeline, crossing an existing
41 UPRR right-of-way at Mile Post 723.02 as part of the Meadows at Hickory Creek
42 development public improvements, located in the W. Roark Survey Abstract Number 1087,
43 City of Denton, Denton County, Texas.
44
45 5) Consider recommending approval of an Interlocal agreement to provide gas well inspection
46 services to the Town of Highland Village.
47
48 Board Member Dick Smith pulled item 3 for individual consideration.
49
50 Board Member Bill Cheek moved to approve Items 1, 2, 4 and 5 with a second from Board
51 Member Randy Robinson. The motion was approved for a vote of 5-0.
Exhibit 3
AGENDA INFORMATION SHEET
AGENDA DATE: December 12,2006
DEPARTMENT: Fire
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the
Mayor to execute an inter local ambulance agreement between the City of Denton and Denton
County for ambulance services; and declaring an effective date.
BACKGROUND
The inter local agreement for ambulance service between the City of Denton and Denton County
began in 1980 and provides for emergency medical service to Denton County within the
designated area (see map). Each year a new agreement and ordinance is presented to the Denton
City Council for the next fiscal year approving the fee the County will pay to the City of Denton
for service using a County-wide funding formula based on population served, number of
ambulance calls in the County area and the rural square miles in the County. The population and
mileage figures used are based on numbers obtained from the North Central Texas Council of
Governments.
This ongoing interlocal agreement is often delayed in the County's legal approval process, which
also includes review by the Denton County Fire Chiefs Association as well as approval by the
Commissioners Court as part of their budget process. After the City of Denton signs the
agreement, the County Commissioners take their official action. Even though the contract is
approved after its starting date, the agreement still remains effective from October 1, 2006 with
no reductions in revenues. Last year's contract was approved by the City Council on December
6,2005.
Denton County has budgeted $874,998 for ambulance funding in FY 2007 up from $800,000 in
2006. The total estimated fee of $117,717.69 as Denton's share is based on the funding formula
of33% for readiness; 33% for number of runs; and 33% for rural square miles with the following
estimated ratios:
1. A fixed readiness sum for a population of $100,950 based on $0.5403 per capita for an
estimated maximum amount of $54,539.18.
2. A sum of $391.4980 per ambulance run estimated to be 117 runs for an estimated
maximum amount of $45,805.26. This sum is based upon the number of runs made in the
County areas for fiscal year 2006.
3. A fixed sum of $542.5749 per rural square mile based on 32.02 rural miles in the agreed
operating territory for an estimated maximum amount of $1 7,373.25.
Agenda Information Sheet
December 12, 2006
Page 2
The City of Denton lost the Small City Ambulance contract with Krum in 2005/2006 and lost the
contract with Sanger beginning October 1, 2006. This resulted in a substantial loss of
population, calls and rural square miles compared to 2005/2006 as indicated in Table 1.
Denton County Ambulance Funding - 2004 to 2007
County Population 489,263 501,975 563,040 539,863
Denton Population 109,162 109,162 124,957 100,950
Denton's o~ of Total 22.3O~ 21.7O~ 22.1 o~ 18. 7O~
County Funding Formula Rate 0.5110 0.4848 0.4736 0.5403
County Readiness Funding Total $250,000 $243,333 $266,666 $291,666
Readiness Funding to Denton $55,778 $52,916 $59,181.91 $54,539.18
Total County Ambulance Runs 712 609 708 745
Denton Runs to County 275 104 235 117
Denton's o~ of Total 38.6O~ 17.1 o~ 33.2O~ 15. 7O~
County Funding Formula Rate $351.12 $399.56 $376.6469 $391.4980
County Runs Funding Total $250,000 $243,333 $266,666 $291,666
Runs Fundin to Denton $96,558.99 $41,554.40 $88,512.02 $45,805.26
Unincorporated Square Miles 551.79 550.79 570.79 537.56
Denton's Covered Square Miles 214.83 211 .83 157.77 32.02
Denton's o~ of Total 38.9O~ 38.5O~ 38.5O~ 6.1O~
County Funding Formula Rate $453.07 $441.79 $490.3796 $542.5749
Runs Funding Total $250,000 $243,333 $266,666 $291,666
Rural Square Miles Funding Total $97,335.22 $93,584.18 $73,708.18 $17,373.25
TOTAL COUNTY EMS FUNDING $750,000 $730,000 $800,000 $874,998
Table 1
OPTIONS
Approve ordinance amendment or deny ordinance amendment.
RECOMMENDATION
Staff recommends the adoption of the proposed ordinance and agreement.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
On December 6,2005, the City Council discussed the Ambulance Contract with Denton County
Program and gave Staff direction to continue the agreement for FY2005/2006 and approved the
agreement on December 6,2005.
Agenda Information Sheet
December 12, 2006
Page2
FISCAL INFORMATION
The estimated ambulance fee for the County is $117,717.69, which is a decrease from the last
contract amount of $221,402.12 due to reduced contracted services to Denton County in the
coming fiscal year. The City of Denton budgeted revenues of $175,000 for FY2006/2007 for
both the ambulance and fire contracts with the County. The Fire contract is estimated to be
$27,607.50 for a total County Ambulance and Fire contract amount of$145,325.19.
EXHIBITS
Ordinance
Agreement
District Map
Respectfully submitted:
~,,-. ",.
Jon Fortune
Assistant City Manager
Prepared by:
A
~
Ross Chadwick
Fire Chief
$: \Our Docmnents\Ordinances\06\ambulance agreement county.doc
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF" DENTON, TEXAS APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL" AMBULANCE
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTNE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
" SECTION 1. ""The City CoUncil of the City of Denton hereby approves an Agreement
between the City of Denton and Denton" County for ambulance" services, a copy of which is
attached hereto and incorporated by reference herein~ The Mayor, or in his absence, the Mayor
Pro Tern, is hereby authorized to execute this Agreement on" behalf of the City.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval~
PASSED AND APPROVED "this the
day of
, 2006.
PERRY R. MCNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~...K ~
7' ' , .
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'INTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICE .
THIS AGREEMENT is made and entered into this Ji!:'day of-,1J..t1dHJRA-.., 2006,
by and bet\veen Denton County, a political subdivision of the State of Texas, hereinafter referred
to as "COUNTY", and the City of Denton, a municipal corporation, located in Denton County,
Texas, h.ereinafter referred to as "AGENCY"..
W~EREAS, COUNTY is a duly organized political subdivision of the State of Texas
engaged in the administration of county government and related services for the benefit of the
citizens of Denton COWlty; and
WHEREAS, AGENCY is a municipal corpoF~~ion, dgly organized and operating under
. ~
the laws of the State of Texas and engaged in the provision of ambulance service and related
services for the benefit of the citizens of City of Denton; and
WHEREAS, AGE.NCY is an owner and operator of certain ambulance vehicles. and other
equipment designed for the transportation of persons who . are sick, .infirmed, orinjured and has
in its employ trained personnel- whose duties are related to the treatment of said individuals and .
the use of such vehicles arid equipm~nt; an9-
WHEREAS, COUNTY desires to obtain emergency ambulance and related services for
the benefit of residents of COUNTY living in unincorporated areas of COUNTY which
. AGENCY is capable of providing; and
WHEREAS, the provisio.n of emergency ambulance and. related services IS a
governmental function that serves the public health and welfare and is of mutual. cone em to both
COUNTYandAGENCY;md
WHEREAS, .C.OUNTY and AGENCY mutually desire to be subject to. and contract
pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act,
and Section 774.003, Health and Safety Code,
. NOW THEREFORE, COUNTY and AGENCY, in consideration of the mutual
promises, covenants, and Agreements stated herein, agree as follows:
I.
TERM
The term of this Agreem.ent shall be for the period of October 1 ~ 2006 to arid.. through
September 30, 2007.
2006-200.7 INTERLOCAL CO.OPERA TION AGRE~EM.ENT
AMB.ULANCE SERVICES City of Denton
. .
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II.
DEFINITIONS
As used herein, the words and phrases .hereinaft~r set forth shall have the meanings as
. .
follows:
A~ ftEmergency" shall mean any circumstance that calls for immediate action and in
which the element of time in transporting the sick, .wounded or injured for
medical treatment is essential to the health or life of a person or persons. Whether
an emergency, in fact, exists is solely.up to the discretion of the AGENCY~ .For
dispatch purposes only, "emergency'1 shall includ.e, but not be limited to:
1.. The .representat~on by the individual.reque.sting ambulance service that an ..
immediate need exists for the transportation of a person from any location
within the agreed.operating area.. ~fAGE~CY to a place where emergency
medical treatment may be obtained; or
2. The representation by.the individual requesting .ambulance service that an
immediate need. exists for the. transportation of a person from any location
within the agreed operating. area of AGENCY to the closest medical
fac ili ty;
B. "Rural areaU means. any area within the boundaries of COUNTY but outside the
corporate limits of all incorporated cities, towns and villages within COUNTY.
C. . "Urban are.a" means any area within the corporate limits of an incorporate.d city,
town or village within COUNTY.
D. . "Emergency ambulance call" means a response to a -request for ambulance service
by the personnel of AGENCY in a situation involving an emergency, as defined
above,. by an ambulance vehicle~ A single response to a call may involve the
transportation of more than one person at a time but shall h.e considered as only
one call. - .
III~
SERVICES
The services to be rendered under this Agreement are the ambulance services normally
rendered by AGENCY to citizens of City of Denton in circumstances of emergency but which
services will now be extended to all citizens of COUNTY residing in the unincorporated areas of
COUNTY within the operatin.g territory or jurisdiction of AGENCY as agreed to by AGENCY
and COUNTY in this .Agreement and as set forth in Exhibit A, attached hereto and incorporated
by reference.
It is recognized that the officers and employees of AGENCY have the duty and .
. responsibility of. rendering ambulance services to citizens of AGENCY and COUNTY. In the
2006-2007 INTERLOCAL COOPERATION. AGREEMENT
AMBULANCE SERVICES City of Denton
Page 2 .of 7
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perfonilance of these duties and. responsibilities, it shall be .within the sole responsibility and
discretion of the officers and employees of AGENCY to determine priorities in the dispatching
and Use of such equipment and personnel .and the judgment of the officer or employee shall be
final.
IV.
PERFORMANCE OF SERVICES
AGENCY shall devote sufficient time and attention to insure the perfonnance of all
duties and obligations of AGENCY under this and shall provide immediate and direct
supervision of the AGENCY employees, agents, contractors, sub-con~actors and/or laborers.
engaged in the performance of this Agreement for the mutual benefit of AGENCY and
" 0.':"';'" ~
COUNTY. .
v.
LIAISON OFFICER
COUNTY shall designate the COWlty Judge to act on behalf of COUNTY and to serve
as BLiaison Officer" between COUNTY and AGENCY. The County Judge or her designated
substitute shall devote sufficient tim.e and attention to insure the performance of all duties and
obligations of COUNTY under this Agreement and shall provide for the immediate and direct
supervision of employees, agents, contractors, sub-contractors and/or laborers of COUNTY
. .
engaged in the performance of this Agreement.
VI.
.COMPENSATION
COUNTY agrees to pay to AGENCY an estimated fee of $117,717.69 based on a ..
funding formula as follows:
1. A fixed readiness sum based on a .population percentage .5403 per capita; the
fixed readiness sum computes to $54,539.18..
2. The sum of $391.4980 per ambulance run for an estimated maximmn amoWlt of
$45,805.26. This swn..is based upon the number of runs made by AGENCY in .
fiscal year 2006..
3. A fixed sum based on 32.02 rural miles in the agreed operating territory; the fixed
mileage sum computes to $17,373.25.
The first and. third sums are based upon population and mileage. figures obtained from the North.
Central Texas Council of Governments. The see.ond sum is based upon the definition of an
ambulance call for purposes of this Agreement. Payment shall not be allowed for any instance in
. 2006-2007 INTERLOCAL.COOPERA TION AGREEMENT
A.M.BULANCE SERVICES CUy.ofDenton
Page 3 of 7
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which a patient is not transported. Consistent with the reporting procedures described below,
AGENCY shall receive payment for transporting the patient regardless of the service .delivery
area in which the call originated..
Requests for payment shall be submitted on the standardized ambulance transportation
reporting fami approved and provided. by COUNTY. It shall be.the responsibility of AGENCY
to fully complete the forms and to provide complete. and accurate .patient information. Requests
for payment shall be .submitted. within five (5) days of the performance of service by AGENCY.
Requests not timely submitted shall not be considered for payment. Requests for payment may
be submitted by personal delivery, U..S.. mail, facsimile, or computer telephone link to the office ..
of the Denton County Fire Marshal.. The date of submission shall be the date the fully
~ -
documented request is received in said office.
VII.
TERMINATION
This Agreement may be terminated at any time by either AGENCY or COUNTY giving
sixty (60) days advance notice in.writing to the other party. In the event of termination by either
party, AGENCY shall be compensated pro rata for all services p~rfonn.ed to termination date,
together with reimbursable expenses authorized .by this Agreement then due and owed~ Should
AGENCY be overcompensate~ on a pro rata basis for all services performed to the termination
date and/or be overcompensated for reimbursable expenses, COUNTY.shall be reimbursed pro
rata for all such overcomp.ensation~ Acceptanc.e of such reimbursement shall not constitute a
waiver of any claim that may otherwise arise out of this Agreement.
VIII. -
FINANCIAL RECORDS
AGENCY agrees to make its financial records available for audit an.d/or review by
COUNTY upon request by COUNTY.
IX.
RESPONSIBILITY OF COUNTY
COUNTY, to the extent allowed by law, shall be responsible for the acts and negligence
of all officers, employees and agents of COUNTY engaged in the performance of this
Agreement
.. 2006-2007 INTERLOCAL COOPERATION AGR.EEMENT
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. Page 4,..rif 7
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x.
RESPONSIBILITY OF AGENCY
AGENCY, to the extent .allqwed by law,.shall be responsible forthe acts and. negligence
of all officers, employees and agents of AGENCY engaged in the performance of this
Agreement.
XI.
DEFAU.L T
In the event of any default in any of the covenants herein contained, this Agreement may
be. terminated at the discretion of the non-defaulting party if such default continues for a period.
. of ten (10) days after notice in writing to the defaulting party of such default and the intention to
. . ....",..
declare this Agreement terminated. Unless the default is cured~.this Agreement shall terminate.
XII.
GOVERNMENTAL IMMUNIT.Y
The fact that COUNTY and AGENCY accept certain responsibilities. relating to the
rendering of ambulance services under this Agreement as. a part of their responsibility for
providing protection for the public h~alth .makes it imperative that the performance of these vital
services be. recognized as a .govermnental function and that the doctrine of goverrimental
immunity shall b.e, and is hereby, invoked to the extent possible under the. law~ ,Neither
AGENCY nor COUNTY waives ..nor.shall be deemed hereby to waive any immunity or defense
that would otherwise be available to it against claims arising from the exercise of goverrunental
powers and functions~
XIV~
ENTIRE AGREEMENT
This Agreement represents the entire and integrated Agreement between AGENCY an.d
COUNTY. and supersedes all prior negotiations, representations and/or Agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both
parties ~
XV..
LAW OF CONTRACT
This Agreement and any of its terms or provisions, as well as the rights and duties of the
parties. hereto, shall be governed by the laws of the State of Texas.
2006-2007 INTERLOCAL COOPERATION AGREEMENT .
AMBULANC.E S.ERVICES City of.Denton
.Page 5 of 7
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XVI.
SEVERABILITY
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent AGENCY and COUNTY that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XVII. -
AUTHORITY
The undersigned officer and/or agents of are the properly authorized officials and have
the necessary authority to execute this Agreement on behalf of AGENCY and COUNTY.
EXECUTED in duplicate originals, this the 11'f". day of ~~ ~/A -,. 2006.
COUNTY:
- AGENCY:
Denton County, Texas
110 West Hickory
Denton, Texas 76201
By:
Mary Horn
Denton County Judge
City of Denton
332 E. Hickory Street
::6;
Name George C.. Campbell
Title City Manager
Acting on behalf of and by
the authority of Denton County
Commissioners Court of Denton, Texas
Acting on behalf of and by the
authority of the City of Denton
ATTEST:
ATTEST:
BY:
BY:
Cynthia Mitchell
Denton County Clerk
Jennifer Walters
'City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL FORM:
Denton County Fire Marshal
BY:.~W!9Y-
~ Snyder / - --
City Attorney .
APPROVED AS TO FORM:
Assistant District Attorney
2006-20071NTERLOCAL COOPERATION AGREEMENT
AMBULANCE SERVICES City ofDentoD
Page 6 of. 7
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AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of $
accomplish and pay the obligation of Denton County under this contract~
to
James Wells, D'enton County Auditor
. ;.;.":..,..
2006-2007 INTERLOCA:~ COOPERA TION AG'REEMENT
AMB ULAN'CE SE-R VICES City of Den ton
Page 7 of .7'
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AGENDA INFORMATION SHEET
AGENDA DATE: December 12,2006
DEPARTMENT: Fire
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the
Mayor to execute an inter local fire protection agreement between the City of Denton and Denton
County for fire protection services; and declaring an effective date.
BACKGROUND
The inter local agreement for fire service between the City of Denton and Denton County
provides fire protection services by the Denton Fire Department to the County areas previously
served by the Mayhill-Cooper Creek Volunteer Fire Department and a small portion of the Lake
Cities Fire District now adjacent to the newly annexed City property in the southwest portion of
Teasely (FM 2181).
In 2003, Denton County requested that the City of Denton provide fire protection to the
designated area due to Mayhill-Cooper Creek's continuing lack of sufficient resources to provide
a proper response to fire calls. The County also requested in 2004 that the City respond to a
small area next to the new DISD high school on FM 2181 and Old Alton Road since the City of
Denton's response time to the area is much quicker than Lake Cities Fire Department.
This ongoing interlocal agreement is often delayed in the County's legal approval process, which
also includes review by the Denton County Fire Chiefs Association as well as approval by the
Commissioners Court as part of their budget process. After the City of Denton signs the
agreement, the County Commissioners take their official action. Even though the contract is
approved after its starting date, the agreement still remains effective from October 1, 2006 with
no reductions in revenues.
OPTIONS
Approve ordinance amendment or deny ordinance amendment.
RECOMMENDATION
Staff recommends the adoption of the proposed ordinance and agreement.
Agenda Information Sheet
December 12, 2006
Page 2
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
On December 6, 2005, the City Council discussed the Fire Contract with Denton County
Program and gave Staff direction to continue the agreement for FY2005/2006 and approved the
agreement on December 6,2005.
FISCAL INFORMATION
Denton County will pay the City $10,000 upon execution of the proposed agreement and
reimburse the City for each fire call at the rate of $368.10 per fire call which is the same per call
reimbursement used in 2006. The annual estimate for the reimbursement of fire calls is
$27,607.50 based on 75 runs in 2006. This is a decrease from the 2006 contract of $54,110.70
due to a reduced number of fire responses in the County area from 2005 (147 calls) to 2006 (75
calls). The City of Denton budgeted revenues of $175,000 for FY2006/2007 for both the
ambulance and fire contracts with the County. The Fire contract is estimated to be $117,717.69
for a total County Ambulance and Fire contract amount of$145,325.19.
EXHIBITS
Ordinance
Agreement
District Map
Respectfully submitted:
~,,-. ",.
Jon Fortune
Assistant City Manager
Prepared by:
/A~
-- ~
Ross Chadwick
Fire Chief
S :/Ouc documentslordioanceslO6\ti:re protection agreement county.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL FIRE PROTECTION
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR FIRE
PROTECTION SERVICES; AND DECLARING AN EFFECTIVE DATE".
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton hereby approves an Agreement
between the City of Denton and Denton County for fire protection" services, a copy of which is
attached hereto and incorporated by reference herein.. The Mayor, or in his absence, the Mayor
Pro Tern, is hereby authorized to execute this Agreement on behalf of the City..
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. ~NEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
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INTERLOCAL COOPERATION AGREEMENT
FIRE PROTECTION SERVICES
THIS AGREEMENT is made and entered into thisL1lf1d:.y of ~m i1J~
2006, by and between Denton County, a political subdivision of the State of Texas, hereinafter
referred to as "COUNTY" and the City of Denton, a municipal corporation, located in Denton
County, Texas, hereinafter referred to as "AGENcyn..
WHEREAS, COUNTY is a dilly organized political subdivision of the State of Texas
engaged in the administration of county government and related services for the benefit of the
citizens of Denton County; and
WHEREAS, AGENCY is a municipal corporation, duly organized and operating under
the laws of the State .of Texas and is engaged in the provision of fire protection services and
related services for the benefit of the citizens of Denton; and
WHEREAS, AGENCY is the owner and operator of certain fire protection vehicles and
. other equipment designed for the extinguishing of fire and prevention of damage to property and
injury to persons from fire and has in its employ trained personnel whose duties are related to the
use of such vehicles and equipment; and
WHEREAS, COUNTY and AGENCY mutually desire to be subject to and contract
pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act,
and Chapter 352 of the Local Government Code,
NOW, THEREFORE, COUNTY and A.GENCY, for the mutual promises, covenants,
Agreements and consideration stated.herein, agree as follows:.
I.
TERM
The term of this Agreement shall be for the period of October 11' 2006 to and
through September 3D, 2007.
II.
SERVICES
The services to be rendered in accordance with this Agreement by AGENCY are the fire
protection services normally rendered by AGENCY to citizens of Denton but which services
will. now be. extended to all citizens of COUNTY residing in the Unincorporated areas of
.COUNTY within the. operating territory or jurisdiction of AGENCY as agreed to by AGENCY
2006 - 2007 INTERLOCAL COOPERATIVE AGREEMENT
FIRE PROTECTION SERVICES - City of Denton
Page 1 of7
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and COUNTY in this Agreement and as set forth in Exhibit A. These services are rendered in
consideration of the basic funding and the separate per call fee set forth in this Agreement; for
the common good and benefit; and to serve the public convenience and necessity of the citizens
.of COUNTY who are not otherwise protected with respect to fire prevention, extinguishment,
safety, and rescue services.. The services to be rendered are as follows:
. A. AGENCY shall make available and provide emergency fire prevention,
extinguishment, safety and rescue services within the agreed or specified territory
or jurisdiction.ofthe AGENCY;
B. AGENCY shall respond to requests for fire protection services made within the
portion of the COUNTY designated as "Denton" as set out in Exhibit '~A"
attached hereto and incorporated by reference.
c. COUNTY agree.s that, in the event a fire in the AGENCY's unincorporated
designated area.which AGENCY considers to be of incendiary nature and upon
request by AGENCY, the County Fire Marshal will dispatch investigation
personnel to the fire scene within a response time sufficient to legally maintain
and protect all evidence of said fire and will conduct all appropriate investigation
and assist in the prosecution of any case of arson. AGENCY shall not be
responsible for investigations of suspected incendiary fires in the unincorporated
areas, but shall coope.rate with the County Fire Marshal in immediately relating
all pertinent information possible to the investigator(s)..
D. COUNTY agrees that the County Fire Marshal may. assist in the conduct of
appropriate investigations of a fIre which AGENCY considers to be of incendiary
nature in the AGENCY's incorporated designated area upon request by
AGENCY.
E. AGENCY shall submit monthly statements on the Texas .Fire Incident Reporting
System's standardized forms to the Denton County Fire Marshal, 9060 Teasley
Lane, Denton, Texas 7621.0-4010. This form will serve as the billing statement to
COUNTY for reimbursement of calls made in- the unincorporated designated
area. The Denton County Fire Marshal shall provide the forms upon request from
AGENCY.
F.. AGENCY, in the performance of its duties and responsibilities Wlder this
Agreement, shall have the responsibility, within the sole discretion of the officers
and employees of AGENCY except. as otherwise determined by the Denton
County Fire Marshal, to determine priorities in the dispatching and use of
AGENCY equipment and persolUlel, and the judgment of any such officer or
employee as to any such matter shall be the final determination~
2006 - 2007 INTERLOCAL COOPERATIVE AGREEMENT
FIRE PROTECTION SERVICES - City ofDentoD
Page 2 of7
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III.
LIASON OFFICER
COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve
as "Liaison Officer" between COUNTY and AGENCY. The County Judge or her designated
substitute shall devote sufficient time and attention to this Agreement to insure the performance
of all duties and obligations of COUNTY and .provide supervision of. COUNTY's employees,
agents, contractors, sub-contractors and/or laborers engaged in the performance of this
Agreement for the mutual ben~fit ofC.OUNTY and AGENCY.
IV..
PERFORMANCE OF SERVICE
AGENCY shall devote sufficient time and attention to insure the performance of all
duties and obligations of AGEN<:.Y under this Agreement and shall provide immediate and
direct supervision of the AGENCY employees, agents, contractors, sub~contractors and/or
laborers engaged in the performance of this Agreement for the mutual benefit of AGENCY and
. .COUNTY.
v.
COMPENSATIO.N
COUNTY agrees to pay to AGENCY for the full performance of services as provided in
this Agreement the sum of TEN THOUSAND AND NO/IOOTHS DOLLARS ($10,000.00),
payable upon execution of this Agreement, and the further sum of THREE HUNDRED SIXTY-
EIGHT AND to/IOOTH DOLLARS ($368.10) per fIfe call in the designated unincorporated
. areas of COUNTY from October I, 2006 to September 30, 2007. COUNTY anticipates
AGENCY to run ,approximately 75 fire calls for a total funding of$ 27,607.50 for fire calls. The
total of all payments by COUNTY to AGENCY pursuant to this Agreement is estimated to be $
37,607..50. COUNTY will make no payment to AGENCY for service provided outside the
agreed service district whether by mutual aid Agreement or otherwise. AGENCY understands
and agrees that payment by the COUNTY to AGENCY shall be made in accordance with the
normal and customary processes and business procedures of COUNTY and in conformance with
applicable state law..
2006 - 2007 INTERLOCAL CO OPERA TIVE AGREEMENT
FIRE PROTECfION SERVICES - City ofDentoD
Page 3 of7
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VI.
FINANCIAL RECORDS
AGENCY agrees to make available its financial records. for audit and/or review as may
requested or required by COUNTY..
VII~
RESPONSIBILITY OF COUNTY.
COUNTY, to the extent allowed by law, shall be responsible for the acts, negligence,
and/or omissions of all .offie.ers,. employees, and agents of COUNTY while engaged in the
performance of this Agreement.
VIII..
RESPONSIBILITY OF AGENCY
AGENCY, to the extent allowed by law, shall be responsible for the acts, negligence,
and/or omissions of all officers, employees, and agents of AGENCY while engaging in the
performance of this Agreement.
IX..
APPLICABLE LAW
COUNTY and AGENCY understand and agree that liability under this contract. is
governed by V.T.C.A. Government Code Chapter 791 and V.T.C,A. Local Government Code
Chapter 352. This Agreement is made in contemplation of the applicability of these laws to the
Agreement.. Insofar as legally possible COUNTY and AGENCY agree to be bound by the
above mentioned statutes as they exist as of the date of this Agreement~
x~
DEFAULT '
In the event of any .default in. any of the covenants herein contained, this Agreement may
be forfeited and terminated at either partyts discretion if such default continues for a period .of ten
(10) days after notice to the other party in writing of such default and intention to declare this
Agreement terminated~ Unless the default is cured as aforesaid, this Agreement shall terminate
as if that were the day originally fixed herein for the expiration of the Agreement..
2006 ~ 2007 INTERLOCAL COOPERATIVE AGREEMENT
FIRE PROTEcrJON SERVICES - City of Denton
Page 4 of7
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XI.
TERMINATION
This Agreement may be terminated any time, by either party giving sixty (60) days
advance written notice to. the other .party~ In the event of such termination by either party,
AGENCY shall be compensated pro rata for all. services performed to termination date, together
with reimbursable expenses then due and as authorized by this Agreement~ In the event of such
termination, should AGENCY be overcompensated on a pro rata basis for all services performed
to termination date, and/or be overcompensated reimbursable expenses as authorized by this
Agreement, COUNTY shall be reinlbursed.pro rata for all such overcompensation~ Acceptance
of suc.h reimbursement shall not constitute a waiver of.any claim that may otherwise arise out of
this Agreement~
XII.
GOVERNMENTAL IMMUNITY
The fact that COUNTY and AGENCY accept certain responsibilities relating to the
rendition of fire protection services under this Agreement as a part of their responsibility for
providing protection for the public health makes it imperative that the performance of these vital
services be. recognized as a governmental function and .that the doctrine of governmental
immunity shall be and it is hereby invoked to the extent possible under the law. Neither
AGENCY nor COUNTY waives nor shall be deemed hereby to waive, any immunity or defense
that would otherwise be available to. it against claims arising from the .exercise of government
powers and functions.
XIII..
ENTIRE AGREEMENT
This Agreement represents the entire and integrated Agreement between AGENCY and
COUNTY and supersedes all prior negotiations, representations and/or Agreements, either
written or oral~ This Agreement may be amended only by written instrument signed by both
AGENCY and COUNTY..
XN.
LAW OF CONTRACT
This Agreement and any of its terms and provision, as well as the rights and. duties of the
parties hereto, shall be governed by the laws of the State of Texas.
2006 - 2007 INTERLOCAL COOPERATIVE AGREEMENT
FIRE PROTECTION SERVICES - City of DentOD
Page 50f7
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xv.
SEVERABILITY
In the event that any portion.ofthis Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions shall remain valid and in full force and
effect to the extent possible.
XVI.
AUTHORITY
The undersigne.d officer and/or agents of the parties hereto are the properly authorized
officials. and have the necessary .authority to execute this Agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary resolutions extending said
authority have been duly passed and are now in full force and effect..
XVII.
SERVICE AREA
. Acceptance of this Agreement constitutes approval of the service area set out in attached
Exhibit t1 A" "
EXECUTED in duplicate originals, this the /.10- day of ~J~
2006.
Mary Horn
Denton County Judge
AGENCY
City of Denton
332 E. Hickory St..
::nt6: L '
Name George c. Camp bell
City iYianager
COUNTY
Denton County, Texas
11 0 West Hickory
Denton, Texas 76201
By
Acting on behalf of and by the
authority .ofDenton County
Commissioners Court of
Denton COlUlty, Texas..
Acting on behalf of and by the .
authority of the City of Denton
BY: .
Denton County Clerk
Cynthia Mitchell
BY:
ATTEST: .
2006 - 2007 INTERLOCAL COOPERATIVE AGREEMENT
FIRE PROTECTION SERVICES... City of DentoD
Page 6 of7
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APPROVED AS TO FORM:
APPROVED AS TO LEGAL FORM:
(
Assistant District Attorney
APPROVED AS TO CONTENT:
Denton County Fire Marshal
AUDITOR'.S CERTIFICATE
I hereby certify that funds are available in the amount of $
accomplish and pay the obligation of Denton County under this contract.
to
James Wells, Denton County Auditor
2006 - 2007 INTERLOCAL COOPERATIVE AGREEMENT
FIRE PROTECTION SERVICES - City of Denton
Page 7 of7
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AGENDA INFORMATION SHEET
AGENDA DATE:
December 12, 2006
DEP ARTMENT:
Engineering
Howard Martin, 8232 ..
ACM:
SUBJECT
Consider approval of an ordinance of the City of Denton, Texas, amending Chapter 18 of the
Code of Ordinances by amending Section 18-73 to establish speed zones on FM 1515/ Airport
Road, FM 1830/Country Club Road, and US 380/University Drive; altering the prima facie
speed limits established for vehicles under the provision of Transportation Code Section 545-356
upon these streets, within the incorporate limits of the City of Denton; providing a penalty not to
exceed $200.00 unless the violation occurs in a work zone and then the penalty shall not exceed
$400.00; providing a severability clause; providing a repealing clause; providing for publication;
and declaring an effective date. The Traffic Safety Commission recommends approval (6-0).
BACKGROUND
The Texas Department of Transportation (TxDOT) periodically performs speed limit studies on
all of its highways, including those in the City of Denton. Because it had been several years
since the last speed survey within the City, in the mid 1990's TxDOT resurveyed all of the
TxDOT roadways in the City and provided City staff with updated speed zone recommendations
for consideration and approval. The City staff and TxDOT did not always agree about the
proposed speed limits on various portions of roadways. In 2001, because of the prolonged
negotiations with City staff without resolution, TxDOT considered having the Texas
Transportation Commission pass a Minute Order as the means to establish the speed limits
without City involvement. Because of the possibility of a Minute Order by the Texas
Transportation Commission (approving what City staff believed were unacceptable speed limits),
the City renewed its effort to reestablish a relationship with TxDOT.
Beginning in the winter of 2002, and then over a four one-half (4~) year period TxDOT, at the
request of City staff, resurveyed a number of locations that resulted in TxDOT recommending
lower speeds, in some case, than those originally proposed for various portions of different
highways. As TXDOT and the City came to agreement on different roads, these speed limits
were provided for consideration to the Traffic Safety Commission for its advisory
recommendations to Council.
It should be noted that based upon new conditions in the future (completion of schools,
commercial or industrial areas, residential subdivisions, new City street connections, increased
driveway connections and the like) the City could request a new survey to be done at any time.
Therefore, the speed limits being recommended herein are for the condition as they are today and
not for any future situation.
The proposed ordinance will adopt speed limits on:
a) FMl515/Airport Road
b) FMl830/Country Club Rd
c) US380/University Drive
d) All state highways in the City of Denton.
Agenda Information Sheet
December 12, 2006
Page 2 of7
The State's Transportation Commission can establish a Minute Order (a state law) that would
invalidate any City ordinance of a speed limit posting that is contrary to those proposed by
TxDOT. The State can remove the City's posting and install signs reflecting the Minute Order.
Speed zones are typically established based on engineering investigations. The primary criterion
used in establishing a speed limit is the eighty-fifth percentile (85%) speed. This is established
by performing a speed study and calculating the speed at which the 85th% vehicle is traveling.
The 85% speed is the speed at which a prudent driver, given the type of street, will drive that
street under normal driving conditions. The courts have determined that the 85% is the primary
criteria by which a reasonable speed limit should be established. The speed limit is usually
rounded to the 5MPH increment that is just higher or lower than the 85% (unless the 85%
calculated is at a 5MPH increment). Other factors that can be considered in lowering a speed
limit are:
1. Roadway pavement width of 20ft or less,
2. Horizontal and vertical curves,
3. Hidden driveways and other roadside developments,
4. High driveway density,
5. A high crash history,
6. Substantial pedestrian activity,
7. Rural residential or development area, and
8. Lack of striped, improved shoulders.
The State of Texas considers the above list of factors as the means of establishing a speed limit
up to 10MPH (12MPH for locations with a crash rate higher than the statewide average) lower
than the 85%.
Speed limit studies are typically done when there are moderate volumes that are under generally
free-flow conditions. As such, speed limit studies typically do not include the AM or PM peak
periods, industrial plant let-out times, school hour drop-off/pick-up times or other such short-
term, potentially congested times. Speeds are generally lower during and because of the
congestion and therefore do not reflect the less restricted conditions the driver is under during
most of the day.
Previous Action(s)
1. On April 6th 2004, City Council passed ordinance 2004-103 for FM2181/Teasley Lane
speeds. This was done in advance of the other highways at the request of the police and as a
result of public concern about the speed limit on the southern portion of FM2181 /T easley
Lane. However, a part of this ordinance contained the section of FM2181/Teasley Lane in
front of Sam Houston Elementary School. The ordinance passed with this section being
45MPH (which was already the posted speed and confirmed by the most recent TxDOT
speed survey). TxDOT does not allow school zones on a TxDOT highway to be reduced by
more than 15MPH from the posted speed limit, when the posted speed limit is 50MPH or
less. As a result of the passage of the FM2181 /T easley Lane speed limit ordinance, TxDOT
changed the speed limit signs for Sam Houston Elementary School from 25MPH to 30MPH
Agenda Information Sheet
December 12, 2006
Page 3 of7
just before this school closed for the summer of 2004. TxDOT did not inform City staff of
this change until City staff observed it on the day that the signs were being replaced. As a
result, staff immediately started working with TxDOT to resurvey this area during the
summer of 2004. TxDOT indicated that they had no record of why, if the current posted
speed limit was 45MPH, that the school speed zone was posted at 25MPH (and therefore did
not conform to their maximum 15MPH school zone reduction standards). But, as their
current standards indicated a maximum of 15MPH differential, they raised the school zone
speed limit to conform. As a result of the City requested resurveys, TxDOT agreed to lower
the speed limit from 500 feet west of Pennsylvania Drive to Lillian Miller Parkway to
40MPH so that the speed limit could continue to be 25MPH in front of Sam Houston
Elementary School. At the request of the City, TxDOT also resurvey the area to the north
(Savannah Trail to 500 feet west of Pennsylvania Drive) and the new survey showed that the
speed limit should remain at the posted 45MPH.
2. At the City Council's January 5, 2005 workshop, staff was asked to work with TxDOT to get
a number of portions of different roadways resurveyed, including
a. The portion of Teasley Lane/FM2181 from Savannah Trail to 500 feet west of
Pennsylvania Drive (north of the Sam Houston Elementary School Zone).
b. The portion of Airport Road/FM1515 from Corbin Road to Masch Branch Road/Denton
Airport entrance
c. All of Country Club Drive/FMl830
d. The portion of University Drive/US380 from the westerly City limits to 900 feet west of
Cindy Lane
3. On June 21,2005, the City of Denton's City Council passed a speed limits ordinance for the
following highways:
I. FM 426/McKinney Avenue
II. FM 428/Sherman Drive
III. FM 1173
IV. FM 2164/N. Locust
V. IH-35E Frontage Road Northbound
VI. IH-35E Frontage Road Southbound
VII. IH-35N Frontage Road Northbound
VIII. IH-35N Frontage Road Southbound
IX. Loop 288
X. US 77/Dallas Drive
XI. US 77/Eagle Drive
XII. US 77/Elm Street
XIII. US 77/Locust Street
XIV. US 377/Ft. Worth Drive.
Agenda Information Sheet
December 12, 2006
Page 4 of7
4. On May 16,2006, the City of Denton's City Council passed a speed limits ordinance that
included all of those noted above for the June 21, 2005 ordinance plus:
xv. FM 2181/Teasley Lane
This highway was presented to City Council separately from the other three to be restudied.
This was because of delays with some of the others, noted later herein. But also because of
this highway's integral relationship with the passage of the newest school zone ordinance,
which included, among other items: the new Guyer High School reduced school speed zone;
and (because of the passage of this ordinance, the lowered speed limit in front of Sam
Houston Elementary and thus, the continuance of the 25MPH reduced school zone for Sam
Houston Elementary), both located on this highway.
5. As a result of the City Council work session of January 5,2005, staff requested TxDOT to
resurvey:
a. FMl515/Airport Road from Corbin Road to Masch Branch Road/Denton Airport's
entrance. City staff is in receipt of the resurvey done by TxDOT in a letter dated June 28,
2005, reaffirming the previous speed survey as follows:
Previous 85%
TxDOT study
New 85%
recommendations
FM1515/ Airport Rd
From Corbin Road to
Masch Branch Road/Denton Airport's entrance 55MPH
55MPH
b. FMl830/Country Club Road. A part of this resurvey was a request, by the City, for
TxDOT to include the newer area that the City had incorporated, which caused the City's
limits to be further south than TxDOT showed on their Speed Map. City staff is in
receipt of the resurvey with the revised Speed Map showing the new City limits and sent
to the City in a letter, by TxDOT, on July 6, 2006, reaffirming the previous speed survey
as follows:
Previous 85%
TxDOT study
New 85%
recommendations
All ofFMl830/Country Club Rd
From Ft. Worth Drive/US 377 to Sanders Road
From Sanders Road to the south City limits
45MPH
55MPH
45MPH
55MPH
c. US380/University Drive from the westerly City limits to 900 feet west of Cindy Lane.
City staff is in receipt of the resurvey done by TxDOT in a letter dated September 29,
2005, reaffirming the previous speed survey as follows:
Previous 85% New 85%
TxDOT study recommendations
US380/University Drive
From the westerly City limits
to 900 feet west of Cindy Lane
60MPH
60MPH
Agenda Information Sheet
December 12, 2006
Page 5 of7
The portion of University Drive/US380 from Elm Street to Loop 288 has been under
construction for about the last 1 ~ to 2 years, was essentially fully opened to traffic
around the beginning of 2006 but has been delayed (as of the end of September 2006) in
its acceptance by TxDOT as being complete. In the fall of 2005 staff felt that with the
expected imminence of completion of the construction and thus the opening of
US380/University Drive, from Elm Street to Loop288, that TxDOT would shortly
resurvey it. As such, staff did not proceed with TxDOT's recommendations of
September 29 2005, as noted above instead, waiting for the resurvey results of the newly
constructed portion in order to bring all the information forward at once.
On or a few days prior to August 1, 2006, TxDOT removed all of the temporary speed
limits signs on University Drive/US380 in the area between Elm Street/US77 and Loop
288 but, did not install any permanent signing. Upon realizing this, staff contacted
TxDOT to get some relief from the excessive speeds because of the lack of speed limit
signing. Only then did TxDOT initiated a speed study and thus provided the City with
the Speed Maps in a letter dated September 28, 2006, for the portion of:
A. University Drive/US380 from Locust Street to 550 feet east of Shawnee Street:
1. Under current ordinances, from Bell Avenue west, a speed limit of 30MPH is indicated
and from Bell Avenue east to 550 feet east of Shawnee Street a speed limit of 40MPH is
indicated,
2. The previous recommendation by TxDOT (prior to University Drive/US380 going under
construction) and then recommended by the Traffic Safety Commission was to be
35MPH in this section,
3. Because of the newest speed survey, as a result of the six (6) -lane constructions being
nearly complete and now open to traffic, per the letter dated September 28, 2006, TxDOT
recommended this section of the roadway to be 45MPH.
a. The Traffic Safety Commission met on October 9, 2006, at a specially called meeting,
to review the TxDOT recommendations of September 28, 2006 and recommended to
City Council that the 45MPH be accepted but, with the caveat that City staff work
with TxDOT to see if there could be a reduction from the 45MPH to something less
from Locust Street/US77 to some point to the east thereof and, if that could be done,
that the lesser speed for that portion of roadway is to be recommended to Council.
Upon review of the information provided by TxDOT, City staff asked TxDOT to
reconsider the potion of University Drive from Locust Street/US77 to Bell Avenue.
TxDOT did so, and revised their recommendation, for the section of University
Drive/US380 from Locust Street/US77 to Bell Avenue from 45MPH to 40MPH as of
an e-mail provided to City staff on September 10,2006. This revision is provided in
the recommendation to Council.
B. University Drive/US380 from 550 feet east of Shawnee Street to Loop 288
1. Under the current ordinance the speed limit is 45MPH,
Agenda Information Sheet
December 12, 2006
Page 6 of7
2. The previous recommendation by TxDOT (prior to University Drive/US380 going under
construction) and then recommended by the Traffic Safety Commission was to be
45MPH,
3. Because of the newest speed survey, as a result of the six (6) -lane constructions being
nearly complete but opened to traffic, per the letter dated September 28, 2006, TxDOT
recommended it be 45MPH. As this was the same speed limit as previously recommended
by the Traffic Safety Commission, there was no consideration in changing their
recommendation.
This report and the attached ordinance respond to the requests by City Council and
recommendations by TxDOT and the City's Traffic Safety Commission.
OPTIONS
1. Approve the ordinance
2. Approve the ordinance with conditions
3. Deny approval of the ordinance
RECOMMENDATION
Staff has worked with TXDOT over a period of many years. The passage of this ordinance will
complete all of the TxDOT highway speed limits that have been studied to date within the
corporate limits of the City of Denton. Staff recommends that in order to resolve any potential
timing/delay issues causing unwanted action by TxDOT and the State of Texas, that the entire
ordinance for all of the speed limits for the following roadway be established:
C. FM 1515/Airport Road (ATTACHMENTS A.I & B.I.)
1. 45 mph From IH-35E northbound frontage road to Corbin Road.
2. 55 mph From Corbin Road to Masch Branch Road.
D. FM 1830/Country Club Road (ATTACHMENTS A.II & B.II.)
1. 45 mph From Ft. Worth Drive/US 377 to Sanders Road.
2. 55 mph From Sanders Road to the southerly City limits.
E. US 380/University Drive (ATTACHMENTS A.III, B.III & B.IV.)
1. 60 mph From the westerly City limits to 900 feet west of Cindy Lane.
2. 55 mph From 900 feet west of Cindy Lane to the Burlington/Santa Fe Railroad
tracks.
3. 45 mph
4. 35 mph
5. 40 mph
6. 45 mph
7. 55 mph
8. 60 mph
From the Burlington/Santa Fe Railroad tracks to Bonnie Brae.
From Bonnie Brae to Locust Street/US77
From Locust Street/US377 to Bell Avenue.
From Bell Avenue to Mayhill Road.
From Mayhill Road to Riverside Drive.
From Riverside Drive to the easterly City limits.
Agenda Information Sheet
December 12, 2006
Page 7 of7
PRIOR ACTION/REVIEW
The Traffic Safety Commission was in a three-year (plus) review process in considering the
speed limit changes. On:
A. March 3,2003, they considered FMl515/Airport Road and voted approval unanimously to
recommend the speed limits to City Council.
B. September 9, 2002, they considered FMl830/Country Club Road and voted approval
unanimously to recommend the speed limits to City Council.
C. August 4,2003, they considered US380/University Drive and voted approval unanimously
to recommend the speed limits to City Council.
D. October 9,2006, at a specially called meeting, they reviewed the TxDOT recommendations
of September 28, 2006 and voted approval to recommend the speed limits to City Council in
that the 45MPH be accepted but, with the caveat that City staff work with TxDOT to see if
there could be a reduction from the 45MPH to something less from Locust Street/US77 to
some point to the east thereof and, if that could be done, that the lesser speed for that portion
of roadway is to be recommended to Council. TxDOT reconsidered the potion of
University Drive from Locust Street/US77 to Bell Avenue and in doing so, revised their
recommendation from 45MPH to 40MPH as of an e-mail provided to City staff on
September 10, 2006. This revision is provided in the recommendations to Council.
Applicable portions of the Traffic Safety Commission's minutes of these meetings are attached.
FISCAL INFORMATION
TxDOT will install or replace the necessary signing and posts at its expense.
ATTACHMENTS
A. Map of current and proposed speed limit conditions for:
A: I. FM 1515/Airport Road
A: II. FM 1830/Country Club Road
A: III. US 380/University Drive
B. Traffic Safety Commission minutes for:
B: I. FMl515/Airport Road for March 3,2003
B: II. FMl830/Country Club Road for September 9,2002
B: III. US380/University Drive for August 4, 2003
B: IV. US380/University Drive (from Locust Street/US77 to Loop288) for October 9, 2006
C. Ordinance
Prepared By:
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Traffic Engineer
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Director Water Wastewater Utilities
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ATTACHMENT B.I
Minutes
Traffic Safety Commission
March 3,2003
PRESENT: Harry Phillips, Connie Baker, Silvia Lesko, Lelia Howell, Georgianne Burlage, Geof Bissell, and
Chairman Barry Walters
STAFF: David Salmon, Staff Liaison
Bernard V okoun, Traffic Engineer
Ed Snyder, Deputy City Attorney
Pat Killebrew, Secretary
Chairman Walters called the meeting to order at 5:30 p.m.
ITEM #3:
REVIEW AND CONSIDER A REQUEST FROM TxDOT FOR THE POSTED SPEED
LIMIT FOR FM ISIS/AIRPORT ROAD
V okoun said the item is a speed limit study for Airport Road/FM 1515. This is one of the studies
taken back to TxDOT and asked them to re-study it. The original study had proposed a 55 mph
speed limit for the entire length of Airport Road. The current speed limit is 45 mph from Bonnie
Brae Street to just west of Corbin Road, and 55 mph from there to the end of Airport Road. The
new recommendation is 45 mph from Bonnie Brae Street to Corbin Road, and 55 mph from there
to the end. This is presented to the TSC for consideration and recommendation to City Council.
Staff recommends the TSC forward a recommendation to City Council that for FM1515/ Airvort
Road:
f!l A 45 mvh sveed limit be established from IH35E northbound frontaf!e road to Corbin Road
and,
Ql A 55 mvh sveed limit be established from Corbin Road to its end at the airvort's entrance
(also the intersection with Masch Branch Road.
Walters asked if a traffic study had been done for the area in front of Peterbilt. V okoun said not
for that specific area and there were no comments from Peterbilt that he was aware of. Walters
asked if Bissell was aware of any problems since he is out there every day. Bissell asked if the
only area being considered to change the speed was .05 miles by Corbin Road. V okoun said yes.
It makes it easier to write the speed limit ordinance if it is at a road and not some point in the
middle of the road. If the TSC agrees with this, it would go to City Council to make it official.
Bissell asked if there were any other industries on the other side of Tetra Pak. Vokoun said no.
Howell said there is just one building before the airport, but it is vacant now.
Walters asked if there was anyone speaking for or against the proposal. There was none and the
session was closed to the public.
Howell made a motion to accept staff's recommendationfor FM 1515/Airport Road. Burlage
seconded the motion. The motion passed unanimously.
The meeting adjourned at 6:23 p.m.
ATTACHMENT B.II
Minutes
Traffic Safety Commission
September 9,2002
PRESENT: Connie Baker, Silvia Lesko, Harry Phillips, Geof Bissell, Lelia Howell, Murray Ricks, and
Chairman Barry Walters
STAFF: David Salmon, Staff Liaison
Bernard V okoun, Traffic Engineer
Pat Killebrew, Secretary
Chairman Walters called the meeting to order at 5:30 PM.
ITEM #7:
REVIEW AND CONSIDER A REQUEST FROM TXDOT FOR THE POSTED SPEED
LIMIT FOR FM 1830/COUNTRY CLUB ROAD
V okoun said the State has performed speed surveys in this area. The posted speed limit is 40
mph from US377/Ft Worth Drive to 0.4 miles south ofUS377/Ft Worth Drive where the
speed goes up to 60 mph. TxDOT is proposing the speed limit be changed to 45 mph from
US377/Ft Worth Drive to Wintercreek Drive, and 55 mph from Wintercreek Drive to the
south City limits.
Staff recommends the Commission forward a recommendation to City Council that for FM
1830/Countrv Club Road, a 45 mph speed limit is established from US 377/Ft Worth Drive to
Wintercreek Drive, and a 55 mph speed limit be established from Wintercreek Drive to the
southerlv City limits.
Walters said the posted speed limit is 60 mph and the State wants to change it to 55 mph.
V okoun said correct. Bissell asked why the State wanted to raise the speed limit in front of a
residential area. Walters said people generally would decelerate coming into town and
accelerate going out of town. Salmon said TxDOT has gone to this area and measured the
speed people are actually driving. Bissell said the speed is not a safe speed especially at
night. Salmon said except for the very north end of the road, the State is proposing to lower
the speed limit, not raise it. Salmon said he wanted to remind the Commission that unless
staff can show a certain number of accidents occurred at a particular area, TxDOT won't
address the issue. Walters said when staff presents this to the Commission, why is the data
not presented with the report. Salmon said staff is still working with TxDOT on the areas
where they want to raise the speed limits and staff has data showing accidents occurred in
these areas. Staff is trying to get the State to re-evaluate those areas. The items presented
tonight are areas that do not have any data to support asking the State to keep the speed limits
lowered. There have not been enough accidents in these areas for the State to consider
keeping the lower speed limit versus their speed survey showing the 85th percentile speed
being driven during the survey.
Walters said it seems like the State is using a double standard. Using IH-35 from Denton to
Lewisville as an example, if the 85th percentile were used, the speed limit would be set at 85
mph. The State can't set the speed limit that high because the Federal government would take
away their funds. When a road is considered that the Federal government doesn't have any
control over, it's like the State uses a different standard. Salmon said TxDOT uses the 85th
percentile consistently, but on Federal highways, there is a limit of70 mph in rural areas, and
65 mph in urban areas. Probably about 90 percent of the TxDOT's decisions are based on the
85th percentile, but if staff can show sufficient data of accidents or another factor the State
didn't consider, they will reduce the speed limit below the 85th percentile. These are
segments of roads brought to the Commission tonight that staff has not been able to prove to
TxDOT differently than what they are proposing. Staff did not always agree with the speed
limits, but did not have enough data to get the State to change the proposed limits.
Walters asked where staff gets the data. V okoun said from police accident reports. Staff tells
the police which area they are looking at, and the police provide the accident data from each
area. Phillips asked if staff has the capacity to check the speeds. V okoun said the City could
perform speed studies. Phillips said maybe that's what the City needs to do. V okoun said
staff does not feel the City's figures would vary that much from the State's figures. Howell
asked if the State takes into consideration of the number of cars on the road, because traffic
has increased in this area over the past year. V okoun said the State looks at the 85th
percentile, which by standards and by the courts have been accepted as being a reasonable and
normal driving speed by a driver. The 85th percentile is looked as a normal person. A speed
survey is done of 125 vehicles, on an average day, typically Tuesday through Thursday,
during a non-peak, because of cuing problems. The study is done during off-peak periods.
The data is then assimilated and the 85th percentile is calculated, based on that data. Bissell
asked if the 85th percentile is above 65 mph, then what happens. V okoun said this is for non-
interstate roadways, such as farm roads, frontage roads, and farm-to-market roads. Bissell
said if the 85th percentile turns out to be 65, 70, 75 mph on a farm road, is this acceptable, is
there no upper limit? Vokoun said given the geometry and surrounding factors of the road, a
reasonable driver will drive the road at the speed they feel comfortable. One person's
definition of safety is different from another's. A "norm" has been established at the 85th
percentile. Salmon said because Denton is in an area called the "non-attainment area", due to
the pollution, Denton County cannot have a speed limit above 65 mph.
Lesko said she feels the State's report is fairly trustworthy even in terms of safety, because
they have reduced the speed limits in residential areas. She feels there has been a gain in
safety more than anything else for that section of road. Since the speed limit has been
lowered sometimes from 60 mph, she feels safety has been very much considered in these
reports.
V okoun said another factor to be brought up is that the courts consider the 85th percentile to
be the norm when writing tickets. The courts will consider an area a speed trap if someone
can show the posted speed is different than the 85th percentile by a reasonable speed that is
taken into consideration given the situation, which is why the State typically rounds down
from the 85th percentile and then looks at 5 miles less than that. For example, the 85th
percentile may be 67 mph and the State would round that down to 65 mph and then look at the
area to see if it would be reasonable to round it down further to 60 mph. The State couldn't
go much lower than 7 miles because it would fall into the speed trap definition. The courts
would then throw out any speeding tickets because there is an official speed limit study
available. The norm not only considers what is reasonable for the driver, but also what the
courts consider reasonable.
Ricks said if the Commission were to vote to reject the State's proposal, would they go ahead
with it anyway? V okoun said yes, TxDOT would take down any City signs, and put theirs up.
Phillips made a motion to accept TxDOT's request to establish a 45 mph speed limit/rom
US377/Ft Worth Drive to Wintercreek Drive and a 55 mph speed limit/rom Wintercreek
Drive to the City limits. Lesko seconded the motion. Baker, Lesko, Phillips, Bissell,
Howell, and Walters voted to approve the motion. Ricks voted against the motion. The
motion passed.
Howell made a motion to ask TxDOT to review this area again in six months. Ricks
seconded the motion. The motion passed unanimously.
The meeting adjourned at 6:42 PM.
ATTACHMENT B.III
Minutes
Traffic Safety Commission
August 4, 2003
PRESENT: Harry Phillips, Pat Cheek, Silvia Lesko, Connie Baker, GeofBissell, and Chairman Barry
Walters
STAFF: David Salmon, Staff Liaison
Bernard V okoun, Traffic Engineer
Charles Wiley, Chief of Police
Brian Blalock, Sergeant, Traffic Enforcement
Pat Killebrew, Secretary
Chairman Walters called the meeting to order at 5:30 p.m.
ITEM #3:
REVIEW AND CONSIDER A REQUEST FROM TXDOT FOR THE POSTED SPEED
LIMIT FOR UNIVERSITY DRIVE/US 380.
V okoun said he'd like to add to Sergeant Blalock's comments about the school crossings
being changed. The Police did not find out about them until July 15; Engineering didn't find
out until last week. A lot of the intersections, while they may be multiple stopped and/or
signaled; they did not have crosswalks painted or pedestrian push buttons installed. The
Traffic Department is working very hard to get them ready for the beginning of school.
V okoun said at the intersection of University Drive and Nottingham Drive, there is utility
work being done along University Drive and the contractor cut the loops at that intersection
and a few more. Rather than spend the money to repair the loops at present, it was decided to
add timing to the signals since the area is going to be under construction shortly.
Staffhas spent a lot of time with TxDOT reviewing the speed limits on University Drive.
Staff feels the limits requested are reasonable. At present, some of the areas do not have an
ordinance in effect to cover the limits posted. Some of the limits proposed were higher than
presently posted and staff was successful in getting TxDOT to reduce the limits in areas
where commercial development is already in progress. V okoun pointed out the various speed
limits in each section of University Drive.
Cheek said she travels University Drive often. She said no one goes the speed limit. Also
when the limit changes often, people don't always notice the change. She feels the limit
should not be changed to 30 mph, but should leave it at 35 mph. It would cause less
confusion. V okoun said staff s concern was the close proximity of the driveways in that area.
There is a lot of commercial activity in that area.
Walters asked when TxDOT is estimating the completion of construction of University Drive
from Loop 288 to 1-35. Vokoun said the current construction is from Loop 288 to Locust
Street. It was supposed to start last March, and has just started. It is a two year project, and
the bridge will be constructed first. Salmon said on the section between Locust Street and 1-
35, staff anticipated it beginning next year, but TxDOT may have put that off a year or two.
Once it's started, it will probably be another two year time frame.
Vokoun said construction on Loop 288 from 1-35 to University Drive should begin in January
2004. Walters asked when the detour around the bridge on Loop 288 at Target would begin.
V okoun said it is almost ready now and then the bridge would be torn out. Walters said it will
be a big headache when Denton Crossing opens. V okoun said Spencer Lane is closed right
now for utility work at Denton Crossing, but the City will keep it closed and begin work
widening Spencer Lane in a couple of weeks. It will be closed about a year.
V okoun asked if there were any other questions about the speed limits on University Drive.
Bissell said he agrees that the limits should be 35 mph and not 30 mph. Phillips said he
agrees also. Vokoun said based on the Commission's recommendation, the 35 mph would be
put into the ordinance for City Council to review.
Staff recommends that the Trafjic Safety Commission forward a recommendation to the City
Council that for University Drive/US 380:
a) 60 MP H from the westerlv City limits to 400 feet west of Cindv Lane
b) 55 MPH from 400 feet west ofCindv Lane to the Burlinf!ton/Santa Fe Railroad tracks
c) 45 MP H from the Burlinf!ton/Santa Fe Railroad tracks to Bonnie Brae Street
d) 35 MPHfrom Bonnie Brae Street to Shawnee Street
e) 45 MPHfrom Shawnee Street to Mavhill Road
j) 55 MPH from Mavhill Road to Riverside Drive, and
g) 60 MP H from Riverside Drive to the easterlv City limits
Cheek made a motion to accept staff's recommendationfor University Drive/US 380,
changing the 30 MPH to 35 MPH. Lesko seconded the motion. The motion passed
unanimously.
V okoun told the Commission he had received a new street study from TxDOT to address the
speed limits - 1-35. V okoun hopes to have it ready for our next meeting. He also has to write
up the US 77 speed study. That one will be a large write up due to the many streets involved.
The speed studies should be finished by the end of the year.
The meeting adjourned at 6:33 p.m.
ATTACHMENT B.IV
DRAFT MINUTES
TRAFFIC SAFETY COMMISSION
October 9, 2006
After determining that a quorum of the Traffic Safety Commission of the City of Denton, Texas was present,
the Chair of the Traffic Safety Commission convened into an Open Meeting on Monday, October 9,2006 at
5:30 p.m. in the Council Chambers, City of Denton City Hall, 215 E. McKinney Street, Denton, Texas.
Present:
Chair Sawko, Lelia Howell, Linda Brown, Harry Phillips, Michael Kozak, Charles
Guarnaccia and Andy Shelton
Absent:
Pat Cheek
Murray Ricks
OPEN MEETING:
1) Review and consider a recommendation to the City Council concerning the speed limits
on University Drive/US 380 from Locust Street to 550 feet east of Shawnee Street.
Bud V okoun provided an overview of this item indicating that the City was at a contentious place right now
in that TxDOT sometime prior to August 1, 2006, removed all temporary speed limit signs on University
Drive in the area between Elm Street and Loop 288, but did not install any permanent signing. The purpose
of this item was to make a recommendation to the City Council concerning speed limits from Locust Street
to 550 feet east of Shawnee.
Vokoun also provided an alternate recommendation for the Commission to consider and/or amend if they so
desired. That recommendation being "that the speed limit on US 380/University Drive from Locust Street
to 500 feet east of Shawnee Street be 45MPH unless, by the time this recommendation is presented to the
City Council, TxDOT has reconsidered and proposed a lesser speed limit for all or some part thereof, then
the Traffic Safety Commission recommends said lesser speed limit for said portion".
After a discussion by the Board expressing concern with a speed limit of 45MPH from Bell Avenue to
Locust Street, Board Member Lelia Howell made the recommendation that the speed limit on US 380 be no
less than between Locust and Bell Avenue and set at a speed lower than 45MPH with a second from Board
Member Charles Guarnaccia.
Vokoun responded that the problem with Howell's recommendation was that it was very specific and if
TxDOT does not come back with that specific limit, then it would become a bartering session with TxDOT
having the final say. V okoun explained that a breakthrough in negotiations with TxDOT had occurred in
that that it had conceded the 10-mile an hour request, which in the past five years was unheard of. V okoun
believed that TxDOT was very much attuned to the fact that a prior study identifies speed limits from Bell to
Locust. That was a very appropriate to place to break, but without more information from TxDOT, should
the recommendation not be what they recommend, then a delay could occur and could necessitate brining it
back to Commission before sending it to the City Council for approval.
Chair Sawko opened the discussion for the amendment only. Howell commented that this would be the
second time that TxDOT had looked at lowering limits at the request of the Commission for a specific area.
The Chair stated that he was of the opinion that the Commission should recommend Vokoun's original
option in that V okoun was in tune with what TxDOT was willing to do. A different recommendation could
spawn an additional study and slow the process altogether.
The Chair called for a vote on the recommendation on the proposed amendment made with Howell being the
only aye vote.
The Chair declared the amendment failed and asked if was any additional discussion on the original
proposal. Hearing no discussion, the Chair called for a vote on the original proposal. The recommendation
was passed by a 6-0 vote.
The meeting was adjourned by consensus at 6: 18 p.m.
s: \Our Documents\Ordinances\06\speed zonesFirstApproved. doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 18 OF
THE CODE OF ORDINANCES BY AMENDING SECTION 18-73 TO ESTABLISH SPEED
ZONES ON FM I5I5/AIRPORT ROAD, FM I830/COUNTRY CLUB ROAD, AND US
380/UNIVERSITY DRIVE; ALTERING THE PRIMA FACIE SPEED LIMITS
ESTABLISHED FOR VEHICLES UNDER THE PROVISION OF TRANSPORTATION
CODE, SECTION 545.356 UPON THESE STREETS, WITHIN THE INCORPORATE LIMITS
OF THE CITY OF DENTON; PROVIDING A PENALTY NOT TO EXCEED $200.00
UNLESS THE VIOLATION OCCURS IN A WORK ZONE AND THEN THE PENALTY
SHALL NOT EXCEED $400.00; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, Section 545.356 of the Texas Transportation Code provides that whenever
the governing body of the City shall determine upon the basis of an engineering and traffic
investigation that any prima facie speed therein set forth is greater or less than is reasonable or
safe under the conditions found to exist at any intersection or other place or upon any part of a
street or highway within the City, taking into consideration the width and condition of the
pavement and other circumstances on such portion of said street or highway, as well as the usual
traffic thereon, said governing body may determine and declare a reasonable and safe prima facie
speed limit thereat or thereon by the passage of an ordinance, which shall be effective when
appropriate signs giving notice thereof are erected at such intersection or other place or part of
the street or highway; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 18 "Motor Vehicles and Traffic" of the Code of Ordinances of
Denton, Texas is hereby amended by adding speed regulations to Section 18-73 regulating the
speed of vehicles on FM I5I5/Airport Road, FM I830/Country Club Road, and US
380/University Drive. Section 18-73 shall read as follows:
Sec. 18-73. Speed limits on certain roads and highways.
Upon the basis of an engineering and traffic investigation heretofore made as authorized by the
provisions of Transportation Code, Section 545.356, the following prima facie speed limits
hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe;
and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon
the named streets and highways, or parts thereof, described as follows:
I. FM 426/McKinney Avenue
A. 30 mph
From Locust Street/US 77 to Mack Drive.
B. 45 mph
From Mack Drive to Glengary Drive.
C. 55 mph
From Glengary Drive to the south/easterly city limits.
ATTACHMENT C
s: \Our Documents\Ordinances\06\speed zonesFirstApproved. doc
II. FM 428/Sherman Drive
A. 35 mph
B. 45 mph
C. 55 mph
III. FM 1173
A. 60 mph
From Elm Street/US 77 to Monterrey Drive.
From Monterrey Drive to Long Road.
From Long Road to the north/easterly city limits.
From the IH-35 southbound frontage road to the westerly city
limits.
IV. FM 1S1S/Airport Road
A. 45 mph
B. 55 mph
From IH-35E northbound frontage road to Corbin Road.
From Corbin Road to Masch Branch Road.
V. FM 1830/Country Club Road
A. 45 mph
B. 55 mph
From Ft. Worth Drive/US 377 to Sanders Road.
From Sanders Road to the southerly city limits.
VI. FM 2164/N. Locust
A. 45 mph
B. 60 mph
From N. Locust Street/US 77 to Loop 288.
From Loop 288 to the northerly city limits.
VII. FM 2181/Teasley Lane
A. 35 mph
B. 45 mph
C. 40 mph
D. 50 mph
From Dallas Drive/US 77 to Savannah Trail.
From Savannah Trail to 500 feet west of Pennsylvania Drive.
From 500 feet west of Pennsylvania Drive to Lillian Miller
Parkway.
From Wind River Lane to the south/easterly city limits.
VIII. IH-3SE Frontage Road Northbound
A. 50 mph
From the southerly city limits to Loop 288.
Page 2 of5
ATTACHMENT C
s: \Our Documents\Ordinances\06\speed zonesFirstApproved. doc
B. 45 mph
From Loop 288 to Oak Street.
IX. IH-35E Frontage Road Southbound
A. 45 mph
B. 50 mph
From Oak Street to Lillian Miller Parkway.
From Lillian Miller Parkway to the southerly city limits.
X. IH-35 Frontage Road Northbound
A. 50 mph
B. 55 mph
From Oak Street to Elm Street/US 77.
From Elm Street/US 77 to the northerly city limits.
XI. IH-35 Frontage Road Southbound
A. 55 mph
B. 50 mph
XII. Loop 288
A. 35 mph
B. 50 mph
c. 60 mph
XIII. US 77/Dallas Drive
A. 45 mph
B. 35 mph
C. 30 mph
XIV. US 77/Eagle Drive
A. 30 mph
XV. US 77/Elm Street
A. 55 mph
B. 45 mph
From the northerly city limits to Elm Street/US 77.
From Elm Street/US 77 to Oak Street.
From IH-35E southbound main lanes to Morse Street.
From Morse Street to University Drive/US 380.
From University Drive/US 380 to IH-35.
From IH-35E southbound main-lanes entrance ramp to Teasley
Lane/FM 2181.
From Teasley Lane/FM 2181 to Smith Street.
From Smith Street to Eagle Drive/US 77 /Bell Avenue.
From Dallas Drive/US 77 /Bell Avenue to Elm Street/US 77.
From the IH-35N southbound frontage road to Donna Road.
From Donna Road to FM 2164.
Page 3 of5
ATTACHMENT C
s: \Our Documents\Ordinances\06\speed zonesFirstApproved. doc
C. 35 mph
D. 30 mph
From FM 2164 to Sherman Drive/FM 428.
From Sherman Drive/FM 428 to Eagle Drive/US 77.
XVI. US 77/Locust Street
A. 30 mph
B. 35 mph
From Eagle Drive/US 77 to Sherman Drive/FM 428.
From Sherman Drive/FM 428 to Elm Street.
XVII. US 377/Ft. Worth Drive
A. 35 mph
B. 45 mph
C. 50 mph
D. 60 mph
From Eagle Drive/US77 to Lindsey Street.
From Lindsey Street to 200 feet south of the T &P Railroad
overpass.
From 200 feet south of the T &P Railroad overpass to Country
Club Drive/FM 1830.
From Country Club Drive/FM 1830 to the south/westerly city
limits.
XVIII. US 380/University Drive
A. 60 mph
B. 55 mph
C. 45 mph
D. 35 mph
E. 40 mph
F. 45 mph
G. 55 mph
H. 60 mph
From the westerly city limits to 900 feet west of Cindy Lane.
From 900 feet west of Cindy Lane to the Burlington/Santa Fe
Railroad tracks.
From the Burlington/Santa Fe Railroad tracks to Bonnie Brae.
From Bonnie Brae to Locust Street/US 77.
From Locust Street/US 77 to Bell Avenue.
From Bell Avenue to Loop 288 northbound ramp.
From Loop 288 northbound ramp to Riverside Drive.
From Riverside Drive to the easterly city limits.
SECTION 2. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not to exceed Two Hundred Dollars ($200.00), unless the violation
occurs in a work zone and then the penalty shall not exceed Four Hundred Dollars ($400.00).
Page 4 of5
ATTACHMENT C
s: \Our Documents\Ordinances\06\speed zonesFirstApproved. doc
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, the City Council of the City of Denton, Texas, hereby declares that they would
have enacted such remaining portions despite any such invalidity.
SECTION 4. All provisions of the ordinances of the City of Denton in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the
City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force
and effect.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage or the date that speed limit signs are posted giving notice of the speed limit whichever is
later, and the City Secretary is hereby directed to cause the caption of this ordinance to be published
twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within
ten (10) days of the date of its passage.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
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Page 5 of5
ATTACHMENT C
AGENDA INFORMATION SHEET
AGENDA DATE: December 12,2006
DEPARTMENT: Police
ACM:
Jon Fortune
ff
SUBJECT
An ordinance of the City of Denton, Texas amending the provisions of Chapter 6 relating to
animals by amending Section 6-2 to include bats in the definition of prohibited animals and
include a definition for tethering; by amending Section 6-6 to provide that the animal shelter
employee shall work for the city of Denton animal shelter; by amending Section 6-8 to place
limitations on tethering animals; by amending Sections 6-13, 6-14 and 6-17 to reflect
changes in state law regarding rabies vaccination requirements; by amending Section 6-14 to
waive registration fees for animals which are sterilized and microchipped; by amending
Section 6-16 to reduce the holding period for protective custody impounds from 7 days to
ninety-six (96) hours; by amending Section 6-30 to allow for impoundment of prohibited
animals and to establish time frames for redemption or disposition of the prohibited animal;
providing for a severability clause; providing a repealer clause; providing a savings clause;
providing for a penalty not to exceed $500 for violations of this ordinance; and providing for
an effective date.
BACKGROUND
At the October 10, 2006, City Council work session, Staff presented a series of proposed
ordinance changes regarding Animal Services. Following the presentation and discussion,
Council directed staff to bring the majority of the proposed revisions back for Council
approval. The proposals for prohibiting animal auctions and the issue of expanding the
authority of the Animal Shelter Advisory Board are still being explored by staff. A brief
synopsis of the revisions is listed below. Attachment 1 provides a matrix of these changes.
Animal Shelter Advisory Board
This revision would amend the residency requirements for the veterinarian appointed to the
Animal Shelter Advisory Board so that the veterinarian must either reside within the city
limits or have an established veterinarian practice within the city limits. The revision would
also eliminate the residency requirement for the Animal shelter employee that is appointed to
the Advisory Board.
Restraining Animals - Use of Tethers
This amendment to the ordinance would require the owner or person in care, custody or
control of a dog to use a proper tie-out for dogs if they will be secured in that manner. A
proper tie-out for a dog involves the use of a sufficient length tether (10'), attached to swivels
at both ends, secured to the dog by properly fitted collar or harness, and attached to a pulley
1
or trolley mounted cable that is not more than 7 feet off of the ground. This set up allows the
dog the freedom to move while not becoming tangled in the line. The tether or tie out should
not weigh more than 1/8 of the dog's body weight. The tie-out should provide the dog with
easy access to food, water, shelter, and sufficient room to exercise.
Finally, this ordinance would require that any type of tie out or tether be restricted to use only
inside a fenced area. This is necessary to prevent people from easily approaching a tethered
dog. People often mistakenly assume that a tethered dog is friendly. Given the research on
tethering, this amendment is necessary to further protect the general public.
Rabies Vaccinations
This amendment to the wording in the current ordinances would require the owner of a dog,
cat, or ferret to provide proof of current and valid rabies vaccinations, where applicable, as
certified by a licensed veterinarian. This would eliminate any reference to a set timeframe
and leave that determination to the licensed veterinarian.
Protective Custody
This revision would reduce the amount of time an animal is held at the shelter in a protective
custody case. Currently, these animals are held for 7 days, where they cannot be adopted or
transferred to rescue organizations. This change does not affect the holding times for animals
that are picked up as strays.
Prohibited Animals
This amendment would add bats to the list of animals that are prohibited to own or possess
within the city limits. It would also provide authorization for Animal Services Officers to
impound any animal listed in the prohibited animal definition until the owner can make
arrangements to relocate the animal outside the city limits.
Registration of Animals
This amendment would eliminate the fee for annual registration of micro chipped animals.
This change should serve to encourage micro chipping, thus increasing the likelihood that
stray animals that are picked up can be returned to their home. The amendment would also
increase the annual registration fee for keeping an animal that has not been sterilized. The
intent is to help reduce the animal overpopulation by increasing spaying and neutering. This
amendment to the fee ordinance would increase the annual "intact" fee from $1 0.00 to
$25.00.
2
OPTIONS
1. Council can adopt the ordinance as written.
2. Council can direct staff to make revisions or amend the ordinance and present it
for future consideration.
3. Council can reject the proposed ordinance.
RECOMMENDATION
Staff recommends Council adopt the ordinance as written.
PRIOR ACTION/REVIEW
October 10,2006 City Council Work Session
FISCAL IMPACT
These revisions should have no negative fiscal impact.
Respectfully submitted,
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Scott Langford
Interim Chief of Police
Prepared by:
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S:\Our Documents\Ordinances\06\Chapter 6 Amended Animal Ordinance 2006.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS
OF CHAPTER 6 RELATING TO ANIMALS BY AMENDING SECTION 6-2 TO INCLUDE
BA TS IN THE DEFINITION OF PROHIBITED ANIMALS AND INCLUDE A DEFINITION
FOR TETHERING; BY AMENDING SECTION 6-6 TO PROVIDE THAT THE ANIMAL
SHELTER EMPLOYEE SHALL WORK FOR THE CITY OF DENTON ANIMAL SHELTER;
BY AMENDING SECTION 6-8 TO PLACE LIMITATIONS ON TETHERING ANIMALS;
BY AMENDING SECTIONS 6-13, 6-14 AND 6-17 TO REFLECT CHANGES IN STATE
LAW REGARDING RABIES VACCINATION REQUIREMENTS; BY AMENDING
SECTION 6-14 TO WAIVE REGISTRATION FEES FOR ANIMALS WHICH ARE
STERILIZED AND MICROCHIPPED; BY AMENDING SECTION 6-16 TO REDUCE THE
HOLDING PERIOD FOR PROTECTIVE CUSTODY IMPOUNDS FROM 7 DAYS TO
NINETY-SIX (96) HOURS; BY AMENDING SECTION 6-30 TO ALLOW FOR
IMPOUNDMENT OF PROHIBITED ANIMALS AND TO ESTABLISH TIME FRAMES FOR
REDEMPTION OR DISPOSITION OF THE PROHIBITED ANIMAL; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A PENAL TY NOT TO EXCEED $500 FOR
VIOLA TIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and
the same is hereby amended by amending Section 6-2 "Definitions" to add bats to the definition
of prohibited animal and to add a definition for tethering. Section 6-2 shall read as follows:
Sec. 6-2. Definitions
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meanIng.
Abandon means to leave without human supervision, unattended, and without adequate
provisions, for an unspecified amount of time.
Animal means all living creatures, excluding human beings, and where applicable
includes birds, fish, mammals, and reptiles.
Animal control officer means the person employed by the city to represent and act for the
city in the impoundment of animals, controlling of stray animals, enforcement of this chapter and
applicable state regulations, and as otherwise authorized herein.
Animal control center or shelter means a city-operated or designated facility for the
impounding and caring of animals held under the authority of this chapter.
Animal waste means feces, urine, litter, bedding, spoiled food, or other animal matter
that causes foul odors, attracts vermin or encourages their reproduction.
S:\Our Documents\Ordinances\06\Chapter 6 Amended Animal Ordinance 2006.doc
At large or running at large means an animal not kept within an enclosure or fenced area
or restrained by a leash of sufficient strength and length to control the actions of said animal.
Building means any structure or enclosure intended for use or occupation as a habitation
or for some purpose of trade, manufacture, ornament or use.
Cat means an animal of the feline species, both male and female.
Circus or carnival means a commercial variety show featuring animal acts for public
entertainment.
City means the City of Denton, Texas.
Commercial kennel means any premise wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee or selling dogs and cats.
Dangerous animal means a dog that makes an unprovoked attack on a person, or a
domestic animal, that causes bodily injury.
Dog means an animal of the canine species, both male and female.
Domestic animal means all species of animals commonly and universally accepted as
being domesticated.
Equestrian developments means residential developments which are designed to
accommodate equestrian activities and which provide such facilities as community stables, riding
rings, pastures, and riding trails. In addition, private stables may be located on individual
residential lots.
Estray means any stray livestock.
Ferret means a domesticated animal of the putorious family, both male and female.
Fowl means any species of feathered animals which are normally suited for, or kept or
used on, a farm, a ranch, or similar setting for agricultural purposes such as food or food
production, animal husbandry, and production of clothing material, commerce, or other similar
purpose, regardless of age, breed, or sex, unless stated herein, or determined by the animal
control officer. The following and similar species shall be considered to be fowl regardless of
age, breed, or sex, unless otherwise stated herein or determined by the animal control officer:
chickens, ducks, game hens, geese, guineas, peafowl, pheasant, quail, swans, and turkey.
Habitation means a structure that is adapted for the overnight accommodation of
persons.
Harbor means the act of keeping and or caring for an animal or of providing premises to
which the animal returns for food, shelter, or care, for a period of at least three days, or
protection from impoundment.
Hybrid means the offspring of two animals of different species.
Livestock means any species of animals which are normally suited for, or are kept or
used on, a farm, ranch or similar setting for agricultural purposes such as animal husbandry, food
or food production, production of fiber or clothing material, riding, driving, pulling, hauling,
commerce, or similar purpose. For purposes of this chapter, the following or similar species of
Page 2 of9
S:\Our Documents\Ordinances\06\Chapter 6 Amended Animal Ordinance 2006.doc
animals shall be considered to be livestock, regardless of age, breed, or sex, unless otherwise
stated herein or determined by the animal control officer: bovine, equine, goats, sheep, swine.
Owner means any person owning, keeping or having custody or control of, or who has
primary responsibility for the care of, or right of property in, an animal.
Police canine means any dog trained or being trained for law enforcement purposes,
which is under the care, custody, and control of a law enforcement officer.
Possession means actual care, custody, control or management of an animal.
Premises means any parcel of land that is owned, leased, or otherwise controlled by a
person.
Prohibited animal means any species of animals whose sale, display, or possession
within the city limits is unlawful. The following or similar species of animals, including their
hybrids, shall be considered prohibited:
(1) Class Reptilia. Family Helodermatidea (the venomous lizards); family
Viperidae (rattlesnakes, pit vipers and true vipers); family Elapidae (coral
snakes, cobras and mambas); family Colubridae--Dispholidus typuss
(boomsland), Cyclagras gigas (water cobra) and Bioga dendrophila
(mangrove snake) only; order Phidia (racers, boas, water snakes and
pythons); order Crocodilia (crocodiles, alligators, caimans and gavials);
(2) Class Aves. Subdivision Ratitae (such as ostriches, rheas, cassowaries and
emus );
(3) Class Mammalia. Order Chiroptera, including bats; Order Carnivora,
family Felidae (such as ocelots, margays, tigers, jaguars, leopards and
cougars), except commonly accepted domesticated cats; family Canidae
(such as wolves, dingos, coyotes and jackals), except domesticated dogs;
family mustelidae (such as weasels, martens, minks, badgers), except
domesticated ferrets; family Procyonidae (raccoons; family Ursidae (such
as bears); Order Marsupialia (such as kangaroos and common opossums);
order Edentata (such as sloths, anteaters and armadillos); order
Proboscidea (elephants); Order Primata (such as monkeys, chimpanzees
and gorillas); Order Rodentia (such as porcupines); and Order Ungulata
(such as antelope, deer, bison and camels).
Prohibited animal does not mean a psittacine bird, canary, finch, hamster, guinea pig, rat, mouse,
gerbil, or reptile families Leptotyphlopidae and Colubridae.
Protective custody impound means the impoundment of an animal as the result of a fire,
medical emergency, hospitalization, custody arrest, or other natural or manmade situation that
leaves the owner, harborer or person otherwise in possession of animal incapable of maintaining
control of, or caring for, the animal.
Public place means any place to which the public or a substantial group of the public has
access and includes but is not limited to streets, sidewalks, highways, alleyways, parks and the
common areas of schools, hospitals, apartment houses, office buildings, transport facilities and
shops.
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Quarantine means the strict isolation of a biting animal or animal suspected of being
rabid in a closed cage or pen in a manner that prevents physical contact between the animal and
all other animals and humans.
Sterilization means the surgical removal of the reproductive organs of an animal to
render it unable to reproduce.
Stray animal means any animal for which there is no identifiable owner or harborer,
which is found to be at large within the corporate limits of the city.
Strict isolation means to confine an animal in a closed cage or pen in a manner which
prevents physical contact with other animals or people for a period of time specified by the
animal control officer.
Tethered means an animal attached to a stationary object by a chain, cable or similar
device commonly used for the size and type of animal involved. An animal is not considered
tethered when the animal is attached to a stationary object, as long as the owner or custodian is
physically within reach of the animal. Any tethering device used to tether an animal must be at
least 10 feet in length.
Vaccinated means an animal properly injected by a licensed veterinarian with a rabies
vaccine licensed for use in that species of animal by the United States Department of Agriculture
(USDA).
Vermin means flies, ticks, fleas, lice, rats, mosquitoes or other small animal or insect
which may be annoying, destructive, or injurious to health.
SECTION 2. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and
the same is hereby amended by amending Section 6-6 "Animal shelter advisory committee-
Creation" to specify that the animal shelter employee shall work for the City of Denton Animal
Shelter. Section 6-6 shall read as follows:
Sec. 6-6. Animal shelter advisory committee--Creation.
(a) There is hereby established and created the animal shelter advisory committee to
be composed of seven (7) members who shall meet the following qualifications:
(1) One (1) licensed veterinarian who has a principal place of business or a
residence in the City of Denton;
(2) One (1) city official;
(3) One (1) person who is employed by the City of Denton Animal Shelter;
(4) One (1) representative of an animal welfare organization; and
(5) Three (3) people who are not involved by occupation or membership in
any of the above categories.
(b) Each member shall serve a term of office of two (2) years from the date of his or
her appointment, and terms shall be staggered. The veterinarian and City of
Denton Animal Shelter employee appointed to the animal shelter advisory
committee are not required to be qualified voters in the City of Denton, Texas.
Page 4 of9
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This section shall supersede Section 2-61 as it relates to the appointment of the
licensed veterinarian and the City of Denton Animal Shelter employee and their
qualification to vote in the City of Denton.
SECTION 3. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and
the same is hereby amended by amending Section 6-8 "Restraining animals" to be re-named
"Restraining animals and tethering animals" and to set up limitations and restrictions on
tethering and transporting animals. Section 6-8 shall read as follows:
Sec. 6-8. Restraining animals and tethering animals.
(a) It shall be unlawful for the owner, harborer, or person in possession of any animal
to permit the animal run at large in the city or to trespass upon the premises of any
other person.
(b) It shall be unlawful for the owner, harborer, or person in possession of any animal
to leave the animal unattended in a public place regardless of whether or not it is
restrained by a leash.
(c) It shall be unlawful for the owner, harborer, or person in possession of any animal
to leave the animal restrained by a leash and unattended in any manner that allows
the animal to enter the private property of another without the effective consent of
the owner.
(d) Subsections (a) through (c) do not apply to police canines.
(e) It shall be unlawful to restrain a dog by a fixed point chain or tether unless the
chain or tether is at least 10 feet long, has swivels at each end, and is attached to a
pulley or trolley mounted cable that is mounted no more than seven feet above
ground level.
(f) It shall be unlawful to restrain a dog with a chain or tether shall attach the chain or
tether to a properly fitted collar or harness worn by the dog. A person may not
wrap a chain or tether around a dog's neck. A person may not restrain a dog with
a chain or tether that weighs more than 1/8 of the dog's body weight.
(g) It shall be unlawful to restrain a dog in a manner that does not allow the dog to
have access to necessary shelter and water. A chain or tether used to restrain a
dog must, by design and placement, be unlikely to become entangled.
SECTION 4. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and
the same is hereby amended by amending Section 6-13(c) "Vaccination of cats, dogs, and
ferrets" to require proof of valid rabies vaccination in compliance with all State laws. Section 6-
13( c) shall read as follows:
Sec. 6-13. Vaccination of cats, dogs, and ferrets.
(c) All such cats, dogs, or ferrets shall be revaccinated at intervals approved and
accepted by the veterinarian community. The owner shall provide sufficient proof
to the Animal Services Unit of the City of Denton of valid rabies vaccination in
Page 5 of9
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compliance with all State laws. Any person establishing residence within the City
of Denton shall comply with this section within ten (10) days of establishing such
residency.
SECTION 5. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and
the same is hereby amended by amending Section 6-14 "Registration of cats, dogs, and ferrets
required" to require proof of valid rabies vaccination in compliance with all State laws and to
waive the registration fee for animals which are sterilized and microchipped. Section 6-14 shall
read as follows:
Sec. 6-14. Registration of cats, dogs, and ferrets required.
(a) Every owner of a cat, dog, or ferret, which is four or more months of age and is
kept in the city, shall register the animal with the animal control center.
(b) In order to register a cat, dog, or ferret, the owner, or his designee, shall:
(1) Provide a current rabies vaccination certificate issued by a licensed
veterinarian that contains identifying information regarding the animal
including, but not limited to, breed, sex, and sterilization information;
(2) Present a valid picture identification card issued to him by a state; and
(3) Pay a registration fee as established by the city council and maintained on
file in the office of the city secretary.
(c) Upon registration, the animal control center shall execute and furnish to the owner
of the cat, dog or ferret as evidence thereof, a certificate of registration and a tag
that contains a serial number to correspond with the registration certificate
number. The owner shall place the registration tag on the animal's collar or
harness while the animal is outside the owner's residence. If the tag is lost or
destroyed, the owner shall obtain a duplicate upon payment of a fee established by
the city council and on file in the office of the city secretary.
(d) It shall be unlawful for a person to knowingly possess a dog, cat, or ferret that has
not been registered as prescribed by this section.
(e) It shall be unlawful for a person to knowingly use a certificate of registration or
tag of any dog, cat, or ferret other than the one for which it was issued.
(f) It shall be unlawful for a person to alter or obliterate any information contained in
a certificate of registration or on a registration tag.
(g) It shall be unlawful for a person who owns or harbors a dog, cat, or ferret to fail or
refuse to present proof to an animal control officer, upon request, that such animal
is currently registered as required by this section
(h) The animal control center shall waive the prescribed registration fees for owners
under the following conditions:
(1) The registration of an animal trained to assist the hearing impaired,
visually impaired, or physically impaired;
Page 6 of9
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(2) The registration of a dog employed as a police canIne by a law
enforcement agency;
(3) The registration of a spayed or neutered animal by a resident sixty-five
(65) years of age or older; or
(4) The registration of a spayed or neutered animal which has had a microchip
implanted.
The eligibility for a waiver of the registration fee does not relieve the owner of his
responsibility to register a dog, cat, or ferret as prescribed by this section.
(i) For purposes of this section, "temporarily" means a period of time not to exceed
sixty (60) days. This section does not apply to:
(1) Non-residents of the city who stay within the city limits temporarily; or
(2) Residents who may harbor an animal temporarily.
SECTION 6. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and
the same is hereby amended by amending Section 6-16 "Protective custody impounds" to reduce
the holding period from 7 days to ninety-six (96) hours. Section 6-16 shall read as follows:
Sec. 6-16. Protective custody impounds.
(a) If an animal is impounded as the result of a fire, medical emergency,
hospitalization, custody arrest, or other natural or manmade situation that leaves
the owner, harborer or person otherwise in possession of the animal temporarily
incapable of maintaining control of, or caring for, the animal, an animal control
officer may impound the animal and house it at the animal control center.
(b) The owner, harborer or the person that was in possession of the animal will be
notified of the location of the animal, the conditions under which the animal may
be released, and that the animal will be held for a period of ninety-six (96) hours.
If the owner, or his designee, has not claimed the animal within ninety-six (96)
hours, the animal becomes the property of the city to be disposed of by the animal
control center through adoption, transfer to an animal rights organization, or
euthanasia.
(c) Owners, or their designees, shall fulfill all the requirements for redemption as
prescribed by this article.
SECTION 7. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and
the same is hereby amended by amending Section 6-17 "Requirements to redeem a dog, cat, or
ferret" to require proof of valid rabies vaccination in compliance with all State laws. Section 6-
17 shall read as follows:
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Sec. 6-17. Requirements to redeem a dog, cat, or ferret.
(a) To redeem a dog, cat, or ferret impounded under the provisions of this article, the
owner, or his designee, shall:
(1) Provide a current rabies vaccination certificate issued by a licensed
veterinarian that contains identifying information regarding the animal
including, but not limited to, breed, sex, and sterilization information;
(2) Present a valid picture identification card issued to him by a state;
(3) Pay impound and holding fees as established by the city council and
maintained on file in the office of the city secretary; and
(4) If not the owner, present sufficient authorization to take possession of the
animal.
SECTION 8. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and
the same is hereby amended by amending Section 6-30 "Prohibited animal permit and
impoundment" to allow for the impoundment of prohibited animals and to establish time frames
for release or disposition of prohibited animals. Section 6-30 shall read as follows:
Sec. 6-30. Prohibited animal permit and impoundment.
(a) It shall be unlawful for a person to harbor, own or exhibit a prohibited animal
within the city. If a person is found in possession of a prohibited animal and the
person does not have a valid permit for possession of the prohibited animal issued
by the Animal Services Unit of the City of Denton, the animal may be
immediately impounded by an Animal Services officer or by a City of Denton
police officer. Section 6-16(b) regarding release or disposition of the animal shall
apply to prohibited animals. However, the prohibited animal shall only be
released to the owner if the owner has found a place where the animal may be
legally kept.
(b) It is an exception to the application of subsection (a) of this section if the owner,
harborer, or exhibitor holds a prohibited animal permit or is a governmental
entity.
(c) A permit for the possession of a prohibited animal may be issued only to a zoo,
research institution, individual researcher, public or private primary or secondary
school, performing animal exhibition, rodeo or circus, or carnival of which the
animal is an integral part, if the animal is restrained from inflicting injury upon
persons, property or other animals and adequate provision is made for the care
and protection of the animal. A permit may be issued to an individual researcher
only upon the recommendation of a medical institution or the director of a
research institution.
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(d) The fee for such permit shall be established by the city council and is on file in
the office of the city secretary. The permit shall be issued for one or more animals
of an owner or exhibitor at a single location. The permit is valid for a designated
period of time not to exceed twelve months and may be renewed for the same fee.
SECTION 9. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not effect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 10. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 11. Any person found guilty of violating this ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day.
Each day that a provision of this ordinance is violated shall constitute a separate offense.
SECTION 12. This ordinance providing for a penalty shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is hereby directed to cause the
caption of this ordinance to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTESTED:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
~~-'~-~ :'---
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Page 9 of9
AGENDA INFORMATION SHEET
AGENDA DATE: December 12,2006
DEPARTMENT: Police
rf
ACM:
Jon Fortune
SUBJECT
An ordinance amending Ordinance No. 2005-343 to increase the registration fee for dogs
and cats, to establish an exemption from the registration fee for sterilized and micro
chipped animals, to establish the same daily handling fee for the first day an animal is
handled and any subsequent, to increase the fee for disposing of dead animals, to simplify
the animal euthanasia fee section by removing the sections regarding burial boxes and
cremation urns pursuant to Chapter 6 of the Code of Ordinances of the City of Denton,
Texas; providing that a schedule of fees shall be maintained on file in the office of the
City Secretary; a severability clause; providing a savings clause; and providing an
effective date.
BACKGROUND
On May 16, 2006, at a City Council work session meeting, staff presented the results of a
cost-analysis audit of the Animal Services Unit. Staff made recommendations to increase
several fess in an effort to better recoup the costs of performing some services. On
October 10, 2006, staff presented proposed revisions to a number of Animal Services
ordinances. Several of these revisions require changes to the existing fee ordinance. This
fee ordinance establishes the fees for those services as directed by City Council.
OPTIONS
1. Council can adopt the ordinance as written.
2. Council can direct staff to make revisions or amend the ordinance and present
it for future consideration.
3. Council can reject the proposed ordinance.
RECOMMENDATION
Staff recommends Council adopt the ordinance as written.
PRIOR ACTION/REVIEW
Council Work Session May 16,2006.
Council Work Session October 10, 2006.
FISCAL IMPACT
The recommended changes should not have any negative fiscal impact to the City of
Denton. In most cases, the increased fees will serve to better recoup the identified costs
for performing those services. The proposed fee changes are based on the results of a
comprehensive cost analysis of the shelter performed in May 2006. The cost analysis
included the projected costs of operating the newly installed crematorium. Once these
fees are established, staff will work to amend any existing inter local agreements with
other entities to reflect the new fee structure.
Respectfully submitted,
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Scott Langford
Interim Chief of Police
Prepared by:
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Scott Fletcher
Lieutenant
Operations Bureau
Attachment I
Animal Shelter Proposed Fee Matrix
City Animals
Holding (per day)
Holding (average 8 days)
* 1/5 /irst day and 15/day plio wing
$7.30 per
day
$56.00
Current
Fee
$5.00 per
day
$50.00*
% Recovered
% Recovered
Service
69%
89%
$8.00 per day
$64.00
109%
114%
Registration (Microchipped and
Sterlized) nla
$4.00
annual
$10.00
Annual
n/a
$0 Annual
$25.00
Annual
nla
Registration (Not Sterlized) nla
Hote'Registration was not included in the cost analysis
Interlocal Animals
n/a
nla
Service
% Recovered
Holding (per day)
Holding (average 8 days)
Euthanasia wi Holding
Hote' Euthanasia includes cremation
S :\Our Documents\Ordinances\06\AnimalFeeOrdinance.doc
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2005-343 TO INCREASE THE
REGISTRATION FEE FOR DOGS AND CATS, TO ESTABLISH AN EXEMPTION FROM
THE REGISTRATION FEE FOR STERILIZED AND MICROCHIPPED ANIMALS, TO
ESTABLISH THE SAME DAILY HANDLING FEE FOR THE FIRST DAY AN ANIMAL IS
HANDLED AND ANY SUBSEQUENT, TO INCREASE THE FEE FOR DISPOSING OF
DEAD ANIMALS, TO SIMPLIFY THE ANIMAL EUTHANASIA FEE SECTION BY
REMOVING THE SECTIONS REGARDING BURIAL BOXES AND CREMATION URNS
PURSUANT TO CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS; PROVIDING THAT A SCHEDULE OF FEES SHALL BE MAINTAINED
ON FILE IN THE OFFICE OF THE CITY SECRETARY; A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public interest to create a fee for adoption
of dogs, cats, and ferrets; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following fees in the Schedule of Fees established by Ordinance
No. 2001-338 are hereby amended to be collected pursuant to the specified provisions of Chapter
6 of the Code of Ordinances:
SCHEDULE OF FEES
Sec. 6-14
Dog and Cat Registration Fee
$ 25.00 annually
$ 4.00 annually if
unable to
procreate
The registration fee shall be waived for all sterilized and microchipped animals if the
owner provides proof of sterilization and microchipping to the Animal Services Unit.
Sec. 6-17
Animal Impound Fees
(1) Class A Animals (dogs, cats, fowl, each animal)
First Impoundment
Second Impoundment
Third Impoundment
Fourth Impoundment
$ 20.00
$ 30.00
$ 45.00
$ 70.00
S :\Our Documents\Ordinances\06\AnimalFeeOrdinance.doc
Sec. 6-17
Sec. 6-18
Sec. 6-21
(2) Class B Animals (goats, sheep, lambs, pigs, sows, shoats, calves,
foals, and animals of the same approximate size and weight, each
animal)
First Impoundment
Second Impoundment
Third Impoundment
Fourth Impoundment
$ 30.00
$ 40.00
$ 75.00
$113.00
(3) Class C Animals (cattle, mules, horses, ponies, and animals of the
same approximate size and weight, each animal)
First Impoundment
Second Impoundment
Third Impoundment
Fourth Impoundment
$ 35.00
$ 50.00
$ 75.00
$115.00
( 4) Class D Animal (prohibited, exotic, or wild animals requIrIng
capture by center personnel [provided, if the Class D animal is
already contained by the owner, then Class B fee schedule shall
apply])
First Impoundment
Second Impoundment
Third Impoundment
Fourth Impoundment
$ 34.00
$ 50.00
$ 75.00
$115.00
Daily Handling Fee
First Day or part of Day
Each Subsequent Day
$ 8.00
$ 8.00
Adoption Fees
Dogs
Cats
Ferrets
$120.00
$110.00
$ 10.00
Carcass Handling/Dead Animal Disposal Fee
Drop-off/Animal Brought to
Animal Control Center
City Pick-up of Animal
$ 15.00 per animal
$ 35.00 per animal
Page 2 of 4
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Sec. 6-22
Animal Euthanasia Fees (including cremation)
$ 30.00 per animal
Sec. 6-24
Quarantine Fees
First Day or part of Day
Each Subsequent Day
$ 8.00
$ 8.00
Rabies Diagnostic Testing
$ 70.00
Sec. 6-30
Prohibited Animal Permit Fee
$ 50.00 per animal
Sec. 6-38
Dangerous Animal Fee
$200.00 per animal
SECTION 2. The above-mentioned fees as established by the City Council shall be
placed on file in the office of the City Secretary and made available to any member of the public
who wishes to see a copy of the fees as established by this ordinance. The City Secretary is
directed to maintain this Schedule of Fees on file in the City Secretary's office as adopted hereby
or as in the future may be established by the City Council. All fees shall be paid to the City at
the Animal Control Center in accordance with Article III of Chapter 6 of the Code of Ordinances
of the City of Denton.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not effect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 4. Save and except as amended hereby, all the prOVISIons, sections,
subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of
its passage.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
Page 3 of 4
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: fJf#_~
Page 4 of 4
AGENDA INFORMATION SHEET
AGENDA DATE: December 12,2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
ACM:
Jon Fortune
Ii
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract
for the purchase of automatic throw over switches PME 9 configuration, for Denton Municipal
Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid
3626-Annual Contract for ATO Switch PME-9 Configuration awarded to the lowest responsible
bidder, HD Supply, in the estimated cumulative annual amount of $100,270). The Public
Utilities Board recommends approval (5-0).
BID INFORMATION
This bid is for the annual contract to supply Automatic Throw Over (A TO) Switches for the
maintenance and new construction of the Electric Distribution System. A detailed description of
their use is provided in the attached Public Utilities Board agenda information sheet.
PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS)
The Public Utilities Board approved this item at its November 27, 2006 meeting.
RECOMMENDA TION
Award to HD Supply in the estimated cumulative annual amount of$100,270.
PRINCIPAL PLACE OF BUSINESS
HD Supply
Corinth, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery can be made within 25 days after receipt of an order. This price agreement will be in
effect for a one-year period and may be extended for additional one-year periods if agreed to by
both parties with all term and conditions remaining the same.
Agenda Information Sheet
December 12,2006
Page 2
FISCAL INFORMATION
This item will be funded out of the Warehouse working capital account and charged back to the
using department.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1 :Bid Tabulation
Attachment 2: PUB Agenda Information Sheet (Exhibits Not Included)
l-AIS-Bid 3626
Attachment 1
Bid # 3626
November 2, 2006
Annual Price Agreement For ATO Switches
Principle Place of Business:
Horizontal Mounted
1
2
Automatic Throw Over Switch (ATO) PME
9 configuration, 25 kV, 3-Phase,
28506220 padmounted, Automatic Transfer Switch
with electronic control & test panel that
includes the communication card & pc
interface cable.
SHIPMENT
H.D. Supply (Hughes)
Corinth, TX
$50,135.00
25 weeks
Attachment 2
PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET
AGENDA DATE: November 27,2006
DEPARTMENT: Electric Engineering
ACM: Howard Martin, 349-8232
SUBJECT:
Consider recommending approval of the unit prices in Bid #3626 and awarding an annual
agreement for the purchase of padmounted Automatic Throw Over (A TO) distribution switchgear
from HD Supply, Corinth, Texas, in the annual estimated expenditure amount of$100,270.
BACKGROUND:
A padmounted A TO provides automatic utility circuit source selection on underground distribution
systems for large commercial and industrial utility customers that require a slightly higher degree
of electrical service source reliability. Seven existing large commercial and industrial Denton
Municipal Electric (DME) customers presently utilize A TO switchgear.
A padmounted A TO is a completely self-contained package that provides automatic switching
between two utility circuits. A padmounted A TO consists of an enclosure that contains switches,
power fuses, and an electronic control. The A TO will automatically sense loss of power from the
preferred source and automatically transfer a customer's load from the primary electrical source to
an alternate electrical source. The microprocessor-based, electronic control is field programmable
to allow the control scheme to be tailored to a variety of specific application requirements.
The ATO equipment that DME originally selected as a standard over a decade ago is manufactured
by the S&C Company. Different manufacturer's equipment is not typically interchangeable. That
means one manufacturer's A TO cannot be used to replace one from another manufacturer without
significant underground conduit labor, concrete foundation work and re-pulling primary cables.
Such work would require long outages for customers and extensive cost for DME. Staying with
the S&C A TO switchgear eliminates the negative outage time impact to the customer and allows
DME to efficiently maintain and replace padmounted switchgear.
Bid #3626 was for an annual agreement to supply ATO switchgear that Denton Municipal Electric
(DME) uses on the 13.2kV distribution system. Standard City of Denton purchasing procedures
were used, and 20 notices to bidders were mailed to prospective bidders. One bid was received.
The bid tabulation is Exhibit 1. The HD Supply bid is the lowest responsible bid that meets
specifications. Only one bid was received because many equipment manufacturers select only one
distributor for each geographic area. HD Supply is the factory authorized seller for Denton.
Without purchase of A TO padmounted switchgear, DME cannot complete underground
construction in large commercial and industrial developments that require and agree to pay for
Attachment 2
the higher reliability of automatic transfer switchgear. Due to the existing DME customers that
utilize A TO switchgear we must have units immediately available to replace existing A TO units
that fail.
OPTIONS:
1. Purchase distribution padmounted A TO switchgear
2. Do not purchase distribution padmounted A TO switchgear
RECOMMENDATION:
Recommend approval of the unit prices for Bid #3626 from HD Supply to enter an annual
agreement for purchase of pad mounted ATO distribution switchgear.
ESTIMATED SCHEDULE OF PROJECT:
This price agreement will be in effect for a period of one year from the date of award and may be
extended for additional one-year periods if agreed to by both parties with all terms and
conditions remaining the same.
PRIOR ACTION/REVIEW (Council, Boards, Commissions):
None
FISCAL INFORMATION:
The annual expenditure for padmounted ATO switchgear is estimated to be $100,270.
BID INFORMATION:
Exhibit 1 is a summary of the bids.
EXHIBITS:
1. Evaluation of Bid
Respectfully submitted:
Sharon Mays
Director of Electric Utilities
Prepared by:
Chuck Sears
Engineering Administrator
2
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A WARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF AUTOMATIC THROW OVER SWITCHES PME 9
CONFIGURATION, FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
3626-ANNUAL CONTRACT FOR A TO SWITCH PME-9 CONFIGURATION AWARDED TO
THE LOWEST RESPONSIBLE BIDDER, HD SUPPLY, IN THE ESTIMATED CUMULATIVE
ANNUAL AMOUNT OF $100,270). THE PUBLIC UTILITIES BOARD RECOMMENDS
APPROVAL (5-0).
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 offunds
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
NUMBER
ITEM
NO
VENDOR
AMOUNT
3626
1
HD Supply
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. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~~~
4-0RD-BT~26 -
Exhibit A
Bid # 3626
November 2, 2006
Annual Price Agreement For ATO Switches
Principle Place of Business:
Horizontal Mounted
1
2
Automatic Throw Over Switch (ATO) PME
9 configuration, 25 kV, 3-Phase,
28506220 padmounted, Automatic Transfer Switch
with electronic control & test panel that
includes the communication card & pc
interface cable.
SHIPMENT
H.D. Supply (Hughes)
Corinth, TX
$50,135.00
25 weeks
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 November 27,2006
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Presiding Officer convened into an Open Meeting, Monday, November 27,2006 at
7 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
8 Street, Denton, Texas.
9
10 Present: Chair Newell, Dick Smith, Bill Cheek, Randy Robinson and Bob Bland (arrived at
11 9:06 a.m.)
12
13 Ex Officio Members:
14 George Campbell, City Manager
15 Howard Martin, Assistant City Manager
16
17 Absent: John Baines, excused
18 Phil Gallivan, excused
19
20 OPEN MEETING:
21
22 CONSENT AGENDA:
23 The remaining Consent Agenda Items will be approved with one motion, a second, and by a
24 majority vote of the Public Utilities Board Members who are present.
25
26 1) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing
27 the expenditure of funds for payments by the City of Denton for electrical energy
28 transmission fees to the Lower Colorado River Authority (LCRA) for providing energy
29 transmission services to the City of Denton; and providing an effective date (File 3638-2006
30 Electrical Energy Transmission Fees-Lower Colorado River Authority in the total amount of
31 $142,906).
32
33 2) Consider recommending approval of the unit prices in Bid #3626 and awarding an annual
34 agreement for the purchase of pad mounted Automatic Throw Over (ATO) distribution
35 switchgear from HD Supply, Corinth, Texas, in the annual estimated expenditure amount of
36 $100,270.
37
38 4) Consider recommending adoption of an ordinance of the City of Denton approving a Pipeline
39 Crossing Agreement between the Union Pacific Railroad Company ("UPRR"), and the City
40 of Denton relating to the encroachment of a 16 inch water pipeline, crossing an existing
41 UPRR right-of-way at Mile Post 723.02 as part of the Meadows at Hickory Creek
42 development public improvements, located in the W. Roark Survey Abstract Number 1087,
43 City of Denton, Denton County, Texas.
44
45 5) Consider recommending approval of an Interlocal agreement to provide gas well inspection
46 services to the Town of Highland Village.
47
48 Board Member Dick Smith pulled item 3 for individual consideration.
49
50 Board Member Bill Cheek moved to approve Items 1, 2, 4 and 5 with a second from Board
51 Member Randy Robinson. The motion was approved for a vote of 5-0.
1 Draft Minutes - Public Utilities Board Meeting
2 November 27,2006
3 Page 2 of 4
4
5
6 ITEMS FOR INDIVIDUAL CONSIDERATION:
7
8 3) Consider approval of the purchase of three modular office buildings, currently used by the
9 Denton County Transportation Authority (DCTA), from G.E. Capital Modular Space, of
10 Irving, Texas, for the total price of $52,020.00.
11
12 Board Member Smith asked if the lease payments from DCT A covered the monthly lease
13 payments to G.E. for the modular office buildings.
14
15 Kemler replied that the Solid Waste Department's annual lease payments to G.E. total $12,709,
16 which is recovered through the monthly lease payments collected from the DCT A. DCT A will
1 7 be expanding its site, and will build an additional building for buses as well as adding more
18 parking area. The City and DCT A have entered into a new agreement, which sets a higher
19 monthly rate. At the end of the agreement, if DCT A vacates, the City will own the building.
20
21 Board Member Smith moved to approve with a second from Board Member Bob Bland.
22 The motion was approved by a 5-0 vote.
23
24 7) Consider recommending approval of Bid No. 3606 for the purchase of one 150 MV A, 138kV
25 to 69kV autotransformer and options for Denton Municipal Electric from the bidder who has
26 been determined to be the best value bid.
27
28 Chuck Sears presented this item, a CIP project for the RD Wells Interchange. This unit will
29 bring power from the 138kV system. Currently, DME's major source of power is the TMPA
30 station west of town on 2499 and the west Denton station. When finished, in about a year to a
31 year and one-half, there will be two 600 MV A transformers in that station capable of delivering
32 about 1200 MV A power.
33
34 Sears stated that the consultant believes that the firm DME is recommending has the best
35 engineering team in the world right now; the most advance engineering software and some of the
36 most advanced hardware in the manufacturing facilities.
37
38 Board Member Cheek asked if there would be additional costs.
39
40 Sears replied that additional costs would be related to the construction of the station. There is
41 about $3 million dollars earmarked for relay transmission, the voltage portion, and $1.4 million
42 for the distribution system.
43
44 Board Member Cheek motioned to approve with a second from Board Member Smith.
45 The motion was approved by a 5-0 vote.
46
47 8) Consider recommending approval of additional payments in conjunction with two advanced
48 funding agreements (AFAs) between the City of Denton and the Texas Department of
49 Transportation (TxDOT) for the construction of water and sanitary sewer utility relocations
50 in conjunction with the Loop 288 widening project.
51
1 Minutes - Public Utilities Board Meeting
2 November 27,2006
3 Page 3 of 4
4
5
6 Frank Payne, City Engineer, provided a brief review of this proj ect, which requires the relocation
7 of water and sanitary sewer utilities. Cost estimates were prepared in August 2005, bid in
8 December 2005 with the bid coming in decidedly higher than projected. The projected total cost
9 of the project was just over $29 million with the City's portion at $2,2887,000. The actual low
10 bid for the proj ect came in just under $39 million.
11
12 Staff has attempted, without success, over the past year to negotiate a deductive change order
13 with the contractor. Staff has now received written notification from the State requesting a total
14 of $1,922,200 in additional funding, $474,2220 for water relocations and $1,447.980 for sewer
15 locations. Payne stated that in order for the project to stay on track, payment must be made to
16 the State.
17
18 Smith asked how much construction had been done and if staff was satisfied with the
19 construction. Payne was not sure how much construction had been completed, but guessed that
20 less than 20%, and it appeared that the quality of the construction is good.
21
22 Cheek asked where the additional funding would come from and would staff provide that
23 information at the next meeting under the ACM report.
24
25 Jim Coulter, Director of Water Wastewater Utilities, stated that staff has budgeted that amount in
26 this year's budget but that a report would be provided at the next meeting.
27
28 Board Member Bland motioned to approve with a second from Board Member Robinson.
29 The motion was approved by a 5-0 vote.
30
31 9) Consider recommending of approval of a Professional Services Agreement between the City
32 of Denton and Arthur Surveying Co., Inc. in the not-to-exceed amount of $250,000 for the
33 delivery of routine surveying services on a work order basis during the 2006 - 2007 fiscal
34 year.
35
36 Frank Payne presented information stating that in October 2003, eleven proposals for surveying
37 services were submitted and reviewed. The top five proposals were ranked according to criteria
38 assessing demonstrated competence and qualifications to perform the services required. Arthur
39 Surveying was ranked highest and was contracted for a total not-to-exceed amount of $324,500
40 for surveying services for fiscal year 2003-04. Arthur Surveying provided overall good results
41 and good technical data for a total of approximately $295,00 by the end of the fiscal year and has
42 demonstrated consistent spending keeping prices the same over the last four years.
43
44 Board Member Cheek motioned to approve with a second from Board Member Bland.
45 The motion was approved by a 5-0 vote.
46
47 10) Consider recommending for approval the refunding of $16,145,000 of revenue bonds from
48 the 1998A Series.
49
50 Gary Calmes, Utilities Financial Administrator, presented this item stating that this is the last 7
51 years of a 30-year debt of recallable bonds for Lake Ray Roberts. By refunding approximately
52
1 Minutes - Public Utilities Board Meeting
2 November 27,2006
3 Page 4 of 4
4
5
6 $16 million in utility system bonds issued for the Water System, there is an estimated savings of
7 5.2% or $846,000 and total savings over the life of the debt of $2.4 million. The refunding will
8 provide approximately $100,000 annual savings on the debt service payment.
9
10 Board Member Robinson motioned to approve with a second from Board Member Smith.
11 The motion was approved by a 5-0 vote.
12
13 The meeting was adjourned by consensus at 10:15 a.m.
14
AGENDA INFORMATION SHEET
AGENDA DATE: December 12,2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Curt Arndt 349-7342
ACM:
Jon Fortune
Ii
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract
for the purchase of Traffic Signal Poles for the City of Denton Traffic Division; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3625-Annual Contract for
Traffic Signal Poles awarded to the lowest responsible bidder, Structural and Steel Products, Inc.
in the estimated cumulative annual amount of $323,658).
BID INFORMATION
This bid is for the purchase of various sizes of traffic signal poles and accessories to be used for
new traffic signal construction as approved in the City's Capital Improvements Program (CIP).
The CIP locations include the intersections of Carroll Boulevard and Eagle Drive and Carroll
Boulevard and Hickory Street.
RECOMMENDA TION
Award to Structural and Steel Products, Inc. in the estimated amount of$323,658.
PRINCIPAL PLACE OF BUSINESS
Structural and Steel Products, Inc.
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
Shipment of the poles can be made within 98 days of receipt of the order. This is an annual
agreement that can be renewed for additional one-year periods with all terms and conditions
remaining the same. If the contract is renewed, the City will implement an escalation/de-
escalation price adjustment.
FISCAL INFORMATION
The poles will be funded from account numbers for individual Capital Improvement Projects as
they are initiated.
Agenda Information Sheet
December 12,2006
Page 2
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
l-AIS-Bid 3625
Attachment 1
Bid #3625
Date: 11/21/06
Annual Contract for Traffic Signal Poles
ITEM QTY. DESCRIPTION Vendor
Structural & Steel
Products, Inc.
Principle Place of Business Ft. Worth, TX
1 6 VERTICAL SIGNAL POLE FOR A 10'-30' MAST ARM $3,607.00
2 6 VERTICAL SIGNAL POLE FOR A 35'-50' MAST ARM $3,710.00
3 6 VERTICAL SIGNAL POLE FOR A 55'-70' MAST ARM $5,383.00
4 6 MAST ARM 10', RIGID MOUNTED $745.00
5 6 MAST ARM 15', RIGID MOUNTED $961.00
6 6 MAST ARM 20', RIGID MOUNTED $1,069.00
7 6 MAST ARM 25', RIGID MOUNTED $1,240.00
8 6 MAST ARM 30', RIGID MOUNTED $1,508.00
9 6 MAST ARM 35', RIGID MOUNTED $1,929.00
10 6 MAST ARM 40', RIGID MOUNTED $1,939.00
11 6 MAST ARM 45', RIGID MOUNTED $2,328.00
12 6 MAST ARM 50', RIGID MOUNTED $2,368.00
13 6 MAST ARM 55', RIGID MOUNTED $4,720.00
14 6 MAST ARM 60', RIGID MOUNTED $5,239.00
15 6 MAST ARM 65', RIGID MOUNTED $5,281.00
16 6 MAST ARM 70', RIGID MOUNTED $5,953.00
17 6 VERTICAL POLE LUMINAIRE SECTION $1,899.00
18 6 LUMINAIRE ARM $995.00
19 6 ILLUMINATED STREET NAME SIGN ARM $868.00
ANCHOR BOLTS, SET OF 4 WITH HARDWARE AND
20 6 TEMPLATES FOR VERTICAL SIGNAL POLE ON $400.00
LINE #1 ABOVE
ANCHOR BOLTS, SET OF 4 WITH HARDWARE AND
21 6 TEMPLATES FOR VERTICAL SIGNAL POLE ON $502.00
LINE #2 ABOVE
ANCHOR BOLTS, SET OF 4 WITH HARDWARE AND
22 6 TEMPLATES FOR VERTICAL SIGNAL POLE ON $502.00
LINE #3 ABOVE
Attachment 1
Bid #3625
Date: 11/21/06
Annual Contract for Traffic Signal Poles
ITEM QTY. DESCRIPTION Vendor
Structural & Steel
Products, Inc.
Principle Place of Business Ft. Worth, TX
23 6 SIGNAL POLE BASE COVER FOR VERTICAL $188.00
SIGNAL POLE ON LINE #1 ABOVE
24 6 SIGNAL POLE BASE COVER FOR VERTICAL $315.00
SIGNAL POLE ON LINE #2 ABOVE
25 6 SIGNAL POLE BASE COVER FOR VERTICAL $334.00
SIGNAL POLE ON LINE #3 ABOVE
Shipment can be made in days from receipt 98 days
of order.
ADDENDUM #1 YES
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND A WARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNAL POLES FOR THE CITY OF
DENTON TRAFFIC DIVISION; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3625-ANNUAL CONTRACT FOR
TRAFFIC SIGNAL POLES AWARDED TO THE LOWEST RESPONSIBLE BIDDER,
STRUCTURAL AND STEEL PRODUCTS, INC. IN THE ESTIMATED CUMULATIVE
ANNUAL AMOUNT OF $323,658).
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 offunds
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
NUMBER
ITEM
NO
VENDOR
AMOUNT
3625
1-25
Structural and Steel Products, Inc.
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. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~~~
3-0RD-BT~25 -
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AGENDA INFORMATION SHEET
AGENDA DATE: December 12,2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7100
ACM:
Jon Fortune
Ii
SUBJECT
An Ordinance authorizing the City Manager to accept an Interlocal Agreement with the Lower
Colorado River Authority (LCRA) to authorize participation in various LCRA contracts for the
purchase of various goods and services; authorizing the expenditure of funds therefore; and
declaring an effective date (File 3623-Interlocal Agreement with the Lower Colorado River
Authority).
FILE INFORMATION
Chapter 271.102 of the Local Government Code, authorizes respective participating governments
to enter into joint contracts and agreements for the purchase of necessary materials, supplies, and
services. Over the past several years, the City of Denton and other entities have entered into
cooperative purchasing agreements that have been highly beneficial to the taxpayers through
anticipated savings. The attached agreement is an authorization to participate in contracts
awarded by the Lower Colorado River Authority (LCRA) and will remain in effect until
terminated by either party. Any acquisition exceeding $100,000 will be presented to Council for
approval, prior to issuing a purchase order.
This Interlocal Agreement will allow the City of Denton to utilize contracts for supplies and
services competitively bid by the LCRA. In the past, we have purchased such items as police
sedans, tires, corrugated metal pipe, lubricants, oils, road materials, and other supplies from
similar agreements. The bid process followed by the LCRA meets all State bidding requirements
and bid opportunities are extended to all local suppliers.
RECOMMENDA TION
Approve Interlocal Agreement with the Lower Colorado River Authority (LCRA).
PRINCIPAL PLACE OF BUSINESS
Lower Colorado River Authority
Austin, TX
Agenda Information Sheet
December 12,2006
Page 2
ESTIMATED SCHEDULE OF PROJECT
This agreement is effective upon approval by the City of Denton and will remain in effect until
terminated by either party.
FISCAL INFORMATION
Each acquisition, based on this agreement, will follow the City of Denton fiscal verification
policy and be charged to the appropriate budget account.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
l-AIS-File 3623
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL
AGREEMENT WITH THE LOWER COLORADO RIVER AUTHORITY (LCRA) TO
AUTHORIZE PARTICIPATION IN VARIOUS LCRA CONTRACTS FOR THE PURCHASE
OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 3623-INTERLOCAL
AGREEMENT WITH THE LOWER COLORADO RIVER AUTHORITY).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to execute the
Interlocal Cooperative Purchasing Program Agreement with the Lower Colorado River Authority
under Section 271.102 of the Local Government Code, a copy of which is attached hereto and
incorporated by reference herein (the "Agreement").
SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and services.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~~
2-0RD-In~al Agreement With L
.INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT is signed into on the. date
written below by and between the Lower Colorado River Authority (LCRA), a
conservation and reclamation district of the State of Texas (Performing Agency)) and
the City of Denton (Receiving Agency), Texas referred to as the Parties, pursuant to the
authority granted by and in compliance with the Texas Interlocal Cooperation Act, Tex.
Gov. Code, Ch. 791. It is intended to record and implement an agreement reached
between the Parties and partially performed prior to execution. The Scope of Services
shown below shall be performed and completed by the Performing Agency in
accordance with this Agreement.
I. PARTIES:
The parties to this Agreement are the Lower Colorado River Authority (LCRA), a
conservation and reclamation district of the State of Texas and the City of Denton,
Texas (City or Customer), an incorporated municipality of the State of Texas
II. LCRA RESPONSIBILITIES The purpose of this new Agreement is to allow the City
to receive the benefits of the Material Alliance (Alliance) established by LCRA with the
Vendor. The parties believe that cooperating in the purchasing of various goods,
materials, equipment and supplies which both parties use in carrying out their
govemmental functions and services will enable the parties to obtain these goods,
materiaJs, equipment and supplies on better terms and/or prices than by making such
purchases individually, and both desire to increase efficiency and effectiveness of such
purchasing by acting jointly in. competitively procuring selected goods, materials,
equipment and supplies~ In order to accomplish this purpose LCRA has provided or
shall provide the following services to Customer:
1. LCRA shall permit the City to have access to its mat.arials acquisition program.
2. The selected vendor meets or exceeds the criteria required and desired for
furnishing materials to LCRA and its customers.
3~. The selected Vendor will be monitored by LCRA at regular intervals to assure
that the program is beneficial to the participants.
4. The selected Vendor may furnish materials for up to five (5) years from program
inception with at least an annual review of performance of the Vendor.. .
III. CITY RESPONSIBilITIES
LCRA. has contracted with a Vendor who has agreed to sell to LCRA's customers at
preferred prices. The City hereby subscribes to the Alliance, subject to the follow.ing
terms and conditions:
1 ~ The Vendor will be providing the following products: electrical, natural gas,
water/sewer, CATV/telephone, sport lighting, fiber optic, and telecommunication.
2. The Customer will deal directly with the Vendor in the ordering, shipping, and
Page 1 of6
paying invoices.
3.. Vendor will provide customer with a customer specific .electronic procurement
WEB page. Fax or telephone ordering also is available.
4~ The Vendor will not charge shipping charges for the routine route delivery to the
Customer from Vendor's warehouse..
5. Vendor will be available to deliver material at least weekly to Customer.
6. The Vendor may deliver materials directly to the jobsite when prior arrangements
have been made between the Customer and the Vendor.
7. The Vendor may purchase excess materials from the Customer to reduce
Customers inventory.
8. The Vendor agrees to maintain a stock of material for emergencies to be
delivered to the customer within 48 hours..
9. The Vendor will be available 24 hours per day 7 days per week for Customer to
contact..
10. Vendor will unload Customers purchases at customer's warehouse or directiy to
the jobsite.
11. Vendor can provide training on use of new material.
12. Vendor will provide improved communication concerning product availability and
pricing movement.
13.. Vendor can provide "kiting" assembling and packaging material by unit
designation.
14. Vendor will provide an emergency backup stock.
15. Vendor will not charge a restocking charge for return of unused material if
Customer meets Vendor's criteria for such actions..
16. Vendor will provide new transformers on consignment at customer's location if
customer purchases all transformers and most other distribution materials from
vendor.
17. The vendor will provide and maintain emergency stock of larger pad-mounted
transformers or other agreed upon items so that each utility will not have to
maintain expensive inventory or backup units for reliability purposes if customer
purchases all transformers and most other distribution materials from vendor..
IV. CONTRACT TERM
The primary contract term for this Program Agreement shall be for one year. This
Agreement shall be automatically renewed each year unless terminated by either party,
provided, however that this contract shall not extend beyond the life of LCRA's contract
with the vendor..
v. TERMINATION
Either party may terminate this Agreement, by giving a ninety (90) day notice to the
other p.arty. Termination of this Agreement shall not affect any Agreement for Technical
Services or other Agreement between the Parties, but termination of an Agreement for
Technical Services automatically terminates this Agreement. If this Agreement is
terminated, any overpayment of the retainer shall be reimbursed to the Customer after
. Page 2 of6
the costs of services have been paid.
VI. PRICE OF SERVICES: See Section VIII, below.
VII. REIMBURSABLE COSTS & EXPENSES:
Not Applicable to This Contract
VIII. FEES & PAYMENT TERMS:
The Initial fee to join the Material Acquisition program is $100.00. Thereafter,
beginning November 11 2006 the program fee will be $35/month plus 2.50/0 of the
previous month's purchases, but not to exceed $250/month. The monthly fee will be
updated to be effective January 1 st of each year and will be constant thereafter for one
complete year~ LCRA will invoice City monthly for the fees hereunder. The City shall
pay LCRA not later than 30 days following receipt of LCRA's invoice.
IX. WARRANTY DISCLAIMERS
"Disclaimer of Warranties. LCRA is not a merchant with respect to any goods sold by the
Vendor. LCRA makes no warranties express, statutory or implied with respect to any
goods purchased by the City from the Vendor, particularly, but without limitation,
warranties of merchantability, fitness for a particular purpose, non-infringement and title.
The only warranties made with respect to the goods purchased from the Vendor shall be
those provided by the Vendor or the manufacturers it represents, if any.
x. MISCELLANEOUS
(a) Authority. The Parties certify that (1) the Scope of "Services specified above
are necessary and essential for activities properly within their statutory functions;
(2) the provisions of this Agreement serve the interest of efficient and economical
administration of State or Local Government; and (3) the services, supplies and/or
materials contracted for are not required by Article 16, Section 21 of the
Constitution of State of Texas or by any applicable statute to be procured
according to a bid process.
The Receiving Agency further certifies that it.has the authority to receive the above
Services by authority granted in "its enabling legislation and Ch. 791 of the Texas
Government Code.
The Performing Agency further certifies that it has the authority to perform the
above services by authority granted in its enabling act and Chapter 791 of the
Page 3 of6
Texas Government Code.
(b) Independent Contractor. Each party shall be an independent contractor with
respect to the other. Neither this Contract nor any Purchase Order issued to the
Vendor under it shall be construed as a partnershipJ joint venture or any other type
of business entity, which would make a party responsible for or liable for any action
of the other party.
(c) Compliance with all Laws. Each party shall comply with all applicable Federal,
State, and local laws, and all standards, rules! administrative agency regulations,
and orders issued pursuant to such laws and regUlations.
(d) Non-exclusivity. The Contract is not exclusive. LCRA has the right to make
the Alliance available to other LCRA customers during the term of the Contract,
and the City has the right to purchase goods from others goods the same as or
similar to those available under the Alliance. "
(e) Severability. This Contract is severable and if anyone or more parts of it are
found to be invalid, such invalidity" shall not affect the remainder of this Contract if
the remainder can be given effect without the invalid parts.
(f) Limitations of Liability. Neither party shall be liable to the other in tort,
contract, warranty, strict liability, statute or otherwise for special, indirect,
incidental, punitive, exemplary or consequential damages (including, without
limitation, lost earnings, lost generation, lost business" opportunities, business
interruptionJ or lost profits), regardless of whether the possibility of such damages
has been disclosed or could have been reasonably foreseen.
(g) Non-Recourse. Neither party shall have recourse against the board of
directors, city council. individual directors, council members, officers) agents,
servants or employees of the other in connection with any liability that might arise
under this agreement, termination of this agreement, or in connection with the
Alliance or the Vendor, whether such liability arises in tort (induding negligence,
gross negligence or willful misconduct), contract, warranty, strict liability, statutory
liability or any other theory of law.
(h) Third Party Beneficiaries. There are no third party beneficiaries to this
Contract (or to any Purchase" Order issued under it) and the provisions of this
Contract shall not create any legal or equitable right, remedy or claim enforceable by
any person, firm, or organization other than the Parties and their pennitted
successors and permitted assigns.
(i) Ethics. The City agrees to conduct its business with LCRA in conformity with
sound business and ethical practices as required by LCRA's Board and shall not
offer benefits or gratuities in any form that. could be construed as an attempt to
influence LCRAJs conduct of business. Violation of this policy shall constitute a
Page 4 of 6
~
material breach of the Agreement and shall permit LCRA, at its option, to cancel the
Contract without incurring liability~
0> Assignment Prohibited. The City and LCRA agree that neither can assign this
Contract without the written consent of the other Party.
(k) Notices. All notices or other communications required under this Contract may
be effected either by personal delivery in writing or by certified mail, postage prepaid,
retum receipt requested~ Notice shall be deemed to have been given when delivered
or mailed to the Parties at their respective addresses as set forth below or when
mailed to the last address provided in writing to the other Party by the addressee.
Performing Agency:
Receiving Agency:
Lower Colorado River Authority
C/o Allan Kunze
Manager. Customer Services
P.O. Box 220
Austin, Texas 78767
City of Denton
Karen E. Smith
Senior Buyer
90 1-8 Texas Street
Denton, Texas 76209
(I) Mitigation of Damages. In all cases a Party establishing or alleging a breach
of contract, or a right to be indemnified in accordance with this Contract shall be
under a duty to take all necessary measures to mitigate the loss which has
occurred, provided that it can do so without unreasonable inconvenience or cost.
(m) Alternate Dispute Resolution. The Parties agree that in the event of a
dispute" concerning the performance or non-performance of any obligations
flowing from or as a result of this Contract, the Parties will voluntarily submit the
dispute to the Travis County Dispute Resolution Center for resolution through
medi"ation as though it were referred through the operation of the Texas
Alternative Dispute Resolution Procedures Act, Title 7, Chapter 154) TEX. CIV.
PRAC. & REM. ANN., (Vernon's 1986). No record, evidence, statement, or
declaration resulting from or in connection with such alternate dispute resolution
procedure may be used in evidence in subsequent litigation except to
demonstrate that this article has been complied with in good faith by either Party.
The requirements of the Governmental Dispute Resolution Act, Government
Code, Chapter 2009, shall apply as appropriate.
(n) Governing LawNenue. In the event that litigation results from or as a result
of this Contract, venue for all actions shall be in a state court of cpmpetent
jurisdiction in Travis County, Texas. The substantive law applicable to such
litigation shall be that of the State of Texas, without regards to its choice of law
provisions.
(0) Integration of Contract. This Contract represents and contains the entire
agreement and understanding between the Parties with respect to the Alliance and
Page 5 of6
supersedes any and all prior or contemporaneous oral and/or written agreements
and understandings. No representations, warranty, condition, .understanding or
agreement of any kind with respect to the subject matter of this Contract shall be
relied upon by the Parties unless incorporated into this Contract. This Contract
may not be amended or modified except by a writing executed both by an
authorized representative of LCRA and by an authorized representative of the City
of Denton.
By execution of this Agreement, Each party represents to the other that:
a. In performing its duties and obligations hereunder, it will be carrying out one or
more governmental functions or services which it is authorized to perform; -
b. The undersigned officer or agent of the party has been properly authorized by
that party's governing body to execute this Agreement and that any necessary
resolutions extending such authority have been duly passed and are now in
effect;
c. All payments required or permitted to be made by a party will be made from .
current revenues available to the paying party; and
d. An payments provided to be made hereunder by one party to the other shall be
such amounts as to fairly compensate the other party for the services or
functions performed hereunder.
IN WITNESS WHEREOF. the Receiving Agency and the Performing Agency
have made and entered into this Agreement on this day of
, 2006.
By:
Title; 85cf'c /1/7?<~ f ~
City of Denton
By:
Title:
Page 6 of6
AGENDA INFORMATION SHEET
AGENDA DATE:
December 12, 2006
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
DEP ARTMENT:
Materials Management
ACM:
Jon Fortune
=-
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas authorizing the expenditure
of funds for payments by the City of Denton for electrical energy transmission fees to the
Lower Colorado River Authority (LCRA) for providing energy transmission services to the
City of Denton; and providing an effective date (File 3638-2006 Electrical Energy
Transmission Fees-Lower Colorado River Authority in the total amount of $142,906). The
Public Utilities Board recommends approval (5-0).
FILE INFORMATION
There is one purchase order exceeding $100,000 that reflects the 2006 Net Wholesale
Transmission Final Matrix cost of transmission of electrical energy from the generation
source to the Denton Municipal Electric Distribution System for October 2006 through
December 2006. The purchase order is for payment of a fee imposed by the Public Utility
Commission of Texas (PUCT) for planned transmission services of energy delivered to the
City of Denton. The Public Utility Regulatory Act of 1995 (PURA 95) required the
development of a new, statewide mechanism for electric transmission service in Texas.
PURA 95 also placed municipal utilities under the jurisdiction of PUCT for matters related to
transmission. As a result, the Denton Municipal Electric Utility has been ordered by the
PUCT to pay various other electric utilities in the State specific amounts. The subject
purchase orders provide the City of Denton the authority required by the City Charter to
make those payments. This purchase order will encumber funds estimated as costs for
services through December 31, 2006. No funds will actually be spent until invoices are
received, reviewed, and approved.
RECOMMENDA TION
Approve payment of transmission fees to the Lower Colorado River Authority in the amount
of $142,906.
PRIOR ACTIONNIEW (COUNCIL.. BOARDS.. COMMISSIONS)
The Public Utilities Board approved this item at its November 27, 2006 meeting.
Agenda Information Sheet
December 12,2006
Page 2
PRINCIPAL PLACE OF BUSINESS
Lower Colorado River Authority
Austin, TX
FISCAL INFORMATION
Funds to meet these regulatory fee obligations were budgeted in 2006-2007 budget account
600400.6072.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
l-AIS-File 3638
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE
OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY
TRANSMISSION FEES TO THE LOWER COLORADO RIVER AUTHORITY (LCRA) FOR
PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND
PROVIDING AN EFFECTIVE DATE (FILE 3638-2006 ELECTRICAL ENERGY
TRANSMISSION FEES-LOWER COLORADO RIVER AUTHORITY IN THE TOTAL AMOUNT
OF $142,906).
WHEREAS, in order to comply with the legislative requirements contained in the Utility
Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is
required to pay such fees imposed by the Public Utilities Commission of Texas to the Lower
Colorado River Authority as set forth in Exhibit "A"; and
WHEREAS, the City Manager has reviewed and recommended that the City Council approve
and authorize the payment of such fees; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The expenditure of funds in the amount of $142,906 to be paid to the Lower
Colorado River Authority in the specified amount shown on Exhibit "A", which is attached hereto
and made a part of this ordinance for all purposes, is hereby authorized.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~ ?:~
2-oRD-FTIA38 -
EXHIBIT "A"
Lower Colorado River Authority
$142,906
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 November 27,2006
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Presiding Officer convened into an Open Meeting, Monday, November 27,2006 at
7 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
8 Street, Denton, Texas.
9
10 Present: Chair Newell, Dick Smith, Bill Cheek, Randy Robinson and Bob Bland (arrived at
11 9:06 a.m.)
12
13 Ex Officio Members:
14 George Campbell, City Manager
15 Howard Martin, Assistant City Manager
16
17 Absent: John Baines, excused
18 Phil Gallivan, excused
19
20 OPEN MEETING:
21
22 CONSENT AGENDA:
23 The remaining Consent Agenda Items will be approved with one motion, a second, and by a
24 majority vote of the Public Utilities Board Members who are present.
25
26 1) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing
27 the expenditure of funds for payments by the City of Denton for electrical energy
28 transmission fees to the Lower Colorado River Authority (LCRA) for providing energy
29 transmission services to the City of Denton; and providing an effective date (File 3638-2006
30 Electrical Energy Transmission Fees-Lower Colorado River Authority in the total amount of
31 $142,906).
32
33 2) Consider recommending approval of the unit prices in Bid #3626 and awarding an annual
34 agreement for the purchase of pad mounted Automatic Throw Over (ATO) distribution
35 switchgear from HD Supply, Corinth, Texas, in the annual estimated expenditure amount of
36 $100,270.
37
38 4) Consider recommending adoption of an ordinance of the City of Denton approving a Pipeline
39 Crossing Agreement between the Union Pacific Railroad Company ("UPRR"), and the City
40 of Denton relating to the encroachment of a 16 inch water pipeline, crossing an existing
41 UPRR right-of-way at Mile Post 723.02 as part of the Meadows at Hickory Creek
42 development public improvements, located in the W. Roark Survey Abstract Number 1087,
43 City of Denton, Denton County, Texas.
44
45 5) Consider recommending approval of an Interlocal agreement to provide gas well inspection
46 services to the Town of Highland Village.
47
48 Board Member Dick Smith pulled item 3 for individual consideration.
49
50 Board Member Bill Cheek moved to approve Items 1, 2, 4 and 5 with a second from Board
51 Member Randy Robinson. The motion was approved for a vote of 5-0.
1 Draft Minutes - Public Utilities Board Meeting
2 November 27,2006
3 Page 2 of 4
4
5
6 ITEMS FOR INDIVIDUAL CONSIDERATION:
7
8 3) Consider approval of the purchase of three modular office buildings, currently used by the
9 Denton County Transportation Authority (DCTA), from G.E. Capital Modular Space, of
10 Irving, Texas, for the total price of $52,020.00.
11
12 Board Member Smith asked if the lease payments from DCT A covered the monthly lease
13 payments to G.E. for the modular office buildings.
14
15 Kemler replied that the Solid Waste Department's annual lease payments to G.E. total $12,709,
16 which is recovered through the monthly lease payments collected from the DCT A. DCT A will
1 7 be expanding its site, and will build an additional building for buses as well as adding more
18 parking area. The City and DCT A have entered into a new agreement, which sets a higher
19 monthly rate. At the end of the agreement, if DCT A vacates, the City will own the building.
20
21 Board Member Smith moved to approve with a second from Board Member Bob Bland.
22 The motion was approved by a 5-0 vote.
23
24 7) Consider recommending approval of Bid No. 3606 for the purchase of one 150 MV A, 138kV
25 to 69kV autotransformer and options for Denton Municipal Electric from the bidder who has
26 been determined to be the best value bid.
27
28 Chuck Sears presented this item, a CIP project for the RD Wells Interchange. This unit will
29 bring power from the 138kV system. Currently, DME's major source of power is the TMPA
30 station west of town on 2499 and the west Denton station. When finished, in about a year to a
31 year and one-half, there will be two 600 MV A transformers in that station capable of delivering
32 about 1200 MV A power.
33
34 Sears stated that the consultant believes that the firm DME is recommending has the best
35 engineering team in the world right now; the most advance engineering software and some of the
36 most advanced hardware in the manufacturing facilities.
37
38 Board Member Cheek asked if there would be additional costs.
39
40 Sears replied that additional costs would be related to the construction of the station. There is
41 about $3 million dollars earmarked for relay transmission, the voltage portion, and $1.4 million
42 for the distribution system.
43
44 Board Member Cheek motioned to approve with a second from Board Member Smith.
45 The motion was approved by a 5-0 vote.
46
47 8) Consider recommending approval of additional payments in conjunction with two advanced
48 funding agreements (AFAs) between the City of Denton and the Texas Department of
49 Transportation (TxDOT) for the construction of water and sanitary sewer utility relocations
50 in conjunction with the Loop 288 widening project.
51
1 Minutes - Public Utilities Board Meeting
2 November 27,2006
3 Page 3 of 4
4
5
6 Frank Payne, City Engineer, provided a brief review of this proj ect, which requires the relocation
7 of water and sanitary sewer utilities. Cost estimates were prepared in August 2005, bid in
8 December 2005 with the bid coming in decidedly higher than projected. The projected total cost
9 of the project was just over $29 million with the City's portion at $2,2887,000. The actual low
10 bid for the proj ect came in just under $39 million.
11
12 Staff has attempted, without success, over the past year to negotiate a deductive change order
13 with the contractor. Staff has now received written notification from the State requesting a total
14 of $1,922,200 in additional funding, $474,2220 for water relocations and $1,447.980 for sewer
15 locations. Payne stated that in order for the project to stay on track, payment must be made to
16 the State.
17
18 Smith asked how much construction had been done and if staff was satisfied with the
19 construction. Payne was not sure how much construction had been completed, but guessed that
20 less than 20%, and it appeared that the quality of the construction is good.
21
22 Cheek asked where the additional funding would come from and would staff provide that
23 information at the next meeting under the ACM report.
24
25 Jim Coulter, Director of Water Wastewater Utilities, stated that staff has budgeted that amount in
26 this year's budget but that a report would be provided at the next meeting.
27
28 Board Member Bland motioned to approve with a second from Board Member Robinson.
29 The motion was approved by a 5-0 vote.
30
31 9) Consider recommending of approval of a Professional Services Agreement between the City
32 of Denton and Arthur Surveying Co., Inc. in the not-to-exceed amount of $250,000 for the
33 delivery of routine surveying services on a work order basis during the 2006 - 2007 fiscal
34 year.
35
36 Frank Payne presented information stating that in October 2003, eleven proposals for surveying
37 services were submitted and reviewed. The top five proposals were ranked according to criteria
38 assessing demonstrated competence and qualifications to perform the services required. Arthur
39 Surveying was ranked highest and was contracted for a total not-to-exceed amount of $324,500
40 for surveying services for fiscal year 2003-04. Arthur Surveying provided overall good results
41 and good technical data for a total of approximately $295,00 by the end of the fiscal year and has
42 demonstrated consistent spending keeping prices the same over the last four years.
43
44 Board Member Cheek motioned to approve with a second from Board Member Bland.
45 The motion was approved by a 5-0 vote.
46
47 10) Consider recommending for approval the refunding of $16,145,000 of revenue bonds from
48 the 1998A Series.
49
50 Gary Calmes, Utilities Financial Administrator, presented this item stating that this is the last 7
51 years of a 30-year debt of recallable bonds for Lake Ray Roberts. By refunding approximately
52
1 Minutes - Public Utilities Board Meeting
2 November 27,2006
3 Page 4 of 4
4
5
6 $16 million in utility system bonds issued for the Water System, there is an estimated savings of
7 5.2% or $846,000 and total savings over the life of the debt of $2.4 million. The refunding will
8 provide approximately $100,000 annual savings on the debt service payment.
9
10 Board Member Robinson motioned to approve with a second from Board Member Smith.
11 The motion was approved by a 5-0 vote.
12
13 The meeting was adjourned by consensus at 10:15 a.m.
14
AGENDA INFORMATION SHEET
AGENDA DATE: December 12,2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Frank Payne 349-8946
ACM:
Jon Fortune
.
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of the Cook Street Waterline and Repaving Project for the City of
Denton; providing for the expenditure of funds therefore; and providing an effective date (Bid
3586-Cook Street Waterline and Repaving awarded to Jagoe-Public Company in the amount of
$178,599.50).
BID INFORMATION
The Cook Street Water Line and Repaving project from Robertson Street to Mill Street was
funded in 2006 as part of the Community Development Block Grant (CDBG) Program for the
purpose of constructing pavement and water improvements in Cook Street from Robertson Street
to Mill Street.
The project consists of two parts, Subtotal Bid A and Subtotal Bid B. Subtotal Bid A includes
the installation of 822 feet of 6-inch water line and Subtotal Bid B includes the reconstruction of
1,633 square yards of 7-inch asphalt pavement. The Total Base Bid is the sum of these two
subtotal bids. For Subtotal A the existing 4-inch and 6-inch water lines will be abandoned in
place and the existing service lines will be reconnected to a new 6-inch water main. For Subtotal
B, the existing asphalt pavement and concrete curb and gutter will be removed, the underlying
soil materials will be stabilized with lime, and seven (7) inches of new hot mix asphaltic concrete
(HMAC) pavement with new curb and gutter will be constructed on top of the new stabilized
subgrade.
Bids for the construction phase of this project were received on November 2, 2006. There were
a total of three bidders with bids ranging from $178,599.50 to $199,661.80 for the Total Base
Bid.
RECOMMENDATION
Award to Jagoe-Public Company in the amount of$178,599.50.
PRINCIPAL PLACE OF BUSINESS
Jagoe-Public Company
Denton, TX
Agenda Information Sheet
December 12, 2006
Page 2
STAFF COST ESTIMATE
The engineer's opinion of probable construction cost for this project was approximately
$130,000.00 for the Total Base Bid.
ESTIMATED SCHEDULE OF PROJECT
This project is scheduled to begin in January 2007 and end in March 2007.
FISCAL INFORMATION
Funding for this project will come from the following account: Cook Street Water Line and
Repaving: 902005056.1360.40100.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
Attachment 2: Contractor Recommendation Letter
l-AIS-Bid 3586
Attachment 1
Bid #3586
Date: November 2, 2006
Cook Street Water Line and Repaving
Quality Jagoe-Public Co. JRJ Paving, LP
Excavation, Ltd.
Place of Business: Au brey, TX Denton, TX Denton, TX
COOK ST. WATER LINE SUBTOTAL BID A $83,100.00 $82,957.50 $95,875.00
COOK ST. REPAVING SUBTOTAL BID B $99,715.30 $95,642.00 $103,786.80
TOTAL BASE BID - Subtotal Bid A plus $182,815.30 $178,599.50 $199,661.80
Subtotal Bid B
Bid Bond Yes Yes Yes
Addendum #1 Yes Yes Yes
Addendum #2 Yes Yes Yes
Addendum #3 Yes Yes Yes
Attachment 2
Memorandum
To: Tom Shaw, C.P.M. - Purchasing Agent
From: Jim Wilder, P.E. - Engineer
cc: Frank G. Payne, P.E. - City Engineer
Date: 12/6/2006
Re: Cook Street Water Line and Repaving - Bid No. 3586
Please see the attached tabulation of bids opened at 2:00 pm on Thursday, November 2, 2006 for
the Cook Street Water Line and Repaving project from Robertson Street to Mill Street, City of
Denton Bid No. 3586. As you know, the bid documents included two phases of work, Subtotal Bid
A and Subtotal Bid B, which together constitute the Total Base Bid. The lowest responsive bidder
for the project is Jagoe-Public Company with a Total Base Bid of $178,599.50. This bid is
approximately 370~ greater than the engineer's opinion of probable construction cost for the Total
Base Bid. The reason for this difference was mainly due to the fact that the major bid items for
this project, asphalt pavement and water line installation, came in much higher than anticipated.
However, additional funding has been obtained through CDBG funds to allow the project to be
built.
Inasmuch as the bids received from Jagoe Public Company can be covered by the additional
CDBG funding, and inasmuch as Jagoe Public Company can be deemed to be the "lowest
responsive, responsible" bidder, we recommend the City of Denton enter into a contract with them
in the amount of $178,599.50 for the Total Base Bid.
I trust this recommendation and attached bid tabulation meets with your needs for moving forward
with City Council approval. If you have any questions or need additional information or
clarification, please do not hesitate to contact me.
Thank you for your assistance with this project.
R:\December 2006 Agendas\December 12, 2006\Backup\Bid 3586 Cook Street Waterline and Repaving\3-BU-Bid 3586.doc
Exhibit 2
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE COOK STREET WATERLINE AND
REPAVING PROJECT FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3586-COOK STREET
WATERLINE AND REPAVING AWARDED TO JAGOE-PUBLIC COMPANY IN THE
AMOUNT OF $178,599.50).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER
3586
CONTRACTOR
Jagoe-Public Company
AMOUNT
$178,599.50
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. Upon acceptance and approval of the above competitive bids and the execution
of contracts for the public works and improvements as authorized herein, the City Council hereby
authorizes the expenditure of funds in the manner and in the amount as specified in such approved
bids and authorized contracts executed pursuant thereto.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~~~
4-0RD-BjKf586 . .
AGENDA INFORMATION SHEET
AGENDA DATE: December 12,2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Frank Payne 349-8946
ACM:
Jon Fortune
II
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager or his designee to execute a
professional services agreement with the firm of Arthur Surveying Co., Inc. to provide
professional surveying services in support of the City of Denton Engineering Department;
authorizing the expenditure of funds therefore and providing an effective date (PSA 3219-in an
amount not to exceed $250,000). The Public Utilities Board recommends approval (5-0).
PSA INFORMATION
The City of Denton Engineering Department desires to contract with a qualified surveying firm
for the delivery of routine surveying services on a work order basis during the 2006-07 fiscal
year. Surveying services will include, but not be limited to, providing construction staking, field
design surveys, topographic surveys, boundary surveys and analysis, preparation of easement or
right-of-way exhibits, GPS monument placement, and other professional surveying services as
required. A detailed description of the history of the City's contract with Arthur Surveying is
provided in the attached Public Utility Board agenda information sheet (Attachment 1).
The award of this agreement for 2006-07 will extend the same services that Arthur Surveying
has provided since October 2003, with no change in price, terms, or conditions (Attachment 2).
Section 252.022 of the Local Government Code provides that professional services do not have
to be bid.
PRIOR ACTIONNIEW (COUNCIL.. BOARDS.. COMMISSIONS)
The Public Utilities Board approved this item at its November 27, 2006 meeting.
RECOMMENDA TION
We recommend award of PSA 3219 to Arthur Surveying Co., Inc. in an amount not to exceed
$250,000 for the 2006-07 fiscal year.
PRINCIPAL PLACE OF BUSINESS
Arthur Surveying Co., Inc.
Lewisville, TX
Agenda Information Sheet
December 12,2006
Page 2
ESTIMATED SCHEDULE OF PROJECT
This Professional Services Agreement will begin upon Council approval and be in effect for one
year with an estimated expenditure of $250,000.
FISCAL INFORMATION
Funding for this service will be provided from individual project accounts for each department.
All surveying for the Engineering department will be funded from account 630400.7875.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: PUB Agenda Information Sheet (Exhibits Not Included)
Attachment 2: Letter from Arthur Surveying
1-AIS-RFP 3219 2006-07
Attachment 1
PUB AGENDA ITEM #
PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET
AGENDA DATE: November 27,2006
DEPARTMENT: Utility Administration
ACM: Howard Martin, Utilities 349-8232
SUBJECT
Consider approval of a Professional Services Agreement between the City of Denton and Arthur
Surveying Co., Inc. in the not-to-exceed amount of $250,000 for the delivery of routine
surveying services on a work order basis during the 2006 - 2007 fiscal year.
BACKGROUND
In October of 2003, eleven proposals for survey services were submitted for evaluation. A
selection committee consisting of representatives from Engineering, Water Utilities, Purchasing,
and Electric Utilities reviewed the proposals. The top five proposals were ranked according to
their response to criteria assessing demonstrated competence and qualifications to perform the
services required. The Selection Committee ranked Arthur Surveying Co., Inc. the highest based
on the information submitted in their response. Subsequent to selection, negotiations with
Arthur Surveying resulted in rates for survey crews, registered professional land surveyors, and
administrative support that were at or below levels funded within the Engineering Department
budget for these services at that time. Arthur Surveying Co., Inc. was ultimately under contract
for a total not-to-exceed amount of $324,500 with the City for surveying services for fiscal year
2003 - 2004 as a result of the high level of CIP project activity at that time; although, a total of
only approximately $295,000 was actually expended before the end of the fiscal year.
In September of 2004, the Engineering Department approached Arthur Surveying Co., Inc. and
asked if they would be interested in performing the same services for fiscal year 2004 - 2005
under the same terms and conditions and at the same rates as the previous fiscal year. Arthur
accepted this offer and expressed their willingness to renew the contract. The contract was
authorized at $150,000 for that fiscal year. This lower amount was considered justified at the
time because of a slowdown in the CIP and uncertainty over long term staffing and program
needs in the Engineering Department. The contract was amended in August 2005 to a total of
$225,000 to cover actual and projected expenditures beyond the original contract amount
between that time and the end of the fiscal year.
In July 2005, the Utility and CIP Engineering division of Water Utilities approached Arthur
again to ascertain if Arthur was again interested in renewing the contract for the 2005 - 2006
fiscal year in not-to-exceed amount of $200,000. Arthur accepted this offer and expressed their
willingness to renew the contract. The contract was amended in November 2006 to a total of
$260,000 to cover actual and projected expenditures beyond the original contract amount
between that time and the end of the fiscal year.
Attachment 1
The Utility and CIP Engineering division of Water Utilities approached Arthur this year for an
additional renewal of the contract, after confirming the legality of this action through the
Purchasing Department. Arthur agreed to the renewal at the same rates (refer to their letter
attached as Exhibit 1). The contract amount for the 2006 - 2007 fiscal year is a not-to-exceed
amount of $250,000.
The Professional Services Agreement for Architect or Engineer has also been included with this
Agenda Information Sheet. Please see Exhibit 2.
OPTIONS
1. Approve the Professional Services Agreement.
2. Reject the Professional Services Agreement.
RECOMMENDA TION
Staff recommends approval of the Professional Services Agreement between the City of Denton
and Arthur Surveying Co., Inc. in the amount of $250,00 for Surveying Services in support of the
Utility and CIP Engineering division.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
1. Initial contract with Arthur Surveying Co., Inc. approved by City Council on October 7,
2003.
2. Contract with Arthur Surveying Co., Inc. renewed or reauthorized by City Council on
September 21, 2004.
3. Contract with Arthur Surveying Co., Inc. renewed or reauthorized by City Council on
September 20, 2005.
FISCAL INFORMATION
Survey services associated with this contract are to be paid for on an "as-needed" or "as-
authorized" depending on the availability of funds in the various using department budgets or in
the CIP projects on which Arthur Surveying Co., Inc. is to be utilized. The award of this
agreement for 2006-07 will extend the same services with no change in price, terms, or
conditions.
BID INFORMATION
Not applicable. Section 252.022 of the Local Government Code provides that professional
services do not have to be bid.
DATE SCHEDULED FOR COUNCIL APPROVAL
December 12, 2006
EXHIBITS
1. Arthur Surveying Letter
3. Professional Services Agreement
Respectfully submitted,
Howard Martin
Assistant City Manager
Attachment 1
Prepared by
Frank G. Payne, P.E.
City Engineer
Revised 7/2004
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF
ARTHUR SURVEYING CO., INC. TO PROVIDE PROFESSIONAL SURVEYING
SERVICES IN SUPPORT OF THE CITY OF DENTON ENGINEERING
DEP AR TMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR AND
PROVIDING AN EFFECTIVE DATE (PSA 3219-IN AN AMOUNT NOT TO EXCEED
$250,000).
WHEREAS, the professional services provider (the "Provider) mentioned in this
ordinance is being selected as the most highly qualified on the basis of its demonstrated
competence and qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are
consistent with and not higher than the recommended practices and fees published by the
professional associations applicable to the Provider's profession and such fees do not
exceed the maximum provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a professional
service contract with Arthur Surveying Co., Inc. to provide professional surveying services
for the City of Denton Engineering Department, a copy of which is on file in the office of
the Purchasing Agent and incorporated by reference herein.
SECTION 2. The City Manager, or his designee, is authorized to expend funds and
to exercise all rights and duties of the City of Denton as required by the attached contract.
SECTION 3. The findings in the preamble of this ordinance are incorporated herein
by reference.
SECTION 4. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of
,2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~~~
4-0RD-PS~19 Renewal for 2006-= - --
.. ~
. . 1" ~
PROFESSIONAL SERVICES AGREEMENT
FOR ARCIDTECT OR ENGINEER
fI,
. THIS AGREEMENT is made and entered into as of the / ~ - day of
/VIV. , 2006, 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 Arthur Surveying Co., Inc., with its corporate office at 220 Elm Street,
Suite 200, PO Box 54, Lewisville, TX 75067 hereinafter called "Design Professional," acting herein,
by and through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do mutually
agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to perform the services
as described herein and in the Proposal, the General Conditions, and other attachments to this
Agreement that are referenced in Section 3, in connection with the Project. The Project shall include,
without limitation, (describe the Project in the space below or in an attachment)
Indefinite Delivery Surveying Services- with Attachments A, B and C
Page 1
S:\prch\.A.genda\Agenda 2006-2007\December 12, 2006\3219 Arthur Surveying Contract for 2006-o7.doc
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 not exceed $250,000 without additional
authorization from the Ovvner.
2.1.2 Progress payments for Basic Services shall be paid at hourly reimbursable rates in accordance
with Attachment 'B' and 'c' for services performed by the Design Professional, plus any direct cost
reimbursables.
2.2 REIMBURSABLE EXPENSES Reimbursable Expenses shall generally be a multiple of 1.10 times
the expenses incurred by the Design Professional, the .Design Professional's employees and consultants in
the interest of the Project as defmed in the General Conditions. Reimbursable expenses as agreed to
between the Owner and Design Professional are described in more detail in Attachment 'C'.
SECTION 3
ENTIRE AGREE:MENT
This Agreement includes this executed agreement and the following documents all of which are attached
hereto and made a part hereofby reference as iffully set forth herein:
1. Applicable portions of the City of Denton General Conditions to Agreement for Architectural
or Engineering Services.
2. Attachments A through C'
This Agreement is signed by the parties hereto effective as of the date frrst above written.
Page 2
S:\prch\Agenda\Agenda 2006~2007\December 12~ 2006\File 32192006-07\3219 Arthur Surveying Contract for 2006-07. doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTORNEY
BY:
WITNESS:
BY: ~c(! cI{~
CITY OF DENTON
BY:
GEORGE C. CAMPBELL
CITY MANAGER
S:\prch \Agenda\Agenda 2006-2007\December 12, 2006\3219 Arthur Surveying Contract for 2006-07. doc
Page 3
CITY OF DENTON
GENERAL CONDmONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCBlTEcr OR ENGINEER'S RESPONSffiILITIES
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 'Proposa1~') to which these
General Conditions are attached) perfonned by the Architect or Engineer (hereinafter called the ''Design Professionar~ or Design Professionars employees and consultants as
enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the ~~ervices').
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 orclinarily
exercised by members of the same profession currently practicing in the same locality under similar conditions,. including reasonable, informed judgments and prompt timely
actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent 'With the Degree of Care necessary for the orderly progress of the Project
Upon request of the Chvner}' the Design Professional shall submit for the Owners approval a schedule for the peIfonnance of the Services which may be adjusted as the Project
proceeds, and shall include allowances for periods of time required for the Owners review and for approval of subrriissions by authorities having jmisdiction over the Project.
Time limite; 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 Professiona1~s Basic Services consist of those descnbed in Sections 2.2 through 2.6 of these General Conditions and include
without limitation nonnal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of
Construction Documents, as descnbed 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 Professional7 in consultation with the Owner,. shall develop a "Written program for the Project to ascertain Ownerts needs and to establish the
requirements for the Project
2~2.2 The Design Professional shall provide a preliminary evaluation of the Ownerts program, construction schedule and construction budget requirements, each in
tenns of the other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Chvner alternative approaches to design and construction of the Project.
2..2.4 Based on the nrutually 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 constrncting 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 budgetJ the Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting" of drawings and other documents to fix and descnbe the size and
character of the Project as to architectural, structurat 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 Owners 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 O\vner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as descnbed
in Section 2.2.5~ -
2A CONSTRUcnON DOCUMENTS PHASE
2A.l Based on the approved Design Development Documerits 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 Docwnents 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 bidmng or procurement information, bidding or procurement fonns,. the
Conditions of the contrac~ and the form of Agreement between the Owner and contractor.
2..4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminmy estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Design Professional shall assist the Owner in cOIlllection Vlith the Owner's TeSpOIlSlbility for filing documents required for the approval of governmental
authorities having jurisdiction over the Project
2.5 CONSTRUcnON CONTRACf PROCURE:MENT
2.5.1 The Design Professional, following the Owners approval of the Construction DocumentB 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 includmg Vlithout
Page 4
S :\prch\Agenda \Agenda 2006~2007\December 12, 2006\3219 Mhur Surveying Contract for 2006-07.doc3219 Contract for 2006-07
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 Ovm.er.
2.S~ 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 1he approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCI10N PHASE - ADMINISTRATION OF THE CONSTRUCfION CONTRAcr
2.6..1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement connnences 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 AlA 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, tmless otherwise
provided in the Agreement.
2.63 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 (l) 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 behalf of the
Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument
2.6.5 The Design 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 detennine if the work is being petforrned 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 onoosite 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 Ovmer. The Owner's approval, acceptance,. use of or
payment for all or any part of the Design Professionars Services hereunder or of the Project itself shall in no way alter the Design Professionars 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~ teclmiques, sequences or
procedures, or for safety precautions and programs in cormection with the work. The Design Professional shall not be responSlble 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 omis-
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 perfonning 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 tllay otherwise be provided in the Contract Documents or when direct connnunications have been specially authorized~ the Owner and Contractor
shall communicate through the Design Professional. Connnunications by and with the Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional
shall review and certify the amormts due the Contractor.
2.6..10 The Design Professionars 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 Contractors. 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 ammmt certified. However, the issuance ofa Certificate for Payment shall not be a representation that
the Design Professional has (1) reviewed construction means} methods~ teclmiques~ sequences or procedures, or (2) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum
2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documentc;. Whenever the Design
Professional considers it necessary or advisable for implementation of the intent of the Contract Documen~ 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 responSlbility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
performing portions of the work._
2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and
Samples for the purpose of (1) detennining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when
completed, will be in compliance with the requiremenn; of the 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 contractorsJ while allowing sufficient time in the Design Professionars professional judgment to
permit adequate review~ Review of such submittals is not conducted for the PUIpOSe of detennining the accuracy and compJeteness of other details such as dimensions
and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor;t 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
orJ unless othenvise specifically stated by the Design Professional, of construction means, methods} teclmiques~ 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 of petfonnance characteristics
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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 perfonnance 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 Profussional as provided in Subsections 3.1.1 lIlld 3.3.3. for the Owner's approval and execution in accordance with the Contract Documents, lIlld may
authorize minor changes in the work not inVOlving an adjustment in the Contract Swn 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 lIlld Final Completion, lIlld 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 iina1 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 IlIlder the requirements
of the Contract Documenm on written request of either the Ovmer 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 fonn of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance Vlith all the provisions of this
Agreement and in the absence of negligence.
2..6..17 The Design Professional shall render Mitten decisions within a reasonable time on all claims~ disputes or other matters in question bet\Veen 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) sha1l render services IlIlder 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
righ~ the Owner may have under the Agreement or diminish any of the Design Professionars 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 tmless 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 descnbed under Sections 3.2 and 3.4 shall only be provided if
authorized or con:finned in vvriting by the Owner. If senrices descnbed under Contingent Additional SeIVices in Section 3.3 are required due to circumstances beyond
the Design Professionars 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 PROJEer REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on-site responsibilities.
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 ADDmONAL SERVICES
3..3.1 Making material revisions in Drawings, Specifications or other docwnents when such revisions are:
1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Ownerts
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 marmer.
3.3.2 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.
3.3~ 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 perlormance
of either the Owner or Contractor under the Contract for Construction.
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3.3~6 Providing services in evaluating an extensive nmnber of claims submitted by the Contractor or others in connection with the work.
33~ 7 Providing senrices in connection with a public hearin,& 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 comection
with bidding or construction prior to the completion of the Construction Documents Phase.
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary" all services descn"bed 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 heperfonned by the Design Professional as a part of the
Basic Services illlder 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 ADDIDONAL 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
3.4A Providing services relative to future facilities, systems and equipment
3A.5 Providing services to investigate existing conditions or facilities or to make measured dravvings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other infonnation furnished by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Ownerts own forces and coordination of services required in cormection with
construction performed and equipment supplied by the Owner.
3A~8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of Operating and maintenance costs.
3.4..10 Making investigations, inventories of materials or equipment;9 or valuations and detailed appmisaIs of existing facilities.
3~4..12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance and consultation during operation.
3A.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture,. finnishings and related
equipment.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the OMler of1he final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3~4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of
Basic Services.
3..4~16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted. architectuIal
practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
struction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional.
3.4..18 Nonvithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all seIVices descnbed 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 petformed 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 Professiona17s obligations under this Subsection 3.4.18.
ARTICLE 4 OWNER'S RESPONSmaITIES
4.1 The Owner shall consult vr.ith the Design Professional regarding requirements for the Project, including (1) the Owners objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment systems and site requirements,. as more speci-
fically descnoed in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies
related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall fUrnish evidence that financial arrangements have been made to fulfill the Owner's obligations Wlder this
Agreement.
4..4 The O\vner shall designate a representative authorized to act on the Owners 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.
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45 Where applicable" the Ovmer shall furnish surveys descnOing physical characteristics~ legal limitations and utility locations for the site of the Project, and a written
legal description of the site. The SutVeys and legal infonnation 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 SUIVey shall be referenced to a project benchmark.
4.6 Where applicable, the Owner shall furnish the services of geoteclmical 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, evaluatims of hazardous materia1s~ ground corrosion and re-
sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recorrnnendations.
4.6.1 The Owner shall furnish 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 fumish structural, mechanical, chemical, air and water pollution tests, tesm 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 senrices the
Owner may require to verify the Contractorls Applications for Payment or to ascertain how or for what putposes the Contractor has llSed the money paid by or on
behalf of the Owner.
4.9 The SeMces, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Ownerls expense, and the Design
Professional shall be entitled to rely upon the accmacy and completeness thereof in the absence of any negligence on the part of the 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 nonconfonnance 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 CONSTRUCIlON COST
5~1 CONSlRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional.
5.1..2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the O'Mler 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. additiont 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 Professionars consultants) the costs of the land, rights-of-\VaY,
financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSm~1TY FOR CONSTRUCTION COST
5..2~1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Cons1ruction Cost prepared by the Design
Professional represent the Design Professionars best judgment as a design professional familiar with the construction industty. It is recognized, however, that neither
the Design Professional nor the Owner has cootrol over the cost of labor, materials or equipment, over the Contractor's methods of detennining bid prices, or over
competitive bidding or market conditions. Accordingly, the Design Professional carmot 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 prepar~d 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, lIDless
. such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted
to include contingencies for design, bidding and price esca1ation~ to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit Fixed limits, if any, shall be increased in the amotmt of an increase in the Contract Sum occuning after execution of the Contract
for Constli.1ction.
5.2..3 If the Procurement Phase has not connnenced 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
of the Construction Documents to the Owner and the date on which proposals are sought
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6~1 The Drawings~ Specifications and other documents prepared by the Design Professional for this Project are instnnnents of the Design Professional's service and shall
become the property of the Owner upon tennination 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 Projec~ 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 infonnation or materials developed pursuant to the Agreement in another project or for other pUlposes than are specified in the Agreement, the Design
Professional is released from any and all liability relating to their use in that project
6.2 Submission or distnbution of documents to meet official regulatmy 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.
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ARTICLE 7 lERMlNATION, SUSPENSION OR ABANDONMENT
7..1 The Design Professional may tenninate the Agreement upon not less than thirty days written notice should the Owner fail substantiaJly to petfonn in accordance with the
terms 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 shaU 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 Ovvner upon termination of the
Agreement and shall be promptly delivered to the Owner in a reasonably organized form Should Owner subsequently contract with a new 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 Ovmer for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to
notice of such suspension. When the Proj ect is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the intenuption
and resumption of the Design Professionars SeMces.
7..3 The Agreement may be tenninated 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 tenninate 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 shall be considered substantial non-
perfonnance and cause for tenninatioo.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for SeMces 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 oftennination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily perlbnned" prior to
termination.
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 persotmel 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 Professionars 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 cormection with authorized out-of-town travel; long-distance connnunications;
and fees paid for securing approval of authorities havingjurisdiction 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 Dra:wings,
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 ofrenderings-, models and mock-ups requested by the Owner.
8.2.1.5 Expense ofcotnputer-aided design and drafting equipment time when used in cmmection 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
8.3..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 Dot constructed, compensation for
those portions of the Project shall be payable to the extent seIVices 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 ADDmONAL SERVICES
8..4..1 Payments on account of the Design Professionars Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the
presentation to the Ovvner of the Design Professionars statement of services rendered or expenses incurred~
8..5 PAYMENTS WITHHELD No deductions shall be made from the Design Professionalrs 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 respOIlSlble.
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8.6 DESIGN PROFESSIONALtS 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 INDE:MNlTY
9.1 The Design Professional shall indenmify 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 1iability 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 equityJ to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental i:rnrrnini ty, 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,DOO 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 Deleted
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 Ovro.er, and each policy shall contain a provision that such insurance shall not be canceled Dr
modified without thirty (30) days' prior \VIi tten notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the
change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11..] The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action tmder the Agreement shall lie exclusively in Denton County,
T~. .
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 tenn 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 intetpreting 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 ofpriorvmtten approval of Owner} the Design Professional shall have the right to include representations of the design of the Project, incIudingphotographs
of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's
confidential or proprietary infonnation 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
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"
su bcontractors, 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 noticesJ communications, and reports required or pennitted 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 Agreemen4 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.
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1 t.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.
iI.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 any way affect the substantive terms or conditions of the Agreement.
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ATTACHMENT 'A'
SCOPE OF BASIC SERVICES
The scope of Basic Services for this project generally eonsists of professional surveying services
in support of the City of Denton (Owner) as administered by the City of Denton Engineering
Department Services will be on an indefinite delivery basis for specific tasks or projects as
requested by City staff. The total amount of work is undetermined and may be limjted by the total
maximum compensation indicated in Section 2, Compensation, of the Professional Services
Agreement. Specific tasks may include the following:
· Construction staking
· Field design surveys
· Topographic surveys
· Boundary surveys and analysis
· Preparation of easement or right-of-way exhibits
· GPS men ument placement
· other professional surveying services as requested
All survey services will be performed under the direct supervision of a Registered Professional
Land Surveyor (RPLS) licensed to practice in the State of Texas. The Design Professional will
seal all boundary surveys and other documents requiring the seal of an RPLS. All surveying
services will meet or exceed the minimum standards of practice established by the Texas Board
of Professional Land Surveyors. In addition to field crew(s), the Design Professional will provide
the sesvices of an RPlS and/or sUJVey technician to support the field crew I both to prepare
materials prior to field work and to compile, analyze or map the information gathered by the field
crew or to otherwise prepare the work of the field crew for deJivery to the Ownert
PROCEDURE
A representative of the Owner will provide the Design Professional with a written Survey Request
Form. This request will provide a minimum of forty-eight (48) hours notice of the need for specific
services and will outline briefly the nature of the work to be provided along with the. necessary
.. timeline. If the Design Professional is unable to meet the required schedule, he will notify the
Owner within twenty-four (24) hours so that other provisions or a revised schedule can be
a rranged~
Once the Design Professional has reviewed the preliminary information provided with the Survey
Request Form and has agreed to accept the specific assignment as detailed. the Owner will
provide detailed information find uding written instructions; construction plans or drawingsl deeds,
sketches, electronic drawing tiles, or any other infonnation necessary to complete the
assignment~
Upon review of the detailed information, the Design Professional will provide an estimate of the
effort and/or cost of services to the Owners designated representative~
Upon completion of the work, the Design Professional will provide electronic files, plots, maps,
exhibits, field notes, point files, and/or other materials as requested by the Owner. Deliverables
will be produced and transmitted to the Owner using standards established and set forth by the
City of Denton Engineering Department.
H:\Survey Serv:ices\Contract 2006\Attachment A.doc
Exhibit A - Page 1
ATTACHMENT 'B'
SCHEDULE OF FEES
A. BASIC SERVICES:
For work performed by the Design Professional within the scope identified in Attachment A,
Scope of Basic Services, the Design Professional will be reimbursed as described below:
1. Labor
Design Professional shall be reimbursed on the basis of negotiated fees for each
item of service provided, as mutually agreed to by the Design Professional and the
Owner, or on the basis of labor of personnel employed by the Design Professional on
an hourly basis in accordance with.ATTACHMENT 'C', Standard Rate Schedule for
Reimbursable/Multiplier Contracts. \Nhen services are based on hourly reimbursable
rates, the time charged will not include travel time to the project site from the
Lewisville office of the Design Professional and will cease upon completion of the
task in Denton. No travel time will be charged by the Design Professional.
2~ Direct EXDenses
Direct expenses, such as printing, reproductions, delivery/courier services, etc. will
be reimbursed to the Design Professional at his direct invoice expense times a
multiplier as set forth in Attachment 'C'. Where appropriate, a not-to-exceed amount
will be established and agreed to for each item of service provided.
H~ \Survey Services\Contract 2006\.A:ttachmem B.doc
Exhibit B - Page 1
:lo
ATTACHMENT 'C'
STANDARD RATE SCHEDULE FOR
REIMBURSABLElMUL TJPLIER CONTRACTS
(to be attached by the Design Professional)
H:\Survey Services\Contract 2006\Attachment C.doc
Arthur Surveying Co., Inc.
Professional Land Surveyors
220 Elm Street Suite #200
P~O. Box 54
Lewisville, Texas 75067
(972) 221..9439 Fax (972) 227 -4675
SCHEDULE OF HOURLY RATES
220 Elm Street, Suite #200
Lewisville, Texas 75067
Effective January 2003
Registered Professional Land Surveyor
Project Representative
Senior Technician
Junior Technician
Survey Coordinator
Office Manager
Office Clerical
Conventional Field Crew/ Junior Party Chief
Conventional Field Crew! Senior Party Chief
GPS Field Crew
$100.00 per hour
$50..00 per hour
$75..00 per hour
$45.00 per hour
$50..00 per hour
$50.00 per hour
$30.00 per hour
$8 0 ~ 00 per hour
$100..00 per hour
$125 .00 p~r hour
STAKES: Stakes will be charged at cost + 10% if an excessive number are required.
(Typically included in crew rate..)
IRONS: Irons will be charged at cost + 10% if an excessive nwnber are required.
(Typically included in crew rate.)
SPECIAL MONUMENTS: Special Monwnents will be charged at cost + 10%.
SPECIAL EQUIPtvlENT: Any special equipment required on ajob will be charged at
rental cost + 1 O%~
OVERTIME RATES: Jobs requiring work on weekends or holidays will be billed at 1.5 times
the standard rate..
Each project is evaluated to determine the best/most cost effective personnel for that particular
project. The number of persons on a iield crew is determined in the same manner. There is
no cost difference in a 2 or 3 man crew~
SCHEDULE OF REIMBURSABLE EXPENSES
Reproduction-Out of-House
Vellum Prints
Mylar Prints
Bond Prints
Actual Expense x 1.5
$10.00 / sheet
$ 20..00 I sheet
$1.50 / sheet
Boundary surveys, exhibits, etc. requiring a lump sum price, please call for a
quote @ 972-221-9439.
-
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 November 27,2006
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Presiding Officer convened into an Open Meeting, Monday, November 27,2006 at
7 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
8 Street, Denton, Texas.
9
10 Present: Chair Newell, Dick Smith, Bill Cheek, Randy Robinson and Bob Bland (arrived at
11 9:06 a.m.)
12
13 Ex Officio Members:
14 George Campbell, City Manager
15 Howard Martin, Assistant City Manager
16
17 Absent: John Baines, excused
18 Phil Gallivan, excused
19
20 OPEN MEETING:
21
22 CONSENT AGENDA:
23 The remaining Consent Agenda Items will be approved with one motion, a second, and by a
24 majority vote of the Public Utilities Board Members who are present.
25
26 1) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing
27 the expenditure of funds for payments by the City of Denton for electrical energy
28 transmission fees to the Lower Colorado River Authority (LCRA) for providing energy
29 transmission services to the City of Denton; and providing an effective date (File 3638-2006
30 Electrical Energy Transmission Fees-Lower Colorado River Authority in the total amount of
31 $142,906).
32
33 2) Consider recommending approval of the unit prices in Bid #3626 and awarding an annual
34 agreement for the purchase of pad mounted Automatic Throw Over (ATO) distribution
35 switchgear from HD Supply, Corinth, Texas, in the annual estimated expenditure amount of
36 $100,270.
37
38 4) Consider recommending adoption of an ordinance of the City of Denton approving a Pipeline
39 Crossing Agreement between the Union Pacific Railroad Company ("UPRR"), and the City
40 of Denton relating to the encroachment of a 16 inch water pipeline, crossing an existing
41 UPRR right-of-way at Mile Post 723.02 as part of the Meadows at Hickory Creek
42 development public improvements, located in the W. Roark Survey Abstract Number 1087,
43 City of Denton, Denton County, Texas.
44
45 5) Consider recommending approval of an Interlocal agreement to provide gas well inspection
46 services to the Town of Highland Village.
47
48 Board Member Dick Smith pulled item 3 for individual consideration.
49
50 Board Member Bill Cheek moved to approve Items 1, 2, 4 and 5 with a second from Board
51 Member Randy Robinson. The motion was approved for a vote of 5-0.
1 Draft Minutes - Public Utilities Board Meeting
2 November 27,2006
3 Page 2 of 4
4
5
6 ITEMS FOR INDIVIDUAL CONSIDERATION:
7
8 3) Consider approval of the purchase of three modular office buildings, currently used by the
9 Denton County Transportation Authority (DCTA), from G.E. Capital Modular Space, of
10 Irving, Texas, for the total price of $52,020.00.
11
12 Board Member Smith asked if the lease payments from DCT A covered the monthly lease
13 payments to G.E. for the modular office buildings.
14
15 Kemler replied that the Solid Waste Department's annual lease payments to G.E. total $12,709,
16 which is recovered through the monthly lease payments collected from the DCT A. DCT A will
1 7 be expanding its site, and will build an additional building for buses as well as adding more
18 parking area. The City and DCT A have entered into a new agreement, which sets a higher
19 monthly rate. At the end of the agreement, if DCT A vacates, the City will own the building.
20
21 Board Member Smith moved to approve with a second from Board Member Bob Bland.
22 The motion was approved by a 5-0 vote.
23
24 7) Consider recommending approval of Bid No. 3606 for the purchase of one 150 MV A, 138kV
25 to 69kV autotransformer and options for Denton Municipal Electric from the bidder who has
26 been determined to be the best value bid.
27
28 Chuck Sears presented this item, a CIP project for the RD Wells Interchange. This unit will
29 bring power from the 138kV system. Currently, DME's major source of power is the TMPA
30 station west of town on 2499 and the west Denton station. When finished, in about a year to a
31 year and one-half, there will be two 600 MV A transformers in that station capable of delivering
32 about 1200 MV A power.
33
34 Sears stated that the consultant believes that the firm DME is recommending has the best
35 engineering team in the world right now; the most advance engineering software and some of the
36 most advanced hardware in the manufacturing facilities.
37
38 Board Member Cheek asked if there would be additional costs.
39
40 Sears replied that additional costs would be related to the construction of the station. There is
41 about $3 million dollars earmarked for relay transmission, the voltage portion, and $1.4 million
42 for the distribution system.
43
44 Board Member Cheek motioned to approve with a second from Board Member Smith.
45 The motion was approved by a 5-0 vote.
46
47 8) Consider recommending approval of additional payments in conjunction with two advanced
48 funding agreements (AFAs) between the City of Denton and the Texas Department of
49 Transportation (TxDOT) for the construction of water and sanitary sewer utility relocations
50 in conjunction with the Loop 288 widening project.
51
1 Minutes - Public Utilities Board Meeting
2 November 27,2006
3 Page 3 of 4
4
5
6 Frank Payne, City Engineer, provided a brief review of this proj ect, which requires the relocation
7 of water and sanitary sewer utilities. Cost estimates were prepared in August 2005, bid in
8 December 2005 with the bid coming in decidedly higher than projected. The projected total cost
9 of the project was just over $29 million with the City's portion at $2,2887,000. The actual low
10 bid for the proj ect came in just under $39 million.
11
12 Staff has attempted, without success, over the past year to negotiate a deductive change order
13 with the contractor. Staff has now received written notification from the State requesting a total
14 of $1,922,200 in additional funding, $474,2220 for water relocations and $1,447.980 for sewer
15 locations. Payne stated that in order for the project to stay on track, payment must be made to
16 the State.
17
18 Smith asked how much construction had been done and if staff was satisfied with the
19 construction. Payne was not sure how much construction had been completed, but guessed that
20 less than 20%, and it appeared that the quality of the construction is good.
21
22 Cheek asked where the additional funding would come from and would staff provide that
23 information at the next meeting under the ACM report.
24
25 Jim Coulter, Director of Water Wastewater Utilities, stated that staff has budgeted that amount in
26 this year's budget but that a report would be provided at the next meeting.
27
28 Board Member Bland motioned to approve with a second from Board Member Robinson.
29 The motion was approved by a 5-0 vote.
30
31 9) Consider recommending of approval of a Professional Services Agreement between the City
32 of Denton and Arthur Surveying Co., Inc. in the not-to-exceed amount of $250,000 for the
33 delivery of routine surveying services on a work order basis during the 2006 - 2007 fiscal
34 year.
35
36 Frank Payne presented information stating that in October 2003, eleven proposals for surveying
37 services were submitted and reviewed. The top five proposals were ranked according to criteria
38 assessing demonstrated competence and qualifications to perform the services required. Arthur
39 Surveying was ranked highest and was contracted for a total not-to-exceed amount of $324,500
40 for surveying services for fiscal year 2003-04. Arthur Surveying provided overall good results
41 and good technical data for a total of approximately $295,00 by the end of the fiscal year and has
42 demonstrated consistent spending keeping prices the same over the last four years.
43
44 Board Member Cheek motioned to approve with a second from Board Member Bland.
45 The motion was approved by a 5-0 vote.
46
47 10) Consider recommending for approval the refunding of $16,145,000 of revenue bonds from
48 the 1998A Series.
49
50 Gary Calmes, Utilities Financial Administrator, presented this item stating that this is the last 7
51 years of a 30-year debt of recallable bonds for Lake Ray Roberts. By refunding approximately
52
1 Minutes - Public Utilities Board Meeting
2 November 27,2006
3 Page 4 of 4
4
5
6 $16 million in utility system bonds issued for the Water System, there is an estimated savings of
7 5.2% or $846,000 and total savings over the life of the debt of $2.4 million. The refunding will
8 provide approximately $100,000 annual savings on the debt service payment.
9
10 Board Member Robinson motioned to approve with a second from Board Member Smith.
11 The motion was approved by a 5-0 vote.
12
13 The meeting was adjourned by consensus at 10:15 a.m.
14
AGENDA INFORMATION SHEET
AGENDA DATE: December 12,2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Ross Chadwick 349-8830
ACM:
Jon Fortune
.
SUBJECT
Consider adoption of an Ordinance approving the expenditure of funds for the purchase of radio
system upgrade for the Motorola 800MHz radio system utilized by the City of Denton Police,
Fire and Utility Dispatch Departments 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 3670-Purchase of Radio System Upgrade for Police, Fire and
Utility Dispatch awarded to Motorola, Inc. in the amount of$132,458.53).
FILE INFORMATION
The City of Denton utilizes a proprietary Motorola 800MHz radio system that services 1,400
Police, Fire and Utility Dispatch users. The purpose of this equipment upgrade will allow Police,
Fire and Utility Dispatch direct radio console interoperability from the City of Denton radio
system to Denton County, City of Lewisville and the Town of Flower Mound's radio systems.
Present interoperability methods include the radio users but do not allow for dispatcher support.
This upgrade will allow both users and dispatchers to communicate across the mentioned radio
systems.
Motorola is the sole source for this upgrade as the City of Denton's core radio infrastructure is
Motorola equipment. The equipment that will be installed during the upgrade can only be
obtained from Motorola and be installed by a certified Motorola Service Center. Additionally, to
consider another source would require a complete re-fit of the core radio site including the 1,400
subscriber units. The projected cost for this replacement would exceed $6,500,000. Section
252.022 of the Local Government Code provides that procurement of items that are only
available from one source do not have to be competitively bid.
RECOMMENDATION
Award to Motorola, Inc. in the amount of$132,458.53.
PRINCIPAL PLACE OF BUSINESS
Motorola Inc.
Garland, Texas
Agenda Information Sheet
December 12, 2006
Page 2
ESTIMATED SCHEDULE OF PROJECT
This equipment must be received before the end of February 2007 per the State Homeland
Security Grant requirements.
FISCAL INFORMATION
This project was approved for 100% funding by the u.S. Department of Homeland Security
through the Urban Area Security Initiative Program. The City of Denton account number is
342007.8535.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1 : Quote from Motorola, Inc.
Attachment 2: Sole Source Letter
l-AIS-3670
Attachment 1
Description Part# Qty Unit Price Extended
CEB Upgrade
S2500 MUL TIPROTOCOL WAN ROUTER ST2500 2 $2,821.00 $5,642.00
S2500 ROUTER T1/E1 DAUGHTER BOARD ST2512 2 $728.00 $1,456.00
CENTRACOM GOLD SPARE MODULE, AMBASSADOR B1792 $8,000.00
INTERFACE (AIMI) 4 $32,000.00
SINGLE CEB PS 120/240V 50/60HZ B1820B 1 $4,510.00 $4,510.00
CENTRACOM GOLD FIELD-ADD CEB CARD CAGE B1425 1 $4,318.94 $4,318.94
CENTRACOM GOLD INTERFACE MODULE FOR B1840 $890.52
CONVENTIONAL CHANNEL (BIM) 4 $3,562.08
8 WIRE MOD PROTo , RJ-45 (4 WIRE PROTCTD) OR DSTSJ48CL T $140.14
HARD WIIRED (16 V) T1/E1 4 $560.56
HORIZONTAL RACK BUS BAR FOR TSJ AND WPH DSTSJADP $63.70
SERIES NETWORK PROTECTOR 1 $63.70
CENTRACOM GOLD SOFTWARE REFRESH PACKAGE B1879 1 $0.00
ADD: SOFTWARE REFRESH, ELlTE/ADMIODM/CDM X03 6 $550.00 $3,300.00
ADD: SOFTWARE REFRESH, TIMI X53 2 $1,200.00 $2,400.00
ADD: SOFTWARE REFRESH, COIM OR LOMI X69 7 $800.00 $5,600.00
VHF Control Station
10-50W VHF 136-174MHZ XTL 5000 CONSOLETTE L20KSS9PWl N 1 $2,580.00 $2,580.00
ENH: SOFTWARE ASTRO READY ANALOG TE G241 1 $0.00 $0.00
ENH: CONVENTIONAL OPERATION G48 1 $664.00 $664.00
ADD: W7 HW SETUP CONSOLETTE G80 1 $589.00 $589.00
ADD: TONE REMOTE CONTROL XTL5000 L146 1 $475.00 $475.00
Control Stations
1 0-35W 762-870MHZ XTL 5000 CONSOLETTE L20URS9PW1 N 3 $2,580.00 $7,740.00
ENH: SOFTWARE ASTRO READY ANALOG TE G241 3 $0.00
ENH: SMARTNET OPERATION G50 3 $948.00 $2,844.00
ADD: TONE REMOTE CONTROL XTL5000 L146 3 $475.00 $1,425.00
ADD: W7 HW SETUP CONSOLETTE G80 3 $589.00 $1,767.00
Antenna Systems and Hardware
1/2" LDF HELlAX POL Y JKT PER FT L1705 400 $1.55 $620.00
1/2" N FEMALE RING FLARE CONN DSL4PNFRC 8 $21.84 $174.72
1/2" CABLE GROUND CLAMP KIT TDN6673 8 $17.06 $136.48
1/4" SUPERFLEX POLY JKT PER FOOT L1700 60 $1.09 $65.40
1/4" CONN N MALE S FLEX PL TO TDN9714 8 $14.56 $116.48
ANTENNA 1
ANTENNA 806-866MHZ OMNI 4DB TDF6321 3 $453.18 $1,359.54
1/4"X2"X15"CU GRND BAR,24 7/16"HOLES RDN4849A 1 $109.00 $109.00
CBISI4.62572MOT, RACK GROUND BUS BAR KIT RDN8943A 1 $99.36 $99.36
ISB50LNC2MA BULKHEAD ARRESTOR 125-1000 RRX4038A 4 $65.00 $260.00
Seven and a Half Foot Rack TRN7343A 1 $391.05 $391.05
RMP2420A 110 V AC;20A 2-0UTLET RACK MT RRDN4049A 1 $546.00 $546.00
RFTOP TRIPOD,NON-PNTRT'G, 2-3/8"ODX15'H RDN4768A 1 $505.00 $505.00
F2A-PNMNM-3,3' 3/8"SURFLX JUMPER,NM/NM RDN7053A 4 $70.75 $283.00
DSP4402 2 DIPOLE ANT 60FFSET 162-174 RDD4467 A 1 $327.00 $327.00
$87,490.31
INSTALLATION / PROGRAMMING / SERVICES 1 $27,135.00 $27,135.00
$114,625.31
PC Replacement
$20,038.44
Attachment 1
Total:
Additional Labor Discount
NEW TOTAL
$134,663.75
( -$2,205.22)
$132,458.53
Attachment 2
@ /fIIOTOROLA
November 16~ 2006
901 B Texas
City of Denton, Texas
Atln: HalTY Hettinger
901-8 Texas Street
Denton) Texas 76209
Mr. l-I ettinger1
Thank you for the opportunity to respond to Lhe "City ofDenton~ Texas RFQ#
DC080805EMBASSY'UGl H proposal for the NCTCOG Region Wide Interoperabi]ity
Project. Attached you wi II find an equipl11ent list wi th pricIng that represents the
eq u iplnent and related services required to fu 1 till the study perfonned by RCC
Consul tan ts.
The equipment required to integrate info the Motorola Anlbassador Electronics Bank to
provide the interoperabJe features described within the study are Motorola components
and boards that are only availahle from Motorola Factory Dj rect Sales. These itelTIS have
proprietary software and are being provided by Moloro]a Dj rect to all agencies \vi thi n
Denton County. Itelns required will be incorporated into your Motorola CeotracoJTI Gold
Console equiplnent which has proplielary software and should therefore be considered a
sole source procurement.
Thank you for your continued interest in Motorola and we value our relationship ~'ith
The City 0 f Denton. \"'1 e look fOf'Nard lO assisting you \vilh the successful
i rnp lementation of this project. Please do not hesl l3le to contact me if you should have
any questions or require fu liher inConnation.
Rep.rrds,
II I
~torola, Inc. J
I~ ./ / .~
/: '2('.- ~ti" VA /" ~. . J.)
.,. #1Yl.
~ cky Sm~_ [. ~
Accounl Manager
ORDINANCE NO.
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF RADIO SYSTEM UPGRADE FOR THE MOTOROLA 800MHZ
RADIO SYSTEM UTILIZED BY THE CITY OF DENTON POLICE, FIRE AND
UTILITY DISPATCH DEPARTMENTS 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 3670-PURCHASE OF RADIO SYSTEM
UPGRADE FOR POLICE, FIRE AND UTILITY DISPATCH AWARDED TO
MOTOROLA, INC. IN THE AMOUNT OF $132,458.53).
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 are hereby approved:
FILE
NUMBER
VENDOR
AMOUNT
3670
Motorola, Inc.
$132,458.53
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 1 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
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~~
3-0RD-Fil~70
AGENDA INFORMATION SHEET
AGENDA DATE: December 12,2006
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
ACM:
Jon Fortune
II
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas accepting competitive bids and
awarding a best value contract for the purchase of one 150 MV A, 138kV to 69kV transformer
for Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an
effective date (Bid 3606-Best Value Bid for 90/120/150 Autotransformer with LTC awarded to
Siemens Power Transmission in an amount not to exceed $1,991,000). The Public Utilities Board
recommends approval (5-0).
BID INFORMATION
This bid is for the purchase of one 150 MV A, 138kV to 69kV transformer for the new RD Wells
Interchange. The transformer is necessary to provide a third source of power from the area's
138kV transmission system into Denton's 69kV transmission system. A more detailed
explanation of the purchase process is provided in the attached Public Utilities Board agenda
information sheet (Attachment 2).
PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS)
The Public Utilities Board approved this item at its November 27, 2006 meeting.
RECOMMENDA TION
Award to Siemens Power Transmission in an amount not to exceed $1,991,000.
PRINCIPAL PLACE OF BUSINESS
Siemens Power Transmission
Wendell, North Carolina
ESTIMATED SCHEDULE OF PROJECT
Delivery is estimated to be within 84 weeks after receipt of an order.
Agenda Information sheet
December 12,2006
Page 2
FISCAL INFORMATION
Funding for the purchase of the transformer will come from various project accounts that are
included in the City's Capital Improvements Program.
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
Attachment 2: PUB Agenda Information Sheet (Exhibits Not Included)
l-AIS-Bid 3606
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Attachment 2
PUB AGENDA ITEM #
PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET
AGENDA DATE: November 27,2006
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232
SUBJECT:
Consider recommending approval of Bid No. 3606 for the purchase of one 150 MV A, 138kV to
69kV autotransformer and options for Denton Municipal Electric from the Siemens Power
Transmission and Distribution, Inc., Raleigh, North Carolina, who has been determined to be the
best value bid.
BACKGROUND:
The approved CIP contains a project to construct the RD Wells Interchange. Construction of this
station requires purchase of one 90/12/150//168 MV A, 138kV to 69kV transformer. The
transformer is necessary to provide a third source of power from the area's 138kV transmission
system into Denton's 69kV transmission system. The need for the new station and the associated
transmission lines has been discussed in detail in previous budget and easement acquisition
presentations to the PUB. Only a summary explanation of the need is provided herein.
There are two stations that serve the Denton Municipal Electric's (DME's) 69kV loop, Denton
North and Spencer Interchange/Spencer Switch. The Spencer generation cannot be considered
as a reliably available source even though it is tied to the 69kV system at Spencer Switch
because it is not always on line. From a planning standpoint, a power system must be capable of
sustaining the loss of any single element and remain in service. Loss of either the Spencer
Switch or the Denton North 69kV busses could reduce the available 138kV to 69kV transformer
capacity to below the level of the load. If such a situation was not recognized, and the load
reduced quickly to match the remaining transformer capacity (load shed by opening distribution
circuit breakers), the remaining transformer could fail causing a total loss of the 69kV system.
Both ERCOT and NERC planning criteria require that the transmission system be capable of
continuing to operate for an outage of any single transmission line. As the system is constructed
today, outage of either line out of Denton West will cause an overload of the remaining line if
the load is at or near the system peak. Construction of the Denton West to RD Wells
transmission line, the RD Wells to Hickory transmission line, and the RD Wells Interchange will
resolve these transmission line outage overloads. The RD Wells 138kV to 69kV transformer is
necessary to complete the construction.
The best value bid was utilized for this purchase because of the nature of the transformer market.
Product quality and manufacturing practices vary significantly between potential suppliers. The
1
Attachment 2
best value bid allows important factors such as performance history, customer experience, power
losses, location of manufacturing facilities, and factory practices to be considered in the
evaluation of the bid.
Exhibit 1 is a geographical map of the area showing the location of the RD Wells Interchange
and the associated transmission lines. Exhibit 2 is the raw data that was required in the bid.
Exhibit 3 presents development of the evaluated cost. Exhibit 4 is the best value evaluation.
This exhibit contains all the categories that were used in the best value analysis. Exhibit 5 is a
summary of the unit prices in the bid that DME is requesting to be approved.
Bid packages were supplied to 20 market participants, and the bid was advertised in according to
Purchasing's standard practice. Seven bids were received. The bid from Iljin in Korea was
disqualified for lack of a bid bond. Of the six remaining bids, Siemens Power Transmission and
Distribution, Inc., of Raleigh, NC was judged to be the best value bid.
TMPA intends to purchase two transformers of the same size as the one specified in Bid # 3606.
The manufacturer indicated a willingness to allow TMP A to participate in this bid.
OPTIONS:
1. Recommend approval
2. Not recommend approval, further delaying critical electric system security related projects
that have been in process for several years.
RECOMMENDATION:
DME recommends approval of the proposed purchase from Siemens Power Transmission and
Distribution, Inc.
ESTIMATED SCHEDULE:
Delivery is expected 84 weeks after the order is processed. The 84 week delivery works with
Denton's expected construction schedule and will not be a problem.
PRIOR ACTION/REVIEW (Council, Boards, Commissions):
None
FISCAL INFORMATION:
The charges for work under this contract will not exceed $1,991,000 and will be funded out of
amounts budgeted for specific projects.
BID INFORMATION:
The bid evaluation is contained in Exhibits 2 through 5.
DATE SCHEDULED FOR COUNCIL APPROVAL:
December 12,2006
EXHIBITS:
1. Area Transmission Map
2. Summary of Data from Bid 3606
2
Attachment 2
3. Evaluation of Costs and Losses for Bid 3606
4. Point Evaluation for Bid 3606
5. Proposed Purchase Costs for Transformer and Options, Bid 3606
Respectfully submitted,
Sharon Mays
Director of Electric Utilities
Electric Administration
Prepared by:
Chuck Sears
Engineering Administrator
Denton Municipal Electric
3
ORDINANCE.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING COMPETITIVE BIDS
AND AWARDING A BEST VALUE CONTRACT FOR THE PURCHASE OF ONE 150
MVA, 138KV TO 69KV TRANSFORMER FOR DENTON MUNICIPAL ELECTRIC;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3606-BEST VALUE BID FOR 90/120/150 AUTOTRANSFORMER
WITH L TC AWARDED TO SIEMENS POWER TRANSMISSION IN AN AMOUNT NOT
TO EXCEED $1,991,000).
WHEREAS, the City has solicited, received, and tabulated competitive best value bids,
for the purchase of necessary materials, equipment, supplies or services in accordance with the
procedures of State law and City ordinances based on the best value as determined by using the
selection criteria set forth in the request for bids; and
WHEREAS, the City's selection committee has reviewed and recommended that the
herein described bids are the best value based on the selection criteria for the materials,
equipment, supplies or services as shown in the "Bid Proposals" submitted; and
WHEREAS, the City's Purchasing Agent has determined that the best value bid process
provides the best value to the City for this procurement; 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 findings and conclusions set forth in the preamble of this ordinance
are incorporated within the body of the ordinance.
SECTION 2. The options 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, is hereby accepted and approved as being the best value based on the selection criteria
contained in the request for bids for such items:
BID
NUMBER
VENDOR
AMOUNT
3606
Siemens Power Transmission
Exhibit A
SECTION 3. By the acceptance and approval of the above items of the submitted bids,
the City accepts the offer of the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations,
Bid Proposals, and related documents.
SECTION 4. The City Manager is hereby authorized to execute any and all necessary
written contracts for the performance of the services in accordance with the bids accepted and
approved herein, provided that such contracts are made in accordance with and relating to the
items specified in Section 1, which written contract(s) shall be attached hereto; provided that the
written contract is in accordance with the above Request to Submit Bids, Bid Proposals, and
documents relating thereto specifying the terms, conditions, plans and specifications, standards,
quantities and specified sums contained therein.
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. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
,2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
4-0RD-Bi
Exhibit A
BID # 3606
DATE: November 9, 2006
Best Value Bid for 150 MV A Autotransformer with LTC
I. Pricing and Delivery for the Transformer
A. Firm price (with no escalation/de-escalation)
Base bid price with escalation/de-escalation
B.
Raw material percentage for escalation/de-
escalation option:
1. Copper
2. Plate steel
3. Core steel
4. Paper
5. Oil
Manufacturer and transformer base price
C. information (without escalation and Texas sales
tax):
Manufacturer:
Factory location:
D.
Transformer base price (FOB pad, Denton)
including unloading, field assembly, oil filling, and
field testi ng
LTC tap selector mechanism pricing and
information (to be added to transformer base
price) :
1. Option price and information for Reinhausen
RMV- II load tap changing mechanism with all
specified features and accessories:
a. Reinhausen Model number:
RMV- 11-
b. Price for tap selector mechanism
2. Option price and information for resistive type
load tap changing mechanism complete with all
s ecified features and accessories:
a. Manufacturer and model
b. Price including LTC filtering system
c. LTC oil filter data (for resistive type load tap
changer mechanisms):
Filter media cost
Maximum filter flow:
GPM
Estimated filter change interval
Page 1
Siemens Power T
& Df Inc.
N/A
N/A
N/A
N/A
Siemens
Bogota, Columbia
$1,927,400.00
Exhibit A
BID # 3606
DATE: November 9, 2006
Best Value Bid for 150 MV A Autotransformer with LTC
.
DESCRIPTION
Principle Place of Business:
3. Describe where the LTC windings will be placed
electrically in the transformer windings:
4. Step where LTC is expected to produce the
greatest losses:
5. Confirmation of LTC contact life projections
assuming the full rated 168 MVA load current:
a. Estimated LTC tap selector switch current at 168
MVA: amps
b. Projected LTC tap selector switch contact life at
this load current: _ operations
II.
M iscella neous Information
E.
Transformer shipment: _ weeks after receipt
of order
Transit time from shipment to arrival at the site:
_ days
III. Guaranteed Losses:
No load losses: _ watts (200 C)
Load losses (at 90 MV A): _ watts (850 C)
Total losses (at 90 MVA): _ watts
Auxiliary losses: _ watts
Load losses at 150 MVA: _ watts (850 C)
Bid Bond or Cashier's Check
*See bidder's comments in bid proposal
Addendum # 1
Page 2
Siemens Power T
& D, Inc.
Wendell, NC
36.5
NjA
158.5
8.4
NjA
Bid Bond
Yes
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 November 27,2006
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Presiding Officer convened into an Open Meeting, Monday, November 27,2006 at
7 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
8 Street, Denton, Texas.
9
10 Present: Chair Newell, Dick Smith, Bill Cheek, Randy Robinson and Bob Bland (arrived at
11 9:06 a.m.)
12
13 Ex Officio Members:
14 George Campbell, City Manager
15 Howard Martin, Assistant City Manager
16
17 Absent: John Baines, excused
18 Phil Gallivan, excused
19
20 OPEN MEETING:
21
22 CONSENT AGENDA:
23 The remaining Consent Agenda Items will be approved with one motion, a second, and by a
24 majority vote of the Public Utilities Board Members who are present.
25
26 1) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing
27 the expenditure of funds for payments by the City of Denton for electrical energy
28 transmission fees to the Lower Colorado River Authority (LCRA) for providing energy
29 transmission services to the City of Denton; and providing an effective date (File 3638-2006
30 Electrical Energy Transmission Fees-Lower Colorado River Authority in the total amount of
31 $142,906).
32
33 2) Consider recommending approval of the unit prices in Bid #3626 and awarding an annual
34 agreement for the purchase of pad mounted Automatic Throw Over (ATO) distribution
35 switchgear from HD Supply, Corinth, Texas, in the annual estimated expenditure amount of
36 $100,270.
37
38 4) Consider recommending adoption of an ordinance of the City of Denton approving a Pipeline
39 Crossing Agreement between the Union Pacific Railroad Company ("UPRR"), and the City
40 of Denton relating to the encroachment of a 16 inch water pipeline, crossing an existing
41 UPRR right-of-way at Mile Post 723.02 as part of the Meadows at Hickory Creek
42 development public improvements, located in the W. Roark Survey Abstract Number 1087,
43 City of Denton, Denton County, Texas.
44
45 5) Consider recommending approval of an Interlocal agreement to provide gas well inspection
46 services to the Town of Highland Village.
47
48 Board Member Dick Smith pulled item 3 for individual consideration.
49
50 Board Member Bill Cheek moved to approve Items 1, 2, 4 and 5 with a second from Board
51 Member Randy Robinson. The motion was approved for a vote of 5-0.
1 Draft Minutes - Public Utilities Board Meeting
2 November 27,2006
3 Page 2 of 4
4
5
6 ITEMS FOR INDIVIDUAL CONSIDERATION:
7
8 3) Consider approval of the purchase of three modular office buildings, currently used by the
9 Denton County Transportation Authority (DCTA), from G.E. Capital Modular Space, of
10 Irving, Texas, for the total price of $52,020.00.
11
12 Board Member Smith asked if the lease payments from DCT A covered the monthly lease
13 payments to G.E. for the modular office buildings.
14
15 Kemler replied that the Solid Waste Department's annual lease payments to G.E. total $12,709,
16 which is recovered through the monthly lease payments collected from the DCT A. DCT A will
1 7 be expanding its site, and will build an additional building for buses as well as adding more
18 parking area. The City and DCT A have entered into a new agreement, which sets a higher
19 monthly rate. At the end of the agreement, if DCT A vacates, the City will own the building.
20
21 Board Member Smith moved to approve with a second from Board Member Bob Bland.
22 The motion was approved by a 5-0 vote.
23
24 7) Consider recommending approval of Bid No. 3606 for the purchase of one 150 MV A, 138kV
25 to 69kV autotransformer and options for Denton Municipal Electric from the bidder who has
26 been determined to be the best value bid.
27
28 Chuck Sears presented this item, a CIP project for the RD Wells Interchange. This unit will
29 bring power from the 138kV system. Currently, DME's major source of power is the TMPA
30 station west of town on 2499 and the west Denton station. When finished, in about a year to a
31 year and one-half, there will be two 600 MV A transformers in that station capable of delivering
32 about 1200 MV A power.
33
34 Sears stated that the consultant believes that the firm DME is recommending has the best
35 engineering team in the world right now; the most advance engineering software and some of the
36 most advanced hardware in the manufacturing facilities.
37
38 Board Member Cheek asked if there would be additional costs.
39
40 Sears replied that additional costs would be related to the construction of the station. There is
41 about $3 million dollars earmarked for relay transmission, the voltage portion, and $1.4 million
42 for the distribution system.
43
44 Board Member Cheek motioned to approve with a second from Board Member Smith.
45 The motion was approved by a 5-0 vote.
46
47 8) Consider recommending approval of additional payments in conjunction with two advanced
48 funding agreements (AFAs) between the City of Denton and the Texas Department of
49 Transportation (TxDOT) for the construction of water and sanitary sewer utility relocations
50 in conjunction with the Loop 288 widening project.
51
1 Minutes - Public Utilities Board Meeting
2 November 27,2006
3 Page 3 of 4
4
5
6 Frank Payne, City Engineer, provided a brief review of this proj ect, which requires the relocation
7 of water and sanitary sewer utilities. Cost estimates were prepared in August 2005, bid in
8 December 2005 with the bid coming in decidedly higher than projected. The projected total cost
9 of the project was just over $29 million with the City's portion at $2,2887,000. The actual low
10 bid for the proj ect came in just under $39 million.
11
12 Staff has attempted, without success, over the past year to negotiate a deductive change order
13 with the contractor. Staff has now received written notification from the State requesting a total
14 of $1,922,200 in additional funding, $474,2220 for water relocations and $1,447.980 for sewer
15 locations. Payne stated that in order for the project to stay on track, payment must be made to
16 the State.
17
18 Smith asked how much construction had been done and if staff was satisfied with the
19 construction. Payne was not sure how much construction had been completed, but guessed that
20 less than 20%, and it appeared that the quality of the construction is good.
21
22 Cheek asked where the additional funding would come from and would staff provide that
23 information at the next meeting under the ACM report.
24
25 Jim Coulter, Director of Water Wastewater Utilities, stated that staff has budgeted that amount in
26 this year's budget but that a report would be provided at the next meeting.
27
28 Board Member Bland motioned to approve with a second from Board Member Robinson.
29 The motion was approved by a 5-0 vote.
30
31 9) Consider recommending of approval of a Professional Services Agreement between the City
32 of Denton and Arthur Surveying Co., Inc. in the not-to-exceed amount of $250,000 for the
33 delivery of routine surveying services on a work order basis during the 2006 - 2007 fiscal
34 year.
35
36 Frank Payne presented information stating that in October 2003, eleven proposals for surveying
37 services were submitted and reviewed. The top five proposals were ranked according to criteria
38 assessing demonstrated competence and qualifications to perform the services required. Arthur
39 Surveying was ranked highest and was contracted for a total not-to-exceed amount of $324,500
40 for surveying services for fiscal year 2003-04. Arthur Surveying provided overall good results
41 and good technical data for a total of approximately $295,00 by the end of the fiscal year and has
42 demonstrated consistent spending keeping prices the same over the last four years.
43
44 Board Member Cheek motioned to approve with a second from Board Member Bland.
45 The motion was approved by a 5-0 vote.
46
47 10) Consider recommending for approval the refunding of $16,145,000 of revenue bonds from
48 the 1998A Series.
49
50 Gary Calmes, Utilities Financial Administrator, presented this item stating that this is the last 7
51 years of a 30-year debt of recallable bonds for Lake Ray Roberts. By refunding approximately
52
1 Minutes - Public Utilities Board Meeting
2 November 27,2006
3 Page 4 of 4
4
5
6 $16 million in utility system bonds issued for the Water System, there is an estimated savings of
7 5.2% or $846,000 and total savings over the life of the debt of $2.4 million. The refunding will
8 provide approximately $100,000 annual savings on the debt service payment.
9
10 Board Member Robinson motioned to approve with a second from Board Member Smith.
11 The motion was approved by a 5-0 vote.
12
13 The meeting was adjourned by consensus at 10:15 a.m.
14
AGENDA INFORMATION SHEET
AGENDA DATE:
December 12, 2006
DEP ARTMENT:
Utilities
Howard Martin, 349-8232 ..
ACM:
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving an Interlocal
Cooperation Agreement by and between the City of Denton, Texas and the City of Highland
Village, Texas to provide gas well inspections services; and providing an effective date. The
Public Utilities Board recommends approval (5-0).
BACKGROUND
The City of Denton has previously approved inter local agreements to provide gas well inspection
services to the Town of Copper Canyon (October, 2005), the City of Corinth (April, 2006) and
the Town of Argyle (July, 2006). To date one drilling permit has been issued by these
communities that will require inspection services. The City of Denton has received a request
from the Town of Highland Village to provide similar gas well inspection services.
The City of Denton Legal Department and Environmental Division have reviewed the Highland
Village regulations and determined that a similar inspection process would be applicable.
Consideration has been given to the time and resources available to extend inspection services to
locations anticipated within Highland Village. Due primarily to the fact that original projections
of inspection activity in Denton were based upon vertical drilling techniques that are largely
replaced in the Barnett Shale formation by horizontal drilling that requires fewer drilling sites,
Staff determined that sufficient personnel and material resources are available to accommodate
the Town of Highland Village request for interlocal inspection services. A cost schedule for
services has been determined to allow full recovery of out-of-pocket cost as well as general
overhead expenses associated with gas well inspection services provided to Highland Village.
No additional investment or budgeted operating cost will be required by the City of Denton to
provide these services; therefore, all revenue collected under a proposed inter local agreement
will apply to funding the current fixed cost of gas well inspection services.
An interlocal agreement that stipulates the charge for gas well inspection services and the
procedure for conducting and reporting services has been developed by the City of Denton Staff
and representatives from Highland Village. The City of Highland Village approved the
agreement on November 14,2006.
OPTIONS
1. Approve the Interlocal agreement to provide gas well inspection services to the City of
Highland Village;
2. Direct Staff to provide further information concerning the implementation of an
Interlocal agreement;
3. Decline the request to provide gas well inspection services to additional neighboring
communities.
RECOMMENDATION
Staff recommends approval of the Interlocal agreement to provide gas well inspection services to
the City of Highland Village.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
This item was presented to the Public Utilities Board at its November 27, 2006 regular meeting.
The Public Utilities Board recommends approval 5-0.
FISCAL INFORMATION
No additional investment or budgeted operating cost will be required by the City of Denton to
provide gas well inspection services for the City of Highland Village; therefore, all revenue
collected under a proposed Interlocal agreement will apply to funding the current fixed cost of
gas well inspection services.
EXHIBITS
1. Interlocal Cooperation Agreement Between The City of Denton and The City of Highland
Village.
2. Ordinance to adopt Interlocal Agreement.
3. PUB Minutes
R~esp~ctfullY~SU~mitted:
. . . .
. . .
. . . .
.. . ..
... . ~ .. .".." ........ .
. . ..
. . . .
. . . .
.. ..
. .. ...
. ... .. ... .. .
.. . . . .
. . ...
.. .. . . ..
. .. .
.. . . ..
. .. . .... .
. ... . ...
. .
. ....
Jim Coulter
Director of Water Utilities
Quentin Hix,
Gas Well Development Coordinator
s: \Our Documents\Ordinances\06\I nter local Agrmt..H ighland V illage.doc
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL
COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND THE CITY OF HIGHLAND VILLAGE, TEXAS TO PROVIDE GAS WELL
INSPECTION SERVICES; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1 ~ The City Council hereby approves an Interlocal Cooperation Agreement
between the City of Denton, Texas and the City of Highland Vlilage to provide gas well
inspection services substantially in accordance with the futerlocal Cooperation Agreement which
is attached hereto and incorporated herein by reference (the "Agreement").. The City Manager,
or his designee, is authorized to execute the Agreement on behalf of the City. The City Manager,
or his designee, is authorized to carry out the City's rights and duties under the Agreement. Any
prior actions of the City taken pursuant to the Agreement are hereby ratified..
SECTION 2~ The City Council finds that the Agreement will benefit the City of Denton
and is in the pub lie interest.
SECTION 3~ This ordinance shall become effective immediately upon its passage and
approval..
PASSED AND APPROVED this the
day of
, 2006~
PERRY R~ McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
By:
Iftft\1&W22
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON
AND THE CITY OF HIGHLAND VILLAGE
THIS AGREEMENT is made and entered into as of the Effective Date as hereinafter
defined, by and between the City of Denton, Texas, a home rule municipal corporation
organized and existing under the laws of the State of Texas, hereinafter referred to as "
Denton" and the City of Highland Village, Texas, a home rule municipal corporation
organized and existing under the laws of the State of Texas, hereinafter referred to as
"H ig hla nd Village".
WHEREAS, Highland Village is in need of gas well inspection services; and
WHEREAS, Denton and Highland Village desire to enter into this agreement
under the authority and subject to the provisions of Texas Government Code, Chapter
791, the Interlocal Cooperation Act for the provision of gas well inspection services; and
WHEREAS, each party hereto is capable of performing the services provided for
herein, and each party paying for the performance of governmental functions or services
is making those paymeryts from current revenues available to the paying party and all
payments are in an amount that fairly compensates the performing party for the services
or functions performed under this agreement;
NOW, THEREFORE, it is mutually agreed by the parties hereto as follows:
L
The term of this Agreement shall commence as of the Effective Date and shall
expire on the 21 st day of February, 2011 unless terminated earlier as provided herein~
II.
Denton shall provide gas well inspection services as follows:
1 ~ Inspection fee of $1,200 per well, unless otherwise agreed to in writing by both
parties to this Agreement, would include the following:
Two site inspections will be provided with the first inspection following installation of the
drilling rig to inspect for compliance with municipal drilling ordinance and the second
following completion of the drilling and installation of the operating facilities. Each
inspection will include two site visits, the first to inspect and identify any issues of non-
compliance to be noted on a Gas Well Inspection Report and the second to determine if
compliance has been achieved in the specified time limit. The site visit following
completion of the well will include inspection for proper removal of the rig, remediation of
on-site reserve and frac pits, and set..up for operation of tank batteries..
Written Inspection Reports will be provided to Highland Village and a copy to the gas
well operator for each visit. The only items to be inspected by the Gas Well Inspector will
be those agreed upon by both parties and set forth on the Gas Well Inspection Report;
ORIGINAL [)OClJ~J1FNT
Cl~OF HIGt 1l .\,; ji ) ~~GE
'cil Action-f.:iJ1 N U f .; ~r la. CJ" -I g 8?
Date Approved 11- I LJ a. _~ f.J, _ .
Exhibit 1
2.. Each additional inspection in response to a specific request by the City Manager will
be performed at a cost of $200, unless otherwise agreed to in writing by both parties to
this Agreement, per site visit;
3~ Complaints filed with other agencies (i.e. TRC; EPA; TCEQ; etc..) will be the
responsibility of Highland Village without direct participation by the Gas Well Inspector
unless requested as an additional seNice by Highland Village;
4. Enforcement of Highland Village gas well regulations will be the sole responsibility of
Highland Village. The Gas Well Inspector may identify violations and report them to the
City Manager or designee for enforcement action. The Gas Well Inspector may be
required. as an additional service, to testify in court regarding any noted violations of the
Highland Village gas well regulation ordinance;
5. The Gas Well Inspector may inspect for specific operating safety issues as identified
on an Inspection Checklist to be approved by both parties to this agreement as a part of
the first inspection (Le. fire extinguisher installation; no smoking signs; ate
6. Site inspection includes collection of water samples from the Reserve Pit for content
analysis by a City of Denton Lab.. The fee for City of Denton Lab analysis shall be as
identified in Exhibit A to this Agreement; additional analysis performed by a non-
municipal laboratory may be requested by Highland Village for a fee identified in Exhibit
A;
7~ Site inspection does NOT include inspection of access route and road damage
remediation action; and,
8. Any Denton employee that performs services under this agreement will remain an
employee of Denton, but will perform gas well inspection services under the supervision
and control of the Highland Village City Manager. In addition to the fees specified
above, for the services of the Denton Gas Well Inspector, Highland Village will reimburse
Denton the sum of $50.00 per hour. In addition to the gas well inspection services
specified in this paragraph, the City Manager may request additional services from
Denton's Gas Welllnspector~ Highland Village shall reimburse Denton the sum of $50.00
per hour for any additional services, as defined in this agreement and in addition to the
gas well inspection services specified above.
III.
This Agreement may be terminated in whole or in part, with or without cause, by Denton
or Highland Village upon forty-five (45) days' written notice to the other via certified mail,
return receipt requested, or facsimile at the address or fax numbers set forth below.
For Denton: George Campbell, City Manager
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas 76201
Fax No. 940-349-8596
City of Denton
Gas Well Inspection Services
Page 2 of 4
ORtGINAL DOCUMENT
CITY OF HIGHLAND VILLAGE
Councit Action~ 6)! ~J Ord./Res. No. 0 & -/8 g 7
DGte Approved II-Ill - Ob
For Highland Village: Michael Leavitt
City Manager
City of Highland Village
1000 Highland Village Road
Highland Village, Texas 75077
Fax No. (972) 317-0237
In the event of termination Highland Village shall fully pay Denton for services completed
through the effective date of termination.
IV.
The covenants, conditions and terms hereof are to be construed under the laws
of the State of Texas and are performable by all parties in Denton County, Texas. The
parties mutually agree that venue for any obligation arising from this Agreement shall lie
in Denton County, Texas.
v.
This writing is intended by the parties as a final expression of their agreement
and as a complete and exclusive statement of the terms of their agreement This
Agreement can be modified only in writing signed by both of the parties or their duly
authorized agents.
, VI.
This Agreement is not intended to extend the liability of the parties beyond that
provided by law.. Neither Denton nor Highland Village waives. nor shall be deemed
hereby to waive, any immunity or defense that would otherwise be available to it against
claims arising by third parties.
VII
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties hereto that the remaining portions shall remain valid and
in full force and effect to the extent possible.
VIII.
The undersigned officers and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreement on
behalf of the parties hereto and each party hereby certifies to the other that any and all
necessary resolutions extending said authority have been duly passed and are now in
full force and effect
Signed to be effective the _ day of
Date").
t 2006 (the "Effective
CITY OF DENTON, TEXAS
BY:
George Campbell
City Manager
City of Denton
Gas Well Inspection Services
Page 3 of 4
ORIGINAL DOCUMENT
CITY OF HIGHLAND ~GE
Council t,chn (i) rJ Ord.~ No, 0& - f~g 7
f)nl8 t\~' ,roved / J -/1./ - Oft,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
B~/#~
ATTEST:.
BY: {JA;. ·
Alicia Richardson,
CITY OF HIGHLAND VILLAGE
BY: ~ 0_ ~q:. SO
Michae Leavitt
City Manager
City of Denton
Gas Well Inspection Services
Page 4 of4
ORIGINAL DOCUMENT
CITY OF HIGHLAND VILLAGE
Council Action: ([) N O~ No. Oft, · It; g7
Date Approved J J - J Lf ., O"tp
Exhibit A
City of Denton Oil and Gas Monitorina
Laboratory Analvsis Price Schedule
General Water Quality Analysis Performed by City of Denton Lab:
(sample collection included as part of initial Inspection fee)
Cost to be as shown unless otherwise agreed to in writing by both parties to this Agreeemnt.
Analvsis
pH (Standard Units)
Cond uctivity( micros ie mens)
Salinity;as Chloride (ppm)
T ata I Dissolved Sol ids
Cost
$15.00
$15.00
$15~OO
$15.00
Chloride (ppm)
$25.00
TPH (ppm)
Fiber optic method
Immunoassay method
Combined Cost
$30.00
Total
$115.00
Note: If requested by City of Highland Village I TPH will be tested by independent lab using
a generally accepted test method. Sample collection shall be billed at a
minimum of one hour by City of Denton. Independent lab cost to be billed
directly to City of Highland Village by lab.
Initial: M
City ~f Hr'ghi;d Village
Date: I ,- I"'; .. 0 C-
Initial:
City of Denton
Date:
Exhibit A
City of Denton - Gas Well
Inspection Services
Page 1 of 1
ORIGINAL DOCUMENT
CITY OF HIGHLAND VILLAGE f4 _ '7
Council Action:QI N Ord.~No. 0 Igg
Date Approved /1- ~ 0(0
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 November 27,2006
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Presiding Officer convened into an Open Meeting, Monday, November 27,2006 at
7 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
8 Street, Denton, Texas.
9
10 Present: Chair Newell, Dick Smith, Bill Cheek, Randy Robinson and Bob Bland (arrived at
11 9:06 a.m.)
12
13 Ex Officio Members:
14 George Campbell, City Manager
15 Howard Martin, Assistant City Manager
16
17 Absent: John Baines, excused
18 Phil Gallivan, excused
19
20 OPEN MEETING:
21
22 CONSENT AGENDA:
23 The remaining Consent Agenda Items will be approved with one motion, a second, and by a
24 majority vote of the Public Utilities Board Members who are present.
25
26 1) Consider recommending adoption of an Ordinance of the City of Denton, Texas authorizing
27 the expenditure of funds for payments by the City of Denton for electrical energy
28 transmission fees to the Lower Colorado River Authority (LCRA) for providing energy
29 transmission services to the City of Denton; and providing an effective date (File 3638-2006
30 Electrical Energy Transmission Fees-Lower Colorado River Authority in the total amount of
31 $142,906).
32
33 2) Consider recommending approval of the unit prices in Bid #3626 and awarding an annual
34 agreement for the purchase of pad mounted Automatic Throw Over (ATO) distribution
35 switchgear from HD Supply, Corinth, Texas, in the annual estimated expenditure amount of
36 $100,270.
37
38 4) Consider recommending adoption of an ordinance of the City of Denton approving a Pipeline
39 Crossing Agreement between the Union Pacific Railroad Company ("UPRR"), and the City
40 of Denton relating to the encroachment of a 16 inch water pipeline, crossing an existing
41 UPRR right-of-way at Mile Post 723.02 as part of the Meadows at Hickory Creek
42 development public improvements, located in the W. Roark Survey Abstract Number 1087,
43 City of Denton, Denton County, Texas.
44
45 5) Consider recommending approval of an Interlocal agreement to provide gas well inspection
46 services to the Town of Highland Village.
47
48 Board Member Dick Smith pulled item 3 for individual consideration.
49
50 Board Member Bill Cheek moved to approve Items 1, 2, 4 and 5 with a second from Board
51 Member Randy Robinson. The motion was approved for a vote of 5-0.
Exhibit 3
AGENDA INFORMATION SHEET
AGENDA DATE:
December 12, 2006
DEP ARTMENT:
Transportation Operations
Howard Martin, 349-8232 ..
ACM:
SUBJECT
Consider the adoption of an ordinance approving a Memorandum of Understanding between the
City of Denton and the Denton County Transportation Authority regarding the development of
the Downtown Denton Transit Center for the purpose of enhancing the public transit system and
providing a safe and secure place to make transit connections, and providing an effective date.
The Mobility Committee recommends approval 2-0.
BACKGROUND
Staff briefed the Mobility Committee during the July 21, 2006 meeting that Federal Transit
Administration (FT A) representatives have indicated the Congressional funding earmark
received in FY 2005 would need to be programmed by September 2007. To facilitate program
funding by the September 2007 due date, FT A staff recommended that a grant application be
submitted no later than May 2007 to allow sufficient time for the application review process by
both the Regional FTA office in Fort Worth and the FTA office in Washington, DC.
With the formal selection of station locations by DCT A in September 2006, City of Denton and
Denton County Transportation Authority (DCT A) staff has been working to identify components
to be included in a proposed interlocal agreement between DCT A and the City of Denton. The
purpose of the proposed inter local agreement would be to memorialize the responsibilities of
each entity with respect to the planning process as well as outline the procedure for the eventual
transfer of the asset from the City of Denton to DCT A.
Initially, one site, located at the southeast corner of Railroad Avenue and Hickory Street, was
being considered for the Downtown Transit Center. This location was viewed as a site of
opportunity capable of accommodating bus passenger transfers and later, should commuter rail
be introduced to Downtown, the proposed site could also accommodate rail passenger transfers.
The proposal was to develop a build to suit facility for DCT A and upon completion, the facility
would have been transferred to DCTA for long-term operating purposes. At the conclusion of
the October 17, 2006 City Council Work Session, it became evident that other options and/or
sites should be considered for the purpose of accommodating the downtown transit facility.
With this understanding, DCT A and City staff agreed to discontinue working on the initially
proposed interlocal agreement in favor of a Memorandum of Understanding (MOU). Because it
is not known whether an existing facility would be leased or transferred to DCT A or a new
facility constructed, the proposed MOU will allow the flexibility to consider other options and
move forward with acquiring professional consulting and engineering services to perform a
feasibility study to evaluate available options.
Both DCT A and City of Denton staff anticipate that an interlocal agreement would be entered
into after a final option has been identified and properly vetted with the appropriate boards and
committees.
OPTIONS
1. Approve the MOU as proposed.
2. Provide staff with additional direction on the MOU.
3. Not seek reimbursement and/or planning assistance from DCTA on the proposed project.
RECOMMENDATION
The Mobility Committee recommends approval 2-0.
ESTIMATED SCHEDULE OF PROJECT
. City of Denton staff is targeting January 2007 to have a professional services agreement in
place to begin preliminary planning and environmental review.
. Upon completion of the initial feasibility study identifying preferred site and facility design,
an Interlocal agreement between the City of Denton and DCT A is anticipated.
PRIOR ACTION/REVIEW
The DCTA Board approved the proposed MOU at their November 16, 2006 Board Meeting.
The Mobility Committee recommended approval of the proposed MOU at the November 17,
2006 meeting. The City Attorney's office has reviewed and approved the proposed MOU.
DCT A Development Services Committee and DCT A legal counsel have reviewed and approved.
FISCAL INFORMATION
$3.109 million is available in a Congressional Earmark. A local match of $621,938 would be
required to leverage the full earmark. The City of Denton has $1.4 million available in CIP
funding for the proposed project. An interlocal agreement with DCTA is anticipated to
reimburse the City of Denton for expenditures for the proposed project.
EXHIBITS
1. Ordinance
2. MOU
3. Draft Mobility Committee Minutes, November 17,2006
Respectfully Submitted:
o/d p~
Mark Nelson
Chief Transportation Officer
~S:\Our Documents\Ordinances\06\DCTA MultimodalMOU.doc
ORDINANCE NO~
AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BBTWEEN
THE CITY :OFDENTON AND THE DENTON COUNTY TRANSPORTATION
AUTHORITY REGARDING .THE DEVELOPMENT OF A DOWNTOWN' DENTON
TRANSIT CENTER FORTHB PURPOSE OF ENHANCING THE PUBLIC TRANSIT
SYSTBMAND PROVIDING A SAFE AND SECURE PLACE TO MAKE TRANSIT
CONNECETIONS, AND PROVIDING AN EFFECTNEDATE.
WHEREAS, the City Council finds that the Memorandum of Understanding between the
City of Denton and the Denton ComtyTransportationAu1hority ("DCTA").attached hereto and
make. apart hereof as Exhibit A (the "MOU) is in the public interest; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble. of this ordinance .
areincorporatedhereinbyrefer~ce.
~~CTION 2.. The City . Council..her~byapproves.theMOU ..and authorized the . City
Manager, or'his designee to executive theMOU on behalf of the City.
S.ECTION 3. .This ordinance shall. become effective immediately upon its passage and
approval.
P AS SED AND APPROVED this the
day of
, 2006.
PERRY R~McNEILL, MAYOR
ATTEST:
JENNIFER W ALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATIORNEY
BY:
Exhibit 1
S:\Our Documents\Contracts\06\Multimodal MOV DCTA.doc
COUNTY OF DENTON
~
~
~
Memorandum of Understanding
STATE OF TEXAS
This memorandum of understanding (the "MOD") is made by and between the City of
Denton (the "City") and the Denton County Transportation Authority (the "DCTA") acting by
and through their authorized representatives.
WHEREAS, the City was apportioned federal transportation dollars in 2004 for the
development of a downtown Denton Transit Center; and
WHEREAS, the amount of the federal apportiomnent is $3,109,690; and
WHEREAS, the DeT A and the City have previously agreed to transfer available assets
of the transit system to DCTA for ownership and operation of the public transit system; and
WHEREAS, the development of a downtown Denton Transit Center will enhance the
public transit system and provide a safe and secure place to make transit cOlll1ections; and
NOW, THEREFORE, the parties agree as follows:
1. Denton and DCT A intend to agree upon facility ownership terms prior to the
initiation of land acquisition or construction.
2. The DCTA intends to assist the City with all preparation, application, and
management of the 5309 grant submittal including quarterly milestone updates and grant
reimbursements for eligible project expenses through the TEAM and ECHO systems
respectively.
3. The City intends to work cooperatively with DCTA and other stakeholders in the
development of a suitable location, environmental review, design, and construction of the
facility.
4. Currently the estimated total project cost is $$3,731,628 with $3,109,690
expected to come from federal funding and $621,938 advanced by Denton as its local share.
DCTA intends to reimburse the City $621,938 of its local share expenditures upon completion of
the work and acceptance of the work by Authority.
5. This MOD is expressly conditioned upon and subject to the parties entering into
mutually satisfactory definitive written agreements as to all aspects of the transaction and is not
binding upon the parties in any way, except to the extent that it reflects the good faith intent to
proceed to negotiate definitive written agreements with respect to the general terms and
conditions herein contained. Unless and until ;"such written agreements are entered into, none of
the parties shall be under any obligation to any other party, regardless of this letter and regardless
of any negotiations, agreements or understandings heretofore or hereinafter existing between the
parties, it being understood that no contractual relationship shall exist between the parties unless
and until the definitive agreements shall have been executed in writing.
Exhibit 2
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DRAFT MINUTES
City Council Mobility Committee
Friday, November 17,2006
After determining that a quorum of the Mobility Committee of the Denton City Council was
present, the Vice Chair of the Committee on the Mobility convened an Open Meeting on Friday,
November 17, 2006 at 9:00 a.m. in the City Council Work Session room, 215 E. McKinney
Street, Denton, Texas.
Present:
Vice Chair Bob Montgomery, Mayor Perry McNeill
Ex Officio Member:
Mark Nelson, Chief Transportation Officer
Absent:
Chair Pete Kamp, excused
Jim Coulter, excused
Also Present: Frank Payne, City Engineer
Bob Tickner, Parks & Recreation Specialist
Ron Menguita, Planner II
Brian Lockley, Planner IV
John Polster, ITS
Ann Forsythe, Boards & Committees Coordinator
Stan Lynch, Dean International, Inc.
John Hedrick, President, DCT A
Scott Neeley, VP Operations, DCTA
3) Receive a report, hold a discussion and provide a recommendation on a Memorandum of
Understanding with the Denton County Transportation Authority related to the proposed
Downtown Denton Transit Center.
Mark Nelson, Chief Transportation Officer, reviewed past action and discussions concerning the
Congressional funding earmark received in FY 2005 and that it would need to be programmed
by September 2007. To facilitate program funding by the September 2007 due date, FTA staff
recommended that a grant application be submitted no later than May 2007 to allow sufficient
time for the application review process by both the Regional FTA office in Fort Worth and the
FTA office in Washington, DC.
With the formal selection of station locations by DCT A in September 2006, City of Denton and
Denton County Transportation Authority (DCTA) staff has been working to identify components
to be included in a proposed Interlocal agreement between DCT A and the City of Denton. The
purpose of the Interlocal agreement is to memorialize the responsibilities of each entity with
respect to the planning process as well as outline the procedure for the eventual transfer of the
asset from the City of Denton to DCT A.
Exhibit 3
1 November 17,2006
2 Page 2 of2
3
4
5 Initially, one site, located at the southwest corner of Railroad Avenue and Hickory Street, was
6 being considered for the Downtown Transit Center. This location was viewed as a site of
7 opportunity capable of accommodating bus passenger transfers and later, should commuter rail
8 be introduced to Downtown, the facility could also accommodate rail passenger transfers. This
9 proposal would have essentially been a build to suit facility for DCT A and upon completion
10 would have been transferred to DCTA for long-term operating purposes. At the conclusion of
11 the October 17, 2006 City Council Work Session, it became evident that other options may be
12 considered including the renovation of existing City of Denton facilities for the purpose of
13 accommodating the downtown transit facility.
14
15 With this understanding, DCTA and City staff agreed to discontinue working on the proposed
16 Interlocal agreement in favor of a Memorandum of Understanding (MOU). Because it is not
17 known whether an existing facility would be leased or transferred to DCT A, the proposed MOU
18 will allow the flexibility to consider other options and move forward with acquiring professional
19 consulting and engineering services to perform a feasibility study to evaluate available options.
20
21 Both DCTA and City of Denton staff anticipate that an Interlocal agreement would be entered
22 into after a final option has been identified and properly vetted with the appropriate boards and
23 committees.
24
25 McN eill stated this is basically a mechanism to allow the City to begin spending the funds
26 received.
27
28 Nelson stated that was correct.
29
30 McNeill made the motion to recommend approval to the City Council with a second from
31 Montgomery. The motion passed by a 2-0 vote.
32
33 The meeting was adjourned by consensus at 10:15 a.m.
34
AGENDA INFORMATION SHEET
AGENDA DATE:
December 12, 2006
DEP ARTMENT:
Utilities ..
Howard Martin, 349-8232
ACM:
SUBJECT
Approve an Ordinance authorizing the acquisition through agreement or eminent domain of an
approximate twenty five foot wide Utility Easement, and an approximate twenty five foot wide
Temporary Construction Easement for the Robson Ranch Water Project generally located in the
E. Pizano Survey, Abstract Number 994, and the B.B.B.& C.R.R. Co. Survey, Abstract Number
158, Denton County Texas; and providing an effective date thereof;
BACKGROUND
The City entered into a Letter of Understanding (LOU) with Robson Denton Development, LP in
January of 2000 that outlined utility services for the Robson Ranch development. The LOU
provided that Robson would provide wells for temporary water service which would be operated
and maintained by the City, until the City's Lake Ray Roberts water treatment facility, and the
ground storage and booster pump station facility to be located off of John Payne Road east of
Interstate 35W were completed. The last component of these public water infrastructure projects,
the Southwest Booster Pump Station, is currently under construction as part of the Water
Utilities Capital Improvements Program. The pump station is slated to be fully operational by
the early next year. Robson will pay for its share of capital facilities through the normal
payment of impact fees applicable to all of the water system customers in the Robson
development.
The LOU stipulates that Robson Denton Development shall be responsible for extending a water
distribution line from the Southwest Pump Station facility to the Robson Ranch Development.
There are six tracts needed for the construction of the subject water line. Robson Denton
Development, LP has been negotiating the easement acquisitions and it has become apparent that
they will not be able to come to terms with all of the property owners. It may well be necessary
to use the City's power of eminent domain to acquire some of the easement tracts. It is the
typical City policy to require land developers to procure any off-site street right-of-ways or
easements necessitated by their development on their own. There are instances in which the
development of a particular site generates a regional need to insure the public health, safety and
welfare beyond the limits of the proposed development. This is one of those instances, as the
waterline will provide service to all of the water system customers in the Robson development as
well as being an integral part of the overall regional infrastructure components being considered
to provide water service to this area of the City. City Council authorized an Ordinance in July of
2006 that approved an Agreement with Robson Denton Development, L.P., which binds the
developer to cover the costs of the easement acquisitions. Pursuant to the provisions of the
Agreement Robson Denton Development, L.P. has deposited $425,000.00 with the City to cover
the costs associated with the easement acquisitions.
This Ordinance supersedes and replaces Ordinance Numbers 2006-197, and 2006-198. The
intent of this new Ordinance is to define and clarify the limits of the entire subject waterline
project, and serve to authorize the acquisition of all of the necessary easement tracts. Staff
recommends approval of the Ordinance.
OPTIONS
1. Approve the Ordinance.
2. Do not approve Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
PUB Approval July 10, 2006
City Council Approval of Ordinance Numbers 2006-197 & 198, July 18, 2006.
FISCAL INFORMATION
The Developer, Robson Denton Development, and L.P, will pay for all costs associated with
these acquisitions.
EXHIBITS
1. Ordinance
R~es~e~tfullY~S~~~itted'
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Jimmy D. Coulter
Director of Water/Wastewater
Water Administration
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Real Estate Specialist
2
S :\QUf Documents\Ordinances\06\Robson Ranch Condenmation Ordinance-final-2.doc
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE ACQUISITION THROUGH AGREEMENT OR
EMINENT DOMAIN OF AN APPROXIMATE TWENTY FIVE FOOT WIDE UTILITY
EASEMENT AND AN APPROXIMATE TWENTY FIVE FOOT WIDE TEMPORARY
CONSTRUCTION EASEMENT FOR THE ROBSON RANCH WATER PROJECT
GENERALLY LOCATED IN THE E. PIZANO SURVEY, ABSTRACT NUMBER 994, AND
THE B.B.B..& C.R.R. CO. SURVEY, ABSTRACT NUMBER 158, DENTON COUNTY
TEXAS; AND PROVIDING AN EFFECTIVE DATE THEREOF.
WHEREAS, after due consideration of the public interest and the use and benefit to
accrue to the City of Denton, Texas,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Public necessity exists, ~ public welfare and convenience require, and the
City of Denton does hereby exercise its home-rule and statutory authority to acquire by
agreement or eminent domain, an approximate 25 foot wide permanent and perpetual utility
easement and an approximate 25 foot wide temporary construction easement for one year from
the date of the start of the project, over, under, and across the course shown in Exhibit "A"
attached hereto and made a part hereof by reference (the "Easements")~ The project is referred to
as the "Robson Ranch Water Line Project"~ The City Council hereby finds and determines that
the acquisition of the Easements through agreement or eminent domain is for a public purpose to
provide utility, including water utility services to the public and the citizens of the City of
Denton, Texas~
SECTION 2~ The City Attorney, or his designee, shall have the authority to do all things
necessary and appropriate to acquire the Easements through agreement or eminent domain. The
City Council delegates to the City Attorney, or his designee, the details of accomplishing this
objective including, but not limited to, obtaining final surveys, title insurance, engineering
matters, title search, offers, proper documentation, and filing and prosecuting eminent domain
proceedings.
SECTION 3. This ordinance supercedes and replaces Ordinance No. 2006-197 and
2006-198.
SECTION 4~ This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M9 SNYDER, CITY ATTORNEY
BY:
S :\Our Dxuments\OrdinanccS.06\Robson Ibncb CoodemILiltioo Ordinance--finid~2..d.o(
Page
2
AGENDA INFORMATION SHEET
AGENDA DATE:
December 12, 2006
DEP ARTMENT:
Utilities
Howard Martin, 349-8232 ..
ACM:
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the city of Denton,
Texas to advance additional funds to the Texas Department of Transportation pursuant to the two
Advanced Funding Agreements previously executed, approved and in place for utility relocation
contributions on state highway improvement projects, such agreements being executed and
approved by the City of Denton and the Texas department of transportation; authorizing the
expenditure of funds therefor; and providing an effective date. The Public Utilities Board
recommends approval (5-0).
BACKGROUND
TxDOT is widening the existing Loop 288 paving from a combination of two lane road and four
lane divided to six lane divided between IH35E and University Drive. With the wider roadway
there will be correspondingly larger drainage facilities, improved signalization and turn lanes.
Consistent with all other TxDOT projects of this nature, utility providers are normally required
to "clear" their facilities from the right-of-way (ROW) prior to the onset of the paving
construction.
In October 2004, PUB was presented with a memorandum listing the history of this project and
the possible pros and cons of the construction of the City's utility relocations in conjunction with
the TxDOT job. Inasmuch as the schedule was compressed to the point that independent
relocation of the utilities by the City was not a viable option, it was generally agreed that the best
course of action was to include the water and sewer utility relocations in the main project with
the highway widening, hopefully realizing a bid savings for the utilities through economy of
scale.
As a part of the process for bidding and constructing the project concurrently with the roadway
widening, funding for the City's portion of the project must be set up in advance. TxDOT
arranges for securing the funds in this manner through the execution of Advanced Funding
Agreements (AF As). The projected dollars for the construction of the utility relocations are
deposited with the State forty- five (45) days prior to the bid letting. In the event that the bids
come in higher than estimated, the State will provide written notification to the City, and the City
will have thirty (30) days from receipt of notification to provide the additional funding. At the
end of the project, the State performs an audit of the utility relocation costs. If the amount
provided in the AF A is insufficient to cover costs, the State will again provide written
notification to the City, and the City will have thirty (30) days to provide the required amounts.
If the amounts provided are in excess of that required for the project, the State would return the
remaining amounts to the City.
The Utility and CIP Engineering Department submitted final plans and specifications for the
City's utility relocations for approval by TxDOT in Austin in August 2005. The final opinion of
probable construction cost for water and sewer relocates was approximately $2.84 million
dollars. For water alone, the projected relocation cost was approximately $1.454 million dollars,
and for sewer alone the projected relocation cost was approximately $1.39 million dollars.
Inasmuch as these dollars were pulled from different funds, separate AF As were drawn up and
executed for water and sewer. The executed agreements dated October 4, 2005 are attached
hereto as Exhibit 1.
The overall project bid on December 2, 2005, with bids coming in decidedly higher than
projected. For the overall project, the opinion of probable construction cost was $29,172,002.11,
which included $2,887,654.02 for water and sewer utility relocates (the opinion of probable
construction cost was amended slightly after issuance of the AF As and prior to the bid date to
reflect adjusted quantities). The actual low bid amount for the overall project was
$38,926,855.47, of which $4,766,197.96 was for water and sewer utility relocations. Of the
$4,766,197.96, a total of $1,928,218.00 was bid for the water utility relocations and a total of
$2,837,979.96 was bid for the sewer utility relocations.
In the Schedule of Payments section in Attachment A of each AF A (Page 5 of 7), it states: "In
the event the State determines that additional funding is required by Utility at any time during the
construction administration of the utility improvements, the State will notify Utility in writing.
Utility will make payment to the State within thirty (30) days from receipt of the State's written
notification." Written notification has been received from the State requesting a total of
$1,922,200.00 in additional funding, or $474,220.00 (rounded up from $474,218.00) additional
for water relocations and $1,447,980.00 (rounded up from $1,447,979.96) for sewer relocations.
In order for the project to stay on track, payment associated with this additional funding must be
made to the State.
OPTIONS
1. Approve the additional funding for the Advanced Funding Agreements.
2. Reject the additional funding for the Advanced Funding Agreements.
RECOMMENDATION
Staff recommends approval of the additional funding requested by the State for the Advanced
Funding Agreements between the City of Denton and the Texas Department of Transportation in
the amounts of $474,220.00 for water relocations and $1,447,980.00 for sewer relocations.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This item was presented to the Public Utilities Board at its November 27, 2006 regular meeting. The
Public Utilities Board recommends approval 5-0.
FISCAL INFORMATION
A total of $1,145,223.00 was included in the Capital Improvement Program for the construction
and inspection of the water relocations project entitled Loop 288 Widening From Highway 380
to I-35E ($1,106,223.00 for construction and $39,000.00 for inspection). This budgeted amount
was almost $348,000.00 less than the original projected expenditure for these improvements and
almost $822,000.00 less than the actual bid amount for the water relocations. A total of
$1,692,000.00 was included in the Capital Improvement Program for the construction and
inspection of the sewer relocations project entitled Loop 288 Widening From Highway 380 to 1-
35E ($1,635,000.00 for construction and $57,000.00 for inspection). This budgeted amount was
approximately $245,000.00 more than the original projected expenditure for these improvements
but a little over $1.2 million less than the actual bid amount for the sewer relocations. There are
sufficient remaining bonds from previous bond sales to cover the cost differentials associated
with this relocation project.
BID INFORMATION
Not applicable.
EXHIBITS
1. Advance Funding Agreements
2. Ordinance
3. PUB Minutes
R~eSP~9tfullY~SUbmitted'
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Director Water Wastewater Utilities
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ORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY OF
DENTON, TEXAS TO ADVANCE ADDITIONAL FUNDS TO THE TEXAS DEPARTMENT
OF TRANSPORTATION PURSUANT TO THE TWO ADVANCED FUNDING
AGREEMENTS PREVIOUSLY EXECUTED, APPROVED AND IN PLACE FOR UTILITY
RELOCATION CONTRIBUTIONS ON STATE HIGHWAY IMPROVEMENT PROJECTS,
SUCH AGREEMENTS BEING EXECUTED AND APPROVED BY THE CITY OF DENTON
AND THE TEXAS DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the "Loop 288 Project" designated by the Texas Department of
Transportation ("TXDOT") from U.S. Highway 380 to IH 35-E is in progress with construction
commencing on the TXDOT highway improvement generally described as LP 288 CSJ: 2250-
01-012,021; provided that the City of Denton, Texas enter into two (2) agreements with TXDOT,
which agreements provide for the water and the sewer improvements needed to complete the
relocation of water and sewer facilities in conjunction with the roadway widening; and the City
of Denton and TXDOT did thereupon agree that it is more economical and/or efficient for the
utilities relocations to be effected by including the contract to relocate said water and sewer
facilities in the TXDOT Highway Construction Contract; and which agreements provided for
adjustments to the amount of the two Advanced Funding Agreements from time to time by the
State of Texas; and
WHEREAS, the first Advance Funding Agreement (the "Water AF A") was approved by
this Council by Ordinance No. 2005-314, enacted on October 4, 2005, and signed by the City
and TXDOT respecting the existing water lines that would, at all times, remain in the ownership
of the City of Denton, provides that certain water facilities shall be relocated and adjusted along
the route of the Loop 288 Project; the estimated original amount of this Advanced Funding
Contract is in the sum of $1,454,000 at that time (and the appended Standard Utility Agreement,
Utility Joint Use Agreement, and/or the Agreement to Contribute Funds, which constitute a part
of the Advance Funding Agreement); provided however, that the overall project bid returned on
December 2, 2005 resulted in a much higher bid than the State expected, that resulted in the State
adjusting the Schedule of Payments in Attachment "A" of the Water AF A upward, as it is
permitted to do under the terms of the Water AF A; therefore, the city has received notice that an
additional $474,220 is now owed to TXDOT on the Water AFA; and
WHEREAS, the second Advance Funding Agreement (the "Sewer AF A") was also
approved by this Council by Ordinance No. 2005-314, enacted on October 4, 2005, and signed
by the City and TXDOT respecting the existing sewer lines that will, at all times, remain in the
ownership of the City of Denton, provides that certain sewer facilities shall be relocated and
adjusted along the route of the Loop 288 Project; the estimated original amount of this second
Advanced Funding Agreement is in the sum of $1,390,000 at that time (and the appended
Standard Utility Agreement, Utility Joint Use Agreement and/or the Agreement to Contribute
Funds, which constitute a part of the second Advance Funding Agreement); provided however,
that the overall project bid returned on December 2, 2005 resulted in a much higher bid than the
1
Exhibit 2
State expected, resulting in TXDOT adjusting the Schedule of Payments in Attachment "A" of
the Sewer AF A upward, as it is permitted to do under the terms of the Sewer AF A; therefore the
city has recently received notice that an additional payment of $1,447,980 is owed to TXDOT on
the Sewer AF A; and
WHEREAS, an additional payment of $474,220 on the Water AFA, shall increase the
amount expended by the city on that AF A from $1,454,000 to $1,928,220 to date;
WHEREAS, an additional payment of $1,447,980 on the Sewer AFA, shall increase the
amount expended by the city on that AF A from $1,390,000 to $2,837,980 to date;
WHEREAS, the two said Agreements provide for the Actual Cost Agreement; the
Schedule of Payments for the City of Denton, subject to final audit; and the Work
Responsibilities of the City and of TXDOT regarding the Loop 288 Project; which Agreements
contemplate additional payments or adjustments of payments throughout the construction of the
Loop 288 Project; and
WHEREAS, the City Council having considered the two Advanced Funding Agreements
previously approved by the Council, that are required by TXDOT, and considering the
importance of the Loop 288 Project to the citizens of Denton, Texas, is of the opinion that it
should approve the two above-referenced advances pursuant to the two Advanced Funding
Agreements by and between the City and TXDOT; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The matters recited and contained in the above preamble shall be
considered as a part of this Ordinance for all purposes.
SECTION 2. That the City Manager is authorized to advance an additional $474,220
pursuant to the existing Water AFA (totaling $1,928,220); and is further authorized to advance
an additional $1,447,980 pursuant to the Sewer AF A (totaling $2,837,980); a copy of said Water
AF A being attached as Exhibit a copy of the Sewer AF A being attached as Exhibit "B."
SECTION 3. That the City Manager is hereby further authorized by the City Council to
expend all funds and to make any and all payments as are necessary under the two Advanced
Funding Agreements that are attached hereto as Exhibits "A" and "B" which are incorporated
herein by reference.
SECTION 4. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the _ day of
, 2006.
2
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
muMffD
By:
S:\Our Documents\Ordinances\06\TXDOT-Advanced Funding Agreements-Loop 288 Project-Additional #1-2006.doc
3
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 November 27,2006
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Presiding Officer convened into an Open Meeting, Monday, November 27,2006 at
7 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas
8 Street, Denton, Texas.
9
10 Present: Chair Newell, Dick Smith, Bill Cheek, Randy Robinson and Bob Bland (arrived at
11 9:06 a.m.)
12
13 Ex Officio Members:
14 George Campbell, City Manager
15 Howard Martin, Assistant City Manager
16
17 Absent: John Baines, excused
18 Phil Gallivan, excused
19
20 OPEN MEETING:
21
22 8) Consider recommending approval of additional payments in conjunction with two advanced
23 funding agreements (AFAs) between the City of Denton and the Texas Department of
24 Transportation (TxDOT) for the construction of water and sanitary sewer utility relocations
25 in conjunction with the Loop 288 widening project.
26
27 Frank Payne, City Engineer, provided a brief review of this project, which requires the relocation
28 of water and sanitary sewer utilities. Cost estimates were prepared in August 2005, bid in
29 December 2005 with the bid coming in decidedly higher than projected. The projected total cost
30 of the project was just over $29 million with the City's portion at $2,2887,000. The actual low
31 bid for the proj ect came in just under $39 million.
32
33 Staff has attempted, without success, over the past year to negotiate a deductive change order
34 with the contractor. Staff has now received written notification from the State requesting a total
35 of $1,922,200 in additional funding, $474,220 for water relocations and $1,447.980 for sewer
36 locations. Payne stated that in order for the project to stay on track, payment must be made to
37 the State.
38
39 Smith asked how much construction had been done and if staff was satisfied with the
40 construction. Payne was not sure how much construction had been completed, but guessed that
41 less than 20%, and it appeared that the quality of the construction is good.
42
43 Cheek asked where the additional funding would come from and for staff to provide that
44 information at the next meeting under the ACM report. Jim Coulter, Director of Water
45 Wastewater Utilities, stated that staff has budgeted that amount in this year's budget but that a
46 report would be provided at the next meeting.
47
48 Board Member Bland moved to approve with a second from Board Member Robinson.
49 The motion was approved by a 5-0 vote.
50
51 The meeting was adjourned by consensus at 10:15 a.m.
52 Exhibit 3
AGENDA INFORMATION SHEET
AGENDA DATE:
December 12, 2006
DEP ARTMENT:
Parks and Recreation Department
ACM:
Howard Martin, 349-8232 ..
SUBJECT
Hold a public hearing and consider adoption of an ordinance granting approval of a sub-surface
use of a portion of the Denton Branch Rail/Trail adjacent to the south side of Shady Shores
Road at Mile Post 726.9 for the purpose of a public utility easement in accordance with Chapter
26 of the Texas Parks and Wildlife Code; providing for the public utility easement; and
providing an effective date. (Parks, Recreation and Beautification recommended approval with a
vote of 5-0).
BACKGROUND
Upper Trinity Regional Water District has requested the use of parkland for the purpose of
placing a 20" sub-surface water line under the Denton Branch Rail Trail at milepost 726.9 south
of Shady Shores Road. This water line is to replace an aging line in Shady Shores Road serving
parts of the City of Corinth.
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 water line license is allowed, a value must be placed on the 0.054-acre section
and charged to the Upper Trinity Regional Water District. 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. The proposed water line is a replacement for an existing line.
A new route is not prudent, feasible or cost effective.
. Permit the proposed routing of a water line across the Denton Branch Rail Trail area to
connect to existing water lines and tank structures. After review of the options, it appears
this option is the only feasible and prudent alternative to providing transport of potable water
in this part of the city.
- 1 -
OPTIONS
City Council may approve or deny the recommendation to allow the routing of a water line
easement across Denton Branch Rail Trail at Milepost 726.9, 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 726.9 for a water line easement 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 2007.
PRIOR ACTION/REVIEW
The Parks, Recreation and Beautification Board recommended approval of this public utility
easement at a meeting on December 4, 2006 with a vote of 5-0.
FISCAL INFORMATION
Compensation related to this use is still under discussion with Upper Trinity Regional Water
District. 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:
e_ _~_~ "1'\. .fi~
~.iV-.a^
Emerson V orel, Assistant Director
Parks and Recreation Department
Prepared by:
~
Bob Tickner, Superintendent
Parks and Recreation Department
- 2 -
C:\DOCUME-l \c adick\LOCALS-l \T em p\Ol lip 26 Ordinance Upper Trinity Region al Walr:r Districe waterli.u c Easemmt MP 726.6 ] 2. I 2-06. doc
ORDINANCE NO.
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF
THE DENTON BRANCH RAIL/TRAIL ADJACENT TO THE SOUTH SIDE OF SHADY
SHORES ROAD AT MILE POST 726.9 FOR THE PURPOSE OF A PUBLIC UTILITY
EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND
WILDLIFE CODE; PROVIDING FOR A PUBLIC UTILITY EASEMENT; AND PROVIDING
AN EFFECTNE 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 provide for a required public utility easement
of approximately 118 linear feet across the trail for proper water utility services; and
WHEREAS, The Upper Trinity Regional Water District desires to construct a water
pipeline across the Denton Branch RaiVTrail since alternative options would not be feasible and
prudent; and
WHEREAS, the City provided notice in the Denton Record Chronicle on November 20,
November 27 and December 4, 2006 of a Public Hearing to be held on December 12, 2006 in the
Council Chambers to consider the alternatives to the use of City Park for the subject public
utility easement; and
WHEREAS, the City Council on December 12, 2006, 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 Branch Rail/Trail resulting from the public utility easement; 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 water line 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 l~ The Public Utility Easement and water pipeline proposed by the Upper
Trinity Region Water District (the "Project") shall 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 water line pipe
Exhibit 1
C:\fX)CUME-I~adid;;\LOCALS-l\Temp\OJap 26 Ordinance Upper Trinity Regional Water Disll'ke """lltcrlil1e Easement MP 726_6 12~12-06,dO(: .
shall 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 Project~
SECTION 2~ A Public Utility easement which is revocable as required by law (National
Trails System Act, 16 U~S.C~ 1247(d)) 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 protects the health, safety and general welfare of
the City.
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
, 2006..
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY.
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. ~ER, err. ATTORNEY
'-~~
By:
Page 2 of2
EXf.ll B.IT " A tt
UPPER TRIN"lTV REGIO.NAI~ WATE.R DISTRJC,7
SI-IADY SIIORES PlrEI..JNE REPLACEMENT PROJECT
PAllCEI~ 6A
OWNER: CITY OF DENTON "RAILS TO TRAILS"
.PERM~"fENT WATER LIN.E EASEM.ENT
I\t.E..P. & P.R.R. SURVEY, ADS. No. 911
DENTON COUNTY, TEXAS
Bcing a 20~ \\~it.lc permanent water line ensement out oflhe M.E.P & P~R.R. Survey,.
Abstmct No~ 9 t 1. :lnd oul or a I ~ 16 acre tmet or land conveyed io the City of Denton
"Rails to "'rails." by wtunnty deed as recorded in r>Cm.on CAlUnly Clerk~s lnstrumenl No~
(D~C.C.J.No.) 93~OO5g98S oflhe Deed Rec.ords of Denton CountYll Texas (D..~D~C.T.)~
said pernu1ncilt water line efiSetllent being herein more pnrti:cularly described by metes
and bounds as ro 11ows:
COl\IMENCING at a 5/8- iron rod found at northeast propcny comer of the said City of
Denton "Rails 10 Trails"" lract1 said commencing point being on the \vest property line of
a 3~ 780 acre tract 0 r land COtlVt-ycd to Jeancuc W. Dut1on~ by warranty deed as recorded
in Volume 1642. Page 958 or the D.R.D.{".T*~ said comnlencing point being on the south
righl..of-way line of Shady Shores Rmld. being a variable 'width public rig.ht-or-way~ suid
connnencing point al~o being at the beginning 0 f a non...tangt.~t curve to the right hilvlng
n radiUS of3840.01 fcct~
~rHENCE in a Southeasterly direction. along the easl property line oflhc mid Chyof
Demon ~"RtlHs. to Traits tract, along the said west property Une of the Dutton
tract and a long the said curve through an arc length of S. 98 feet Iud across n
chord having a direction of South 29' I '1- 24" East and a chord length 0 f 5 ~ 98
rCCl to the POINT OF BEGINNING.. said point being at (he hcginningofa
cun-e to the right having a rJt.lius of3840.01 feet;
Tit t: N CE in a Southeasterly di rection continuing along the said property lines and along
Ih~ said curve through an art length of 10.68 feet and across a chord having a
direction ofSnuth 29() 03; 57.. East and a chord length or 10.68 feel to a point;
TIIENCE South 28~ S~ J9" East. continuing along the said properly lint.~! n dislnnce or
t 2<95 feet to a point;
THENCE North 861:i 49f S'l- West a distance of 117. 70 f~et to a point on the west
property line of said City of Denton ~n.ai1s to Trails lrnct" said point being on
lhe east righ(4)f:"way line orOld Highway 71f said point also being a11he
beginning oCa noo,o,tangent curve to the left. having a radius of3740,01 reel.~
TIt ENCE in a Northwesterly direction it long the said propcrt y tine.. the !kJid ri ghl-of"'\\~ay
I ine and along the said curve 1 hrough an are length of 23 ~S S feet and across "
chord having a direction otNorlh 2.80 42- Sl- West ahd a chord length or
23.5.s {eet to a point;
TUENC'E Sooth 860 4~ StM East a distance or 117.55 fcello Ule POINT OF
BEGINNINC containing 0.054 acres or land more or Jcss~
(Exhibit NA~) Page I ()fJ
NOTE: The basis orOOmings for this survey is the Texas State Plane NAOS3, North
Ct...,tral Zone. The base SL1tions used rUT contro I on l'his survey are:
PlD Designation
DH7149 TXSG SAGTNAW CORS ARP
DF8986 TXDE DENTON CORS ARP
DF8981 TXCO COLLIN CORS ARP
Combined grid to surface scale factor: I ~OOO1493809
All distances shown are surf,acc&
.SURVEYORS CERTIFICATE*
TO ALL PARTIES INTERfSTED IN l'ITLE TO THE PREMISES SURVEYED~ 1 DO
HEREBY CERTlFY TllATTHE ABOVE LEGAL DES CR1PT.1 ON \VAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACfUAL AND ACCU'RATE SURVEY
uPON THE GROUND AND THAT SAME IS TRUE AND CORRECT.
Company Name: SfKXmer and AssociAtes~ ~Jn(~
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Date 0 r Survey: 9-18-06
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Exhibit 2
Denton Branch Rail Trail, Mile Post 726.9
Upper Trinity Water line easement crossing
1 DRAFT
2
3 Parks, Recreation and Beautification Board
4 Minutes
5 December 4, 2006
6 Civic Center Conference Room
7
8 Members present: Ross Richardson, Reggie Heard, Jo Kuhn, Allyson Coe, Dale Conway and Carol
9 Brantley. Staff present: Emerson Vorel, Bob Tickner, Amanda Green, and Mary Aukerman.
10 Members absent: Teresa Andress
11
12 Vice Chair Jo Kuhn called the meeting to order at 5:59 p.m.
13
14 The first order of business was for Vice Chair Kuhn to swear in new Board member, Dale Conway.
15
16 Awards and Recognitions - Emerson V orel was recognized as the newly appointed Interim Director
17 of Parks & Recreation.
18
19 Amanda Green wanted to recognize Teresa Andress winning a medal in her division for the 4.2-
20 mile course of the Reindeer Romp.
21
22 Approval of Minutes of November 6,2006 - The minutes stood as written.
23
24 ACTION ITEMS:
25 1) Proposed water line easement on the Denton Branch Rail Trail by the Upper Trinity
26 Regional Water District - Bob Tickner commented on the Chapter 26 item and then shared with
27 Dale that this state law protects the lands designated as parks and requires a public hearing
28 before any action can be taken on requests for use of park land and that the Parks, Recreation and
29 Beautification Board meets to approve the request prior to it being presented to the City Council.
30 He said that this easement was to replace an existing water line that is deteriorating and since it is
31 a sub-surface line there should be no impact on park property.
32
33 ACTION: Ross made a motion to recommend approval of the easement. Reggie seconded the
34 motion and it passed with a vote of 5-0.
35
36 DISCUSSION ITEMS:
37 1) Proposed name change from Civic Center Park to Quakertown Park - The committee of
38 Reggie Heard and Ross Richardson appointed at the last meeting offered their findings.
39
40 The committee met on November 27th to discuss the proposal. They wanted to make contact with
41 two of the principles that made the presentation at the November 6th meeting, Mike Cochran and
42 Fred Hill but were not able to connect.
43
44 The committee was concerned that the name Quakertown would not adequately recognize the
45 settlement, that the intent of the name change was to recognize the area or settlement and not the
46 people in the area, and did the proposed name recognize the entire City of Denton and the other
47 groups that use the park. They did feel that the name would recognize the settlement.
Exhibit 3
1
2 The Committee is not sure where the Sesquicentennial Committee stood on the issue. They did
3 know that the Arts Committee was spending $30,000 to recognize Quakertown with a mural in the
4 Civic Center and that an original Quakertown home was being conserved next to the Bayless-Selby
5 house.
6
7 To date they have still not been able to contact Mike Cochran because he is out of town, but Reggie
8 did talk to Council Member Heggins who indicated that this project had the Council's support.
9
10 Reggie suggested that the name be either Quakertown Park or Quakertown Park in Civic Center
11 Park.
12
13 Discussion by the Board came to these joint acknowledgments:
14 Preserve the history of the area as part of the history of Denton
15 No injustice to other groups in the City
16 Preserve the name of the area and the group in this area
17
18 Ross brought out that he wanted to keep Civic Center as part of the name, i.e. Quakertown Park in
19 Civic Center Complex, but had been informed that the complex was already named.
20
21 Jo caught Dale up on the discussion at last month's meeting.
22
23 Allyson thought Civic Center Park was too generic and did not speak to any group. She is in favor
24 of honoring an area with a name that speaks not only to the history of the park but also to the history
25 of Denton.
26
27 Ross and Reggie sought input for recommendation to act on this for next meeting.
28
29 Jo felt that if the Sesquicentennial Committee is opposed to the name change she felt the City
30 Council might not move forward. Ross thought the Council had not taken a stance at this time, but
3 1 Council Member Heggins said this action has Council support.
32
33 Emerson stated that the signs have been posted for the 45 day commitment period and he has had
34 only one call, which was a question as to why the change. Once he made the caller aware of the
35 situation, they had no problem with it. Reggie agreed that once he explains we are preserving
36 history he gets positive responses.
37
38 Allyson asked about the historical plaques in the park. She is in favor of identifying each park for
39 their history and importance to the city.
40
41 Carol Brantley arrived at 6:25 p.m. and Jo brought her up to date on the item under discussion.
42 Carol stated that after reading the item in the Sunday paper she thought it was a done deal.
43
44 The Committee will meet with the Sesquicentennial Committee for their input before the January
45 meeting. The consensus of the Board was that the Sesquicentennial Committee's view was
46 important to making a decision. If they are in agreement with the change the Board will move
47 forward, if not, the Board needs to know why and will continue discussion before taking a vote.
48
1 2) Termination of Co-sponsorship with the Denton County Girls Softball Association (DCGSA) -
2 Amanda Green, Leisure Services Superintendent, passed out a letter that was sent to the DCGS to
3 terminate their Co-Sponsorship Agreement with the City of Denton. An error on the letter stated
4 that the appeal should be brought to the Parks, Recreation and Beautification Board and she
5 apologized for that error. The City of Denton proposed to take girls softball back in house, once the
6 agreement is terminated.
7
8 Jo asked if Parks has documented the infractions by the DCGSA, to which both Amanda and
9 Emerson affirmed and also stated that the group had not met the conditions for the appeal. Jo
10 recommended that as long as the Parks Department has the documentation of the problems to
11 support their position; the Director of Parks should make the decision, not the Board. Ross asked if
12 Parks had the funding and staff if we take it back in-house and Amanda stated we did. All Board
13 members agreed that this is a function of the Interim Director not the Parks, Recreation and
14 Beautification Board.
15
16 DIRECTOR'S REPORT
17 Project Status Report - Bob said the Senior Center Request for Proposals are due back on
18 December 19th. Jo wanted to make sure the Senior Advisory Council was being kept up to date.
19 Amanda stated that she is keeping up with the process and will attend the Senior Advisory Council
20 meetings if asked.
21
22 The Civic Center Pool Enhancements project is moving forward. They are waiting on new parts
23 for the steps.
24
25 The Cedar Street Streetscape Project bids are also due back on December 19th.
26
27 The Prairie/Robertson Rail Trail Bridge did not get funded from the Federal Highway
28 Administration because of Hurricane Katrina. Bob stated that staff would need to decide how to
29 proceed based on additional Federal money becoming available and the proposed construction of
30 the new rail line.
31
32 Razor Ranch Development drainage may be an issue to North Lakes Park. They have proposed
33 15 acres in the complex that has yet to be determined to be a public park or a privately owned
34 park.
35
36 There being no further business, the meeting was adjourned at 6:51 p.m.
AGENDA INFORMATION SHEET
AGENDA DATE: December 12,2006
DEP ARTMENT:
Planning and Development
..
ACM:
Howard Martin, 349-8232
SUBJECT
Hold a public hearing and consider adoption of amendments to the Mobility Plan. There are two
proposed changes (CA06-0004 Amendments to the Mobility Plan). The Planning and Zoning
Commission recommends approval (6-0) and the Mobility Committee recommends approval (3-
0).
BACKGROUND
On September 12,2006, Council approved 13 of 17 proposed Mobility Plan amendments, tabling
the remaining four (#2, 4, 8, and 12) to be brought back to Council after further analysis and
additional public meetings. The existing Mobility Plan reflecting the 13 approved changes is
provided in Exhibit 1.
On January 20, 2006, the City Engineer, presented to the Mobility Committee 19 proposed
changes to the Mobility Plan. At this meeting the Mobility Committee directed staff to hold
public meetings with property owners affected by the proposed changes to receive public input.
Numerous public meetings have since been held on the proposed Mobility Plan amendments,
with the number of actual amendments proposed changing over the course of the past year.
Comments received and responses prepared from those public meetings are presented in Exhibits
3-8.
On July 21, 2006 the Mobility Committee voted (3-0) to forward the final slate of 17
amendments as presented to the Planning and Zoning Commission for review and
recommendation. On August 23, 2006, the Planning and Zoning Commission held a Public
Hearing and voted 6-0 to forward the amendments to City Council for review and action.
Amendment #2 Mills Extension (west)
On September 5, 2006, staff held a public meeting with property owners to discuss proposed
Amendment #2 Mills Extension (west). Staff is recommending that proposed Amendment #2
Mills Extension (west) be removed from further consideration. The Mobility Committee
concurred (3-0).
Amendment #4 Four Lane Extension (From U.S. Hwv. 77 to Milam Road)
Public meetings were held on April 20, 2006 and May 31, 2006 concerning proposed
Amendment #4 - Four Lane Extension (From U.S. Hwy. 77 to Milam Road). Comments
received from these meetings and responses are provided in Exhibits 4 and 5. There were no
additional public meetings scheduled for this proposed change following the September City
Council meeting. Staff has subsequently met with Mr. Dillard and it was agreed that when the
developers plat they would have the option of applying for a Mobility Plan amendment. Staff is
recommending the proposed change be approved as presented on Exhibit 2.
Amendment #8 Mavhill Road Realignment
On October 20, 2006, a developer submitted an application for a preliminary plat on the
southwest corner of Mayhill Road and Spencer Road. The preliminary plat application affects
the proposed Amendment #8 - Mayhill Road realignment because the developer does not have to
dedicate right-of-way for a roadway that is not currently on the Mobility Plan. Therefore, the
proposed realignment that ran thought the subject property has to be reconfigured. Staff is
recommending that proposed Amendment #8 - Mayhill Road realignment be removed from
consideration and be brought back at a later time after a new realignment is identified and a
public meeting has been held to discuss the proposed realignment.
Amendment #12 North-South Connection - Creekdale to Ryan Road
Public meetings were held on March 23, 2006, August 31, 2006 and October 19, 2006
concerning proposed change #12 - North-South Connection - Creekdale to Ryan Road.
Council members Pete Kamp and Guy McElroy hosted the October 19, 2006 public meeting.
After the October meeting, most of the misunderstandings about the intent of the Mobility Plan
were either resolved or general acknowledgement of the necessity of the roadway was
acknowledged. Comments received and responses prepared from this meeting and previous
meetings are provided in Exhibits 3, 6 and 8. Staff is recommending the proposed change be
approved as presented in Exhibit 2.
PROPOSED CHANGES
The recommended changes reflect proposed roadway routings to improve or enhance
transportation circulation and connectivity. The following list explains the numbered changes on
Exhibit 2 in detail:
4. Four Lane Extension (From U.S. Hwy. 77 to Milam Road) - These changes are intended
to be responsive to proposed development in this general area and to address the concerns
of the residents along Ganzer Road and Chinn Road. The proposed orientation eliminates
the severe bends currently shown on the Mobility Plan.
12. North-South Connection - Creekdale to Ryan Road. Remove Montecito in the same
limits - The current proposed alignment of Montecito between Ryan and Creekdale will
require substantial engineering and construction costs to elevate it above the current
creek. The new alignment will provide the same connectivity benefits and eliminate
these other issues.
OPTIONS
1. Adopt the amendments.
2. Adopt the amendments with changes.
3. Table the amendments.
4. Deny the amendments.
2
RECOMMENDATIONS
The Planning and Zoning Commission, the Mobility Committee and the staff recommend the
proposed amendments to the Denton Mobility Plan be adopted.
PRIOR ACTIONS/REVIEWS (Council, Boards, Commissions)
January 20,2006 Mobility Committee Meeting
April 21, 2006 Mobility Committee Meeting
May 19,2006 Mobility Committee Meeting
July 21, 2006 Mobility Committee Meeting
September 20, 2006 Mobility Committee Meeting
October 20, 2006 Mobility Committee Meeting
August 23,2006 Planning and Zoning Commission Public Hearing
September 12,2006 City Council Public Hearing
EXHIBITS
1. Denton Mobility Plan Map
2. Mobility Plan Proposed Changes October 2006
3. March 23,2006 Public Meeting Comments and Responses
4. April 20, 2006 Public Meeting Comments and Responses
5. May 31, 2005 Public Meeting Comments and Responses
6. August 31, 2006 Public Meeting Comments and Responses
7. September 5, 2006 Public Meeting Comments and Responses
8. October 19,2006 Public Meeting Comments and Responses
9. January 20,2006 Mobility Committee Meeting Minutes
10. April 21, 2006 Mobility Committee Meeting Minutes
11. May 19,2006 Mobility Committee Meeting Minutes
12. July 21,2006 Mobility Committee Meeting Minutes
13. September 20,2006 Mobility Committee Meeting Minutes
14. October 20, 2006 Mobility Committee Meeting Minutes
15. August 23,2006 Planning and Zoning Commission Public Hearing Minutes
16. September 12,2006 City Council Public Hearing Minutes
17. Mobility Plan Amendments Ordinance
Prepared by:
Ron Menguita
Planner III
Respectfully submitted by:
Brian Lockley, AICP
Interim Director of Planning and Development
3
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Memorandum
To: Brian Lockley, Actor Director of Planning
From: FrankG. Payne, P.E., City Engineer~
Date: April 13, 2006
Re: Proposed Mobility Plan Amendments - Response to Comments Received in Conjunction With
March 23, 2006 Public Meeting
As you are aware, there was a public meeting held on March 23, 2006 to present proposed
amendments to the Mobility Plan to the public. The affected areas of the Mobility Plan that were
discussed at this meeting included the realignment of Hickory Creek Road at F.M. .1830 and the
construction of a new north-south connection between Ryan Road and Creekdale to replace
Montecito. The sources of comments, the comments received and the responses to each are as
follows (comments noted as being received during the meeting mayor may not include comments
added by the intern taking notes, Jane Gurney):
1. Comment card received from: Colinda Fridley, Good Samaritan Society: liThe Society, as an
affected landowner, may not have been properly notified. We want to go on record that we
were not notified properly. Please discuss the rationale for the location of the 4 lane connector.
It appears to end in a housing development (Creekdale). Where is the traffic congestion
coming from that a 4-lane connector is needed? If the traffic will be coming from the Ashton
Woods development on Creekdale and the planned developments on the O'Toole/Stewart
tracks to the east of Good Sam, Good Sam wants the 4-lane connector on their property as we
will not benefit unless we develop our tract, which we have no plans to do in the near future.
What will be the width of the connector and where will the connector be located - on GSS land,
on Stewart/O'Toole or half and half? The Society's tract is rather narrow and the highway
would probably decrease our property values significantly. How will the landowner's be
compensated? Will the connector have a median down the center? Which portion of
Montecito will be abandoned - north or south of Ryan Road? When will the connector be
built?" Response:
8. I have no response to the comments relative to notification, inasmuch as Engineering
is not involved in that effort.
b. The roadway classification shown on the proposed amendment would ideally be
decided by the TIAs. prepared in conjunction with the various developments
surrounding its extents. Developers would then build their portions of the roadway as
they come forward with properties for development. The amendment shown is for a
collector, or in this case a two-lane roadway with 65-ft minimum ROWand 37 -ft of
pavement without a median, not for a four lane road. Inasmuch as the connection of
Montecito from Ryan Road to Creekdale is problematic from the standpoint of grade
H:\Roadway Projects\Mobility Plan\M-Lockley2.doc
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and drainage, this roadway is intended to provide a north-south corridor to replace this
road.
c. The developer's share of this roadway,.triggered when the property is final platted and
goes to construction is 25-ft of pavement and one side of the curb and gutter.
d. It is not anticipated that Montecito would be extended south of its present location, at
least not on the Mobility Plan.
2. Comment card received from: Kelly Wooley, 1916 Del Mar Ct., Denton TX 76210:
"Speed limit. Stop signs throughout neighborhood (Lexington Park). Notification of
Lexington Park Residents. Address Children's park on Creekdale/Del Mar (Safety
accommodations)." Response:
a. Unless there is a reason to sign the roadway differently, the speed limit defaults
to the prima facie speed of 30 MPH. Existing speeds seen in the neighborhood
mayor may not support the adjustment of the speed limit upward based on the
actual speeds utilized by the traveling public, but Traffic Safety Commission has
gone on record of not posting limits less than the prima facie limit.
b. Although it may seem contrary to common sense, speeds actually tend to
increase on signed residential streets following the installation of stop signs as a
result of drivers trying to make up for lost time between signs and on non-signed
streets as a result of drivers being aware of the sign installations on the crossing
streets. The City's Traffic Engineer is drafting a letter to a resident in this same
neighborhood on the very same topic. To quote form the letter liThe City does
not install said ROW assignment traffic control devices at the intersection of two
residential streets until there is a demonstrated situation that meets at least one
MUTCD (The Federal Highway Administration's (FHWA) Manual on Uniform
Traffic Control Devices) warrant and as further augmented by the Traffic Control
Devices Handbook. Once a warrant is met, an engineering investigation of the
site will be made as to the appropriateness of the ROW assignment traffic control
device. The intent of the investigation is to determine if providing other less
restrictive remediation(s) (Le. removing sight distance restrictions such as plants
or through parking restrictions, installation of warning signs, installation of
pavement marking(s), etc or any combination thereof) is appropriate. If the
situation continues after appropriate remediation(s) has been tried, then the
warranted ROW assignment traffic control device can be considered for
installation. The first order of installation of a ROW assignment traffic control
device is a yield sign(s) and if this does not work, then a stop sign installation.
ROW assignment traffic control devices will generally be installed on the lesser
volume roadway, unless a study shows and a determination (in writing) is made
as to why the major volume roadway is to have the ROW assignment traffic
control device. After presentation of the materials, this policy was unanimously
adopted by the City's Traffic Safety Commission on October 3, 2005."
c. I have no response to the comments relative to notification, inasmuch as
Engineering is not involved in that effort.
d. The City will investigate the park location relative to the road and will consider
measures aimed at increasing the relative safety, beginning with signs and
markings as appropriate to raise the awareness of the traveling public.
3. Comment card received from: Jerry Cardwell, 4983 Settlers Creek Rd, Denton TX 76210:
"Why do we kneed this road. When you have Ryan Road already! What does this
accomplish? Do you realize how many house this effects?" Response - This comment was
aimed at the proposed relocation of Hickory Creek Road north out of the flood plain. The
proposed relocation is aimed at placing the road in a . feasible location out of the flood plain.
The citizens were told that this property would not be affected unless or until it is sold and
developed or the surrounding areas develop to such an extent that the citizens vote this project
in as a CIP project. The intent of a road of this service level (primary arterial) is to
accommodate the traffic that should be generated by the development that is anticipated in this
area. Ryan Road is a secondary arterial and is located north of Hickory Creek Road.
4. Comment card received from: Tommy Calvert, Sr., 5139 Settlers Creek Rd, Denton TX
76210: "Has there been a environmental impact study done on the effects of this plan
amendment?" No, at this stage (conceptual) in the process, an environmental impact study is
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not required or appropriate (route is not finally determined). Depending on the financing
mechanism of the road (type of funds utilized), a formal environmental impact study is probably
not required.
5. Comment card received from: Nathan Abato, 7612 Sunburst Trail, Denton TX 76210: "I'm
concerned about a 6 lane highway popping up 200 feet behind my house. Prior to construction
please notify me so I can put my house on the market." Response - I spoke with Mr. Abato
after the meeting. He intends to sell his house in the next few years. When I explained to him
that, in the absence of an impending CIP project, the earliest this project would occur would be
in 5 to 10 years assuming that property to the west of him sells and develops, he was satisfied.
6. Comment card received from: Brent Trice, President Ryan Ranch Home Owners Association,
7621 Sunburst Trail, Denton TX 76210: "How will this newly proposedRd impact the school
zone at Montecito & Hickory Creek Rd. What is the proposed/anticipated traffic volume in front
of the grade school. What would the volume of traffic be on Creekdale. if Hickory Creek was
closed at the rail road tracks." Response - There should be no effect on the school zone from
the extension of Hickory Creek Road. With no certainty of how this area will develop, there is
no way for us to project traffic volumes into the future. I would assume that traffic on Creekdale
could dramatically increase in sections, depending on where traffic left Hickory Creek Road
and traveled north to intersect Creekdale and continue east or west. Creekdale is a collector
and Hickory Creek Road is a primary arterial, so the change in traffic volumes could be
dramatic.
7. Comment card received from: Steve Buttry, 15950 Dallas Parkway #750, Dallas TX 75248:
uSince the current Montecito alignment is 100% on Good Sam's property where ever the new
alignments goes it should still be 1000/0 on Good Sam's property." Response - Inasmuch as
this is a statement of opinion, no response is needed.
Comments expressed during the meeting in response to the presentation on the realignment along with
responses provided are as follows:
1. "Are they keeping Hickory Creek Road open? If so, why?" Response - Yes, Hickory
Creek Road is planned for expansion as a primary arterial to accommodate traffic volumes
that are likely for this area if it continues to develop.
2. "Why is the Hickory Creek Road extension so big?" Response - A primary arterial is
configured as a six-lane divided roadway with 135-ft of ROW.
3. UWhat will Hickory Creek look like at Swisher Road? Will it be a primary arterial all the way
through?" Response - Yes, the intent is that it would continue to the east as a primary
arterial all the way toF.M. 2499.
4. "What will you do about traffic on Country Club Road? Adding another primary arterial will
contribute to traffic." Response - Adding a roadway will not contribute to the traffic. It will
only allow the traffic that will be there anyway to be conveyed more efficiently.
5. "Will Hickory Creek Road eventually connect to Hwy. 377?" It is not anticipated that this
road will extend this far to the west at this time.
6. "With the addition of a 6-lane highway next to the park on Hickory Creek Road, what will
be the impact on the easements on the park and elementary school?" Response - The
roadway in this location was approved in this configuration in the previous bond election
so it is not anticipated that additional effects on the ROW in this area will be seen.
7. "Does the City have plans to do an Environmental Impact Study for Hickory Creek Road?
Concerns voiced about drainage in area, especially of water coming off the street. Erosion
from Ryan Road is causing drainage problems currently." Response - This question was
answered above (from one of the comment cards). The handling of drainage was
discussed in general.
8. "If Ryan Road is eventually built as a 6-lane roadway, will the City get rid of culverts
currently on private property? Will Ryan Road become a 6-lane road?" Response-
There was general discussion to the effect that, if the area continues to develop as it is
now, Ryan Road may become a primary arterial, but it is currently configured as a
secondary arterial. Any drainage issues that are currently being experienced as a result of
the roadway would be addressed if the road were to be expanded or reconfigure.
9. "Has a cost effectiveness study been done to compare the two options discussed (putting
a bridge through flood plain vs. the new option)? Response - No, but the City will look at
H:\Roadway Projects\Mobility Plan\M-Lockley2.doc
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conceptual level costs for each route. The length of roadway appears to be close to the
same for either option, so the major difference would be the bridge and associated
improvements required to leave the road in its present location.
10. "ls this a done deal?" Response - No, this is the discussion and fact-finding phase of the
amendment process. It will not be a "done deal" unless or until Planning and Zoning and
City Council approve the modifications to the Mobility Plan.
11. "No stop signs currently, where will they be? Park is close to roadway now, and traffic
volume and speed is an issue. What.can be done to lower the speed limit in the area?"
This question. was also on one of the comment cards and the answer provided at the
meeting is the same as that shown herein above.
12. "What is driving the proposed amendments? Is it development driving them? Is
development being encouraged by the amendments?" Response - The development
along Country Club Road that is trying to get off the ground now was discussed in relation
to how Hickory Creek Road configuration was modified for the more northerly
configuration. Development is not being encouraged by the amendments, but if
development continues the improvements will almost certainly be needed.
13. UWhat happens if property is never developed?" Response - If the property north of
Hickory Creek Road does not sell and eventually develop, there will be no real mechanism
to drive the road construction unless a CIP project is proposed and approved by the
voters.
14. "If adjacent properties are developed, isn't the City then forcing people to develop their
own land?" Response - The City is not forcing anyone to develop any property; however,
the configuration of Hickory Creek Road, whether it is left in its current location or
realigned as proposed, as a primary arterial is intended to carry anticipated traffic volumes.
15. "As proposed, He realignment will cut through middle of private property, making it
unsuitable for development/sale by leaving fractions too small to be built out. If road was
constructed along property lines, or closer to existing roadway and railroad tracks, it would
have less of a negative impact on current property owners. Owners submitted rough
drawing to outline suggestions." Response - General discussion in the context of the
meeting. No response necessary at this time.
16. "Was notification done properly?" Response - The City provided the attendees with the
methodology used to notify the affected area.
17. "Previous information from City staff regarding road construction and cost is not being
followed (Good Samaritan property). How will landowners be compensated? What is the
time line for Hickory Creek amendment?" Response - The City staff in attendance at this
meeting were not aware of the information discussed by the Good Samaritan
representative. A response to this item was provided from the comment cards.
18. "Hickory Creek realignment - access to property for development, is this the motivation for
realignment? Please move alignment on map to reflect property line." Response - The
aerial photograph on which the proposed realignment was drawn did not line up correctly
with the property lines as intended. The intent of the realignment is to move the road up
and out of the flood plain.
I trust that this memorandum answers all questions received to date on the subject amendments. Let
me know if you have any additional questions or need any additional information.
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Memorandum
To: Brian Lockley, Acting Director of Planning
FlaIm Frank G. Payne, P.E., City Engi~
DaIs May 10, 2006 V fJ
Rs Proposed Mobility. Plan Amendments - Response to Comments Received in Conjunction With
Apnl 20, 2006 Public Meeting
As you are aware, there was a public meeting held on April 20, 2006 to present proposed
amendments to the Mobility Plan to the public. The affected areas of the Mobility Plan that were
discussed at this meeting were related primarily to the area bounded by IH35 on the west and
F.M.. 2164 on the east and by Milam Road on the north and loop 288 on the south. In addition to
this large area with a number of roadway components, the addition of frontage roads paralleling
Loop 288 from U.S. Hwy. n to approximately u~s. Hwy.. 380.were presented. The sources of
comments, the comments received and the responses to each are as follows (comments noted as
being received during the meeting mayor may not include comments added by the intern taking
notes, Jane Gurney): '
1.
Comment card received from: Jane Meaney, 4711 N. Bonnie Brae, Denton. TX 76207:
We're not even in the City. Do it for those who want it It would cost too much - you can't
even finish 288 at the mall. Whoever plannedlwanted this. let it go through his house.."
Response: Inasmuch as these comments are statements of opinion rather than a question~
no responses are needed. It was pointed out in the meeting that the drawing distributed with
the meeting notice was in error: It is not the intent of the proposed amendment to the
Mobility Plan for the road shown to go through Ms. Meaney's property.
Comment card received from: Ray Roberts, 2136 Chinn Road, Denton TX 76207: "Your
move North of Bonnie Brae turns Ganzer at .Chinn Road" - then North - this. basically
destroys 3 homes - Carter, Rander, Baker. Bonnie Brae should follow the original plan & if it
must go North, intercept the Ganzer line North of Mr. Baker's home. Bonnie Brae Road
should "not" be extended on North beyond Ganzer - Development being constnrded will
have adequate roads & exits." Response:. Again, these comments are primarily statements
rather than questions. In the meeting, the various alternatives to the routing of a primary
arterial in the old Bonnie Brae alignment were discussed north and west of Ganzer Road.
Comment card received from,: Dartene Rector, 4711 N. Bonnie Brae, Denton TX 76207:
"Why are you taking property that belongs to our Heavenly Father. The. city wiIJ paid for
taking property that belong to God people." Response: .The purpose of the proposed
amendments and reasons for the changes were discussed in detail in the meeting.
Comment card received from: Shawn Carter: 'Why in front of my house? Why do you need
a four lane Road within half mile of freewayT Response: The purpose of the proposed
amendments and reasons for the changes were discussed in detail in the meeting.. It was
explained that almost all of the roadway changes/additions shown are on property owned by
two major property owners that intend to bring development to the area and that requested
the routes shown on the map. Inasmuch as the revised routes provide at feast the same
level of connectivity previously shown on the City's Mobility Plan, staff was not opposed to
the specific routes requested. Persons attending the meeting were given the opportunity to
stand up and point out the impact of the proposed roadway routes to their properties.. It was
explained that the intent of the routing of the road along old Ganzer Road was to take aU the
right-of-way (ROW) from the eastern line of the existing ROW to the west, prima,rily off the
developer's property.
2..
3.
4.
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5. Comment card received from: George Rae, 2300 Chinn Rd, Denton TX 76207: "When can
we anticipate sewage and water for Chinn RoadT Response:- It was explained that the
same mechanism bringing the roads to the area (development) would also bring utilities up
into this area.. Ulil"dies would not likely be extended down Chinn Road unless the area was to
be annexed and a capital improvement program (CIP) project was initiated to extend the
utifdies through the existing neighborhood..
6. Comment card received from: Ken Stewart: "Will the proposed .plan result in taking and
destroying family residences? Why would .you take out long standing family residence on
Ganzer by this plan rather than the right of way going through vacant land?" Response:
The intent of the lines drawn on the Mobility Plan is to provide a schematic for the road
network in developing areas to ensure that the proper capacity roadway is provided. The
intent is not to didate the exad location of the roadway,...and no houses were intentionaly
targeted by the proposed amendments. It was explained that the lines were schematic in
nature only and that the existing ROWs YJere utilized as much as possible..
7. Comment card received from: J.F. Baker: None submitted on card. Response: It is
assumed that Mr.. Baker spoke in the meeting and that a response was provided below to
questions received during the open comment period as documented by Jane Gurney.
8.. Comment caRl received from: John Peppler: -Developers tine - estimated or anticipated
start date." Response: Representatives from both of the developers in this area were
present in the meeting and offered no feedback on this or other terns.. I explained that I
believed the developers were serious about developing the property but that I have no idea
what their timefrarne is..
9. Comment card received from: Lowell Gould: 'Why does Bonnie Brae culVe east just North
of Ganzer instead of going straight North! Response: Again, the purpose of the proposed
amendments and reasons for the changes were discussed in detail in the meeting. It was
explained that the intent of the routing of the mad along old Ganzer Road was to take aD the
right-of-way (R.OW) from the eastern line of the existing ROW to the west, primarily off the
deveIope(s property..
10. Comment card received from: Gloria Delaney, 6202 FM 2164, Sanger TX 76266: "What is
the planned for FM 2164 and when? Are there plans to extend the city limits North? I so -
how far? When? $$$?? Who will pay for this expense which will benefit the developers?"
Response: It was explained that the purpose of the meeting was to discuss proposed
amendments to the Mobility Plan, not annexation. It was also explained that development
would drive the construction of the roadways and that aU of the traveling public should benefit
from the improved connectivity and roads. Development will come to the area whether or
not the CIy does anything on the Mobilily Plan, so ensuring that the development brings
forward the proper capacity roadways is in the best interests of the existing residents.
11.. Conment card received from: Alred A. Croix, nag lIeson Road, Aubrey TX 76227: -wiD
Denton City provide utilities in the Ganzer-Bonnie Brae-Chinn area or will water come from
Bolivar WSC?" Response: It was explained that the area is within the CCN of Denton
Water Utilities and that whenlif publiC utilities are extended to the area they will be provided
by the City of Denton..
12. Comment card received from: Denise Eberhardt, 6829 Ganzer Rd E, Denton TX 76207:
-00 any of our concems reaDy matter - if we don' approve of your proposed plan does it faU
on deaf ears?" Response: I explained to the attendees that the City is interested in their
vievvs and that their input would be canied forward to the Mobility Committee the foBowing
day and in written backup. In addition, public forums at Planning and Zoning (P&Z) and City
Council wiD provide them with opportunities to express themselves with regard to the
proposed amendments.
13.. Comment card received from: Kenneth Hatridge, 2062 Chinn Road, Denton TX 76207:
8. "If there are different options on the change of the road, why did we not get all plans?
Some in the area of Chinn Road and Ganzer did not get any notice at all?"
b. 'Why is the City in County jurisdiction?"
c.. 'What are the reasons forthe changer
d. 'Why are you destroying 3 homes are getting dose?n
e.. -why are your maps not correct? Chinn Road is not marked correct?"
Response:
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a. Different options were considered before notifications were provided to property
owners. Notification limits per Code were explained to the attendees and the fact that
all of the people along Chinn Road were actually outside those limits for the proposed
amendments. staff felt like these residents needed to have a chance to provide their
input, so notices were posted regardless of the Code mandated boundaries.
b. The area in question is in the cnys exlratenlorial jurisdiction (ET J), meaning that the
City's platting requirements .apply to development One component of those platting
requirements is the provision of roadways in accordance with the Mobility Plan.
c.. The purpose of the proposed amendments and reasons for the changes were
discussed in detail in the meeting.
d. The intent is not to dictate the exact location of the roadway, and no houses were
intentionally targeted by the proposed amendments. It was explained that the lines
were schematic in nature only and that the existing ROWs were utilized as much as
possible.
e. It was explained that the private road west of Ganzer was incorrectly labeled Chinn
Road. I was an inadvertent error in the preparation of the map.
14. Comment card received from: Ed Wolski, 2436 135 E South, Denton TX 76205: 'Who is
paying forthe parallel coDectors? What Wll happen to the approved Comprehensive Plan for
this area? Service roads not collectors were approved forthis area. How will the 5 acres on
North-East comer of 288 and stuart be affected? A collector would make this property
worthless for commercial or mufti family development, wouldn't it? A collectorthru the middle
of this property would adversely affect this property, corredT Dr. Wolski did not speak in the
meeting, but instead followed up with an a-mail to staff with the same basic questions:
"There were a lot of angry people at the meeting Thursday evening. I understand how they
feel. I own 5 acres at the Northeast comer of Loop 288 in stuart Road. The proposed
parallel collector in the proposed mobility plan would cut this property in half. Cutting the
property halfwould make it worthless. I am opposed to this proposal. Also the property at the
intersection of VVindsor and Loop 288 has an approved Comprehensive Development Plan.
Parallel service roads were approved in the Comprehensive Development Plan. Building
parallel coBeclors instead of service roads would greatly increase the expense of developing
this property. The wider collector roads would waste more land and would be more . .
expensive to build. I am also opposed to this proposal.- Response: A response was
provided to Dr. Wolski via e-mail: "Thanks for your comments Dr. Wolski. We will
incorporate them with the ones we received last night. We discussed the parallel
connectors as being right up against the TxDOT ROW. not offset as shown on the
drawings for visual purposes, so the intent is certainly not to cut any property up in this
manner. However, if a developer is interested in offsetting the roadway to afford
development space on both sides of a mad, the City would certainly work with them..
The parallel "service roads" you're discussing are no different than the streets shown on
the Mobility Plan amendments, spurred in part by the TIA done by your development."
15. Comments received by mail from: Perry N. Trietsch: "If you take my land for a 6 lane
highway with a buffer zone I will not be able to use my tann. It wi leave me with a narrow
strip of land on each side of the 6-lane highway. This would be making a freeway through
the middle of the farm. TIis wiD destroy my property. My farm is on the north end of the N.S.
Connection to Milam Road. Please reconsider this route." Response: As discussed in the
meeting, the intent of the lines drawn on the Mobiliy Plan is to provide a schematic for the
road network in developing areas to ensure that the proper capacity roadway is provided.
The intent is not to dictate the exad location of the roadway, and no houses were
intentionally targeted by the proposed amendments. It was explained that the lines were
schematic in nature only and that the roadways north of numbered amendment 17 (4-lane
east-west connector south of Milam Road) would likely only be constructed if and when
those affected properties sell and develop. If Mr. Trielsch retains his property and does not
sell it to someone that intends to develop it. the fanning operation should not be disturbed..
Comments expressed during the meeting in response to the presentation on the various I1eYI roads and
realignments along with responses provided are as follows:
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1. 'What alternatives were considered? What is the cost of the CUNes shown in the roadway?
\Nhy not have a straight line? What is the City doing in County jurisdiction? There has just
been confiscation of property, why are you doing it again?" Response: It was explained
that the City had originally looked at alematives that induded placing numbered alternative 4
much further to the west, but that the developer lobbied for the alternative shown. Again,
the City's attempt to use existing ROW to the exlent possible was explained, as well as the
City's platting jurisdiction in its ET J. I have no comment relative to "confiscation of property."
The ROW negotiation process was explained, . and i was stated that property values are
negotiated, not dictated.
2. "Bonnie Brae should not go past Ganzer Road. The new intersection of Ganzer is an area of
concern as it is impacting houses and properties from Ganzer up." Response: This was
really more of a statement than a question. General disaJssions were held on concerns of
the proximity of this roadway to residences.
3. "Straighten the proposed roadway to develop away from Baker property.- Response: This
was a statement rather than a question, and the speaker's input was noted for use in Mobility
Committee meeting.
4. "Why are you taking property from rightful owners?" Response: I don't recall exactly how I
responded to ttis question in the meeting. However, the City of Denton is not taking any
property for any of these roadways. Almost all of the roadway changes shown are on
property owned by two major developers, and these entities requested almost aU of the
alignments shown. The roads are being shown so that when and if the property develops, a
minimum schematic of roadways of appropriate capacities are provided to ensure the
traveling public can move around.
5. 'Road is going through private property; don' make a curve) in the roadway - go through the
field to not impact private property owners, and keep roadways away from homes with
children. - Response: These comments were addressed above (from one of the comment
cards).
6. When wiD sewer and water be in areaT Response: These conments were addressed
above (from one of the comment cards).
7. "Chinn Road - will the plan take privateJramily residences? Straighten road or curve beyond
residences; move to west of proposed alignment." Response: These questions/comments
were addressed above (from one of the comment cards).
8. "Developer-driven to entice developers? Is this to get the Mayor what she wants - $250K
housesT Response: These questions/comments were addressed above (from one of the
comment cards).
9. W1at is the fonan to effect change if I am a county resident (not a city resident)T
Response: It was explained that the next meeting to discuss the proposed changes and
feedback would be the MobIlity Committee meeting on Apnl 21, 2006, followed by public
hearings at P&Z and City Council.
10. ~ to look at properties on the ground before .making decisions based on maps.-
Response: Inasmuch as this was a statement of opinion rather than a question, no
response was provided at the meeting beyond the reasons for the proposed amendment
already discussed.
11. -change Ganzer Road instead.. Response: Inasmuch as this was a statement of opinion
rather than a question, no response was provided at the meeting beyond the reasons for the
proposed amendment already discussed.
12. "Move curve towards IH35." Response: Inasmuch as this comment is a statement of
opinion ralherthan a question, no response is needed.
13. "Do concerns raised really matter? What is the value. of input into the final decision?"
Response: These questionsfcomments were addressed above (from one of the cornmert
cards).
I trust that this memorandum answers all questions received to date on the subject amendments. Let
me know if you have any additional questions or need any additional infonnation..
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Memorandum
1b; Kelly carpenter, Director of Planning J D
From: Frank G. Payne, P..E.r Cfly Engineer ~~tV7
DabB June16,2006
lis Proposed Mobility Plan Amendments - Res to Comments Received in Conjunction With
May 31, 2006 pubnc Meeting
As you are aware, there was a public meeting held on May 31 II 2006 to present proposed
amendments to the Mobility Plan to the public.. The affected areas of the Mobility Plan that. were
discussed at this meeting were related primarily to the area bounded by IH35 on the west and
F.M. 2164 on the east and by Milam Road on the north and Loop 288 on the south. The sources
of comments, the comments received and the responses to each are as follows (comments noted
as being received during the meeting mayor may not include comments added by the Planner
taking notesl Ron Menguita):
1.. Comment card received from: Carolyn Schertz Manard, 4748 N. Bonnie Brae, Denton TX
76207: -At the last meeting (4120106) I filled out my name and address and phone number on
the three different registers because I was not notified of the Apnl 20th meeting. The Mobility
Plan cuts my property in half - is that why I wasn't notified of this meeting? The 2/10 of a roDe
from my driveway to mine and Meaneys comer and the 2/10 of a mne from my comer to my
brothers comer have been in my family for 100 plus years. That property is not for safe and is
not considered for development If the proposed development needs additional roads. why not
put the road through the development? We already pay taxes on the road in front of out
property and have foryears..- Response:
a. Ron Menguita discussed the mail.out for the notification and stated that he was not
sure why various individuals received notification and others did not It had nothing to
do with the possible effeds on Ms~ Schertz's property.
b.. General discussion of why the roadways were configured as shown was covered at
length in the meeting.. Almost all of the roadways shown on the Mobility Plan
Amendments map are on property owned by two developers, so some amount of
deference was provided to the developers wishes in laying out the roadways.
2.. Comment card received from: Jeanie and Doug MMdams, 6377 MOan Ridge Road, Sanger
TX 76266: MaRing address is 4200 N-135 Et Denton TX 76207: -00 you know how soon the
area will be annexed into the City limits? \JVhere is nevi lift station, sewer lines or where would
they probably beT Response: There is no projeaed tirneframe for when or if this area win
annexed.. Ublities will be driven by the development of the area. and at this time there is no
way of kn(Mring where they would be located..
3. Convnert carel received from: Marie Landers, 6668 Ganzer Road East, Denton TX 76207:
Illis is MobtTrty Plans, why can' they use the land in front of my house, instead of my house?
WU we be contaded, when and where all these meeting take place? When do you think this
all Will take pface? V\Ihat about utilitiesT Response: There was general discussion again
about the intent of the lines shown on the Mobinty Plan (schematic in nature. not engineered)
and that intent was not to take anyone's houseJhome. Timing and utilities were discussed in
conjundion with the previous comment card.
4.. Comment card received from: Bent Carter, 2043 Chinn Road, Denton TX 76207: Wly not
move Bonnie Brae over 50 to 100 feet and make the new road straight in front of Carters and
lander's propertyr Response: This question was answered above in conjunction with a
previous comment carel.. A letter from the developer of the property west of this location
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(Galatyn Park Corporation), which stated that no ROW would be taken off adjoining property
D\NIlefS for ttis roadway. was read aloud. 11le representative for Galalyn. Mr. Roy Wilshire
with Kimley-Hom and Associates, was present and decJined to address comments or answer
questions..
5. Comment card received from: Denise Eberhardt, 6829 Ganzer Road East, Denton TX 76207:
-At the intersedion of Bonnie BraelGanzer - is it going to be a 4-way stop or will there be a
traffic light? Could Ganzer be dropped south and intersed Bonnie Brae to the west a little, so
Bonnie Brae coutI be flipped to use the west side of the NorthISouIh road? Carter. Landers,
and Baker do not have tum-around driveways - how do you expect. them to get out of their
homesT Response: It was stated that the intersection in question would be a IogicaIlocaIion
for a signal1 and Bud Vokoun provided an overview of the signal warrant process.. The
alignmert discussion of the various roads had already been answered in conjunction with
previous comment cards~
6.. ConmenI card received from: Dartene Redor. 4711 North Bonnie Brae. Denton 1X 76207:
"How much money is the City getting from the development to develop land? VVhat about the
safety of bic1de. people walkiJQ. rklng horse. school chikhn, etc. that comes on Bonnie Brae
at a daily basis? How is it going to affed Northlake Park who get paid to run races, their route
go on North Bonnie Brae? VVhat about the people who are caught in the middle of North
Bonnie Brae if two roads cross - will they put stop signs or lights for us to cross? Why take
fannland. whyT Response: The City of Denton is not gelling any money from any
developers to develop land~ Safety issues were discussed at length. Inasmuch as this area is
dose to a growing urban area. this land win evertuaIly develop~ especialy since the
neighborhood most affected is surrounded by property owned by two development groups
adiveIy looking at options. I have no knowledge or comnent relative to Northlakes Park or
activities conducted at that facility ~ As discussed, the city is not "laid ng" any property but is
sirnPY setting forth guidelnes for connedivily forwhenflf that property does develop.
7. Comment card received from: Shawn Carter. 6572 Ganzer Road, Denton TX 76207: Wly is
wrve still ooming toward my house? V\Iho is paying for mad and bridges that Will be going to
Milam Road?- Response: The alignment discussion of the various roads had already been
amvwered in conjUf'ldion with previous conment cards. The roadsIbridges or whatever ~ is
required to extend the indicated roads north to Milam will be designed and built as a part of
development if the affed:ed properties sell and develop or i the area is annexed and a bond
package induding these roads is adopted.
8. Conmenl card received from: GoIdon Smith. 6996 Ganzer Road" Denton TX 76207: -why the
need for the additional 6 lane North/South Road, instead of improving FM 2164?" Response:
F.M. 2164 is a TxOOT roadway. an:t staff is not aware of any TxDOT plans for inpuvemenI: of
this roadway ~ The sizes of the roads are thought to be necessary to carry the volume of traffic
expected with pmjeded deveIopnerf and gl'D'1Nlh.
9. Comment card received from: Ruby Finch, 4n4 N. Bonnie Brael Denton TX 76207: We
have 7 cIikIren under 7 years of age on the 4700 block of Bonnie Brae. We don' need a
freeway at their front door~ This land has been in out family over 100 years and we don' plan
to develop it How \'IiI this road effed taxesT Response: Inasmuch as the first portion of ttis
comment earn are statements rather than questions. no response is needed here~ I have no
knowledge how this will affed: taxes in this area, particularty in the absence of annexatkn
1 O~ Comment card received from: G.E~ Jung Johan, 2051 Milam Road E, Sanger TX 76266:
WI)' not move the north end of Bonnie Brae extension along the property Bne. than center
down the center of or east edge of our and our neighbors property? Makes more sense to
have us share the burden ratherthan split off a useless ~atr of property along the east side of
his and ours~. Response: General discussion of why the roadways were configured as
sho\WI was covered at length in the meeting.
11.. Comment card received from: Kristen Carter~ 2043 Chinn Road. Denton TX 76207: Wly
could there be a -side- road for Ganzer residents Ike they did on UnivelSily and BeD? \Nhen
the road (University) was made to 6-lanes, a new "side- road was put in for the residents
wrrenUy living on the north side of University.. So it would lke thS (a diagram was drawn on
the comment card)." Response: General discussion of why the roadways were configured as
sho\WI was covered at length in the meeting.. I am not fami6ar with the ciramstances of how
the residences, ROW and access were negotiated by TxDOT on the U~S~ Hwy~ 380 project
H:Roadway PrqecIs'Mobily PIan'M-CarpenIe.doc
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12.. Comment card received from: Billy Kellum: No comment was pmvided~ Response: Mr~
KeDl.I1l spoke at the meeting and asked that the roadway be signed aaoss his property rather
than across his neighbors to the north (Schertz property). It was agreed that staff would meet
separately with Mr.. Kelhm to look at a1t~
Comments expressed during the meeting in response to the presentation on the realignment along with
responses provided are as foIows (some of the corrmenIs tabulated were received during the period
that comment cards were being addressed and some of the questions/comments are duplication of the
corrment card notations):
1. Wly not align the "Souther1y East-West RoadwaY' south of existing Bonnie Brae?"
Response: The intent of this alignment is to provide connectivly from Ganzer Road on the
northwest (position fixed because of new bridge construction) and the extension of Long Road
on the southeast..
2~ Shawn Carter: Wly is the alignment still dose to my house?" Response: This question was
answered above (from one of the COITUl1enl cards).
3. "\^Jhy can' the IIFour Lane Extension (Old Bonnie Brae)" move west toward 1-35 N?-
Response: This question was answered above (fi'om one of the corrment cards)..
4. "\^Jhat safety provisions win be provided for bicycJists and pedestrians coming from Northlake
ParkT Response: This question was aJ&VeCed above (from one of the COIli.m cards)..
5~ "Will there be a stop sign or traffic light located on Bonnie Brae and Ganzer? Realign
proposed Ganzer Road alignmel1 more south. Property owners along existing Ganzer don'
have turn-around driveways to exit their property~. Response: This question was answered
above (from one of the oomment canE)..
6. KMove the C*Four Lane Extension (Old Bonnie Brae)" away from existing property frontage~~
Response: This was a statement rather than a question. General disalSSion of why the
roadways were configured as shown was covered at length in the meeting~
7.. .". there be two lanes developed filSt or wi. the 4 and 6-lane arteria~ be developed from the
beginning?' Response: It was explained that the number of lanes brought forward with
development is usuaDy determined by how the road sprds property "Dnes and who develops
first. Since most of these roads would be developed on property owned by one or the other
developers involved. the number of lanes buil coukl be phased to matd1 the phasing of the
development itself.
8.. VJiII there be sidewalks associated with these streets, Response: Yes.
9~ MHas anyone looked at the floodwaYt drainage impact?a Response - NOt not in any detail. It
is too early in the process to look at these issues from any more than an overal general
perspective.
10.. -vviII FM 2164 be widened? With vehicles coming from these 4 and 6-Iane arterials on to FM
2164, win it be impaded?" Response: This question was answered at least in part above
(from one of the comment cards). Greater voIlDleS of traffic inpacting the roadway may
influence TxDOT to look at the existi ng capacity of F ~M ~ 2164~
11. W1at is the tinefra'ne of the -rbtherIy East-West Connection- profX)5alf RespoIlSe: This
question was answered above (from one of the comment cards).
12.. Wlat is the noIificaIion pmcedurer Response: Ron Menguita discussed the maikH.d
procedures and extents for notification.
13.. WIen wiD properties be annexed into the City?' Response: This question was answered
above (from one of the comment cards).
14.. -..tas there been any disaJssion with the devefopeIT Response: There have been many
discussions with the developers. It was stated that the City understood that Mr~ Dillard with
GaIatyn Park Corporation had distributed copies of the Kinley Hom drawing of the various
alignments (basically the same as the Mobility Plan Amendments exhibit, this drawing was
displayed at the meeting).. Most of the attendees stated that they had not previously seen the
drawing.
15. ...-nbers of the Planning and Zoring Cormlission and City Coundl should visit the sites of
the proposed alignments.. Response: This was a statement of opinion rather than a question;
therefore. no response is needed..
16. "Has the City spoken to the developers regarding the concerns of the property owners?"
Response: Yes..
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17. 'Win there public transit be provided in this area?1I Response: It was stated that it would seem
IkeIy to have public transl in this area if and when the area is annexed.
18. \lVhen will the developer-s properties be annexed into the City?" Response: This question
was answered above (from one of the corrment cards)..
19~ \lVhat is the timeframe for water and sewer service in this area?" Response: This question
was answered above (from one of the comment cards)..
20~ "Are there plans for gas wells in this area?" Response: r have no idea of the potential
deveIopnent of gas wells in this area.. I provided the person that asked the question with a
contact name at the City (Quentin Hix) that might be able to supply infonnation on gas well
activily .
21. "\IVho are the decision makers and what is their contact infonnation?" Response: The
location of contact information for P&Z and Council on the City website
(VNIW.citvofdenton.coml was provided at the meeting.
22.. -Are there plans for sound wal~ Response: None that I am aware of at this time.. Normaly
this is seen on TxDOT projects rather than on City streets or County roadways~
23. ~y are the developers not here to speak to usT Response: This question was answered
above in conjunction with a previous comment caret The representative for Galatyn. Mr. Roy
WJshire with KinIey-Hom and Associates. was present and dec6ned to address comrnerds or
answer questions.
24. I1le proposed alignment of the -.=our Lane Exlension (Old Bonrie Brae)B is a safety issue.
Wth the proposed alignment there is a high probability that vehides wUllose control and end
up in my front yard.. Response: General disalSSion of why the roadways were configured as
shown was covered at length in the meeting.
I trust that ttis rnernorancbn 81lS\WKS aD questions received to date on the subject amendments. Let
me know if you have any additional questions or need any additional infonnation.
1-t'RoadtNay Prqeds'Mlbity PIan\M-Carpenler1 ~
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Memorandum
~4 . f2t \
'Y". .
~ ". ;t:4~'~" u~.]_ :;,-
1br Kelty carpenter, Director of Ptanning 1. 0
FnIDc Frank G. Payne. P.E., City Engineer ~
DaIBc Seplember612006
II.- Proposed Mobirrty Plan Amendments - Response to Commenls Received in Conjunction VVih
August 311 2006 Public Meeting
As you are aware, there was a public meeting held on August 31. 2006 to present proposed
amendments to the Mobility Plan to the public. This meeting was held at the request of the
Planning and Zoning Commission (P&Z) in response to comments received at the pubfic hearing
on the Mobility Plan held on August 23, 2006. The affected area of the Mobility Plan identified at
the P&Z meeting was primarily related to amendment No. 12. Creekdale to Ryan Road
connection; however. amendment No.. 1, the Hickory Creek RoadlCreekdale realignme~ was
also discussed.. The sources of comments, the comments receJved and the responses to each
are as foRows (comments noted as being received during the meeting mayor may not indude
comments added by the Intern taking notesll Jane Gurney):
1. Comment card received from~ Jerry ~I, 4983 Settlers Creek Roadl Denton 1X: -.-.as a
feasibility study been done, when willi be available to the pubficT Response: The general
fonnat for a projed was d~ and it was stated that a feasibility studyt if perfonned.
would be done in conjundion with an &dual design project, not at this point
2.. COmment card received from: Sonya HiD, 2201 Creekdale Drive; Denton TX: -conneding
Montecilo to Creekdale is entirely different from adding an adcfrtional T -intersection road from
Ryan to Cmekdale~ This #12 Road Will be used almost entirely to avoid the TeasleylRyan
intersection. This will result in increased traffic at higher speeds down CreekdaJe. Whal is the
projected date for oompleting the Cl'eekdafe connedOlS? VVhat is the projected date for #1Z1
By the 1ine this #12 projed becomes a crp projed. we will already have the Teasley Park
development, which wiD provide 8 mute from Creekdale to Ryan.. VVhy duprlCate that
oonnecIMly? We were told by the city thai: our neighborhood had to conned: to Teasley Park
because of -connec:tivity-. VVhy do we need to be connected twice in such a short spaceT
Response:
8. The first three sentences are statements of opinion rather than questions. so no
response is necessary.. . was pointed out. to the audience that traffic catning would
be utilized in the design of the ne\N collector street.
b.. This question was primady addressing the east-west coonedion of Creekdale.. There
is no projed.ed date for comJEting this connection..
c.. M this point in time, the schedule for consfrudion of amendment No.. 12 is entirely
driven by development.
d. It was Slated that if the Teasley Park development puts in a coIIedor that meets our
Code requirements then we might not need both mads~ The deveIopnent will have to
pedonn 8 traflic inpacl analysis (TlA) to set forth the connedMly needs for their
property .
3. Comment card received ftom: Richard Shennan, 2401 Creekdale Drive, Denton TX: -A
connecting road is already being construded in a neighboring devefopme~ why spend the
money which will be a redundant mule that in the interim wiD inaease hazardous traffic in a
neightxxtKXXl.. Response: This question was answered with the response to the previous
conunent carn.
H:'RoadYJay Prqects\ldoblty PlanW-Carpenter2.doc
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4. Comment card received from; MicheUe Johnson, 4000 Pimlico Ct. Denton TX: "VVhen will
Creekdale be finished? How many ranes of traffic is a co I rector street? How win this affect the
amount of traffic through our neighborhood? Behind Pimlico Court - how close will this road
be? Why wouldn't the priority be placed on the Teasley expansion before the #12 collector
road? youtre begging for traffic through ourneighborhoodrlt Response:
a. This quesoon was answered with the response to the second comment card.
b. It was explained that this roadway woukt consist of two lanes for traffic and space for
parking along the road~
c. General discussion was held as to the merits of this connection~ It is the CitYs
position that connectivity is necessary between Ryan Road and Creekdale and that
the amendment shoukt allow increased accessibility to both Ryan Road and Teasley
Lane. It was stated that this should not increase traffic through the neighborhood;
however. several citizens in attendance expressed concems that drivers would cut
through the neighborhood to avoid the light at Teasley and Ryan Road.
d. A general discussion was herd in the meeting about the orientation of the road versus
the area ;n question.
e. The improvements to F.M4 2181 (Teasley Lane) were discussed at the beginning of
the meeting. I stated that it did not appear that plans adequate for utility relocations
(60% complete) would be received from the State in the current calendar year.
Assuming plans are received in Spring 2007 and that it takes the City as long as 3
years to reJocate its assets out of the Teasley right-of-way (ROW)I it may be as late as
2013 in my opinion before F.M~ 2181 js completed (1 pointed out numerous times that
this is my own projection and not the State~s). The connection shown Ylilf provide a
secondary outret from the neighborhood and should help improve connectivity.
f. This last sentence is a statement of opinion rather than a question. so no response js
necessary. The intent of the connection was fully explained at the meeting~
5. Comment card received from: Bill Powitzky. 2005 Creekdale Drivet Denton TX: ~Is TEXDOT
the only one that can add improvements to Teasley lane? Can Denton put up Jights & tum
slots?" Response: Pennitted improvements can be effected by agencies other than TxDOT.
6. Comment card received from: KeUy WooJey) 1916 Der Mar Ct, Denton TX~ 'What is the
max. fane capacity for the N-S extension. VVhat win the speed limit be~ How will stop
signs be added in Lexington Park. When wi,r Creekdale connect in the middre (East to
West). When will N-S extension (Montecito) go in4 Short cuUdrag strip issues."
Response:
a. This question was answered with the response to a previous comment card.
b. The speed limit will be the prima facie speed of 30 mires per hour (mph).
c. This same comment was discussed in the last public meeting and addressed by
the traffic engineer in correspondence to a resident in the neighborhood~ Refer
to the response to comments from the March 23t 2006 public meeting provided in
a memorandum to Brian lockrey dated Aprjl13. 2006.
d. This question was answered with the response to a previous comment card~
e. This question was afso answered wjth the response to a previous comment card
(road wiJr not actuaJfy be an extension of Montecito but a replacement for thi s
roadway).
t This concern was discussed at length by a number of attendees at the meeting.
7. Comment card received from: Kent Woo1ey. 1916 Del Mar Ct Denton TX: "Why u; #12
necessary when a connector street is running paranel and has already been prated? Why
canlt Montecito be rerouted out of the drainage zone?- Response: There is no other
connector or corrector shown on the Mobility Plan at the current time other than Montecitol and
no coUector platted in the adjoining development as yel Jt was exprained that the development
in question, Teasley Parkf would be required to design the necessary streets to City Code and
that the fina' lot layout might not rook exact!y like the overtay district approved for the
development Because of the width and location of the floodprain. not to mention the bridge
necessary to make the Creekdare extension possiblet the realignment of Montecito south to
Creekdale is not considered viabre.
8. Comment card received from: Anonymous; MI don't mind extending Creekdale (please dor)
but I really have grave concerns about putting a conector road at this particular location for the
foUowing reasons: 1) Bus stop at Wheeler Ridge & Teasley; 2) Duplication of effort; 3) Traffic
H;\Roadway P rojects\Mobility Plan\M-Carpenter2.doc
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speed.. Response: This is a statement of opinjon rather than a question~ so no response fs
necessary. The intent of the connection was fuUy explained and discussed at the meeting.
9. Comment card received from: Birr Morse. 23176 Creekdalet Denton TX: --rraffic calming on
Creekdare once extension goes in~ Per Municipal Code - they talk about vehicle triPt what is it
on Creekdale. The proposed extender does effect Creekdale and which is why we keep
bringing Creekdare4~ Response: Traffic calming was discussed in general with exampres
provided such as narrowed pavement widths. etc~ Traffic calming is specificany discussed in
the NTransportation Design Criteria Manual- in Section 1.1.F (attached hereto as offered at the
meeting). Vehicle trips on Creekdare and on the connector betNeen Ryan and Creekdale wiIJ
depend on the type and density of development adjacent to both roadways.
10. Comment card received from: Liz Stokes. 2012 Bermont Park Drive, Denton TX; YWhat is
expected date for expansion of Ryan? What is plan to redirect traffic during expansion? How
many lanes wilt Ryan Road be? Is there a plan to give Lexington Park another (or 3rd) exit via
Hickory Creek Road?" Responso: There is no current schedure for the expansion of Ryan
Road. It is shown on the Mobility Plan as a secondary arterialt or a divided four-lane section.
but it is not a current CIP project It was exprained in some detan at different points in the
public meeting that the roadways schematicaUy represented on the Mobility pran win either be
built by a development when property changes hands or otherNise develops or when a CIP
project is approved by the voters (next CIP election will probably be in 2009 or 2010). Traffic
flow will be maintained during construction by staging half of the roadway at a time. I have no
knowledge of an exit for Lexington Park to Hickory Creek Road south of the neighbomood.
11. Comment card recetved from: Edwin Starr, 2004 Del Mar Ct Denton TX: "Although specific
costs for the proposed new roads may be difficult to calcu1atet can we at least get a
reasonable estimated price range taking into account inflation and the anticipated long delays
in executing construction plans?" Response: Probable construction costs are projected prior
to budgeting any public project Developers perform the same function when determining the
financial impact of attendant pu blic improvements to ttJe;r projects~
Comments expressed during the meeting in response to the presentation along with responses
provided are as follolNS (some of the commentS tabulated were received during the period that
comment cards were being addressed and some of the questions/comments are dupUcations of the
comment card notations):
1. Jerry Cardwelf, 4983 Settlers Creek Road. Denton TX: UHas a feasibility study been done.
when will it be available to the pubJic? Is this a done deal? When is a feasibiJity study done?
\Nhat are the projected times/scheduling for building of connector roads?" Response: This
question was answered above (from the comment cards).
24 Sonya Hill. 2201 Creekdale Drive, Denton TX: MPeopJe wiU go down Creekdale to avoid
Teasfey-Ryan intersection and traffic congestion at intersection. wm a Traffic Impact
Assessment increase the speed fimit on Creekdale? What biggers an increase in the speed
limit? Teasrey Park Development Duplication of correctors (function), 'Nhy do it at Creekdaret
too? Why not use the original Montecrto re-alignment?" These questions were answered
above (from one of the comment cards). It was exprained that speed limits other than prima
facie are set based on the 85th percentile of observed speeds over a study period. It is not
Iikery that the speed for the roads already in this neighborhood would ever be set aoove prima
facie (30 mph) or below it
3. Richard Shennan, 2401 Creekdale Drive. Denton TX: 'What is the rolelimpact on Mobifity
PJan of connectivity in other neighborhoods? Keep traffic out of neighborhood (Creekdale) by
changing routing; keep connectivity out of neighborhood. If Response: A general discussion
on the role of the Mobility Plan was conducted. as well as the need to connect Ryan Road to
Hickory Creek Road at an jntermediate point. Spacing of roads is often based on
predetermined design criteria in the absence of specific requests and traffic loadjng
jnfonnation.
4. Edwin Starr, 2004 Del Mar Ct, Denton TX: What is the process of designing roads, what is
the role of the residents. and does their wilJ matter? How do residents get their wishes
incruded in process and designs? VVho do they need to talk tor Response: The various
stages and types of roadway design projects were discussed in generaJ. As far as actual
design is concerned, residents do not normally playa rare in that stage of a crp project and
H :\RoadvJay P rojed:s\Mobility Plan\A4-Carpenter2rdoc
Page 3 of a
certainly not in a development rerated project. HO\^lever. the citizens can provide feedback in
public meetings such as this one and the backup from this meeting wjll be provided to City
Councit In additiont they are welcome to come to the Council~s Public Hearing on this issue
and make their positions known.
5. Bill Morse, 2317 CreekdaJe Road: "Will this change the capacity of Creekdale Road?
Understood Creekdafe was designated a coUector when purchased property, but feel it is
becoming a thoroughfare. If not done progressivelYr and in logical ordert then it wonJt work. i.e.
If Creekdale is done before Teasley, then it will put increased traffic onto Creekdale. What will
the traffic-caJming devices bar Response: The City is not proposing a change to the
capacity of Creekdale Road. The City cannot substantially influence when TxDOT comes in to
widen T easfey lane other than by accererating the utility relocations or through financial
contributions4 Traffic cafming devices for the connector between Ryan Road and Creekdare
were discussed in general above and are attached hereto for informational PUrposeS4 There
was general discussion of fully improving the Ryan Road intersection in advance of the F.M.
2181 widening by TxDOT; however. this is unrlkety because of grade adjustments to F.M.
2181 by the TxDOT design project
6. Bill Powitzky. 2005 Creekdale, Denton TX: "Currently very high volume of traffic in the
neighborhood1 especially moming and aftemoons (schoof beginning & ending); neighborhood
can1t support more traffic; and it should be addressed now. ft Response: This sentence was
an observation or statement of opinion rather than a questiont so no specific response was
provided.
7. Sonya Hilr; ~The city is assuming peopre will use the road - which is why they are building it:
why ~nlt it reasonable for residents to assume that peopre will use it at high capacity and
increase amount of traffic1 and speed of traffic?" Response: It was explained that the City is
not building this road (proposed change No. 12) and that it would be buirt by deveropment or
possibly at some point in the future by a voter-approved bond project. Connectivity between
roadways affords residents with options for ingress and egre~ and is norrnaUy considered to
be a favorable improvement It could be assumed that speed wilr be exceeded on any
roadway in town~ but through baffle calming devices and enforcement measures excessive
speed can be controned.
8. Richard Shermant 2401 CreekdaJe Drive. Denton TX.: "Can we connect the Creekdare
sections now existing?" Response: It was stated that the connection was deemed to be
possible and was continuing to be shown on the Mobjrity Plan for that reason. The ear1iest it
win likely occur is whenever it is approved as a CJP project through a bond election.
9. Liz Stokes. 2012 Belmont Parkt Denton TX: Asked for a clarification of the process for Item 12
to be built. Response: Thjs question was answered above (from one of the comment cards).
10. Richard Sherman. 2401 Creekdale Drive, Denton TX: .Win road not be built if residents from
Ryan to CreekdaJe roads complajn?" and K Wooley, 1916 Del Mar Court. Denton TX: Why
not join air other proposed roads, and avoid Creekdare7 Response: These questions were
listed together because they were rerated and Ulustrate the generar resistance to proposed
amendment No. 12 among the attendees at the meeting. A show of hands at this point in the
meeting was given in r.esponse to the question of Who present is not in favor of this particular
addition to the Mobility Plan?" The response was unanimous opposition.
11. Kerry Wooley: Requested clarification on traffic calming devices to be used on CreekdaIe.
~en wiJl stop signs be erected in neighbomood7 Response: This question was answered
above (from one of the comment cards)~
12. Sonya Hill: uFoUow the proposed amendments, don't change Creekdare~" Response: This
sentence was a statement of opinion rather than a questiont so no specific resJXlnse was
provided.
134 Charles Hackett, Argyle, TX: MAre straight roads safer than right angles?" Response:
Generally speaking, atl other conditions being equar, yes they are.
14. Richard Sherman; liThe width of the road affects speed. A 50 foot wide road will read to
increased speeds.1t Response: It was explained that the road in question would rikely be 37t
wide with two 12j lanes and parking arong the street
15. Kent Wooley: Mrf no neighborhoods are connecting, win road stjrr be buirt?" Response: It was
explained that development would Ukery be the driving factor in the construction of the road. If
the deveropment does not occur, the road will not be built in the absence of a bond-funded
project
H:\Roadviay Prcjects~obility Pia n\M-Carpe ntef2.doc
Page 4 of 8
16. At this point in the presentation, Steve Buttrey with HaUgan Land Development (developer for
Teasrey Park) was asked if he would like to speak about the timing and design of their project
as it refates to the MobiJity Plan. He declined.
17. Char1es Hackett II o eve toper proposing on east side of Amendment #12t is this the basis for
the Cftyts interest in Mobility Amendments in the area?- Response: No. The amendment as
shown is intended to replace the MontecSto connection currentfy shown on the Mobility PJan~
Because of drainage and grade concems, the Montecjto connection south to Hickory Creek
Road is not deemed to be feasible or affordable.
18r Kent Wooley: ~Can Montecito be moved to the westr Response: This question was
answered above (from one of the comment cards).
19. Bill Powitzky. 2005 Creekdale Driver Denton TX: MClartfy TxDOT/City of Denton relationship
regarding improvements to Teasley Road, i.e~ who is responsible for adding signals. turning
lanest etct how is this done? Can the City make changes to add tum lanes to Ryan Road, to
ease the traffic from the proposed changesT Response: This question was basically
answered as documented above with the comment card responses. The City can make
improvements at the Ryan intersection in advance of the Teasrey widening, but as explained
previousry these Improvements would essentially be temporary and replaced upon the
execution of the TxDOT project.
20. Bin Morse: --Are Creekdare segments going to connect? Closure of Nowlin Road makes it
impossible to easay tum around if forced to make a Tight turn (i~e4 too much traffic to be able to
make a left hand turn).- Response: This question was posed previously. and it is the intent of
the Mobility Plan for these segments to connect
21. Jeny Carctvvelt ats the South Loop 288 plan scrapped? The original alignment foJ1owed
Hickory Creek Road. Is this the goaf of the proposed changes to Hickory CreeklCreekdare
Roads?- Response: It was discussed in the meeting that jt was still desired to provide
connectMty from the western sections of future Loop 288 to the south, but the actual
connectivity is not tied down at this point
22. Kent Woorey: "\JVhen is this.scheduled to go to City Councilr Response: Attendees were
infonned that the Mobility Plan is schedufed for the City Council meeting on September 12,
2006 at 6:30 pm.
23. Steve Buttrey. Holigan land Development IIDid P&Z approve the change (Item 12) and then
suggest a meeting after they approved it and prior to it going to City Council7 Response:
Yes.
24. Richard Burch, 4466 Country Crub Roadt Denton TX.: What is the timetable for improvements
to F.M. 1830r Response: TxDOTs timetable for improvements to this roadway is not known
at th is time+
25. Liz Stokes: ~HON can residents get answers not provided in meeting. e.g. from TxDOT
representatives, Traffic Engineerst etc.- Response: The responses to questions not
answered in the public meeting are contained herein and win be forwarded as backup from this
meeting to City Council. In addition, residents are weJcome to come to the Councifs Public
Hearing on this issue and make their positions known4 Questions can be posed to the local
office of TxDOT as well.
26. BiU Powitzky: Did not receive notification. Felt that a number of residents were not notified.
Asked for clarffication of process. Response: Ron Mengufta explained the process for
notification and indicated that he wourd check on the addresses used.
27. Michelle Johnson. 4000 PimUco COU~ Denton TX.: -How many Janes win #12 be? How farwilr
extension go beyond existing alignment (Creekdale). is rt determined by piperine alignments'r
Response: The amendment shown is intended to be two lanes, one in each directiont and is
not intended to extend south of Creekdale~ Roadways are not normaUy routed on top of
existing gas line easements.
28. Bill Morse: "ls 2013 scheduled year for completion of Teasley? Is it likely to be completed
ear1ier or later? Why is City giving differing answers about timing, alignments?n Response:
This question was answered above (from one of the comment cards).
29. Kent Wooley: Which side of Teasley win utilities be on?-- Response: utilities are currently
located inside and adjacent to the existing ROW on both sides of Teasley, and it is likery that
they will be relocated outside the future ROW on the same sides. In addition, utility locations
depend on the developments they servet so if property develops on one side or the other of
the roadway, utilities wiJI folrow~
H:\Roadway ProjectsVvtobiUty Plan~rpenter2.doc
Page 5 of 8
The meeting adjourned at 9:00 pm. Other comments received in EH11an form from Liz Stokes on
August 30,2006 included the following:
UMr. Payne,
You and I (and Bud (?) the City Traffic Engineer) briefly spoke after the public heanng (just before
the voting) at the last PNZ Committee Meeting at which time you were kind enough to give me
severat of your cards to distnbute to my neighbors who live on CreekdaJe in Lexington Park.
Just to give you a short reminder of who I am: I was, unfortunately, the first person called to give
an opinion on the issue before the Committee regarding item no. 12. I five at 2012 Belmont Park
Drive in Lexington Park4 And honestlYJ I am just plane confused.
As you know, at the direction of the Committee1 an informal meeting has been scheduled with the
City (presumably you and others) for 8/31/06 at the South Branch of the Library at 6:30 pm. (I
courd have the location incorrect since I do not have the flyer with me~) The mailer received from
the City andlor PNZ Committee regarding the informal meeting specifically references Agenda
Item N04 12 - the change of the connection of Creekda le at Montecito4
Let me say before I forget: I sincerely appreciate your time in speaking wjth us. Now on to
business:
My source of confusion stems from the entire amount if information/disinformatlon/misinformation
that has been given to our community either from the Cjty~ the Developer, "themu. rn February or
March of this year a PNZ Committee meetjng was held regarding the expansion of Creekdale~
More specrficaUYI I cannot tell you as I was not informed of this public meeting since I do not live
on Creekdale. I realize that you are not responsible for the sending of notices; howevert I will say
that I am dismayed that I was not invited because at the time of this meetingt there were only 50
families (if that) in our subdivision. Most of whom did NOT reside on Creekdale. Thus, the smalJ
effort to notify everyone in our subdivision would not have cost the City that much time and effort
to notify the few residents in the subdivision at the time. Because of the City's decision to onry
invite uresidents't that fer! within a specified number of feeUyards of the expansion. onry 5 families
were notified - as this was and still js NEW CONSTRUCTION~
One family went to that PNZ Committee meeting and, honestly, I do not understand from the
account what occurred~ Specifically, it seems to me that the issue of whether Creekdare is to be a
collector road would haver in what I can tell from the information I have gatheredt been voted on
Jong before ground was even broken at Lexington Park. Thus, added source of confusion. SOt
my question to you is: At this informa' meeting, can we please have a clear explanation of the
plans for Creekdale and the expansion of the surrounding roads - e.g., Ryan, TeasJeYt etc.
(SpecificaJly, which govemmental entity wilJ be responsible for said expansions - e.g., City,
County, State, botht all, combination? What is the proposed timeline for said expansions? What
is the proposed redirection of traffic during construction?) The story seems to keep changing - at
one point Teasrey was to be 6 lanes, now it's 4.".(somethfng that seems a bit odd since 1-35E has
still yet to be widened to 6 lanes - something, to my understanding was to have been done when
Boeing came to town/county in the 80s); Ryan. live heard (from "themf') js to be 6 Janes...the
connector road (the one on which the oil drilrer is working and the side-deal to expand our section
of Creekdale was made without our input) has been rumored to be 6 ranesJ then 4 ranes, now at
the rast PNZ Committee meeting wetre tord ifs to be 2 lanes. At any ratet any connection of
Creekdale at this point wiU connect to Ryan via this road (oil driflers road) thus adding to our
traffic - this is what we are aU opposed to.
What about giving us an exit through the neighborhoods that connect to Hickory Creek Road? rs
that in the plan at some point? We have relied on the City and our Developer to our detriment at
this point. As mentioned by almost aJl of the nejghbors that came to the last PNZ Committee
meeting, a childrenls play area has been erected on Creekdare, based upon assurances from the
City. Money spent essentiaUy by the homeowners4 A walking traiJ was constructed around the
H: \Roadway Projects\Mobflity Plan\f.A-Ca rpenter2 .doc
Page 6 of a
subdivision ending at CreekdaJe based on the same assurances. What will happen to the trees
which separate our subdivision from the oil drillers property? The City made it a point to come
out and mark which trees were not to be touched when the warkway was erectedr..wiJI that matter
now that oil has been djscovered? Why was a side-deal reached with a private person and the
City that effected our Subdivision and we were not informed or consulted? Why cantt this driller
use Ryan to get to his property instead of traipsing through a residential neighborhood and tearing
up our new streets with his heavy equipment? These are some questions I think wetd like to have
addressed at the informar meeting~
It is my belief that the full expansion of Creekdare was rong ago decided - before Lexington Park
even broke ground...my belief is basedt in part, on the mere name of the streett .tCreekdateU; as it
does not even fit into the ItthemeU of our subd ivision.
What weld Uke to know1 in addition to the above, is: how can wet as residents, prevent additional
traffic coming into our neighborhood while the expansion of Ryan Road is progress. By
connecting Creekdale to anything at this point does not seemingly, according to Plant do that..it
effectively. does4 We want to know is. what. if anything, can and will be done to prevent traffic
from overflowing into our neighborhood to avoid construction? And, if a private citjzen (Mr. Oil
DriUer) can use our neighborhood street to gain access to his private property, why werentt we
informed of this deal and why can't another solution be utilized?
On a separate but related issue, it seems to me that Robinson Road was to have been expanded
to 4 lanes (or finished to 4 lanes) for many years now. Instead, drains and sidewalks have been
installed in the Denton section - stilJ mo lanesr This makes us wonder - will this happen to the
impending Ryan Road extension as well? If so, if the Creekdale connectjon is madet thus
con necting Ryan Rd into our community I how long will th is last? 10 years? 5 years?
I am obviousry a long trme resident of Denton and/or Denton County and lIve seen the
beginnings of many an expansion of City andlor County roads which have simply stopped while
constructlon has been allowed to continue~ This is a major concern to our residents as well.
I hope that we can discuss these issues more succinctJy at this informal meeting. Mr. Payne, as
a resident of Denton and Lexington Park1 I wish to thank you for your service to our community~ I
do not wish to be part of a futile fight (e~g.l fighting the expansion of a road if said expansion has
been previously presented to the PNZ Committee and/or City Council fong before ground was
broken for our subdivision); what I do wish to be a part of is fighting unnecessary traffic added to
our community because of poor planning and side-dears made with private citizens who have
discovered oilr
I look forward to meeting with you and your colleagues. Thank you for your time.
Sincerely,
Liz Stokes
Paralegal
American Eagre Communities. LLC
(972) 272-3676"
Response: Most of the items brought forth in the e-mail were discussed and crarified at the
public meeting. To recap in part what was discussed:
14 The meeting herd in March was a public neighborhood meeting, not a meeting of the P&Z
commjssion. Notification was conducted by Planning as set forth in the Code.
2. A timetable (or lack thereof) for the surrounding roads (Teasrey, Ryanf Hickory Creek)
was discussed at various points in the meeting as shown in the above meetjng notes~
3. Teasrey lane win be a six lane divided section. Ryan Road win be a four Jane divided
section. Creekdare is shown as a colrector.
44 I am not familiar with any IIIside-deals" for the extension of a road to serve an oil company.
Any roads constructed by or for an oil companyts use would not Jikely meet City of Denton
H:\Roa6J.lay ProjectsWobility PJanW-Carpenter2~doc
Page 7 of 8
standards for use as a public road. The onJy other north-south road in the immediate
victnity, other than Montecitot is a park road on the west side of the Good Samaritan
property.
5~ I am not aware of nor was I involved in conversations relative to the construction of a play
area in the affected neighborhood. Creekdare has always appeared on the Mobility Plan
to be extended to the west with a minimum of a sing'e intermediate north...south connector
(could be more depending on actual development). The only real difference is that this
north-south connector is no 'onger Montecito but has instead been moved to the east
6. Traffic congestion is always a problem in and around construction sites. Connectivity to
the neighborhood will be maintained. Ryan Road is not currently a programmed CIP
project
I trust that this memorandum answers an questions received to date on the subject amendments~ Let
me know if you have any additional questions or need any additional information.
H:\Roa~y Projects\ldobility Plan\M-Ca7pente r2.doc
Page 8 atB
F. Traffic Calming
. Traffic calming derices are pemjtted and required onlyon residentialand
CoIlecror streetS
· .- Appropriate signage and pavement ~s are to-be.provide~d along 'With all ' _ _
traffIC.C~ devices and are Jl,ot necessarily included in the f~s below.-
· Add.itiOn3.I right of way may "need to be dedicated in order to accomplish t:raffic
calming.
.SIDE\JALK
MEDIAN RADIUS = 131 WITH
~ REINFORCED PA TTERN
CONCRETE RAISED MEDIAN EDGE
SIDE \I ALIC:
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Figure I~l-F-l, Roundabouts
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Figure I-I-F-2J Raised Crosswalks
18' (BACK TO BACK)
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Figure I-l..F-3, Neck Downs
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. Md Block Medians shall be no longer than nyo lots I
. On street sections where driveways are permitted, the location and length of a
mid block median shall be s:rch that full driveway access is provided for at least
one drive'Wayon each lot.
. Transition back to nonnal srreet section at 1 foot of width to 5 feet of length.
1-18
PAVERS DR PATTERNED CONCRETE
RAISED INTERSECTION SHALL HAVE~
A MrN 0.5% SLOPE FOR DRAINAGE
'~-I
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CROSS WALK SHALL BE rNCDRPORATED~/T
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. 14' ~..
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Figure 1-1- F-6b,. Raised Intersection Profile View
CENTERLINE REFLECTIVE
BUTTONING REQUIRED
160 ~
- - ------- -----
Figure I-l..F-7>> Angled SIo-wPoint
1-19
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RAISED MEDIAN
MINI 2' REINFORCED
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COLORED & TEXTURED
Figure I-l..F-8, Gate'W3.yTreannent
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TYPICAL
18/
Figure I-I-F-9, ~ Block Lane Narrowing
1-20
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Figure I~ 1- F-l 0, Rumble Strip
. Raised pavers shall protrude 1.. \1 inches above the level of the pa,.ement and be
set in concrete pavement.
. Raised pavers will be placed one foot on center in each direction. A miniTTl11T1] of
five roVlS of pavers is. required, and pavers in each row shall be offs....$'( in
aJignment from the adjacent ro~ or rows.
. Pavers shill have a beveled or rounded edge.
1-21
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Memorandum
To: Kelly Carpenter, Director of Planning K7
From: Frank G. Payne, PE, City Engineer~~
Cc: Ron" Menguita, Brian LockJey and Jane Gurney \J
Date: October 27, 2006
Re: Proposed Mobility Plan Amendments - Response to Comments Received in Conjunction With
October 19, 2006 Public Meeting
i "
Council Members Pete" Kamp and Guy McElroy hosted a "town hallD style public meeting on
October 19, 2006 to discuss proposed amendments to the Mobility Plan w.ith the public. The
affected area of the Mobility Plan discussed at this meeting was primarily related to amendment
No. 12~ the Creekdafe to Ryan Road connection. Pete Kamp moderated the discussiont and the
meeting was led in an informal, open manner to encourage discussion. Ms. Kamp stated that the
meeting would be held as an open dialogue to clear up any misunderstandings that still exist on
the subject roadway. The main points of the introduction were: The north-south roadway is
intended to be a 2-lane collector with parking. built to city standards by a deveroper; The intent of
the Mobility Plan is simply to serve as a schematic to facilitate mobility development throughout
the e nti re city;" and - There have been safety concerns expressed by the pu blic; however, there are
also safety concerns from the standpoint of emergency personnel (police, fire! ambulance, etc)
due to a lack of access in the area under discussion~
The sources of comments, the comments received and the responses to each are as follows
(comments noted as being received during the meeting mayor may not include comments added
by the planner taking notes, Jane Gurney):
1. Comment card received from: Bill Morse, 2317 Creekdale Drive. Denton TX 76210:" JWhy
would there not be traffic calming on Creekdale through the" Lexington. Park Subdivision?IJ
Response: The existing neighborhood was accepted for development prior to the current
Code requirements relative to traffic calming~ It is possible to retrofit the existing streets with
traffic calming devices; however) it was stated that there is no current funding mechanism for
the City to pay for this retrofit Attendees were told to direct any further inquiries on adding
traffic calming to the Utility and CIP Engineering department
2. Comment card received from: Bill White, 7001 Riverchase Traill Denton TX 76210: llloppose
the propOsed road. We paid $20K extra for our comer lot and were promised by Legacy
Homes the land would never be developed. Now we face noise, trash, crime, traffic & danger."
Response: This home is actually on the west side of the creek channel, approximately 3f50Q'
west of the street in "question. The extension of Creekdale itself to the neighborhood in
question has been on the Mobility Plan for some time now. The homebuilder apparently made
promises to the homeowner in question regarding the adjacent park property.
Items discussed during the meeting in response to the presentation were generally noted as follows
(discussions were very informal. making documentation of items discussed difficult at best):
1 ~ T raffle calmin 9 on C reekdaJ e:
a. Throughout the existing Lexington Park subdivision. It was stated that Creekdale is
one of the widestJ straightest of the cityJs collectors and will need traffic calming.
b. West end of Creekdale has a playgroundt and safety issues related to increased
traffic patterns was discussed.
H:\Roadway Projects\l\ttobiJity Plan~arpenter4.doc
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'- ~
c. Why is there a need for parking on the new street? There is nothing there to justify
parking on the road and it makes roadway wideL
Response: Traffic calming on the existing street(s) was discussed in conjunction with
one of the comment cards above~ Traffic should not be significantly worse with the
addition of the improved connectivity. The parking is a function of the standard street
design for this type of street in this application. It was pointed out that cars parked along
a roadway actually assist in slowing speeds and act as a type of traffic calming.
2~ What are the plans for development adjacent to the existing neighborhood? Response:
A representative for HoUgan Homes, Steve Buttry, was present and discussed the
single-family layout of homes in the Forest Meadows subdivision north of Lexington
Park. The company developing gas wells in the area also owns the old Acme Brick
property and is interested in developing that property for single-family use as well.
3. Why does the City want to put in this street? Response: Ms. Kamp discussed the use
and intent of th e collector street (fun neli ng residentia I traffic to higher capacity streets)
and the fact that the surrounding properties would be developing in the near future.
4. Why do you have to build the Creekdale to Ryan connection if the other neighborhood
roads win give same mo.bility? . Response: It was pointed out that none of the roads
currently planned for the Forest Meadows subdivision are collector streets. It was also
pointed out that if this street is not put in and the old Acme Brick property does develop,
all of the traffic from that neighborhood would be routed through the Lexington Park
neighborhood via the existing road~ All of the new developments need connectivity, just
as th is subd ivision needs it
5. If developers are building roads and carrying the costt why does the City care if the road
is built here or over the floodplain on Montecito? Response: It was stated that the old
Montecito alignment was thought to be too problematic and expensive to be supported
by development (costs too high to make a development cost effective) or affordable for
City co nstruction. If the road did extend south in the old alig n mentf it would Ii kely
intersect the proposed Creekdale alignment at the bridge needed for that roadway
ma king the overall project too cost proh ibitive and difficult to execute.
The meeting adjourned at approximately 7:30 pm~
I trust that this memorandum answers all questions received to date on the subject amendments. Let
. me know if you have any additional questions or need any additional infonnation.
H:\Roadway Projects\Mobinty Plan\M-Carpenter4.doc
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MINUTES
of the
City Council Mobility Committee Meeting
Friday, January 20, 2006
After determining that a quorum of the Committee on the Mobility of the Denton City Council
was present, The Chair of the Mobility Committee convened into an Opening Meeting on Friday
January 20, 2006 at 1 :08 p.m. in the Civic Center Community Conference Room, 321 E.
McKinney Street, Denton, Texas.
Present:
Mayor Euline Brock, Mayor Pro- Tem Perry McNeill, Councilmember and Chair
Pete Kamp, and Councilmember Bob Montgomery
Ex Officio Members: Howard Martin, City Manager, Mark Nelson, Chief Transportation Officer
Also Present: Jon Fortune, Jim Coulter, Frank Payne, Ed Snyder, Linda Ratliff, Keith Gabbard,
Ed Witkowski, Michelle McCallum, Dean Bray, John Polster and Charlye
Heggins
Chair Pete Kamp called the meeting to order at 1:08 p.m.
1) Consider approval of the Mobility Committee Meeting minutes of:
a. December 16, 2005
The minutes were approved as circulated.
2) Receive a report, hold a discussion and provide staff direction concerning the replacement of
two existing bridges on Bonnie Brae Road at Dry Fork Creek and Hickory Creek,
respectively.
Frank Payne gave a history of the bridges and reviewed options concerning replacing the
bridges, which are structurally deficient and pose a public safety concern.
Committee member Montgomery asked what impact closing the bridges would have on the new
Fire Station.
Jon Fortune stated that safety equipment could not cross the bridges now due to the weight of the
vehicles.
Mayor Brock asked if any discussion had been held with the County to help with the cost.
Staff indicated no.
After some discussion, the Committee directed staff to negotiate with the County to help
with the cost of replacing the bridges, and to get a traffic count for Bonnie Brae.
1 Minutes of the Mobility Committee
2 January 20, 2006
3 Page 2 of3
4
5 3) Receive a report, hold a discussion and provide direction on the Dr. Martin Luther King, Jr.,
6 Street rename.
7
8 Mark Nelson reviewed material presented to the Committee in their agenda packet with a brief
9 overview of two options outlined by staff.
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11 Nelson explained that these options fall under the jurisdiction of the Texas Department of
12 Transportation (TxDOT) and would require the City Council to pass a resolution approving the
13 proposed designation. Once the resolution is approved, the City must submit a formal request
14 through the TxDOT regional office in Dallas, which will then forward this request to Austin for
15 review and approval. If approved, the City would be responsible for the purchase, installation
16 and maintenance of the signs and markers.
17
18 Another avenue would be through the Texas Legislature, which would require a state legislator
19 to bring the request before the legislature. If approved, TxDOT would be responsible for the
20 acquisition, installation and maintenance of the memorial highway markers. Nelson indicated
21 the timeline on this option would take much longer since it would require the Texas Legislature
22 to be in session.
23
24 Nelson also noted that the designation of a memorial highway would not impact residential or
25 commercial postal addresses along the proposed route.
26
27 Nelson revisited a name change for Morse Street noting that approximately 45 homes would be
28 affected if the route included residential only. A name change for the entire length of Morse
29 Street to Mayhill Road would impact a total of 56 residential and commercial units.
30
31 McNeill asked that if IH - 35 were renamed, what would happen to the Stemmons Freeway
32 designation and would businesses be required to change addresses. That aside, he stated that he
33 leaned toward Loop 288 because there would be regional and visitor traffic along that route
34 thereby giving it prestige. Nelson indicated that he was aware that the Stemmons name was used
35 in Corinth, but understood the name was not utilized in Denton. Nelson responded to Committee
36 Members that staff would research the extent of the Stemmons Freeway designation.
37
38 Committee Members expressed concern about the financial impact to residents and businesses
39 should Morse Street be renamed.
40
41 Chair Kamp asked Charlye Heggins, as a citizen, about her thoughts on street choice.
42
43 Heggins responded that she felt great about Loop 288 and of the two choices, favored Loop 288
44 especially if it connected to IH-35.
45
46 A general discussion between the Committee Members favored memorializing Loop 288 and
47 directed staff to bring this item to City Council to begin the process to memorialize Loop 288 as
48 the Dr. Martin Luther King, Jr., Memorial Loop.
49
1 Minutes of the Mobility Committee
2 January 20, 2006
3 Page 3 of3
4
5 4) Receive a report, hold a discussion and provide staff direction concerning the proposed
6 changes to the Denton Mobility Plan, including the addition of an alignment for the toll road
7 north of Loop 288.
8
9 Frank Payne presented this item and requested the Committee pull proposed changes 6, 13 and
10 18 indicating that staff would like to analyze options for these roadway alignments due to
11 discussions held with landowners and developers in areas adjacent to the proposed changes.
12
13 The Committee approved changes to the Mobility Plan and directed staff to proceed with
14 Option A for the toll road alignment north of Loop 288.
15
16 5) ACM Report:
17 a) Memo on the North Central Texas Council of Government's
18 Transportation related Call for Projects.
19
20 Mark Nelson stated that hard copies had been delivered to NCTCOG
21 and that the deadlines for submission had been met.
22
23 Nelson also stated that staff is working on a project submittals for the
24 Surface Transportation Enhancement Program Call for Projects due on
25 February 17, 2006 and staff is working on projects to be submitted as
26 part of the NCTCOG's Local Air Quality Program Call for Projects
27 due on March 3, 2006.
28
29 b) River of Trade Corridor Coalition
30
31 Chair Kamp reviewed the Committee's position last year not to pursue
32 membership but to monitor its activities. This year the Chair would
33 like to pursue membership.
34
35 Staff was directed to provide information at the next Mobility
36 Committee meeting regarding existing memberships in like
37 organizations.
38
39 6) New Business: This provides an item for the Mobility Committee to suggest items for future
40 agendas or to request information from the Assistant City Manager.
41
42 Chair Kamp requested items to discuss the Aviation Component of RTC and the Regional
43 Transit Initiative.
44
45 The meeting adjourned at 2:08 p.m.
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MINUTES
City Council Mobility Committee
Friday, April 21, 2006
After determining that a quorum of the Mobility Committee of the Denton City Council was
present, the Chair convened into an Open Meeting on Friday, April 21, 2006 at 12:36 p.m. in the
Civic Center Community Conference Room, 321 E. McKinney Street, Denton, Texas.
Present:
Mayor Euline Brock, Mayor Pro-Tem Perry McNeill, Chair and Council
Member Pete Kamp and Council Member Bob Montgomery.
Ex Officio Members:
Howard Martin, Interim City Manager
Jim Coulter, Director of Water/Wastewater Utilities
Mark Nelson, Chief Transportation Officer
Also Present: Frank Payne, City Engineer; Ed Witkowski, Senior Engineer; Paul Williamson,
Right-of- Way; Bud V okoun, Traffic Engineer; John Polster, ITS; and Ann
Forsythe, Secretary
1) Consider approval of the Mobility Committee meeting minutes of:
a. March 17, 2006
The minutes were approved as circulated.
2) Receive a report, hold a discussion and provide staff direction on public comments received
on the proposed Mobility Plan Amendments and any desired changes to the Mobility Plan
going forward.
Frank Payne, City Engineer, provided information from 4 public meetings held to solicit
comments and feedback from citizens. Written notes from the April 13th and April 20th meetings
will be provided to the Committee at its May 19th meeting.
The March 9th meeting was held to discuss the realignment of Bonnie Brae at Hwy. 77, the
disconnect of Nicosia from the main lanes of Loop 288,the realignment of Windsor east of Loop
288 and the realignment of Audra to connect to Prominence Parkway at Loop 288. Payne stated
that comments from citizens were favorable.
The Committee recommended moving forward with this amendment.
The March 23rd meeting was held to discuss the realignment of Hickory Creed Road at FM 1830,
and the construction of a new north-south connection between Ryan Road and Creekdale to
replace Montecito. Citizen concerns were centered on the taking of property and homes. An
additional concern was the fear that the replacement road for Montecito would increase traffic
and encourage speeding in residential neighborhoods. Those concerns were allayed or resolved
during one-on-one discussions with citizens following the meeting.
The Committee recommended moving forward with this amendment.
1 Minutes - Mobility Committee Meeting
2 April 21, 2006
3 Page 2 of3
4
5 The April 13th meeting involved Mayhill Road north from Colorado to a 4-way at Spencer Road
6 and then a tie-in back to the original ROW at Morse Street. Citizens in attendance opposed the
7 amendment.
8
9 This item was tabled when the Board decided it would like to tour this area prior to its
10 May 19th meeting.
11
12 The April 28th meeting discussion was primarily about Bonnie Brae at Ganzer. There was a
13 large turnout for this meeting and most opposed the amendment. Most expressed concern for
14 impact on the perimeter of the neighborhood and houses that could be taken. The additional
15 modification to the Mobility Plan centered on the addition of frontage roads to certain sections of
16 Loop 288.
17
18 Staff was directed to bring possible alternatives concerning the Bonnie Brae/Ganzer are
19 forward at the May 19th meeting. The Committee recommended moving forward with the
20 frontage roads along Loop 288.
21
22 3) Receive a report, hold a discussion and provide staff direction concerning the replacement of
23 two existing bridges on Bonnie Brae Road at Dry Fork Creek and Hickory, respectively,
24 based on updated information requested in the January 2006 meeting.
25
26 Ed Witkowski, Senior Engineer, provided an update on the proposal to reconstruct these two
27 bridges. During the January 20th meeting, staff was directed to get a traffic count and bring the
28 results back to the Committee for further discussion. The count recorded traffic at less than 5%
29 of the volumes allowed for the lowest level of service on 2-lane undivided (2-way) urban street
30 or rural highway.
31
32 Of concern by the Committee was the danger to motorist if that area should flood. Jim Coulter
33 stated that the City would install arms at the crossings to deter motorists from crossing the
34 bridges. Amending the ordinance to increase fines for motorist who ignored the arms was also
35 discussed.
36
37 The Board directed staff to proceed with the construction of the bridges as designed by
38 TxDOT.
39
40 4) Receive a report, hold a discussion and provide staff direction regarding amendments to the
41 Interlocal Agreement between the City of Denton and Denton County Transportation
42 Authority regarding capital asset transfer.
43
44 Mark Nelson, Chief Transportation Officer, reviewed the purchase of the LINK System by the
45 Denton County Transportation Authority (DCTA). Nelson stated that the Federal Transportation
46 Administration (FTA) has provided a conditional approval of the proposed asset transfer. The
47 approval was conditional on an unanticipated review and approval by the Department of Labor.
48 Nelson reported that the processes to amend the agreement between DCTA and the City of
49 Denton and extend the amount of time for FTA's final approval of the Asset Transfer Agreement
50
51
1 Minutes - Mobility Committee Meeting
2 April 21, 2006
3 Page 3 of3
4
5 would be more expeditious than to negotiate a long-term lease with DCTA for the capital assets
6 as contemplated in the original agreement.
7
8 Board Member Perry McNeill made a motion to approve with a second from Board
9 Member Bob Montgomery. The motion was approved by a vote of 4-0.
10
11 5) ICM Report:
12 a. Update on RTC Call for Projects - Regional Refuse Haulers
13
14 Howard Martin, Interim City Manager, cautioned the Board that while staffwas
15 proceeding with the application process for this program, there are inherent problems.
16 COG should consider emissions, engines for 2007 models and associated problems and
17 pitfalls.
18
19 b. Update on DCTA.
20
21 Nelson stated that a DCTA update would be made during the monthly meetings.
22
23 c. Update on 1-35 Litter Control
24
25 Nelson stated that KDB is looking at opportunities for funding to provide additional
26 control on 1-35. A supplemental package will be submitted during the budget process
27 this year.
28
29 d. Update on RTC Tolling Policy
30
31 John Polster, ITS, provided a handout of business terms for State Highway 121 in Collin
32 and Denton County; the Texas Metropolitan Mobility Plan for excess toll revenue
33 sharing; RTC's request of the NTTA and the RTC's position regarding local government
34 and transportation provider input.
35
36 e. Service Center Impound Lot
37
38 6) Deliberations regarding real property - Under Texas Government Code S551.072.
39
40 Receive a report, hold a discussion and provide staff direction regarding land acquisition
41 at various locations in the City of Denton, including the Downtown Core and South
42 Denton, for proposed transit stations and planning criteria for the stations.
43
44 The Committee reserves the right to convene into executive session for
45 deliberations regarding real property - Under TEXAS GOVERNMENT
46 CODE Section 551.072
47
48 The meeting adjourned by consensus at 2:45 p.m.
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MINUTES
City Council Mobility Committee
Friday, May 19,2006
After determining that a quorum of the Mobility Committee of the Denton City Council was
present, the Chair convened into an Open Meeting on Friday, May 19,2006 at 11:05 a.m. in the
Civic Center Community Conference room, 321 E. McKinney Street, Denton, Texas.
Present:
Mayor Euline Brock, Chair Pete Kamp and Bob Montgomery
Absent:
Mayor Pro- Tem Perry McNeill, excused
Ex Officio Members:
Jim Coulter, Director of Water Wastewater Utilities
Mark Nelson, Chief Transportation Officer
Also Present: Frank Payne, City Engineer; Ed Witkowski, Senior Engineer; Paul Williamson,
Right-of- Way; Bud V okoun Traffic Engineer; Ron Menguita, Planner III; Ann
Forsythe, Secretary
1) Tour of Mayhill Road north from Colorado to a 4-way stop at Spencer Road. Departing at
11 :05 a.m. - Returning to Civic Center Community Conference Room at 12:30 p.m.
Frank Payne provided an aerial of the area to be toured and discussed options for routing traffic.
The Committee departed at 11: 15 a.m., completed its tour and returned to the Civic Center
Community Conference room to continue its meeting at 12:30 p.m.
2) Consider approval of the Mobility Committee meeting minutes of:
a. April 21, 2006
The minutes were approved as circulated with the Chair asking that future minutes include
new business action items.
3) Receive a report, hold a discussion and provide staff direction on proposed Mobility Plan
amendments and any desired changes to the Mobility Plan going forward.
Frank Payne revisited the concerns expressed by the residents who would be affected by the
realignment of Mayhill Road and the area bounded by Milam Road and Loop 288 on the north
and south and IH-35 and FM 2164 on the west and east and asked the Committee for its
recommendation.
The Committee accepted staff s recommendation that the Mayhill realignment be limited to the
distance between the intersection with Colorado Boulevard and Spencer Road.
The Committee also accepted staff s recommendation for the area bounded by Milam Road and
Loop 288 on the north and south and IH-35 and FM 2164 on the west and east and directed staff
to schedule one more public meeting, develop a tentative schedule for P&Z and Council
approval
1
2 Minutes - Mobility Committee Meeting
3 May 19,2006
4 Page 2 of3
5
6 and to also bring this item back one more time to the Mobility Committee for its
7 recommendation.
8
9 4) Receive a status update on the active transportation projects associated with the Five- Year
10 Capital Improvement Plan.
11
12 Frank Payne provided this update noting that this information was presented earlier to the
13 Citizens CIP Oversight Committee and was being provided to the Mobility Committee as an
14 informational item only.
15
16 Shady Oaks at Brinker Road
17 Both of these projects are being treated as a single design project at this time. Funding was
18 provided for the design of these projects in this fiscal year. A proposal for the design of this
19 roadway has been received from Freese and Nichols, Inc., and is currently planned for
20 presentation to the City Council for approval in June 2006. Because the construction phase of
21 this project will probably not start until early to mid 2007, staff recommended that the scheduled
22 bond sales be rescheduled to FY 2006-07.
23
24 Hobson Lane Improvement at F.M. 1803 and u.s. Hwv 377
25 This project was funded for design initiation and construction in this fiscal year. The funding
26 issues of the project to expand the railroad bridge on Hwy. 377 were discussed. Conversations
27 with TxDOT's area engineer indicate that TxDOT might pay for the entire project (the widening
28 ofHwy. 377, the bridge improvements and the intersection improvements) if the City will pay
29 for an environmental study for the entire project at a projected cost of approximately $800,000.
30
31 Western Boulevard
32 The right-of-way for a portion of this project has been dedicated, and the roadway is currently
33 under design by Teague Nail and Perkins. Staff has been meeting with representatives for the
34 landowner and potential developers on the section between Jim Christal Road and FM 1515
35 where the right-of-way has not yet been finalized to determine an alignment through this portion
36 of the project. Inasmuch as the construction on this project will likely not be initiated until early
37 to mid-2007, staff recommended that the scheduled bond sales be rescheduled for FY 2006-07.
38
39 5) Receive a report, hold a discussion and make a recommendation regarding the use of CIP
40 funds currently designated for Downtown Improvements as local matching funds for a
41 Sustainable Development Grant.
42
43 Mark Nelson provided a brief history of this project, which received a $2 million grant to be
44 used to encourage redevelopment in Downtown. The project, a partnership with the City of
45 Denton, Wells Fargo and the Trammell Crow Company would provide multi-family units and a
46 parking garage. The proposed site boundaries are Hickory and Mulberry streets on the north and
47 south and Walnut and Industrial Streets on the east and west. The funds would become available
48 in October 2006 and requires a 20% match of $400,000. This item was presented to the CIP
49 Oversight Committee on May 11, 2006 and the Committee supported using CIP funds as the
50 city's share of the project.
1 Minutes - Mobility Committee Meeting
2 May 16, 2006
3 Page 3 of3
4
5
6 6) Receive a status report and hold a discussion on proposed professional services agreements
7 to provide consulting and engineering services to assist in the acquisition of land for transit
8 facilities.
9
10 Mark Nelson provided an update stating that staff had met with DCTA to discuss planning
11 criteria for the development of transit stations along the commuter rail corridor. As a result of
12 that meeting, staff is finalizing a preliminary site survey on approximately seven sites, six for the
13 south location and the downtown site. Staff demonstrated three primary sites that will be
14 recommended to DCTA. The sites are generally located near Mayhill and Colorado, Brinker and
15 Colorado and Pockrus Page Road and the MKT rail line. The preliminary survey will also be
16 provided to consultants to refine project scope and assist in the technical review.
17
18 Staff is currently negotiating with two firms to provide two separate and distinct services; (1) site
19 analysis for approximately six park and ride station locations; and, (2) for land acquisition
20 serVIces.
21
22 Funds are not currently available for these services. However, the 2005-2009 CIP Bond Package
23 did include $1.4 million in CO bonds in FY 2006 for transit facilities. The CO Bonds have not
24 been sold and it will be necessary to approve an ordinance to reimburse expenditures from the
25 unreserved fund balance of the general fund with CO bonds to legally identify funding needed to
26 initiate the land acquisition process. Staff has placed a reimbursement resolution on the May 16,
27 2006 Council agenda.
28
29 7) ICM Report:
30 a. Update on NCTCOG's Clean Fleet Call for Projects
31 b. Update on Transportation Related Conferences
32 Chair Kamp stated she would not be attending the NASCO Conference this year.
33 c. Update on DCT A
34
35 8) New Business
36
37 There was no new business.
38
39 The meeting adjourned at 1 :45 p.m.
40
1 DRAFT MINUTES
2 City Council Mobility Committee
3 Friday, July 21,2006
4
5 After determining that a quorum of the Mobility Committee of the Denton City Council was
6 present, the Chair of the Committee on the Mobility convened an Open Meeting on Friday, July
7 21,2006 at 12:35 p.m. in the Civic Center Community Conference Room, 321 E. McKinney
8 Street, Denton, Texas:
9
10 Present: Chair Pete Kamp, Mayor Perry McNeill and Council Member Bob Montgomery
11
12 Ex Officio Member
13 Present: Jim Coulter, Director of Water Wastewater Utilities
14 Mark Nelson, Chief Transportation Officer
15
16 Also Present: Frank Payne, City Engineer; Bud V okoun, Traffic Engineer; Paul Williamson,
17 Right-of-Way; Scott Neeley, DCTA; John Polster, ITS; and Ann Forsythe,
18 Secretary
19
20 1) Consider approval of the Mobility Committee meeting minutes of:
21 a. May 19,2006
22
23 The minutes were approved as circulated.
24
25 b. July 10, 2006
26
27 The minutes were approved as amended by Mayor McNeill to include Committee
28 Members and staff present at the meeting.
29
30 2) Receive a report, hold a discussion and provide staff direction on proposed Mobility Plan
31 amendments and any desired changes to the Mobility Plan going forward.
32
33 Frank Payne, City Engineer, presented proposed changes to the Mobility Plan for the area bound
34 on the north and south by Milam Road and Loop 288 and on the east and west by FM 2164 and
35 IH-35. Payne reviewed the discussion from the Mobility meeting of April 21 st when a decision
36 concerning this area was tabled so that the developer could look at additional options primarily
37 involving the north-south secondary arterial following the old Bonnie Brae and Ganzer road
38 alignments between Loop 288 and Milam Road.
39
40 The revised map has been brought back to Mobility following two public meetings with the
41 affected neighborhood and a resubmission of proposed changes by the developer. At the May
42 31 st public meeting, Billy H. Kellum, a property owner, requested a modified alignment of the
43 southerly east-west roadway (No.1 0 on Exhibit 1) to locate the roadway on his property rather
44 than across his neighbor's property. Mr. Kellum, in a letter signed by the joint owners of this
45 property, offered to build their portion of the roadway and to also dedicate all necessary right-of-
46 way (ROW) for the entire road width.
47
48
1 Draft Minutes from the Mobility Committee
2 July 21,2006
3 Page 2 of7
4
5 Revising this alignment would tend to push Proposed Change No.9 on Exhibit 1 (US 77/01d
6 Bonnie Brae connector) to the north and west. Staff realized that this revised realignment would
7 introduce an excessive amount of curvature in the road and instead proposed to move the north-
8 south secondary arterial (Proposed Change No.4 on Exhibit 1) to line up with the more westerly
9 ROW of Ganzer Road. This revised alignment still makes use of existing county road ROW.
10
11 Staff also proposed two additional changes to the Mobility Plan. Those changes would be a
12 Mills Extension on the west, which would add a collector in this location and would facilitate
13 connectivity and mobility between Loop 288 and Mayhill Road. The second change would be to
14 extend Karina to Mayhill Road. This change would ensure connectivity back to Mayhill Road as
15 was originally intended.
16
17 Mayor McNeill asked what is next in the process. Payne replied the Mobility Plan is now ready
18 to go the P&Z, then to the City Council for a work session and then public hearing prior to
19 approval.
20
21 Mayor McNeill requested that should any new information come forward that it should be
22 remanded to P&Z. Payne stated we would certainly do that.
23
24 Board Member Bob Montgomery asked if this realignment (Proposed Change No.4 on Exhibit
25 4) comes pretty close to ending objections voiced during the May 31 public meeting. Payne
26 replied that it does.
27
28 Mayor McNeill invited Don Dillard to speak to the Committee.
29
30 Montgomery asked for clarification of the difference in what is proposed and what Dillard
31 wanted. Payne and Dillard both explained the differences in the two plans. Payne pointed out
32 that changes to the Mobility Plan can be effected through the platting process and that requests
33 for such changes are not unusual.
34
35 Dillard stated they would go with whatever the City wanted, but if the decision was made for the
36 road to go through the middle of their property they could not honor the statement that they
37 would donate the entire necessary ROW. He went on to say that if the road goes where they had
38 originally proposed it there is a good chance that there will be residential development located
39 across Ganzer Road from the existing neighborhood, but that if the road alignment is moved
40 there may well be light industrial or some other similar use placed in this location.
41
42 Chair Kamp stated that these changes were presented in both of the public meetings, and the
43 route desired by Galatyn had received extreme negative feedback from the neighborhood. Kamp
44 then asked Dillard why, since he was either present or represented at the public meetings, he had
45 not spoken out and defended his proposal at the meetings when he had the opportunity.
46
47 Dillard did not respond to the Chair's question.
48
49
50 Draft Minutes from the Mobility Committee
1 July 21,2006
2 Page 3 of7
3
4 Action Item:
5 The motion was made by Mayor McNeill with a second from Board Member Montgomery
6 for staff to move forward to P&Z with the Mobility Plan as presented and amended
7 (Exhibit 4). The motion was approved by a vote of 3-0.
8
9 Chair Kamp reserved the right to come back to Item 2 for additional discussion.
10
11 3) Receive a report, hold a discussion and provide a recommendation on a resolution of the City
12 of Denton, Texas, supporting the North Central Texas Council of Government's proposed
13 regional alignment regarding the Texas Department of Transportation's Trans-Texas
14 Corridor-35 initiative; and providing an effective date.
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16 Mark Nelson reminded the Committee that this is an item they have seen before and is the
17 proposed TxDOT alignment of the Trans Texas Corridor.
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19 Chair Kamp stated that NCTCOG staff announced at the July 13th RTC regular meeting that
20 TXDOT was proposing to expand the Tier One study area to include the regionally
21 recommended corridor and that it was very important that this alternative corridor alignment be
22 brought into the study and be considered. Kamp also wanted the Committee to know that at the
23 last Chamber of Commerce Board meeting, the Board passed a resolution in support of the North
24 Central Texas Council of Government's (NCTCOG) proposed regional alignment.
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26 Nelson gave a brief review ofTxDOT's TTC-35 alignment noting that it is now in the Tier One
27 study phase. The goal of Tier One is to narrow the study area from its 50-60 mile width to a
28 study area that is generally 10 miles wide. COG's alternative provides shorter access route to
29 the proposed TTC-35 and facilitates a more efficient connection to urban centers and one that
30 will meet the needs of both the State of Texas and the DFW region.
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32 Mayor McNeill requested that a cover letter from his office be drafted and attached as part of the
33 response to TxDOT.
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35 McNeill motioned to recommend approval of the proposed resolution supporting the
36 regional corridor alignment of the TTC-3S with a second from Chair Kamp. The motion
37 was approved by a vote of 3-0.
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39 At this time, Chair Kamp reopened the discussion on Item 2 asking if there were any additional
40 questions regarding the amendments to the Mobility Plan.
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42 Payne stated that he had been contacted by a development group looking to develop acreage on
43 the south side of town near Mayhill Road. They asked if the "s' curve at Spencer could be
44 moved about 1800 feet south to allow them to maximize the ability to develop their property and
45 to align storefronts up with Wal-Mart. Payne pointed out that sliding the curve would impact the
46 Haggard and Nelms property south of the property in question and would negatively impact the
47 efforts of Solid Waste in their master planning of the landfill.
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49 Draft Minutes from the Mobility Committee
50 July 21,2006
1 Page 4 of7
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3 The Chair stated that although this is new information, she thought the Committee should leave
4 this portion of the Mobility Plan amendments in the system as passed and that there was no need
5 for another vote. McNeill agreed.
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7 4) Receive a report, hold a discussion and provide a recommendation on the Denton County
8 Transportation Authority commuter rail station planning project and the bus multi-modal
9 station.
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11 Mark Nelson stated that this particular item has two issues. The first is that the station concept
12 rolled out by DCTA for a downtown multimodal station will impact the City of Denton's
13 planning process as it relates to the downtown station.
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15 Nelson indicated that staff identified an issue specific to parking between the two rail spurs.
16 The issue being that the railroad owned that property and that it might not be as easily acquired
17 as other downtown property.
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19 Nelson discussed Concept 1, which will be the park and ride station at Colorado at Mayhill
20 Road. Nelson pointed out that the realignment of Mayhill demonstrated on Concept 1 is skewed
21 to the north and is different from what was originally presented in the recent Mobility Plan
22 Amendment. Nelson also pointed out that the large parking area is disconnected from the
23 proposed station and there was no way to locate the platform closer due to the proposed
24 alignment of Mayhill Road and the need for tangent track.
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26 Mayor McNeill asked that what would happen to the old Mayhill Road if it were realigned. Jim
27 Coulter stated it would still have to be maintained for public access.
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29 At this time, Scott Neeley, DCT A, joined the conversation stating that DCT A is seeking
30 comments and is trying to move the project forward in order to proceed with the environmental
31 study. The intent at this time was to acquire property but not develop all of it initially.
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33 Nelson then presented Concept 2. The location was Brinker Road and the Rails to Trails. Staff
34 believed this to be the more desirable location because of connectivity to Loop 288 and 1-35
35 even though there would be less parking. The major concern with this concept was the total cost
36 of construction, which may have a cost benefit ratio that is too high if a parking structure is
37 utilized to increase available parking.
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39 The discussion continued with Concept 3 located at the southwest corner of Mayhill and
40 Brinker/Colorado. This plan would connect to the medical center. The Committee expressed
41 concerns with drainage and limited access to the site.
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43 Chair Kamp asked about staff's concern with Concept 1.
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45 Nelson stated there are concerns that the elevation of the realigned Mayhill may impact the
46 availability of land for the station and parking. Could the site facilitate the proposed parking lot
47 and access necessary for the station if bridge infrastructure or berms were used for the Mayhill
48 Draft Minutes from the Mobility Committee
49 July 21,2006
50 Page 5 of7
1
2 realignment. Staff also expressed concern that the split parking lot design may not be well
3 received by riders.
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5 Mayor McNeill asked what was next in the process. Nelson stated that a maximum of two
6 potential station locations needed to be determined to get the proposal through the environmental
7 process.
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9 The Committee gave staff direction that Concept 1 and Concept 2, respectively, were the
10 preferred south station locations.
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12 Scott Neeley received the direction and will forward the comments to the DCTA consultant.
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14 The second issue brought forward for discussion by Nelson was the need for a feasibility study
15 for the Downtown Multi-Modal Station. Nelson indicated that when staff began the preliminary
16 review of the land acquisition for the proposed rail stations, it became apparent that a feasibility
17 study would be necessary to facilitate the grant application for the Congressionally earmarked
18 funds.
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20 Staff recommended that a stakeholder group be established to assist in site selection for the
21 downtown multimodal station and reviewed potential membership of the proposed stakeholder
22 group outlined in the backup.
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24 Staff also recommended that an interlocal agreement be developed between the City of Denton
25 and DCT A to ensure the proposed facility is designed to meet the needs of both organizations
26 and to address future transfer of facility ownership upon completion of the facility.
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28 Council Member Montgomery summarized the necessary action items and the timeline to
29 facilitate the funding application with the Federal Transit Administration.
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31 Chair Kamp requested that someone from Main Street be included in the stakeholder group.
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33 Mayor McNeill made a motion recommending Option II, that the City of Denton take on
34 the role as lead planning agency and negotiate an interlocal cooperation agreement with
35 DCT A to set planning parameters for the proposed facility to include a feasibility study
36 and transfer of the facility upon completion with a second from Bob Montgomery. The
37 motion passed by a vote of 3-0.
38
39 5) Receive a report and hold a discussion concerning recent action taken by the Regional
40 Transportation Council and the Dallas Regional Mobility Coalition.
41
42 Chair Kamp noted the change in leadership as Denton County Commissioner Cynthia White
43 moved from the RTC Vice Chair to Chair and Oscar Trevino, North Richland Hills Mayor
44 assumed the position of Vice Chair. Chair Kamp also stated that in an effort to keep Dallas and
45 Collin County from monopolizing the Committee that Mary Horn will now be the Co-Chair of
46 DRMC.
47
48 Draft Minutes from the Mobility Committee
49 July 21,2006
50 Page 6 of7
1
2 An additional piece of information was that the R TC had money left over and that the City got
3 all the trucks it requested and that the program is being expanded to vehicles other than refuse
4 trucks.
5
6 6) ICM Report:
7 a. Brief on First Annual Texas Transportation Forum
8
9 Chair Kamp stated that she and Mark attended, had a lot of good conversations and believes
10 that they accomplished a great deal.
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12 b. Update on the 9th Annual Transportation Summit
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14 All Board members indicated that they would be attending the Summit. Nelson informed the
15 Committee that Frank Payne would not be attending but that one of his staff would attend in
16 his place.
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18 Chair Kamp stated that she would be presenting at the Summit.
19
20 6) New Business
21
22 Action Items:
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24 Mayor McNeill stated that he had four items. As an explanation, Mayor McNeill offered that
25 a move was underway to make Council Committee meetings uniform.
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27 Item 1:
28 Minutes from Council Committees would denote action-oriented items, stating action required
29 and who would be responsible for that item.
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31 Action: Ann Forsythe, Secretary will include action items and the responsible party in all
32 future minutes.
33
34 Item 2:
35 At the suggestion of City Attorney, Ed Snyder, The Mobility Committee should draft by-laws.
36
37 Action: Mark Nelson will draft by-laws using the Audit Committee's and present them to the
38 Mobility Committee at its August meeting.
39
40 Item 3:
41 All future minutes of the Mobility meetings, once approved, will be circulated to the Council
42 in the Friday reading file.
43
44 Action:
45 Ann Forsythe, Secretary, will forward the approve minutes for inclusion in the Council
46 Reading File.
47 Draft Minutes from the Mobility Committee
48 July 21,2006
49 Page 7 of7
50
1 Item 4:
2 Change the meeting time from 12:30 p.m. to 10:00 so that Chair Kamp could attend the
3 Precinct Two meeting being held at 2:00 p.m., and to relocate the place of the meetings to the
4 City Council Work Session room in City Hall.
5
6 Action:
7 Ann Forsythe, Secretary, will facilitate these changes.
8
9 The meeting was adjourned by consensus at 2:15 p.m.
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MINUTES
City Council Mobility Committee
Wednesday, September 20,2006
After determining that a quorum of the Mobility Committee of the Denton City Council was
present, Chair Kamp of the Committee on the Mobility convened into an Open Meeting on
Wednesday, September 20,2006 at 10:10 a.m. in the City Council Work Session Room, 215 E.
McKinney Street, Denton, Texas:
Present:
Chair Pete Kamp, Mayor Perry McNeill and Council Member Bob Montgomery
Ex Officio Members:
Jim Coulter, Director Water Wastewater Utilities
Mark Nelson, Chief Transportation Officer
Also Present: Kelly Carpenter, Director Planning & Development
Frank Payne, City Engineer
Bud V okoun, Traffic Engineer
Ron Menguita, Planner II
John Polster, ITS Consultant
1) Consider approval of the Mobility Committee meeting minutes of:
a. August 18, 2006
The minutes were approved as circulated.
2) Receive a report, hold a discussion and provide a recommendation on the Denton Mobility
Plan update.
Kelly Carpenter, Director of Planning and Zoning, stated she had met with Mayor Pro Tem
Kamp concerning where we might go in the future on this topic. Staff had recommended that
Item 2, Mill Street, be removed from the Plan. Staff s recommendation for Item 4, would be that
the alignment west of existing Bonnie Brae be accepted. Staff s recommendation would be to
not hold any additional meetings.
If the Council chooses not to act on the alignment west of Bonnie Brae, then Amendment 10,
which was passed with no terminus on its west side, would need to go back with a staff
recommendation for a terminus on Item 10.
On Item 8, which is Mayhill, the recommendation was the alignment proposed by staff. Five out
of six property owners were supportive of that alignment. Mr. Doye, who originally requested
the change, recommended the alignment proposed by staff. Staff also does not recommend any
additional meetings for that item.
On Amendment 12, called Creekdale, the alignment between Creekdale and Ryan, staff does
recommend an additional meeting, not a public hearing, but a town hall type of meeting.
Minutes of the Mobility Committee
1 September 20, 2006
2 Page 2 of6
3
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5 Mayor McNeill inquired about the notification procedure for such meetings. Carpenter stated
6 that if the Committee has a particular way it wants the notification done, staff would use that
7 procedure.
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9 Mayor McNeill suggested sending an email or card to citizens who attended the presentation as
10 well as the neighborhood association.
11
12 Council Member Bob Montgomery motioned to remove Item 2, Mill Street, from the
13 Mobility Plan with a second from Mayor Perry McNeill. The motion was approved by a
14 vote of 3-0.
15
16 3) Receive a report, hold a discussion and provide a recommendation to City Council on draft
17 by-laws of the City Council Mobility Committee.
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19 Mark Nelson stated that Legal had reviewed this item and created an ordinance and staff now
20 needs direction from the Committee to move forward.
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22 Mayor McNeill requested corrections to Section 1 to remove the word "approve", in that the
23 Committee could only make a recommendation, and that term is to be continued throughout the
24 document. McNeill also recommended replacing the word "determine" with the phase "inform
25 Council", or words to that effect in Item 1.4. Also, Item 2.1.2, should read, "report to the City
26 Council AND the City Manager" not "or."
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28 In the Membership section word Liaison differently.
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30 Under Officers, when we passed designating the Chair, it should be the opposite, change the
31 order to that.
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33 McN eill thought the section concerning meeting dates was redundant and should be removed, as
34 should the signature, as the Committee could not put the bylaws in effect, only the Council can
35 do that. Mayor McNeill expressed his concern with precedence.
36
37 Action Item: The by-laws were remanded back to staff liaison Mark Nelson for
38 amendments to language prior to bringing back to the Mobility Committee for a
39 recommendation to the City Council for approval."
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41 4) Receive a report, hold a discussion and provide a recommendation to City Council on
42 Change Order 4, extension of the Innovative Transportation Solutions contract.
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44 Mark presented this item noting that it was an annual contract with ITS. Staff believes that
45 Polster has been very helpful and recommended that ITS remain under contract.
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DRAFT MINUTES
Friday, October 20, 2006
City Council Mobility Committee
After determining that a quorum of the Mobility Committee of the Denton City Council was
present, the Chair of the Committee on the Mobility convened into an Open Meeting on Friday,
October 20,2006 at 8:02 a.m. in the City Council Work Session room, 215 E. McKinney Street,
Denton, Texas.
Present:
Chair Kamp, Mayor Perry McNeill and Council Member Bob Montgomery
Ex Officio Members:
Jim Coulter, Director Water Wastewater
Mark Nelson, Chief Transportation Officer
Also Present: Frank Payne, City Engineer
Bob Tickner, Parks and Recreation Superintendent
Ron Menguita, Planner II
John Polster, ITS
Ann Forsythe, Secretary
1) Consider approval of the Mobility Committee meeting minutes of:
a. September 20, 2006
The minutes were approved as circulated with an action item amendment to Item 3, which
should read, "The by-laws were remanded back to staff liaison Mark Nelson for
amendments to language prior to bringing back to the Mobility Committee for a
recommendation to the City Council for approval."
2) Receive a report and hold a discussion concerning the proposed Mobility Plan Update.
Nelson stated this item was a discussion item at the request of Chair Kamp and would not be an
action item.
Mayor McNeill asked the Chair for an update on a town hall meeting that was held with the
residents. Chair Kamp stated that overall the meeting went very well and that at the conclusion
of the meeting, the most vocal opponent came to her and thanked her and stated that she
understood what the City was trying to do, but that she still disagreed.
Mayor McNeill stated he thought that a PR campaign should be launched in the future since
there seems to be such a vast lack of knowledge of what a mobility plan was. Citizens think that
when a line is placed on a map that the city is going to allocate money and come out with
bulldozers and start laying the asphalt, and that was really not the intent of a mobility plan.
Frank Payne, City Engineer, replied that each public meeting was started with an explanation of
the purpose of a mobility plan.
1 Minutes of the Mobility Committee Meeting
2 October 20, 2006
3 Page 2 of6
4
5
6 Chair Kamp then provided an update on the alignment north of288 stating that she and staff had
7 met with Don Dillard, Planning and Engineering and it was believed that an agreement had been
8 reached. The Chair then read the following statement into the record, "that when developers plat
9 and they want to come back for an amendment, they would have that option."
10
11 Frank Payne provided an update on Mayhill Road and stated that Mr. Doye has had time to plat
12 the property, and it is believed it is now vested meaning that the alignment originally suggested
13 was no longer an option.
14
15 Payne stated as a reminder that the reason for going north from the Mayhill and Colorado
16 intersection was to provide a four-legged intersection with Edwards Road; instead, now there
17 would be a separated crossing with the DCT A track and another tee intersection. Payne stated
18 that the City had some existing right-of-way and that maintaining Mayhill in a north/south
19 orientation at that intersection was still an option. Staff is evaluating alternative designs that
20 would be similar to what was currently on the Mobility Plan, but that it would be physically
21 impossible to tie directly into Quail Creek Road as shown on the map; (the tie-in would be
22 slightly to the north). Staff was also looking at adjusting the location of Edwards Road and
23 Mayhill in that area and was considering the feasibility of a separated crossing on the existing
24 Mayhill alignment. Staff would need to take some survey shots and make sure there would be
25 enough elevation difference to clear it.
26
27 McNeill asked when staff would have a recommendation. Payne replied that staff would attempt
28 to have a recommendation in place by the next Mobility Committee meeting. Payne stated that if
29 Mr. Nelms plats his property then space would be a problem and would limit options. Staff
30 would try to speak with Mr. Nelms and talk about alignments.
31
32 McNeill asked if there was enough right of way. Payne indicated some would have to be
33 purchased.
34
35 3) Receive a report, hold a discussion and provide a recommendation on a railroad easement for
36 DCT A on the rails-to-trails rail corridor.
37
38 Mark Nelson handed out a rough draft of a Memorandum of Understanding for the Committee to
39 review. The document basically stated that the City would enter into good faith negotiations for
40 an easement with DCT A. The MOU would be a non-binding agreement that allows DCT A to
41 submit documentation to the Federal Transit Administration as part of their grant application
42 process indicating DCTA is working with landowners to secure right-of-way.
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44 Nelson then asked Bob Tickner, Parks and Recreation Superintendent, to present this item.
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46 Tickner provided a history of the request by DCT A for a railroad easement on the current
47 Denton Branch Rail Trail alignment. Back in the 1990's the City envisioned the need to acquire
48 the right-of-way from the Union Pacific Railroad for trails purposes. The railroads, through an
49 Minutes of the Mobility Committee Meeting
Con den selt 1M
Page 3
1 PROCEEDINGS 1 and members of the Commission~ We are here today to hear
2 (COMMISSIONERS W A TKINSt THOMASt STRANGE, 2 on the Mobility Plan Amendments. The IDa bility plan is
3 THIBODEAUXt EAGLETON AND GUZMAN-RAMON 3 part of the Denton Plan, therefore, it follows the Denton
4 PRESENT. ) 4 Plan Amendment procedtrre. It is a comprehensive update of
5 COMMISSIONER STRANGE: GoOd evening, ladies 5 the Mobility Plan. There are a total of 17 proposed
6 and gentlemen. Itts 6:33 and we will convene our August 6 changes ~ Those 1 7 proposed changes are to improve and
7 23rd meeting of the Planning and Zoning Commission and ask 7 enhance the transportation circulation and connectivity
8 that you would join with us in the pledge to the flags. 8 within the City.
9 (Thereupon, the Pledges of Allegiance were 9 There have been extensive public
10 recited. ) 10 involvement. In January of 2006, Frank Payne, our City
11 COMMISSIONER STRANGE: The first item on 11 Engineer, presented proposed changes to the Mobility
12 our Agenda will be approval of the minutes of the Planning 12 Conunittee. At that meeting the Mobility Committee
13 and Zoning Commission meeting of August the 9th. Do we 13 directed staff to hold public meetings to acquire input
14 have a motion? 14 from the public regarding these proposed changes.
15 COMMISSIONER EAGLETON: So moved. 15 In March and in April, there were a total
16 COMMISSIONER THIBODEAUX: second. 16 of four public meetings held. In April, the Mobility
17 COMMISSIONER STRANGE: I have a motion by 17 Committee met again, Frank Payne presented the results of
18 Mr. Eagleton and a second by Dr. Thibodeaux. Any 18 the public meeting. Based on the four pub lie meetings ~
19 discussion? Please~ vote. And the item passes 6-0. 19 there were two proposed changes that received a lot of
20 Our next item will be the Consent Agenda. 20 input. Those two are -.. proposed change items number
21 Prior to tonight's meeting the Planning and Zoning 21 eight as well as proposed item number four.
22 Commission had the opportunity to meet with staff and 22 The Mobility Committee accepted all of the
23 review the items on the Consent Agenda to have any 23 proposed changes except for those two and directed staff
24 questions we had answered or discuss them, so do we have a 24 to bold -- I'm sorry~ to further analyze those proposed
25 motion for approval of the Consent Agenda? 25 changes. The staff went ahead and held a fifth pub lie
Page 2 Page 4
1 COMMISSIONER GUZMAN-RAMON: Move approval 1 meeting directly to address those two issues or those two
2 of the Consent Agenda. 2 proposed changes.
3 COMMISSIONER WATKINS: second. 3 In May~ Frank Payne, our city engineer
4 COMMISSIONER STRANGE: we have a motion by 4 again~ presented to the Mobility Committee a new proposed
5 Mrs. Guzman-Ramon and a second by Mr. Watkins. Any 5 alignment, realignment of Maybill, which is proposed
6 discussion? Please, vote. The vote passes 6 -0. 6 Change Item Number 8, which the Mobility Committee
7 Our next section is for our public hearings 7 accepted the new proposed alignment. At that time~ the
8 and for those of you who are not familiar with our process 8 proposed item number four, which is the four-lane
9 here. There is an opportunity for each of our public 9 extension from Highway 77 up to Milam Road was not.~ did
10 hearing items for the public to speak. If you wish to 10 not get an agreement or wasn't established, therefore, the
11 speak on any item, you need to fill out a yellow card 11 Mobility Committee directed staff to hold a public
12 which are available outside the door, mark the item that 12 meeting, specifically for that proposed change.
13 you want to speak for or against, sign it and present it 13 In July, the Mobility Committee met again
14 to the front. And when the appropriate time comes~ we 14 and at that meeting Frank Payne presented a revised
15 will call your name and you will have the opportunity to 15 proposed change alignment for that segment, again, from
16 come speak. 16 Milam ..- from Highway 77 up to Milam Road and that's where
17 It is our general rule particularly when we 17 we are today.
18 have a large crowd, if you do not fill out a card, you do 18 As presented in Exhibit 2, the proposed
19 not have an opportunity to speak" so we will start our 19 amendments are illustrated. The staff is reconunending
20 hearing and if you need to you can still slip out, get a 20 that these amendments be presented -- be forwarded to the
21 card, nun it in down at the front. Thank you. 21 City Council for their review and action. At this time
22 Our first public hearing tonight is Item 22 I r m going to go over each of the proposed changes.
23 Number 4A which is amendments to our Mobility Plan. And 23 The first proposed change is Item No.1,
24 we will have a presentation from staff. 24 which is the Hickory Creek Road~ Creekdale realignment.
25 MR. MENGUITA: GOOd evening, Mr. Chairman 25 The realignment will take it from its existing alignment
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 1 - Page 4
Condenselt 1M
Page 5 Page 7
1 that follows the Creek flood plain area here. It will 1 Number 15 is the outer loop by -- this is
2 take it north following this alignment here. 2 part of the North Central Texas Council of Government
3 Item No. 2 is the Mills Extension, 3 outer loop project. This area in dotted -- dashed lines
4 extending where it currently ends here at Maybill Road 4 is the reconunendation that staff at the City of Denton is
5 extending west and over and up to Market Street and then 5 proposing from Sherman Road in this vicinity heading east
6 the connectivity would be then to Loop 288. 6 or west over to 1-35. This brings us over to the area
7 And No. 3 is the Bonnie Brae at Highway 77 7 where itrs bounded by 1-35 to the west, Locust Street to
8 realignment. Currently Bonnie Brae extends north and 8 the east, Milam Road to the north and Loop 288 to the
9 terminates here at Highway 77. And the Bonnie Brae north 9 south.
10 of Highway 77 starts again up this area, and then 10 Irm going to start with the primary
11 continues underneath Loop 288. The realignment would 11 arterials and those are delineated by the red and black
12 connect the existing Maybill -- existing Bonnie Brae from 12 dashes. Ganzer/Long Road. Nwnber 14, I'm sorry, Ganzer
13 Westgate directly over Highway 77, and then under Loop 13 Road~ Long Road connection~ the proposal would run from
14 288. We jump to No.5. 14 1-35 here, head east/west towards the proposed Long Road
15 Number 4 is part of a larger discussion, 15 collector on Locust Street.
16 and we'll get there at a later time. 16 Number 13 is the Bonnie Brae Extension.
17 N wnber 5 is the removal of the N acosia 17 This is a new alignment~ This would connect where the
18 Connection to Loop 288. Again, No. 11, we're jrnnping 18 number 3 we had discussed earlier, take it north tlrrough
19 ahead, but No. 11 is the proposed collectors that would 19 the properties up to Milam Road. Again, this is a primary
20 front 288 and there would be a connection here, again, on 20 arterial. This would be a six lane.
21 just the frontage road. 21 Number 10 is our southerly east/west
22 Number 6 is the east Windsor realignment 22 roadway that transects east/west from Locust Street down
23 Currently, the Mobility Plan has Windsor going north up 23 this direction and then over to the four-lane extension
24 this way connecting to Ferris Road and then turning east 24 which is number 4 -- the four-lane extension extends from
25 to Silver Dome Road towards Cooper Creek Road. The 25 Highway 77, heads north/south up to Milam Road.
Page 6 Page 8
1 proposed amendment would be to remove this alignment and 1 The next segment, again, the green
2 create this alignment south of the current alignment with 2 signifies a secondary arterial. This extends from Locust
3 an extension from this segment over to Ferris Road. 3 Street, heads east/west to the four-lane extension.
4 Number 7 is the Audra realignment. Audra 4 And lastly ~ the -- Nwnber 16, the
5 currently extends east this way towards Loop 288. The 5 nortbJsouth connection from the Ganzer/Long Road primary
6 proposed realignment would take it south connecting to 6 arterial heading south -- north/south to the frontage road
7 Prominence which is currently there. This T intersection 7 proposed, again, No~ 11 is the frontage road collector
8 would still remain, but this would create a connectivity 8 streets.
9 enhancement. 9 That is the end of my presentation. If
10 N wnber eight is the Mayhill realignment. 10 there is any questions that I may answer at this time.
II The realignment would take it north of Colorado and then 11 COMMISSIONER STRANGE: AnY questions of
12 veer east towards the current Maybill Road just before 12 staff? Does anyone have any questions of staff? Thank
13 Spencer. Nwnber 9 is the Katrina Extension to Mayhill 13 you very much. We will now open our public hearing. We
14 Road. Currently Katrina is from Loop 288 to about this 14 do have a number of cards marked for people who wish to
15 area here. The Extension would take it froln this area all 15 speak. We'll call your name. When you do you'll come to
16 of the way over to Maybill Road. 16 the pOdilUll. 1'11 call two names. One will come to the
17 Nwnber 11 of the proposed changes is the 17 podium. The second one can come sit in the chair right in
18 collector roads along Loop 288. They start from 18 front so that we can move along.
19 University here and head west towards 1-35. 19 Our procedure here is that you have three
20 Number 12 is the north/south connection 20 minutes to speak. At the end of two minutes you will hear
21 from Creekdale.to Ryan Road. This is a realignment. 21 a sound. That indicates you've had two minutes gone by,
22 Current Mobility Plan has a collector street extending 22 and you'll have one minute left to wrap up. And we do
23 south -- north/south from Ryan to Creekdale in this area 23 like to keep that on a regular cycle.
24 here. But because of the flood plain area; staff 24 So first to speak will by Joe Doye followed
25 reconunends that it be relocated in this area here. 25 by Billy Kellum.
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 5 - Page 8
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MR. KELLUM: I'm Billy Kellum. May I 1
reserve mine until after ~. Dillard? He's making a 2
presentation that is the property that 1'm concerned 3
about. 4
COMMISSIONER STRANGE: Yes. 5
MR. DOYE: And r d like to request a 6
gentleman that I work with to be able to speak also just 7
right after I do. We have some prepared remarks to make. 8
COMMISSIONER STRANGE: Have you both 9
filled out a card? 10
MR. DOYE: Yes, sir. And either he can 11
follow up to my talk or I could take his three minutes if 12
he can relinquish bis three minutes to me. 13
COMMISSIONER STRANGE: Each speaker has 14
three minutes. So you' n be able to speak and then whatt s 15
his name, so I can get him right behind you? ] 6
MR. DOYE: Michael H uhne. 17
COMMISSIONER STRANGE: okay. Give us your 18
name and address, please. 19
MR. DOYE: My name is Joe Doye. I'm at 20
5430 LBJ Freeway, Dallas, Texas. 21
COMMISSIONER STRANGE; GO ahead. 22
MR. DOYE: ob, you're ready? I appreciate - 23
the opportunity to speak with you and I come to you with 24
two hats on. One as the owner of approximately 120 acres 25
Page 11
Spencer Road where the proposed separation from the
current MayhiU Road is to begin, this point is solnetilnes
described as the tie.in or Illerger to the existing Mayhill
alignment.
Additionally; the exact specifics of the
alignment were related to this size of curves radius and
link of the tangents connecting the two proposed curves
used to accolnplish the new Mayhill alignment are
critically hnportant to US~ We believe that further
enCQUragelnent to follow Frank Payne t s latest
recOlmnendation might have a drastically negative hnpact on
all of the landowners' property values. And we have a
very shnple adjustInent to what is now understood as a
recommended alignlnent.
We have luet with Mayor Peny McNeill --
COMMISSIONER STRANGE~ your thue is up. If
you can COllte to a quick conclusion.
MR. DOVE: okay ~ I was just going to say
we met with Mayor Peny McNeill, Pro Teln Pete K3.lnp, City
Council Melnber at large Bob Montgomery and Illl pass to
Michael to continue.
COMMISSIONER STRANGE~ For the record, if
you'l1 give us your nante and address.
MR. HULME: Yes. My naJne is Michael Huhne.
Irln also with the Westin Developlnent COlnpany. The COlnpany
Page 12
is located in Dallas, Texas, but again, it's addressing
the same property that Joe was just discussing. Itm just
going to actually continue with his notes.
And one more thing to clarify on this
illustration, the red one is what we now understand to be
close to the alignment that's now been published, although
I will say that in direct meetings with Frank, he's
mentioned that the tie-in will occur 100 feet from the
Spencer/Mayhill interchange, but the illustrations that
have been distributed in the public meetings illustrate
something more along the lines of 740 feet~ so we've tried
to track with this through all of the information that's
been sent. We have a 00- our engineer, his wife gave birth
to a new baby on Monday; so het s not here right now to
discuss with us where the tie-in is on the blue alignment,
but~ again, in our discussions with Frank, bet s mentioned
this is a pretty simple transition. Ies just not been
something we've been able to get addressed yet.
Additionally, we have worked with Linda
Ratcliff the Director of Economic Development over the
last several months concerning future is sues related to
funding and accelerated construe ticn schedule for this
portion of the road. We f ve also requested and intended as
Irve mentioned more than one meeting directly with the
City Engineering staff. The meeting with City and
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at the southwest corner of Maybill Road and Spencer Road, 1
secondly, as a developer looking at developing 2
approximately 700,000 square feet of retail at that same 3
intersection. And so I wanted to let you know what my 4
concerns are. And what I did I have some prepared 5
information to kind of keep me on track. 6
A concern I'd like to address with you this 7
evening involves the potential realignment of Maybill, 8
NlIDlber 8, or should I say the most recent recoI1llI1endations 9
coming from the City's Engineering staff. These most 10
recent reconunendations neither considered local private 11
owned land values nor the ability for affected future 12
development on these properties. 13
If adopted, the transportation engineer r s 14
current recommendation into a Mobility Plan proceed as is, 15
this oversight will not only affect Westin Company. s 16
immediate retail development plans but also the value of 17
our remaining acreage; approximately 120 acres is owned by 18
us and approximately 120 additional acres is owned by 19
additional landowners just south of us. I want to briefly 20
give you the specifics of our concerns regarding the 21
Maybill alignment. To better illustrate it, I've got this 22
plan here for us to take a look at. 23
Consideration that we formally ask for at 24
this time is that the distance along Maybill south of 25
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Engineering staff included members of Frank Payne's group 1
and others. We continually kept Planning Department 2
apprised of our intentions throughout the year with direct 3
face-to-face meetings with Kelly Carpenter~ And worth 4
mentioning one of your Planners Ron Meguita has been very 5
informative and quick to return our calls when wefve had 6
questions related to our current concerns. 7
On reactions to our developments, 8
intentions and the roadway improvement goals have been 9
universally positive with only the one exception. This 10
exception has had nothing to do with the challenges to our 11
needs in relation to the engineering or the cost of the 12
MaybiU alignment but rather has sourced from some 13
frustrations, again, Frank Payne's office has mentioned, 14
really with our inabilities to release more specific 15
information about our development intentions earlier this 16
year. We have met this challenge by confrrming through a 17
number of face-to-face meetings with Prank and other City 18
engineers that our current recommendation poses no 19
functional issue where related to the cost of 20
construction, the environmental concerns, traffic safety 21
requirements nor long-term ability plans or commitments 22
the City is wishing to accomplish. 23
There has also been made mention the 24
adjacent land fills interest in this more northern offset, 25
Page ]5
quick summary.
COMMISSIONER STRANGE~ Your time is up. We
do appreciate your inputs though.
Next to speak is Shawn Coster.
MR. CARTER: carter.
COMMISSIONER STRANGE: carter, followed by
Bent Carter.
MR. SHAWN CARTER: shawn Carter, live at
6572 Ganzer Road. Talking about the recommendation on
Number 4. If you' 11 notice, I live at Ganzer Road, and
at rust it was going to come straight to my house and the
four-lane road was going to be in front of my house. And
been talking to Frank and they finally come up with a
different idea where my family and my neighbor r s family
will not -- families will not be backing into a four-lane
road.
I recommend this one strongly to keep it
away from our house because I was worried about the safety
of my family when they were backing in a four-lane road
and it keeps all of the neighbors out their safe because
Ganzer Road will not be a four-lane road in front of our
area. That's about all I have~
COMMISSIONER STRANGE: Appreciate your
time. Next to speak is Bent Carter ~
MR. BENT CARTER: Bent Carter. I live at
Page 16
2043 Chinn Road~ just up from Ganzer Road. Just to let
you know we met with Frank's team on several occasions and
nearly every one of those meetings that we had -- this
concerns No.4 as well~ we were at all of the meetingst we
filled the room every time. Most of the citizens were
opposed to the plan because that road come right down our
road, curved right into the front of Shawn's house. He'd
have to back up and several other families would have to
back up and enter a four-lane highway.
The City kept working us, understood our
concerns, r m sure you' re going to hear from the developer
after this, but this works best for US~ We believe we've
worked out a -- we like this road where it goes. We asked
several times during the meetings why it couldnft go this
way. No answers at the time, but just wanted to let you
know werre for the plan as it says right now~ Thank you.
COMMISSIONER STRANGE: Thank you. Next we
have Denise Eberhardt followed by Liz Stokes.
MS. EBERHARDT: Hi. My name is Denise
Eberhardt. My address is 6829 Ganzer Road. And I am
backing up the two Carter gentlemen. We approve of the
new -- my husband and I approve of the new plan. Like
they said~ we have worked with Mr. Payne and Mr. Menguita
at all of the meetings and 'We appreciate their time in
listening to our problems~ And at this time we would like
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
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the one that broaches closer to Spencer~ I look to make 1
clear right now that we strongly object to any Agenda that 2
involves allowing the dump to further disregard the state 3
of the mandated -- of the state-mandated buffer zone, 4
which has already been neglected between Spencer and 5
Edwards along the west side of Mayhill. 6
So in other words~ right now there's a 7
buffer that's maintained between Spencer all the way down 8
here to Edwards. Obviously or apparently from what we've 9
been able to surmise so far, their desire is to tie 10
Spencer and -- much further north, this just allows them, 11
like I say, to neglect this buffer zone, which is -- 12
already has its issues right now, given the dry weather 13
and other things much less the fact that due to this 14
northern movement of the road curvature, Westin 15
development's property will be burdened with over eight 16
acres strictly dedicated to the roadway along with the 1 7
subdivision that will occur right in the core of where 18
we're intending this 750~OOO square feet of additional 19
retail off the eastern side of Wal-Mart. Looks like rm 20
out of time~ 21
COMMISSIONER STRANGE: We appreciate your 22
comments. 23
MR. HULME: YOU bet. 24
MR. DOYE: could we make a summary? A 25
CondenseIt TM
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1 to approve this new plan. Thank you. 1 And we also have looked at this adjacent--
2 COMMISSIONER STRANGE: We have Liz Stokes 2 now, I have met with some of the landowners out there. I
3 followed by Don Dillard. 3 understand the concerns. We've been good neighbors south
4 MS. STOKES: Hi. I'm Liz Stokes. I live 4 of there at Galatyn Park in our retail center. And this
5 at 2012 Belmont Park in Denton, Texas. That's Lexington 5 is a blowup. I don't know if you can see it. But keep in
6 Park. 1'm here to talk. about Nwnber 12, the expansion of 6 mind we're planning roads now. Werre not putting
7 Creekdale. And I have to apologize to you because I'm 7 engineering drawings on the ground. \Vhat this shows you
8 about to sound like a complete idiot. I have been given 8 if we took the plan that we propose which is opposed to
9 several different stories about what the expansion is 9 the starr s plan, what we would be in that neighborhood
10 supposed to be and then I came here tonight and got 10 and what wefre proposing is you leave Ganzer in place as a
11 another different one, so I'm a little bit confused now as 11 service drive to connect to those houses. And then the
12 to wbat' s supposed to be happening. 12 road would actually be out out here and it would only come
13 So my comments are that I'm opposed to the 13 close in this proximity, about 150 feet to one house. But
14 expansion of Creekdale because of the added traffic is sues 14 theyrd still have access to their houses along Ganzer.
15 that it will create in our already busy subdivision. As 15 So what we're proposing is basically this
16 of right now ~ we only have one exit and that is on to FM 16 concept~ but really -- we have a drawing we received from
17 2181 from Wheeler Ridge. And between the hours of 6 :00 17 the City.
18 3.m. and 8:30 a.m. and 3 :00 p.m. to 7:00 p.m. you cannot 18 COMMISSIONER STRANGE: can you move the
19 make a left-hand turn without almost getting side-swiped 19 microphone over so we can hear you?
20 either coming from the left or the right. If you expand 20 MR. DILLARD: we had a drawing we showed
21 Creekdale and allow that to ease traffic into our 21 which was a response to our plan after a lot of
22 neighborhood, that's only going to add more traffic into 22 coordination. This is ten years' work. This is the
23 our neighborhood, people coming on to Lone Star Wheeler 23 e-mail we had showing our original schemes down through
24 Ridge, coming out to try and get out and adding even more 24 here and this is what we got e-mailed, no, that won't
25 traffic. If that is what that is, then r m opposed to it. 25 work. Here's what wet re going to do. We feel that not
Page 18 Page 20
1 If that is not what you are doing~ then please -- I 1 any of this information that we presented to staff in ten
2 apologize for my ignorance. Thank you. 2 years has ever gotten to any of your committees including
3 COMMISSIONER STRANGE: I have Don Dillard 3 the Mobility Committee, and we're going legally on record
4 followed by Sonya Hill. 4 to get this into the file. Pve got you each a brochure
5 MR. DILLARD~ rm talking a bout No.4. My 5 and two for the secretary to record this~
6 name is Don Dillard, Galatyn Park Corporation, 5000 6 And if you'11 notice in here there' s a page
7 Thanksgiving Tower, Dallas. I will hand you this brochure 7 and a half of single space line item contacts and memos
8 when I get through to save time. We have been meeting 8 that wetve had on this property. So we're going to be
9 with the City and the Chamber for ten years on this plan 9 good neighbors and hopefully, it's a win-win deal, but we
10 that you see on the screen here if you can scope it out. 10 wanted you to be aware of that. Thank you.
11 This was a visioning session ten years ago. It's all 11 COMMISSIONER STRANGE: Appreciate your
12 doclUllented in this report. We have a page and a half of 12 comments. We have Sonya Hill followed by Roger Hill.
13 all of the conunents and meetings wefve had with the City. 13 MS. HILL: Hi. I'm Sonya Hill. I live at
14 Pm going to try to use this time wisely. 14 2201 Creekdale and rm also speaking on Item No. 12. It
15 We've had a plan all along for ten years. It shows a road 15 would be very helpful to us as residents if someone would
16 along Bonnie Brae or Ganzer adjacent to that neighborhood. 16 actually explain what is planned for that extension
17 Just because it's adjacent doesnrt mean it cantt be 17 because we've heard various different things like we said.
18 compatib Ie. 18 N one of us were notified a bout the extension because we
19 We've had recent plans, and this is the 19 donrt live within the 500 feet of the connection although
20 latest one that we've worked on as of today when Mr. 20 it greatly affects us because we are residents of that
21 Kellwn who had some opposition down at the south because 21 road.
22 he wanted to dedicate land across the top of his property. 22 And as a resident of Creekdale~ I realize
23 This plan now reflects that. We think it also reflects 23 that it is a residential collector road and we knew from
24 the coordination we've done with the Tomlin Property on 24 -- when we moved there from the Mobility Plan that it was
25 the east. 25 expected to be connected with the other Creekdale further
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
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1 on down that is currently only accessed by Hickory Creek 1 this point. r d just like to reiterate a few points, if I
2 or Ryan Roads. 2 may, that what we're mostly concerned about is the size of
3 Connecting two neighborhoods is not an 3 this road and the timing in which it's built.
4 issue to me. I donrt have a problem with that. But when 4 Number one, we've heard it's a six-lane
5 you change it and you say, okay~ now werre going to take 5 road. There is no outlet for a six-lane road in that
6 Creekdale -- we're not going to connect it to the other 6 community~ If you examine the area, we don't see a plan
7 Creekdale, wetre going to connect it to Ryan Road and 7 as to where this road will go other than connecting to
8 that's an entirely different proposal for an entirely 8 Creekdale as my -. as Sonya stated~
9 different purpose. 9 Creekdale is a two-lane road at present.
10 You're not connecting two neighborhoods 10 It's not designed to be expanded. It is a residential
11 now. You're taking and making a route that allows people 11 road, so we do not see the point of connecting a six-lane,
12 to avoid a traffic light. That's all it. s for. It's to 12 one block road with other two-lane roads in the area. We
13 allow people to avoid the traffic light at Teasley and 13 see no plan to this road being that wide. If we're
14 Ryan and instead go through our neighborhood. 14 mistaken and this is a two-lane road, then again, we have
15 So now you're taking a group of people who 15 no problem with the size of the road, but if it is a
16 are too impatient to wait for a traffic light and you're 16 six -lane road, we greatly object to the size of the road
17 taking them tlrrough our neighborhood. Our understanding 17 since it seems to connect to nothing.
18 is that that is going to raise our miles per hour on our 18 The timing of the road is also of concern
19 street to 35 at a minimum. I live on that street. My 19 because we do know that Ryan is scheduled to be expanded
20 house is on that street. I don't want people coming 20 some day. We do know that Teasley is on the plan to be
21 through there at 35 miles per hour or more because they. re 21 expanded. We believe when those roads are expanded we'll
22 100 impatient to wait for a light. That means they're 22 have -- it will have better use for that road. We believe
23 going to be too impatient to wait for people who are 23 that if that road is built before expansion occurs, it
24 crossing the street. 24 will lead to traffic trying to avoid long delays at lights
25 We also have a children's park on Creekdale 25 and put unnecessary traffic through residential
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1 right before where that turn is going to be. People are 1 neighborhoods. That's not what collectors are designed to
2 going to be coming down through there and therers our 2 do, and we feel like that's what it would lead to.
3 children's park on Creekdale. 3 So we object to the timing and the size of
4 The other thing that we've heard is that 4 this road. We..... and again, if we're incorrect on whaes
5 this is a six-lane road. Our road is a two.lane road. 5 happening there, we would like more infonnation
6 Itfs a collector road but it's two lanes. Why do we need a 6 distributed to whatever avenue is appropriate. Thank you.
7 six-lane road connected to a two-lane road? \\'hat is the 7 COMMISSIONER STRANGE: I have elrris Croom
8 purpose of that? I would like that explained to me. S followed by Bill Muse.
9 We've never .- wefve never heard anything about what the 9 MR. MORSE: Morse.
10 explanation is for why we need a six-lane road. A 10 COMMISSIONER STRANGE: Morse.
11 six-lane road that goes for approximately two blocks is 11 MR. CROOM: My name is Chris Croom~ I live
12 going to do nothing but then funnel traffic back down into 12 at 2400 Creekdale. As you can imagine I, too~ oppose this
13 a two-lane road, and it's going to be a drag strip for 13 proposal along with my neighbors. In addition to some of
14 teenagers. And that's what 1'm afraid of personally is 14 the comments that they've made, I feel that in addition to
15 that we're going to have a drag strip and then when they 15 this proposed six -- and again, we've been told six lanes
16 get caught, they're going to come speeding down our road, 16 dumping out into our neighborhood, not only does it dump
17 and wefre going to be out walking and werre going to get .17 out on to a two-lane road, but it does so in a proposed
18 hit by these teenagers coming down our road. And I'm not 18 area where there is a children's park. I take my kids to
19 happy a bout that. And that's what I have to say. Thank 19 this park. That's a safety concern for .- not only for my
20 you. 20 kids~ but for me and my family, the other families that
21 COMMISSIONER STRANGE: Thank you. We have 21 live along our street.
22 Roger Hill followed by Chris Croom. 22 There probably would have been more of
23 MR. HILL: rm Roger Hill. I also live at 23 these neighbors COIne to this meeting tonight had we had
24 2201 Creekdale and I'll also be speaking on Issue No. 12 24 more information or felt we were properly notified. I
25 and as you might imagine I concur with Sonya's comments to 25 didn r t find out until an e-mail from one of my neighbors.
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
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1 That could be my fault. I apologize for that. However, 1 no stop signs on any corners in our neighborhood. We have
2 this road would bring a lot of additional traffic in front 2 contacted the City ~ multiple departments of the City and
3 of our homes, and with that increase in volume of traffic, 3 they have declined 10 put stop signs in our neighborhood.
4 I think also comes crime opportunity. Itts not a 4 However; phase 3 is cuirently under
5 neighborhood that I would want to live in~ 5 construction and they. re selling home sites there getting
6 When I built this home over a year ago. I 6 ready to build, there are stop signs on every single
7 was told that it would initially connect with the other 7 corner in Phase 3. So we don f t understand that there.
8 Creekdale on the west end where it was -.. a prior 8 They talked about the issue of the speed limit. The
9 neighborhood already exists. We were fully aware of that. 9 children f s park is less than 10 feet off of this main
10 Now, with this change, bad I been looking at this 10 corner where this proposal is.
11 neighborhood now, no, I would not have -- I would not have 11 Another issue is there is a children's bus
12 built in this neighborhood~ I may have not bave built in 12 stop for the elementary and middle school children that is
13 Denton. So that is a major concern for me. Safety is a 13 at the other end of Creekdale leading out to Teasley Lane.
14 fact. Thatt s part of the reason we chose this 14 Children from all over our neighborhood
15 neighborhood. There would be one way in currently and 15 walk, cross streets by themselves without parental
16 then when they extend to Creekdale that would provide the 16 supervision because we live in that kind of a neighborhood
17 second route in and out of the neighborhood. Thank you. 17 and congregate there waiting for their school buses
18 COMMISSIONER STRANGE~ okay~ We have Bill 18 morning and afternoon~ With the increased traffic it is
19 Morse followed by Kelly Wooley. 19 going to cause problems and dangerous situations,
20 MR MORSE: 11m Bill Morse. I live at 20 potentially dangerous situations for our children.
21 2317 Creekdale. To reiterate the facts of Mr. and Mrs. 21 Plans as they mentioned are already in
22 Hill and Chris, again, when I purchased my home, my 22 progress to widen both Teasley Lane and Ryan Road to six
23 understanding that Creekdale was a collector road. It was 23 lanes. We feel that this is being used as a shortcut to
24 a neighborhood collector road, which was going to connect 24 avoid the congestion of the traffic light at Teasley and
25 to the Creekdale which ran through Ryan Ranch and which 25 Ryan~ It's going to be unnecessary in a few years anyway,
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1 also ran up to William Stewart Elementary. And my 1 but it r s solving a temporary situation with a pennanent
2 understanding of a collector road was to take neighborhood 2 solution. We have a very real problem with that.
3 traffic from the neighborhood, run it through an 3 To the west of this proposed road on
4 additional neighborhood to a certain point which would 4 Creekdale, the land is owned by Good Samaritan. I don't
5 have been the elementary school. 5 know if their representative is here, Good Samaritan
6 This Creekdale Extension looks like it's 6 Village. They were at the public hearing in March that I
7 going to create nothing but a cut-through from Ryan Road 7 attended. They have already given up land that they own
8 through our neighborhood~ Our homes on Creekdale face 8 for the dog park that's off of Ryan Road, and they also
9 this street. They're not like some of the other similar 9 object to more land being taken for this north/south
10 collector roads that run in Denton where theytll run on 10 connection to Teasley to -- excuse me, to Ryan.
11 the side of homes. This is the front of our home. This 11 And then there is going to be another
12 is where we play with our children. We have our dogs, we 12 residential community built to the north of Lexington Park
13 meet with our neighbors. We don't need, you know, 13 with more high end homes that will go up into the
14 35-mile-an-hour traffic running through our neighborhood. 14 $250~OOO.OO and up range. People are not going to want to
15 It's just going to hurt our property values, the tax base~ 15 build when they're sandwiched between a six-lane roadt
16 and we oppose it. Thank you~ 16 Ryan Road; which will eventually be six lanes, and Teasley
17 COMMISSIONER STRANGE: we have Kelly Wooley 17 Road which is eventually six lanes.
18 followed by Kent Wooley~ 18 I know that Denton is wanting to bring in
19 MS. WOOLEY: Good evening. My name is 19 more higher end communities. This is an area that bas a
20 Kelly Wooley. I live at 1916 Del Mar Court also in 20 lot of mobile home parks, and a lot of the lower end .-
21 Lexington Park addres sing Issue No. 12. A lot of what I 21 we.re trying to keep the neighborhood resale values up,
22 have to say is similar to my neighbors along with the fact 22 property values up, taxes up, all of that.
23 that we have three phases in our neighborhood. The 23 In closingJ r d like to say that before we
24 existing homes now are phase 1 and 2 which would be 24 decided to build in Lexington Park and in Denton, we did
25 directly affected by the Creekdale Extension. There are 25 research the dead -end of Creekdale because it r s very
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1 obvious. We were at that time told that it was a Mobility 1 You have an east/west road, the green section that runs
2 Plan issue that it would be a winding meandering -- can I 2 across there. That completely transverses the north
3 finish up, winding meandering -- 3 border of my property we offered to the City to dedicate
4 COMMISSIONER STRANGE: wrap up quickly, 4 right-of-way if that road was put there. Prank Payne and
5 please. 5 the staff agreed to that. I am in support of the plan as
6 MS. WOOLEY~ -- through the neighborhoods 6 it's presently drawn. However, I met with Don Dillard and
7 -- can I finish? 7 the minor proposed changes that he proposes down on my end
8 COMMISSIONER STRANGE: NO, you're finished. 8 are quite acceptable to me. If we could have a win/win
9 MS. WOOLEY: I is done? 9 situation there in acconunodating Mr. Dillard and my
10 COMMISSIONER STRA.NGE~ Your time's up. 10 neighbors to the north, then I would be in support of that
11 Thank you. 11 plan as well.
12 MR. WOOLEY~ My name is Kent Wooley~ I 12 So I have no problem with that, and I just
13 live at 1916 Creekdale -- rm sorry, not Creekdale, but 13 wanted you to know that I presently support the plan as
14 Del Mar Court. Itm also speaking in opposition to Number 14 presented on Number 4, but I can support Mr. Dillard's
15 12. One of the other concerns that has not been mentioned 15 plan and will do so if that's what you decide to do.
16 yet is that there is a neighborhood to the north of us 16 Thank you.
17 which my wife alluded to, and it is platted to have a 17 COMMISSIONER STRANGE: Thank you for your
18 connection to Creekdale on a road that is tentatively 18 conunents. We do have one other card here that just came
19 named Hialeah now. That will feed through their 19 in late for John Bond. Please give us your name and
20 ,neighborhood, and eventually connect out to Ryan as well. 20 address.
21 This seems to duplicate the same effort 21 MR. BOND~ My name is John Bond. I live at
22 that is acbiev~ you know, by putting this extension 22 1700 South Mayhill Road, the house that is across the
23 through. It also seems to be jumping the gun if you t re 23 street from the landfill. The -- this is my house right
24 going to widen out Teasley and if you're going to widen 24 here. And I've lived there for -- since before it was in
25 out Ryan, why put this through? I understand that there 25 the City limits, Irve lived out there and before Wal-Mart
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1 is a problem with flood plain, however, thafs nothing 1 was there. And at one time the family owned the part
2 new. 1'm not sure why suddenly, you know~ the City of 2 where Wal-Mart is. And this area up in here~ there's a
3 Denton has decided oh, the flood plain is now a problem 3 bunch of drainage~ or up in here where the water goes
4 when it wasn't when a regional mobility plan was laid out. 4 under Spencer Road and the -- it would be a whole lot
5 I would much prefer that Creekdale wind 5 cheaper for the City or whoever is going to be build the
6 through neighborhoods as well and connect out by Wayne 6 street to cOlne and do this thing~ than it would be to do
7 Stewart Ryan Elementary. I understand the traffic needs 7 this.
8 and I also understand that, you know, that there are 8 And quite frankly, I don't want -- while
9 problems out there. Howevert I think that, you know, you 9 rm living in that house~ I don't want this road at
10 need to consider property values. I think you need to 10 Mayhill realigned behind the house while I'm living in it.
11 consider the safety of children. And I think you need to 11 That separates me from all the rest of it. But the ..- I
12 understand what it's going to do to the complexion of the 12 am definitely in favor of this part and like I say, wet ve
13 neighborhoods in the area. Thank you very much. 13 been out there a long time.
14 COMMISSIONER STAANGE: Thank you for your 14 The Westin Group, Joe Doye is a cousin of
15 comments. That I s all the cards I have for people who wish 15 mine and hell, we used 10 play up on this hill up here
16 to speak. 16 back when we were kids and, you know, we've always had
17 MR. KELLUM~ I filled out a card. 17 plans of developing this whole thing and before the dump
18 COMMISSIONER S1RANGE: JUst a second here. 18 was over there on Edwardfs old farm over there, there was
19 Okay. Do you wish to speak? 19 -- the dump came in and what -- my uncles and the rest of
20 MR. KELLUM:: Yes, sir. 20 the family we held off on filing a lawsuit against the
21 COMMISSIONER STRANGE: okay. 21 City back then when they built the landfill, and ~s.
22 MR. KELLUM:: MY name is Billy Kellum. I 22 Haggard is here. She r s another -- she lives just south of
23 live at 1009 Ridgecrest Circle here in Denton. rm 23 us. And I r m not sure what her views are on this, but I
24 speaking on Item No.4. I'm particularly talking about 24 know she's not terribly happy with the landfill. Never
25 the southern end of the oval if you look at it down there. 25 bas been. None of us really are, bu~ you know, what can
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
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1 you do? 1 anything a bout this until a few days ago when some of this
2 The -- anyway, as being the owner and the 2 infonnation was mailed to a friend who then contacted me
3 resident in that house, I wish the City and the zoning 3 and I didn't attend any of the hearings if there were
4 would -- Planning and Zoning would consider this blue line 4 hearings resolving this because I didn't know anything
5 or -- as far as rerouting it, we'd rather not have it go 5 about it. I did not receive a letter regarding this
6 all the way up here and all this curve being this -- the 6 proposal at all. It says in the notice of public hearing
7 northern corner of that property that we've bad for so 7 that a discussion with -- following a discussion with the
8 long. And the -- I dontt know. I guess that's about all 8 developer of the affected properties, the addition of this
9 really r ve got to say. 9 will further facilitate connectivity and mobility between
10 COMMISSIONER STRANGE: Your time is up. 10 288 and Maybill Road.
11 Thank you~ We have had one person who had marked they did 11 The only problem with that is the facility
12 not want to speak who now wishes to speak~ Richard 12 goes right straight through my houseJ Maybill or Mills
13 Sherman. Please come fonvard and give us your name and 13 Street dead -ends at Mayhill. My house is on the west side
14 address. 14 of Maybill and I face straight -- I can look out my front
15 MR. SHERMAN: Ladies and gentlemen, thank 15 door and look down the Mills Street.
16 you for the opportunity. In my haste, I did mark the 16 The developer that owns the property owns
17 wrong box. So thank you for the opportunity to speak 17 property to the north of me and I am about -- r d say he's
18 before you. This is my second attempt to fight this 18 probably about 160, 180 feet further north and so this is
19 City's attempt to turn my American dream into somewhat of 19 coming right -- if it comes across as I understand it,
20 an infrastructural transportation nightmare in my front 20 right straight shot, it's going to go right through my
21 yard. That is like calculus to a 6th grader. I donrt 21 house, so I'm a little concerned and if I'm a little
22 know what the heck is going on and I empathize with you 22 emotional, it t s because I didn'1 know this was going to
23 and have much respect for you if you can understand all of 23 take place and I'm opposed to it needless to say. \Vhen I
24 that. 24 bought the house I intended to retire and live there for
25 But I want to talk about Item 12. My-- 25 the rest of my life. The only thing it looks to me like
Page 34 Page 36
1 I'm at 2401 Creekdale~ I apologize. I forgot to name my 1 this is doing is facilitating a developer who owns the
2 address, or if I did -- I am against the proposal. I feel 2 land and he takes out my land for a road and her s got a
3 that this proposal is akin to duck tape applied to a pane 3 direct access to his development and he doesn't use up any
4 glass window with a false hope that it will survive a 4 of bis property whatsoever ~ And I talked with Ron and r m
5 tornado, or better yet a sandbag levy that will survive a 5 sorry, I don r t know his -- I can't say his last name, but
6 hurricane storm smge. Or even a Band~Aid on a wound that 6 he wasn't even familiar with wbat was taking place and
7 requires stitches. Approving this Band-Aid will allow for 7 said he would have to talk to the engineer about it.
8 an infection of increased traffic which will progress to a 8 And so if it is further north and I'm
9 need for amputation, an amputation of a child's right to 9 totally out of line, then I apologize to you, but if it's
10 play peacefully and safely in a neighborhood intended for 10 coming across straight as it looks on the map here, then
11 safe passage of its residents, not a City insensitive of 11 yes, I am very concerned and very opposed to it, because I
12 its negative impact of its attempt to save dollars without 12 will lose my house and property and everything else, and
13 making any real sense. Thank you for your time. 13 1'm not the developer. I do not own the land north of it
14 COMMISSIONER STRANGE~ Appreciate your 14 and I don rt know if he's even here tonight. I was not
15 comments~ We have three cards that did not mark if they 15 privy to any of the conversations~ And like I said, I did
16 wish to speak for or against or did not wish to speak, so 16 not know anything a bout this whatsoever until a few days
17 I'm going to call those out. George Calhoun, do you wish 17 ago when these letters were mailed out to some other
18 to speak or not? 18 people that were affected and a friend of mine called me
19 MR. CALHOUN: Yes. 19 and said ...... or did you get a letter and I said; no, I
20 COMMISSIONER STRANGE: okay. Please come 20 hadn rt heard anything about it. And she said, well, it
21 fOlWard. Give us your name and address, please. 21 goes right through your house. And I said, it can't go
22 MR. CALHOUN: My name is George Calhoun. I 22 through my house. I've heard nothing about it
23 live at 321 North Maybill Road. It is Number 2 on the 23 And so that. s my concern and It 11 also
24 map. I don' t know if you can pull it up or not. I 24 point out that this land right over here is just vacant
25 apologize if I am a little bit nervous, but I did not know 25 land. There is no reason why it could not be used to
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
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1 curve: Mills Street. 1 Gibson who wish to speak against the -- or who are opposed
2 COMMISSIONER STRANGE: Thank you for your 2 to the Creekdale Extension, do not wish to speak. Tom
3 comments. Chris Watts has a card but did not mark whether 3 Lincoln is in opposition to the Creekdale Extension. C.R.
4 they wish to speak or not. 4 and Anne Lincoln who are opposed to the Creekdale
5 MR. WAITS: well, I think that was on a 5 Extension.
6 different public hearing -- it was on Item C. 6 And then I have one card from Paula Chapman
7 COMMISSIONER STRANGE: okay ~ It wasn. t 7 on Neptune, and it does not reference which item sbe is --
8 clear which one -- 8 it's marked No. 11 ~ which is on the Loop 288 parallel
9 MR. WAITS: sorry about that. 9 connector and she's concerned how it will affect her
10 COMMISSIONER STRANGE: okay. And I bave a 10 residence on Neptune Drive.
11 card for Mr. Carpenter and I've never seen him when he did 11 So those are the items that we have and
12 not wish to speak. Do you wish to speak or not, Mr~ 12 does the City staff wish to make a response to any of the
13 Carpenter? 13 comments that we have received from the public?
14 MR. CARPENTER: I wish to speak~ You're 14 MR. MENGUITA: lid like to ask Frank Payne
15 cracking me up, you know that? Thank you very much. And 15 to come up and respond to some of those conunents received
16 the reason I didn't indicate for or against, I wasnrt real 16 from the public at this time.
17 clear on how the Agenda item was listed. r m here to 17 MR. PAYNE: Thank you. I'm Frank Payne,
18 support Don Dillard and what is now Galatyn Park. r ve 18 City Engineer. I'd like to address a couple of these<t
19 known personally Mr. Dillard and what is now Galatyn Park 19 just simply to clarify a couple of things~ If you r lllook
20 Corporation since 1990 when they bought a bout 1,300 acres 20 at Exhibit 1 and Exhibit 2 in your backup package,
21 of land in our City~ And I would very comfortably use the 21 specifically ~ as it relates to the route of Creekdale,
22 words reasonable and good neighbor when describing my 22 you'11 see that staff really isn f t proposing much of a
23 relationship with Mr. Dillard. 23 modification to Creekdale at all.
24 They own several parcels; as I'm sure 24 On Exhibit 1 you can see that Creekdale
25 you f re well aware of. One of them is very important to 25 extends from 2181 to the west and then curves north to
Page 38 Page 40
1 our strategic plan for economic development that we went 1 Ryan Road. It's already doing that. The primary thing
2 into partnership with the City of Denton on October 1 s1, 2 that cbanged here was the route of Hickory Creek Road.
3 2003 and their success with this and all of these parcels 3 Staff recommended that Hickory Creek Road be routed north
4 all kind of connect. So I guess -- what my request 4 and west --
5 specifically is is I saw the list of meetings that Mr. 5 COMMISSIONER STRANGE: AS we talk about
6 Dillard had up here and I'm here to attest that he was 6 these, letrs put them up so the public can see what welre
7 here because most of the time he comes by the Chamber 7 talking about.
8 office and updates me on projects that we're working on 8 MR. PAYNE: sorry about that. Shouldn't
9 mutually. 9 change the traffic patterns along Creekdale, it r s
10 And I would just simply respectfully 10 increasing connectivity to Ryan Road and really --
II request that you please give him a little more time to 11 COMMISSIONER STRANGE: Let me ask you one
12 talk about the amendment that has been proposed to their 12 thing ..... I hate to interrupt you. Can we get the exhibit
13 route, and I think it will prove good for all concerned. 13 back up that you had when you were talking about them
14 The address is 1112 Pennsylvania, Denton, Texas. Itm 14 because it. s a little clearer. I hate to interrupt you,
15 still trying to get over Mr~ Strangets shot at me there, 15 Mr. Paynet but I think it would be good for the audience
16 but I'll get over it. Appreciate your consideration~ 16 if -- there seemed to be some confusion as to what was
17 Thank you very much. 17 happening. If we can get it up and -- there we go~
18 COMMISSIONER STRANGE~ Thank you. We 18 MR. PAYNE~ I gathered that. I apologize.
19 appreciate that. I do have other cards~ but It 11 ask one 19 I'm a little hoarse. Creekdale is still going to be a
20 more time, is there anyone else here who wishes to speak 20 collector. The capacity and size of Creekdale is not
21 or felt like they had turned in a card and wished to 21 envisioned to change. The route and location is
22 Speak? Okay. I will read out the cards as best as I can 22 essentially the same. We moved it slightly to the north
23 for the items. 23 and east to make room for the relocation of Hickory Creek
24 I have a Larry L. Miller who wishes to 24 Road, and thatrs the only change other than a slight
25 speak against the Creekdale Extension. Harvey and Peggy 25 connector bet\veen Creekdale and Hickory Creek Road.
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So I just want to clarify that. I think
that was most of the items. As far as the -- as far as
the Mayhill Road alignment~ I did speak with Mr. Daye and
his associate at length after the public meeting process
was concluded and mobility committee had recommended --
endorsed the route that1s shown.
The only real problem that I see with
making a change out of hand to that route is that the
neighbors have had an opportunity to respond and a public
hearing that would -- or a public meeting that would look
at those changes has not been conducted. There are
concerns on the part of solid waste in that the federal
regulations which relate to their buffer zone have changed
from 50 to 125 feet. They r re in support of the staff
reconunended alignment of Maybill Road so that they can
achieve the additional buffer zone for their future
expansions of the solid waste facility ~
In addition, the changes that -- that have
been requested pushed the main curve off the property to
the north as was originally requested by Westin Company to
the south and crosses the neighbor's property Ms. Haggard
and the Nehns.
With regard to the alignment number 4, this
has gone to public meeting two times, to the Mobility
Conunittee a nwnber of times. r m not sure that I can
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there1 it's possible that -- that that speed could be
adjusted. It's not likely it would ever go down. If 85
percent of the drivers are traveling at a speed higher
than 30 miles an hour, it could be resigned higher than
that.
UNIDENTIFIED SPEAKER IN AUDIENCE: In a
residential neighborhood?
UNIDENTIFIED SPEAKER IN AUDIENCE: In front
of my house?
COMMISSIONER STRANGE: wait. We have one
person at a time who speaks. Thank you.
MR. PAYNE: Again~ thafs only if -- it's
the same way that TXDOT sets speeds on the state highways.
They do a speed zone study ~ And they do an analysis and
if 85 percent of the traveling public drives a certain
speed, that's how they determine the speed limit that's
set and then adopted by ordinance. Same thing with the
City . We would not go out there and change that speed
above 30 miles an hour unless we were requested to do so.
COMMISSIONER STRANGE: Let's see. We do
have two other items I bave marked that we had comments
on. One was from a gentleman on Mills -- the Mills
Extension, Item No. 2 \~lbere the road was going to come
through his house and also on Item No. 11 which is on the
parallel collector to Loop 288.
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comment on all of the information that Mr. Dillard has 1
provided to the City~ It predates me in large part. If 2
he says he provided it, I believe him~ I will tell you 3
that City staff including myself and our traffic engineer 4
met with Mr. Dillard, and an associate of his with Tomlin 5
Group, and received a plan that they asked us to carry 6
forward into Mobility Plan Amendments and we used it 7
exactly as they provided it to us. 8
We took it to the public twice on their 9
behalf, and the only comments that we received were 10
negative in nature. And the developer was provided an 11
opportunity twice to speak out in support of his plan and 12
declined to do so in public meeting. Thatls the only 13
clarification It 11 offer on those items. I'll entertain 14
any questions~ Yes, sir. 15
Oh, I'm sorry ...- our traffic engineer was 16
pointing out to me that Item Number 2 is a connector. 17
Itts actually going to be a collector between Ryan Road 18
and Creekdale. It is not six lane and it will not be 19
signed at 35 miles an hour unless it's warranted at 35 20
miles an hour. 21
In other words, it will default to the 22
prima fascia speed of 30 miles an hour, which is the 23
State, if itts not signed, that's the default speed limit. 24
If the City is requested to conduct a speed rone study out 25
Page 44
MR PAYNE: I'll have to apologize to ~~
Calhoun. I did meet with the developer out there, Mr.
Zalla, and that is my mistake. I took the word of the
developer that he had that property under contract. He
requested that road extension because of connectivity
concerns and it appeared to staff that it would improve
the connectivity back to the north and west, back to Loop
288. Again, we were told that he had that property under
contract.
The simple fact of the matter is that road
will not be built unless Mr. Calhoun were to sell and
develop that property. So there's no CIP project out
there to initiate that action. The City has no intention
to extend Mills Street as shown. So unless the developer
can come to an agreement with Mr~ Calhoun or Mr. Calhoun
develops that property himself.. it won't happen. But it's
a fact that we did not notice that. We thought we were
dealing with one property owner and that' s probably a
mistake on the stafrs part
COMMISSIONER STRANGR okay. rn come
back to that in a second~ Let me just ask the question
while it r s on my mind. Is there going to be some way that
we can make some notation in the plan about that so it
will be clear to anybody that picks it up and looks at it
that theyfre not going to go through the front door of
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
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1 their house? 1 Ifs in your backup. The notes from the meeting are
2 MR. PAYNE: I don r t think it would be a 2 essentially the same. In both meetings the developer's
3 pro blem at this time since it's a developer requested item 3 representative was present and declined to speak.
4 to take Item 2 off the table. If the developer is sincere 4 COMMISSIONER STRANGE~ okay~ And then Item
5 in his attempt to extend Mills Street which I believe he 5 No.8, I understocxi one of the people that spoke in
6 is, he can look at the route and come to the City at that 6 opposition to that said that they had met with you and
7 time and process a mobility plan change with his plat 7 that there was some idea that you could entertain the
8 document. S southern route; I think it was a blue route.
9 COMMISSIONER STRANGE~ well, I wasn rt so 9 MR PAYNE~ what I explained to Mr. Daye
10 much recommending that as to just whether or not we could 10 and his associate was that from a technical perspective
11 put some sort of a notation, a footnote to that particular 11 staff didnrt have any real problem with that route. The
12 item or something so it would be clear wbat the situation 12 problem that staff had was that it had not proceeded
13 is. 13 through the public forum and ~. Doye was also available
14 And also on Item No~ 11, which is the 14 at the meetings.
15 person up on Neptune who is concerned about that parallel 15 The route that staff recommended was
16 collector and how it would affect Neptune~ Item No. 11. 16 brought to us by Mr. Doye about a little over a year ago.
17 MR. PAYNE: oh, rm sorry. Mr. Strange; 17 We were not aware of his ..... any details of his proposed
18 I'm not sure exactly how to respond to that one. r d have 18 change until after this was already headed to P & z.
19 to look at exactly where Neptune is. Those roadways are 19 COMMISSIONER STRANGE: okay. All right.
20 intended to be parallel and abutting the TXOOT roadway. 20 And I guess the other one~ if they can put this Creekdale
21 COMMISSIONER STRANGE: Letts put that 21 back up. Mr. Menguita, if you can put that other one back
22 particular area up if we can. 22 up.
23 MR. P A YNE~ That's Neptune. If that's 23 MR. PAYNE: This isn' tactually Creekdale.
24 Neptune that Mr. Menguita has identified with the cursor, 24 The roadway that this is replacing is Montecito. And
25 it won'1 affect it at all because that portion is already 25 Montecito is originally shown on the Mobility Plan as
Page 46 Page 48
1 developed and we're not showing those frontage roads to 1 going down a pretty significant drainage divide. The-..
2 extend through that area. 2 or the alignment of Creekdale as itls presently shown is
3 COMMISSIONER STRANGE: okay. All right. 3 very similar to the way itJs always been shown to my
4 Okay~ Well, it seems to me that -- okay. We've got three 4 knowledge on the Mobility Plan.
5 areas here that have received quite a bit of conunent. 5 COMMISSIONER STRANGE: You Ire talking about
6 We've cleaned t\vo of them up~ One is Item No.4, which is 6 the east/west portion?
7 the extension of Milam Road. The other one is Item No.8, 7 MR. PAYNE: Yes, sir.
8 which is the Maybill Road realignment and the -- 8 COMMISSIONER STRANGE: The black dotted
9 obviously, the most controversial is Item No. 12, so my 9 lines, that's the way that it's been on other mobility
10 understanding that the -- we had no input at all on Item 10 plans?
11 No.4 from the development community about the plan 11 MR~ PAYNE: Yes, sir.
12 they' re now proposing? 12 COMMISSIONER STRANGE: which is really
13 MR PAYNE~ 11m sorry? Item No. 47 13 connecting the two?
]4 COMMISSIONER STRANGE: Yeah, the extension 14 MR. PAYNE: The portion you're seeing right
15 from -- four-lane extension from 77 to Milam Road. 15 there on the map, where -- you see where the word
16 MR. PAYNE: We had significant amount of 16 Creekdale is?
17 input from the developer. It's not the same thing that 17 COMMISSIONER STRANGE: uh-huh.
18 the developer provided us in advance of the public ]8 MR. PAYNE: That has not changed. West of
19 meetings~ But we met twice with the public out in that 19 there where you see the alignment of Hickory Creek Road
20 area and took it back to the Mobility Committee after the 20 changing north to Ryan Road is the only section that staff
21 fIrst one. 21 tinkered with the alignment
22 Mr. Dillard requested an additional 30 days 22 COMMISSIONER STRANGE: okay.
23 to work with the neighborhood and staff on changes. We 23 MR. PAYNE: And, again, the classification
24 took a slightly modified version back to a public meeting, 24 of the roadway was not changed at all. It's still a
25 not significantly different~ and, again, same comments. 25 collector.
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006 .
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1 COMMISSIONER STRANGE: SO Creekdale as 1 the Item Number 8.
2 we've had all of this comment really is not affected? 2 COMMISSIONER STRANGE~ okay. This is going
3 It r s the same as it was on the -- 3 to Council for when?
4 MR. P A TIffi Pm Dot going to conunent for 4 MS. CARPENTER~ I believe the earliest it
5 public, but I'm thinking it's probably a misunderstanding 5 could go now is the 26th -- 12th or 26th, but if ies
6 of the items that are coming forward. r d be glad to meet 6 going on the 12th, it has to be advertised this coming
7 with any of these folks to talk a bout it in detail. 7 Sunday ~ So it could be the 12th or the 26th of September.
8 COMMISSIONER STRANGE: BeCause really we're 8 COMMISSIONER STRA.NGE: SO you r re suggesting
9 moving, as you said, we're moving a northwest -- I mean, a 9 that the staff meet with those people one more time; is
10 north/south street east a little ways and not really 10 that what you r re suggesting?
11 affecting the east/west street that was already there or 11 COMMISSIONER THIBODEAUX: Yes.
12 proposed? 12 (Discussion off the record.)
13 MR. PAYNE: correct. There was some 13 COMMISSIONER THIBODEAUX~ Mr. Chairman, I'd
14 discussions with Good Sam Village and they had .... had 14 certainly like to hear from my fellow Commmissioners.
15 talked to some City staff at one point about a north/south 15 COMMISSIONER STRANGE: Yeah. Well, were
16 roadway going through their property. \Vben we showed them 16 going to see if we can hear everybody else. I was just
17 this alignment and explained to theffi that the right.of-way 17 trying to get a clarification from Ms. Carpenter about
18 dedication and the amount of pavement that they would be 18 timing wise what we would be into, because this needs to
19 responsible for was significantly less than it would be on 19 move on to the City Council and if we pull any of this
20 the west, I'm thinking that they're in favor of this 20 back, you would have to allow time for notice, meetings,
21 route~ I mean, I cantt quote anybody from Good Samaritan 21 and then for the Mobility Conunittee to meet again and
22 but it's much less infrastructure imposition on them. 22 re-approve it because this ..... because we've heard this has
23 Ifs also going to impact a development to the east there. 23 gone through a number of public forums and a number of
24 The name of that development slips my mind right name. 24 other committees before it ever got to us.
25 UNIDENTIFIED SPEA.KER IN AUDIENCE~ Teasley 25 So anything that we do really is going to
Page 50 Page 52
1 Park~ 1 -- I don't think it t s going to be a short-term deal
2 MR. PAYNE: Teasley.. 2 We're going to go back through that same iteration with
3 COMMISSIONER STRANGE~ okay. Anyone else 3 public bearings and back to the Mobility Committee and
4 have a question of staff? I didn rt intend to ask all of 4 back to recommendation of us, so it could lengthen it.
5 the questions} so anyone else have any questions about -- 5 That' s what I was trying to clarify with ~s. Carpenter.
6 or any conunents about any of the views from the public? 6 Do any other Commissioners have any
7 MR. PAYNE: Thank you. 7 conunents about the Mobility Plan? :t\.1r. Watkins~
8 COMMISSIONER STRANGE: okay ~ With that, 8 COMMISSIONER WATKINS: Mr. Chairman, I
9 wetll close our public hearing~ And we will need now to 9 guess I'm fairly disappointed with five public meetings
10 make any recommendations that we wish to make in the form 10 and 11 meetings and the predominate thing that I heard --
II of a motion to forward this on to City Council. Do we 11 COMMISSIONER STRANGE: Do you have your
12 have any motions or any discussion? Dr. Thibodeaux. 12 microphone on, George?
13 COMMISSIONER THIBODEAUX: Mr. Chairman, I 13 COMMISSIONER WATKINS: It should be.
14 listened to the comments~ of course, coming from the 14 COMMISSIONER STRANGE~ Maybe pull it over a
15 citizens concerning Items 8 and 12 in particular and I 15 little closer. It r s hard to hear.
16 would like to speak to Number 12. 16 COMMISSIONER WATKINS; will this one work?
17 I think that the staff has inclicated to us 17 Okay. rm sorry. With five public meetings and 11
18 that there arentt major changes that would take place 18 meetings and we even have the minutes from those meetings
19 because of that north side -- north/south addition or 19 and yet the predominate thought from these folks and I
20 modification there, but I think there's still probably a 20 dontt question them at all is they're not up to what's
21 great deal of need for some communication with the 21 going on.
22 neighborhood and maybe to allow them to get some answers 22 We're -- somewhere we're failing as far as
23 and some questions to raise the concerns again. And I 23 communicating with these folks in what we're trying to do
24 would be in favor of some means of trying to allow that to 24 I think -- I hope that wet re in line with them. But at
25 take place. I think that maybe I feel the same way about 25 this time, it r s a little difficult to conununicate with
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just a picture on the wall. And they live there, so they 1
know a good bit a bout it 2
The other thought is it is a mobility plan 3
and knowing how tight funds are, I don't think any of 4
these things are due to be built in the close future. But 5
I do -- but I do wish to thank the folks that came out 6
tonight to speak on these issues. And I know how 7
difficult it is, perhaps, to come to the microphone, but 8
thank you ever so much for bringing us your views~ 9
COMMISSIONER STRANGE~ AnY other comments? 10
I would just offer that that it seems to me that staff ] 1
did, as ~ . Watkins said~ a good job of numbers of 12
bearings and the amount of work that went into this. Yau 13
know, what I heard in a couple of cases was that they had 14
input that now is 00- people are wanting to change~ and 15
that always puts the staff in a tough position to have 16
input and then have after the docwnent is done, have 17
people who want to change it. 18
We did have input, if you recall, at one of 19
our work sessions~ about Item Nwnber 4 and we specifically 20
asked that we have another public hearing after that 21
meeting before tonight to try to clear that up. And my 22
understanding is that the: people we asked to come~ it 23
wasn't convenient so they couldn tt come; and we ended up 24
having to cancel the meeting. . 25
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So we've had a lot of forums for this and
the staff has put forth a lot of effort on it and it would
seem to me that it proba hly is something that we should
send fonvard with the idea in mind that if in the future a
developer wants to make a change at the time they are
ready to develop, they can always request a change to the
Mobility Plan; is that correct?
MS. CARPENTER: They can come to the City
with the requested change, yes, sir.
COMMISSIONER STRA.NGE: So if s not like
we're cutting off every avenue here, and, again, I think
there have been ample forwns for people to have brought
their plans fonvard. So with that, I would think that --
I would make a motion that we move this fonvard to the
City Council and would look for a second~
COMMISSIONER WATKINS: second.
COMMISSIONER STRANGE: I have a motion and
a second. Any discussion? Ms. Guzman "Ramon.
COMMISSIONER GUZMAN-RAMON: oh, no.
COMMISSIONER STRANGE: Mr. Eagleton.
COMMISSIONER EAGLETON: I did have a
question. Are we talking about moving the entire thing
fonvard, or are we just talking about Item Number -- Items
Number 4 and Number 87
COMMISSIONER STRANGE: My recommendation is
Page 55
move the whole thing fonvard.
COMMISSIONER EAGLETON: okay.
COMMISSIONER STRANGE: Any other
discussion? So we have a motion and a second by Mr.
Watkins. Any other discus sian? Ms . Guzman-Ramon, your
light came up again.
COMMISSIONER GUZMAN-RAMON: Yes, okay. No,
this time I do have something to say ~
COMMISSIONER STRANGE: okay.
COMMISSIONER GUZMAN-RAMON: That would be
without number 2, correct, without the Mills Extension?
COMMISSIONER STRA.NGE: well, I think,
again, this is going to probably fall in the same
category. We can either take that off or it would be as
hers going to hopefully amend the deal with a note that
that will not go fOIWard until that developer controls
that property.
COMMISSIONER GiJZMA.~-RAMON~ okay. That's
fine. Thank you.
COMMISSIONER STRA.NGE: Mr. Eagleton.
COMMISSIONER EAGLETON: MY only concern is,
again, on the Creekdale, Number 12, maybe I havenrt
understood camp letely but, as that goes forward to the
City Council, we're -- all we're doing is moving it
forward to the City Council for further consideration,
Page 56
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correct?
COMMISSIONER STRANGE: COrrect.
COMMISSIONER EAGLETON: okay. Thanks.
COMMISSIONER STRANGE: yeah. We're
reconunending this plan to the Council.
COMMISSIONER EAGLETON: okay.
COMMISSIONER STRANGE; AnY other
discussion? Dr. Thibodeaux.
COMMISSIONER THIBODEAUX: well, I still
feel that communication -- that some communication needs
to be done to just kind of clear it up with that group,
the Creekdale neighbors that were here tonight and I do
understand the process that you were talking about and I
really am in no way trying to delay this from going
fonvard but ... and I don't know if there t s any way that is
within the .. that is legal and all of that just to have
some -- maybe one on -- you know~ some conversations with
them.
And if questions were asked, maybe they
could raise those questions of someone and have those
questions answered without having to go through all of
those steps. I don't know.
COMMISSIONER STRANGE: IS Mr. Payne still
here?
MR. PAYNE: Yes, sir.
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 53 - Page 56
CondenseIt 1M
Page 57 Page 59
1 COMMISSIONER STRANGE: would it be possible 1
2 for your group to meet, since there seems to be a lot of 2
3 maybe misunderstanding about that one particular item 3
4 since it did ...- we're not really doing anything 10 4
5 Creekdale, would it be possible between now and the time 5
6 this goes to Council to have one more meeting with the 6
7 Creekdale residents just to clarify for them exactly 7
8 what's happening? 8
9 ~. PAYNE: certainly. 9
10 COMMISSIONER STRANGE: okay~ Then r 11 10
11 amend my motion to say wet 11 move this fonvard on the 11
12 basis that Item Number 12 will have one more meeting there 12
13 for clarifying to the public what we're attempting to do. 13
14 Will you make an amendment to your second? 14
15 COMMISSIONER WATKINS: Yes, second. 15
16 COMMISSIONER STRANGE: okay. So we've got 16
17 a new motion and a ne\V second. And does that accomplish 17
18 what you'd like, Dr. Thibodeaux? 18
19 COMMISSIONER THIBODEAUX: Yes, it does~ 19
20 COMMISSIONER STRANGE: okay. With that, 20
21 let's please, vote~ Ms. Ramon, your vote did not count 21
22 yet. There you go. And the item passes 6-0. 22
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PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 57 - Page 60
CondenseIt 1M
Page 61 Page 63
1 COMMISSIONER STRANGE: Our next item is -- I . duplexes. Only when therets a difference did I show them
2 let's hold up one second and we'll give the audience time 2 here. Attached single family dwellings is pennitted in
3 to clear. 3 DR~ 2. Dwellings above busines ses is also permitted.
4 Okay. Our meeting is still in session so 4 Multi-family dwellings are permitted with the limitation
5 we'11 move fOlWard to Item No. 48 J which is -- if we 5 number 5; which states within this district the density of
6 could1 someone from staff please ask them to move on out 6 apartments will be calculated as one-bedroom equating to
7 into the foyer. 7 .5 units. Also, in DR- 2 ~ permitted is retail sales and
8 Next item is Item No. 4 B, which is an 8 service and professional services and offices both with a
9 Alternative Development Plan and it was noticed to be on 9 limitation number 15, which limits the square feet of
10 our Agenda, but the newspaper did not get this item 10 those uses to 5,000.
11 noticed correctlYJ therefore, we cannot act on it tonight, 11 This table compares the general regulations
12 so Item No. 4B will be moved forward to a later date~ 12 for DR-l and DR~ 2. AS you can see the most significant
13 We f 11 go on to Item No. 4C, which is 13 differences between DR.} and DR-2 is the allowable
14 rezoning of approximately .24 acres from a Downtown 14 density. In DR-l it t s eight dwelling units per acre. In
15 Residentiall zoning district to a Downtown Residential 2 15 DR- 2 ~ if s 30 units per acre. The maximum lot coverage in
16 zoning district. Ms. Shelton. 16 DR-l is 60 percent. That increases to 75 percent in DR.2.
17 MS. SHELTON: Yes, sir. Thank you. The 17 The minimlUl1landscaped area in DR.! is 40 percent and 25
18 subject property is located on the west side of A venue A~ 18 percent in DR-2.
19 at Collins Road as shown here on the location map. 19 Here's the site photo, which shows the
20 Currently~ the site is zoned Downtown Residentiall and is 20 existing lot. That r s that northern portion of the entire
21 undeveloped. The surrounding zoning is DR-2 to the north 21 1.98 acres. This is the notification map. We have
22 which is developed with single~family residences. DR-2 to 22 received no written responses at all for this case. Staff
23 the south which is undeveloped. To the east is DR-2, 23 recommends approval of the rezoning request based on the
24 pardon me, DR.lt which is developed as single family and 24 following findings. The proposed use is compatible with
25 to the west is DR-l and DCG which is also developed as 25 the surrounding neighborhood, and the proposed zoning
Page 62 Page 64
1 single family. 1 change is compatible with the Denton Plan and the Denton
2 The subject site and all surrounding 2 Development CodeJ and r d be happy to answer any
3 property is located in the downtown University Core Future 3 questions, and the applicant is also here to answer any
4' Land Use Area of the Denton Plan~ According to the Denton 4 questions.
5 Plan this area is intended to have a mix of educational, 5 COMMISSIONER STRANGE~ Anyone have any
6 residential~ retail, office, service, government, 6 questions of staff? We'll now open the public hearing.
7 culmral, and entertainment development. It should be a 7 Is the applicant here and do they wish to speak?
8 place where residents can live, work, learn and play in 8 MR. WATKINS: Yes.
9 the same neighborhood. 9 COMMISSIONER STRANGE: please come forward
10 This zoning change request was submitted in 10 and give us your name and addres s, please.
11 conjunction with an Alternative Development Plan to allow 11 MR. WATKINS: My name is Steve Watkins. I
12 a 26-unit multi-family development on the property. As 12 live at 12 Hidden Valley, Shady Shores, Texas and I
13 :Mr. Strange said, the newspaper notification for the ADP 13 represent Gateway Development on this project. What werre
14 was not printed, so it was pulled from the Agenda this 14 proposing is a 26 -unit multi -family development designed
15 evening. I have included the site plan shown here to give 15 as a walk-to-school multi-family project. Very few
16 the Commission a concept of the proposed development. And 16 available in-fill lots that are currently available around
17 as you can see, here this is the property that we are -- 17 the University of North Texas. And this location provides
18 the request to rezone the entire site; the 1.098 acres is 18 an opportunity to provide a development that will allow a
19 to be developed for the multi-family. This portion is 19 walkMto-school environment which we currently have a
20 already zoned DR-2. And this is 3 site plan that we'll be 20 pretty health demand for even with our, in some opinions,
21 looking at again with the ADP. 21 over-populated multi -family projects in town.
22 This table compares the current land uses 22 The site allows 30 units per acre. Wet re
23 within the DR.I zoning district with a proposed DR~21and 23 proposing 26. There's 25 percent landscape coverage.
24 uses~ And I've listed only those here where there was a 24 We're proposing 29 percent. Canopy coverage is -- will be
25 difference, so in both zoning districts, you do have like 25 35 percent. We fall within all of the parking
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 61 - Page 64
CondenseIt 1M
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requirements that are going to be required and we are 1
mitigating all of the tree issues that are in effect. 2
We feel like we have an opportunity to 3
provide some value to the conununity in an area that has 4
not seen development in quite a while. So we look fonvard 5
to working with the City any way we can to get this 6
property developed. Thank you. 7
COMMISSIONER STRANGE: Any question.s of the 8
applicant? Thank you. We have one card on this item if 9
it's marked correctly, Chris Watts. 10
MR. WATTS: Yes. My name is Chris Watts. 11
My residence is at 2216 South Bonnie Brae Street. I put 12
1'm opposed but it' s probably more of a clarification. I 13
have a property at 1118 Collin Street which is just 14
probably 200 feet -- the 200-foot buffer hits my corner of 15
my lot. And I'm zoned DR-2 as well. And I've built three 16
years ago an eight-unit complex there. My concern with 17
this particular project is the site is zoned DR -1 and if 18
you go back to the map that shows the zoning of the entire 19
area, back when the City did their massive rezoning 20
effort, this whole area was at one point a low intensity 21
area~ And then you could come and make zoning requests to 22
the City ~ 23
The fraternity or the sorority has that 24
parcel1hatrs right below the site and I presume that's 25
Page 66
pro bably how they got the DR- 2 zoning because everything 1
else in the area is DR-l except for existing multi-family 2
that was there when the zoning occurred. 3
On the site map, and r ve counted it 4
several times so I still could have an error, but I'm 5
counting only 24 units on the site map, on the site plan. 6
I've counted the condensing units and rye counted the 7
Wlits, so I guess, is it -- I think we just need to 8
revisit that. 9
My concern is just the density. Yourve got 10
a one-acre tract that. s basically going to be filled. 11
Now, the tract below that is a DR-2 which is a little less 12
than an acre and you can do 30 units an acre if you can 13
satisfy the parking requirements. 14
And as you come in that comer, off of 15
McCormick, after you get past the fire station, this is 16
going to be the rrrst thing you see coming into Denton on 17
that side~ Now, you.ve got the Windmill Apartments on the 18
east side of the property which is about a 3D-unit -- it's 19
pretty much a high density and it's been my understanding 20
that the City is trying to reign in multi-family and I 21
think that would be a perfect site for a multi -family 22
project, but to me, the only problem I have with it is the 23
density ~ 24
So I can't really oppose the DR-2 zoning 25
Page 67
that's already in place, so I'm really only opposing that
to being rezoned a DR-2 shnply because it provides for a
higher density.
If it's 24 units or 20 units, I can.1 tell
from the site plan. The site plan I think shows 24, and
so if there f s two more units in there, 1'm not sure
exactly where they're going -. where theytre going to be.
So I dontt oppose a multi-family
development there. My concern is just how's it going to
look, you know. Right as you come in that corner, therer s
going to be a parking lot right there at that point, so
right as you come around the comer, that r s what you. re
going to see.
And I think in the ADP. they're asking for
a four -- a variance from ten foot on the setback to four
foot on residential, which, okay. Wetre giving them the
density but then wet re also scooting the boundaries out
more to try to pack this thing in. So, you know, I just
would ...- my conunent is simply maybe reconsider the
density .
If it's an economic issue, I certainly
understand~ I. m a multi-family developer and owner here
in town, so I understand how that goes. But that's pretty
much what my comments are.
COMMISSIONER STRANGE~ Thank you for your
Page 68
COlmnents.
MR. WA1TS~ You bet.
COM?\tlISSIONER STRANGE: that's all the cards
that we have. Is there anyone else here who wishes to
speak for or against? Does the applicant wish to have any
rebuttal or any clarification on the unit count?
MR. WATKINS: 2~ 24 two-bedroom~ 2
one-bedroOJUs.
MR. WAITS; okay. I just Jnight want to get
with you and discuss it.
MR. WATKINS: sure.
COMMISSIONER S1RANGE~ okay. If there. s no
other cards and no other conversation. wetll close the
public hearing. Do we have a nlotion on this iteln?
CO:M:M:ISSIONER GUZMAN-RAMON: Mr~ Chair ~ I
would move approval of HelD 4C.
COMMISSIONER STRANGE: okay. We have a
motion. Do we have a second?
COMMISSIONER moMAS: second.
COM1vlISSIONER STRANGE: we have a motion by
Mrs. GuZlnan-Rmnon and a second by Mr. Thomas. Do \ve have
any discussion? If not, please vote. And the vote passes
6-0.
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
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Page 69 Page 71
1 COMMISSIONER STRANGE: our next item is 1 be happy to answer any of your questions.
2 Item No. 4D, which is the rezoning of approximately 16 2 COMMISSIONER STRANGE: Any questions of
3 acres from a Neighborhood Residential Mixed Use Zoning 3 staff? Thank you, Mr. Russell. Is the applicant here and
4 District to a Neighborhood Residential 4 Zoning District. 4 do they wish to speak?
5 Mr ~ Rus sell. S APPLICANT: we're here but we don r t need to
6 MR RUSSELL~ Mr. Chair, members of the 6 speak.
7 Planning and Zoning Conunission, Item 4 D is zoning case No. 7 COMMISSIONER STRANGE: Are you sure? Okay.
S Z.06-Q022. Subject property is located along the south 8 We have no cards. So with no one wishing to speak we will
9 side of McKinney where the Trinity Road intersects from 9 close the public hearing. Do we have a motion on this
10 the north. 10 item?
11 Subject property is approximately 16 acres. 11 COMMISSIONER THOMAS~ Mr. Chainnan, I move
12 It's undeveloped and as you can see from the slide that 12 approval, please.
13 the adjacent properties to the west and to the south and 13 COMMISSIONER STRANGE: We have a motion by
14 the east are also undeveloped. There is some residential 14 Mr. Thomas. Do we have a second?
15 development and some nonresidential as well scattered to 15 COMMISSIONER THIBODEAUX: second.
16 the north side of McKinney from the subject property. 16 COMMISSIONER STRANGE; I have a second by
17 The orange line that you see here is the 17 Dr. Thibodeaux. Any discussion? Please, vote. The vote
18 City Limit line so the subject property is in the City 18 pas ses 6-0.
19 limits and your ETJ is to the east. And there r s also some 19 The next item on our Agenda is any future
20 ETJ to the north across McKinney. The reason for the 20 Agenda items~ Do we have anyone here who wishes to add
21 request~ this is just a closer view of the subject site. 21 any Agenda items for Planning and Zoning Corrunission to
22 The property is currently zoned an NAAru Neighborhood 22 consider? If not, we will adjourn at 8: 1 7.
23 Residential Mixed Use District. The property to the south 23 (End of proceedings.)
24 is zoned NR~4, which is single family. 24
25 The property owner, the applicant owns both 25
Page 70 Page 72
1 the subject site as well as the property to the south, 1 Yellow cards received:
2 it's a part of -- when you combine the 16 acres and the 2 Karen Miller
3 subject site with the property to the south, it makes a 3 C~R~ and Annie Lincoln
4 total of 80 acres. Theyt re interested in coming in with a 4 Paula Chapman
5 unified single-family development on the property. The 5 Tom Lincoln
6 existing zoning NRMU does not allow single family~ 6 Chris Watts
7 therefore, they. re trying to combine it with the zoning 7 Harvey and Peggy Gibson
8 they have to the south to make it all NR-4. In effect, 8 Larry Miller
9 this is what it would look like) and you still have your 9 Chuck Carpenter
10 NRMU to the north along McKinney. 10 Bent Carter Shawn Carter
11 These are a couple of slides of the -- the 11 George Calhoun
12 slide to the upper left is standing on McKinney looking to 12 Billy Kellum
13 the south of the subj eet property and the slide to the 13 Joe Doye
14 bottom right is looking towards the north to the -- to the 14 Richard Sherman
15 north of the subject property. 15 John Bond
16 We did send out seven notices to property 16 Michael Hulme
17 owners within 200 feet and we so far have received four 17 Kelly Wooley Kent Wooley
18 notices in favor and zero in opposi tion~ So again, this 18 Bill Morse
19 is essentially the zoning district being requested is less 19 Chris Croom
20 intense than the current zoning in terms of density 20 Sonya Hill Roger Hill
21 allowed, development standards, and also the main reason 21 Don Dillard
22 being that that does permit them to develop the property 22 Liz Stokes
23 with single family uses. Staff is in support of the 23 Denise Eberhardt
24 request. It is consistent with the Denton Plan as well as 24 Jane Meaney
25 being compatible with the adj acent wning districts. 1'11 25
CondenseIt 1M
PLANNING & ZONING REGULAR SESSION, AUGUST 23, 2006
Page 69 - Page 72
City of Denton City Council Minutes
September 12, 2006
Page 7
P. R2006-033 - A resolution of the City Council of the City of Denton, Texas,
amending resolution No. R2005-053 and endorsing the "Joint Recommendation
for Regional Rail in North Central Texas" as approved by the Boards of Dallas
Area Rapid Transit (DART), Denton County Transportation Authority (DCTA)
and the Fort Worth Transportation Authority (The T) that supports the concept of
local option funding of public transit in the region by exempting an amount equal
to the locally authorized transit sales tax from the 2% local sales tax cap; and
declaring an effective date. (The Chair of the Mobility Committee recommended
approval. )
Q. 2006-248 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a grant agreement for $142,889 from the Texas Department
of Housing and Community Affairs Emergency Shelter Grant Program and take
all other actions necessary; and providing for an effective date.
R. R2006-034 - A resolution appointing members to the Board of Directors of the
North Texas Higher Education Authority; and declaring an effective date.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
providing for an amendment to the Denton Mobility Plan. There were 17 proposed changes.
(CA06-0004) The Planning and Zoning Commission recommended approval (6-0). The
Mobility Committee recommended approval (3-0).
Kelly Carpenter, Director of Planning and Development, stated that Item #2 (Mills Extension
west), #4 (Milam Road), #8 (Mayhill Road realignment) and #12 (Creekdale to Ryan Road) had
been removed from consideration at this time with additional research to be conducted and
additional public meetings to be held on these proposals.
Kamp motioned, Heggins seconded to exclude from the agenda of this meeting and not consider
at this time Items #2, #4, #8 and #12. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye",
Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried
unanimously.
Carpenter continued with a discussion of detailed dates of the neighborhood meetings on the
amendments.
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Lloyd Smith, 1509 Swisher, Denton, 76209-speaking for Mr. Calhoun-against #2 on the
plan
Earl Hargrave, 750 Pipeline Court, #107, Hurst 76053, spoke for Mr. Calhoun who was
against #2 on the plan
Robert Donnelly, 3900 Quail Creek Road, Denton, 76209 - against #8 on the plan
Shawn Carter, 6572 Ganzer Road, Denton, 76207 - in support of Ganzer Road
City of Denton City Council Minutes
September 12, 2006
Page 8
Todd LaSalle, 2055 Chinn Road, Denton, stated that his item had been taken off
consideration for this meeting
Don Dillard, 4900 Thanksgiving Tower, Dallas - item was removed from consideration
Jannet and George Calhoun, 321 N. Mayhill Road, Denton, 76206 - opposition to #2
Carol Beckham, 2100 S. Mayhill Road. Denton, 76208 - in favor of#8
Khosrow Sadeghian, P.o. Box 50593, Denton, 76206 - wanted more to time to review
proposals
Richard Greb, 2100 South Mayhill, Denton, requested information on #8 and was in
favor of the western location
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 2006-249
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON,
TEXAS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (CA06-
0004 )
Kamp motioned, Mulroy seconded to adopt the ordinance with the exception of Items #2, #4, #8,
and #12. Those items would be studied further and brought back to Council when ready as
opposed to the Planning and Zoning Commission. On roll vote, Heggins "aye", Kamp "aye",
McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye".
Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
regarding a 4.0-acre tract of land on the southwest corner of University Drive and Old North
Road intersection. The items under consideration were:
1. Comprehensive Plan Amendment for approximately 4 acres of land from
"Existing Neighborhoods/ Infill Compatibility" land use designation to
"Community Mixed Use Centers" land use designation. The property is
located at the southwest corner of the intersection of University Drive and
Old North Road and is zoned Neighborhood Residential Mixed Use
(NRMU) zoning district. (CA06-0007) The Planning and Zoning
Commission recommended approval (5-0).
2. Rezoning of approximately 4 acres of land from a Neighborhood
Residential Mixed Use (NRMU) zoning district to a Community Mixed
Use General (CM-G) zoning district. The property is located on the
southwest corner of the intersection of University Drive and Old North
Road. (206-0012) The Planning and Zoning Commission recommended
approval (5-0).
s: \OUf Documents\Ordinances\06\CA06"()004 Mooility Plan Amendments.doc
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FORAN AMENDMENT
TO THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON, TEXAS, PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTNE DA TE~ (CA06-0004)
WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999-
2020, the Comprehensive Plan of the City of Denton, Texas; and
WHEREAS, on August 23,2006, the Planning and Zoning Commission recommended
approval of the Mobility Plan Amendment; and
WHEREAS, the City Council finds that the Mobility Plan Amendment is in the best
interests of the health, safety and general welfare of the citizens of the City of Denton, Texas;
NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference~
SECTION 2~ The Mobility Plan of the Denton Plan is hereby amended as explained in
Exhibit "A" - Proposed Changes and shown on Exhibit "B."
SECTION 3~ The City's official Mobility Plan map is amended to show the change in future
roadways.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5~ This ordinance shall become effective immediately from and upon its
passage and approval.
PASSED AND APPROVED this the _ day of
, 2006..
PERRY McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M SNYDER, CITY ATTORNEY
..........-............-........
...............
(/~~ ..,
)B , ;<'.
./ . ~.
.r
PAGE 2
EXHIBIT A
PROPOSED CHANGES
4. Four Lane Extension (From U.S. Hwy. 77 to Milam Road) - These changes are intended to
be responsive to proposed development in this general area and to address the concerns of
the residents along Ganzer Road and Chinn Road. The proposed orientation eliminates the
severe bends currently shown on the Mobility Plan.
12. North-South Connection - Creekdale to Ryan Road. Remove Montecito in the same limits-
The current proposed alignment of Montecito between Ryan and Creekdale will require
substantial engineering and construction costs to elevate it above the current creek. The new
alignment will provide the same connectivity benefits and eliminate these other issues.
PAGE 3
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AGENDA INFORMATION SHEET
AGENDA DATE:
December 12, 2006
DEP ARTMENT:
Planning and Development Department
Howard Martin, 349-8232 ..
ACM:
SUBJECT - S06-0001 (O'Toole Lease No.1H)
Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit for
gas well drilling and production. The approximately 22-acre site is located within a
Neighborhood Residential 4 (NR-4) zoning district. The property is located on the south side of
Ryan Road approximately 1,500 feet west of Teasley Lane. The Planning and Zoning
Commission recommends approval with conditions (7-0).
BACKGROUND
Applicant: Endeavor Energy Resources, LP Midland, TX
This Specific Use Permit to allow gas well drilling and production within a Neighborhood
Residential 4 (NR-4) zoning district was submitted in conjunction with a gas well plat (GWP06-
0004 O'Toole Lease No. IH; See Exhibit 6). The Denton Development Code allows gas well
drilling and production in an NR-6 zoning district only with approval of a Specific Use Permit
and with the limitation that it must comply with the provisions of Subchapter 22, Gas Well
Drilling and Production. All staff comments have been addressed concerning the Gas Well Plat
document. No permits will be issued without the approval of the SUP.
There are no existing residential structures within 500' feet of the proposed wellhead. However
on May 10, 2006 the approximately 81-acre parcel to the south of the proposed wellhead was
preliminary platted as Teasley Park (Forest Meadows) into 228 residential lots. A final plat for
the southeastern portion of the site has been submitted and is in process. Once constructed, no
residential homes will be within 500 feet of the proposed wellhead.
Public notification and property owner responses are provided in Exhibit 3. As of this writing,
staff has not received written responses to the request from property owners within 200 feet of
the subject site. Two letters of support have been received from the owners of the future Forest
Meadow Subdivision and from the owners of the Lexington Park Subdivision (See Exhibit 7).
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
October 25,2006 - Planning & Zoning Commission Public Hearing
OPTIONS
1. Approve as submitted.
2. Approve subject to additional conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the Specific Use Permit with the
following conditions and advisory:
1. The ingress and egress to the well site is from Ryan Road instead of the residential collector
Creekdale Road.
2. The gas well operator shall completely screen the gas well site with a stockade style fence,
constructed on steel posts to create a visually appealing buffer, prior to drilling or
construction of drilling facilities.
3. Development and operation of the gas well development shall be in accordance with the site
plan on file in the City Planning Department, a copy of which is attached hereto and made a
part hereof as Exhibit "B".
EXHIBITS
1. Staff Analysis
2. Maps
3. Public Notification Information
4. Site Photograph
5. Letter of Intent
6. Gas Well Plat
7. Letters of Support
8. Letter from Applicant
9. Planning and Zoning Commission Minutes
1 o. Ordinance
Prepared by:
Supriya Chewle
Planner II
Respectfully submitted,
:/..
Brian Lockley, AICP
Interim Director of Planning and Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANAL YSIS
CASE NO: S06-0001
LOCA TION:
APPLICANT:
OWNER:
REQUEST:
STAFF
RECOMMENDA TION:
ZONING DISTRICT:
COMPREHENSIVE PLAN
DESIGNA TION:
DATE TO BE CONSIDERED: December 12,2006
The property is generally located west of Hickory Creek
Heights Subdivision, and south of Ryan Road.
Endeavor Energy Resources, LP
11 0 N Marienfield Ste 200
Midland, TX
Ryan Road JV
1900 Cedar Springs
Dallas, TX
Specific Use Permit for gas well drilling and production
Staff recommends approval of the Specific Use Permit
subject to conditions.
Neighborhood Residential 4 (NR-4)
The subject site is located within the "Neighborhood
Centers" future land use area. These areas may develop
in conventional patterns or may be developed in a pattern of
'neighborhood centers'. Neighborhood centers are oriented
inwardly, focusing on the center of the neighborhood and
containing facilities vital to the day-to-day activity of the
neighborhood. A neighborhood center might contain a
convenience store, small restaurant, personal service
shops, church or synagogue, daycare, individual office
space, a small park and perhaps an elementary school.
The proposed gas well drilling and production is not
consistent with the "Neighborhood Centers" future land use
goals as briefly described above. However, with appropriate
conditions placed on the gas well development, the gas well
development will not detract from the development of a
Neighborhood Center in this area.
East:
The subject and surrounding property is primarily
undeveloped, and is not in a flood plain.
Neighborhood Residential 2 (NR-2) - Undeveloped
residential zoning
Neighborhood Residential 2 (NR-2) - Undeveloped
residential zoning
Neighborhood Residential 6 (NR-6) - Undeveloped
residential zoning
Neighborhood Residential 4 (NR-4) - Undeveloped
residential zoning
SITE AND
SURROUNDINGS:
North:
South:
West:
BACKGROUND INFORMA TION:
The following section of the Denton Development Code provides for the SUP process for
Gas Well Drilling and Production:
35.22.4 Gas Well Drilling and Production by Specific Use Permit or Planned
Development Zoning District; Application and Requirements.
A. No person, acting for himself or acting as an agent, employee, independent
contractor, or servant for any person, shall engage in drilling or production of a gas
well within the corporate limits of the City without first obtaining either a Specific Use
Permit as required by this Subchapter or unless permitted within a Planned
Development Zoning District unless drilling is permitted by right pursuant to Section
35.22.3. A Specific Use Permit shall be required to vary the standards under
Subsection 35.22.5.
B. An application for a Specific Use Permit or Planned Development Zoning District for
the drilling and production of a gas well shall be filed by the person having legal
authority. That person is presumed to be the record owner, mineral owner, or the duly
authorized agent of either the record owner or the mineral owner. The Chairman of
the Development Review Committee (DRC) may require an applicant to submit
information of authority to file an application.
C. The Chairman of the DRC has the authority to establish requirements for applications
in the Application Criteria Manual. No application shall be accepted for filing until it is
complete and the fee established by the City Council of the City of Denton has been
paid. Incomplete applications shall be returned less a fee for processing determined
by the Director of Planning and Development.
D. No application for a Gas Well Development Plat, Gas Well Permit, Watershed
Protection Permit or any other application for drilling and production of gas within the
city limits shall be approved outright or conditionally until a Specific Use Permit or
Planned Development District authorizing such use first has been approved. Denial or
conditional approval of a Specific Use Permit or Planned Development District for gas
well drilling and production shall be grounds for denial or conditional approval of any
other permit application pertaining to such use for the same land.
The applicant applied for the Gas Well Development Plat on February 20, 2006 along
with this Specific Use Permit. The applicant has two more gas wells proposed in the
vicinity. The Acme 1 H gas well site is located in a Neighborhood Residential 2 (NR-2)
zoning district. Gas wells are permitted by right in the NR-2 zoning districts. The gas well
plat was approved with Creekdale Road as the primary access for this gas well site. The
other, the Good Samaritan No.1 H (S06-0002), is pending approval of an SUP for gas
well drilling and production. This gas well site also proposes to use Creekdale Road as
its primary access.
ANAL YSIS:
DME
The developer is responsible for maintaining the level of care set forth by the latest State
of Texas and City of Denton adopted National Electrical Safety Code for existing and
planned electric utilities in all developments.
Fire
The gas well drilling and production shall be carried out in compliance with the fire code.
Access shall comply with the requirements of the Denton Development Code.
Parks
Developer needs to be aware the property to the west of temporary gravel road is City of
Denton Lake Forest Park. Public activity will be taking place at the park that may require
consideration for safety and liability concerns, as there will be no fence along the park.
Transportation
Trip Generation. After construction of the well site, no significant vehicle trips will be
generated. A Traffic Impact Analysis will not be required.
Access and Connectivity
Staff has released comments for the gas well plat associated with this SUP. Staff has
requested that the applicant find an alternative truck route to their proposed gas well.
Until recently, the applicant identified Creekdale as the proposed truck route. Creekdale
is a collector street within a residential subdivision. The collector street (Creekdale)
meets the requirements for a residential collector street but fails to fully function as a
collector street due to a 90-degree bend in the road. To help maintain the residential
neighborhood atmosphere, prevent commercial traffic, and protect the structural integrity
of the residential collector street from oversized and overweight drilling equipment, staff
recommends that Ryan Road be used for ingress and egress instead of Creekdale Road.
In a letter dated October 19, 2006, the applicant has agreed to construct a north south
road from Ryan Road to the two gas well sites (Good Samaritan 1 H and O'Toole Lease
1 H; See Exhibit 8).
Water Administration
Truck access route requires payment of Road Damage Remediation Fee.
Landscaping
Per Denton Development Code 35.13. 7.2.iii, the tree preservation and
mitigation.regulations apply to gas well development. According to the tree preservation
plan submitted by the applicant 930/0 of existing tree canopy should be preserved and the
applicant proposes to save all 930/0 of the tree canopy preservation required.
Planning
The subject property is within a Neighborhood Residential 4 (NR-4) zoning district.
Therefore, a Specific Use Permit is required to obtain a gas well permit and has to meet
all the provisions of subchapter 22, Gas Well Drilling and Production. The drilling and
production of gas wells within the corporate limits of the City shall be permitted provided
that no residential structure or place of assembly, institution or school exists closer than
five hundred feet (500') from the wellhead. The closest structure from the subject well
head is about 900 -1 000 feet. There is no ESA on the subject property.
The applicant has met or shall meet all requirements within Subchapter 22 of the
Development Code that pertains to gas well drilling and production before issuance of a
permit by the Fire Department. Adequate nuisance prevention measures shall be
required. With the exception of drilling and fracing the well, no noise, odor or fumes will
be produced. Subchapter 22 of the Development Code states the required nuisance
prevention measures for gas wells.
FINDINGS OF FACT, UPON COMPLIANCE WITH ALL CONDITIONS, IF
APPLICABLE:
Section 35.6.5 of the Denton Development Code states that a Specific Use Permit shall
be issued only if all of the following conditions have been met:
1. That the specific use will be compatible with and not injurious to the use and
enjoyment of the other property nor significantly diminish or impair property values
within the immediate vicinity.
During the expected 30 year life expectancy the normal operation of the gas well
should not diminish or impair property values. However, adjacent properties will be
impacted during initial construction, which could last as long as 45 days and at
times when the well is reworked.
2. That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property.
It is unlikely that establishment of this specific use will impede the normal and
orderly development of surrounding property. The site to the site has been
preliminary platted and a final plat is currently under review.
3. The adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided.
All necessary supporting facilities shall be provided.
4. The design, location and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian traffic
without adversely affecting the general public or adjacent developments.
Staff proposes that the ingress and egress to this well site be taken from Ryan
Road by a north-south connector that is proposed to be located on the west side of
the well site.
5. That adequate nuisance prevention measures have been or will be taken to
prevent or control offensive odor, fumes, dust, noise, and vibration.
Adequate nuisance prevention measures shall be required. With the exception of
drilling and fracing the well, no noise, odor or fumes will be produced. Subchapter
22 of the Development Code states the required nuisance prevention measures
for gas wells.
6. That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties.
Proposed lighting shall not affect neighboring properties. Subchapter 22 of the
Development Code addresses the issue of directional lighting.
7. That there is sufficient landscaping and screening to ensure harmony and
compatibility with adjacent property.
Use of landscaping as a screen may be a condition on the specific use permit, as
the adjoining property is zoned for single-family development. Another option could
include painting storage tanks neutral colors to blend in with the area.
Section 35.6.6 allows the approval authority to recommend additional conditions on the
proposal to protect the public and the welfare of the community.
EXHIBIT - 2
LOCATION & ZONING MAP
FUTURE LAND USE MAP
EXHIBIT - 3
NOTIFICATION MAP
Scale: None
Public Notification Date October 12, 2002
200' Legal Notices* sent via Certified Mail:
Number of responses to 200' Legal Notice
· In Opposition: 0
· In Favor: 1
· Neutral: 0
2
o
Percent of land within 200' in opposition: 0%
*A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX
EXHIBIT - 4
SITE PHOTOGRAPHS
EXHIBIT - 5
LETTER OF INTENT
ENnEA VOR ENERGY RESOURCES
110 N, Marienfeld, Suite 200
Midland.. Texas 79701
(432) 687-1575
February 20~ 2006
Planning and Development Department
Development Review Committee
City of Denton
City Hall West
221. N& Elm Street
Denton, Texas 76201
RE: Application for Specific Use Permit
Endeavor Energy Resources
30 Acre Tract on Ryan Rd, West of Teasley Ln. (R38122)
City of Denton, Texas
Dear DRC Members,
Endeavor Energy Resources ("Endeavor") hereby respectfully submits this Application for a
Specific Use Permit on the above referenced parcel (O'Toole Lease). The well site is proposed for
the southwest comer of 1he 30 acre tract as shown on the attached documents. The property is
currently Zoned NR-4 therefore this application for a Spc:cific Use Permit is being submitted
concurrently with the Ga$ Well Development Plat submitted under a separate cover. .
Please do not hesitate to contact meat the letterhead address and/or call me on my cell phone at
432.559.0005 ifl may be of assistance"
Sincerely"
. NGG Gathering Company~ L..L.C.
1JO
David Cotner
Consultant! AlP
EXHIBIT 6
Gas Well Plat
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.f
SepteJDbcr 21t 2Q06
City crDenlml
Plaaninc 8D&I DeveIoImem
CityHaD West
221 N. Ebn
DeI1Io8, TCXIS 76201
Attmdion: Ms. Kelly Cupenter
.. I ___ - ._ . .. ...... I ... --~
Re: PIopo8Id Gal WeD ~ by Endeavor EPergy R.c:sourGeI. LP
LIle FOIftt Area. Dalton CotJn1)'. TUII.
Dear Ms. C1UpenIert
Please be advised 1hat Holipn L8Dd DevelopDeDl sappottI and hereby waiYCI any objectioDs to
E1vJeevor EnerIY ReIourees, LP IS ~Eadeavor") ~DdS for pi well devc10pmmt md.
spcdaI UIe pem1i.ts OIl the fo11owins 1rICII: 1) TI8et 4 of Called 84.197 acres Ibe BY LuIbenm.
Oood iamaritaIl tiiky of Sioux Falls, South Dakota. Vot 1623, P ~SB (OWPCJ6-000S .at S06-
0002. 000c1 SamariIaD N~ I-H)~ 2) 22.9:57 acres out oI1hc Eli Pickett Survey, AbICrIellOIB
(GWP06-0004 & 806-0001, O'Toole No. I-H) BrI\ 3) Called 80 acre Yr. 18 JustiD IDduBIries.IPc.
to Acme Briek Co. Val 3127. P to 930 (GWP06.ooo3. ActdE No.1-II), III in Denlo8 Cowlty~
Texa
OUr support and waiver or objections is bJh_ _ upDD EDdeawr's well-bole
smflce peaemrtioos on the O"lToole locaIion bebla 10CII8d a miDimam of....,.1nmdrcd mJ 8fty
feel (1509) :fmm the eastern bounctIIy or die -pamaDeII.t 300'x 300. square drill she to be located
adjKcnt to the pro)M!ty Does mille. southwest comer of~ O!ToohII ttact.~
Th81Ik )'OIl for )IOIlf kiDd consideratioa m 'tbis maner, and pleue do DOt hesitate 10 contacI UI if
WI may be of asisbm.co..
SinceRIy Yours.
Cc: Endeavor BDeqy haolllCCS, L.P
I S9SO Dallas Parkway, Suite 7so,. Dallas. TIC 75141
Office 972.387.7999 Fax. 972.387~ 1685
r~-25-n~r~;~~1 Fr,r
EXHIBIT 8
Letter from Applicant
ENDFAVOR.ENERGY_ LP.
110 NJ ~~ SaifI!:]OO
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4J]S1.1S15
Odoher 19J12006
Cmd: Bm.s.Iifl
Cilyof~
Pbmoiog~
203 N_ Em sa.
~ TeKaB 16201
Re: S.U.P S1aff'lbpIrt MEeIin& O"JT~ (S06-(IlO1) .... Good. s,s...,.... ~.. (S06-OOO2).
~
F~ tbmk yco fa- ~Ilg 'tile IIIIdiDg ~ 10 that ~ amkI discuss ~ issues 'ID 12
~ ~ ~ af"'tIIe BlaII apart:rr. b Spr.ciaI Use PemJit (S-U.P_) hrmiogB 1181
WednesdIIy:l Odober n in fiuaI: af"the ~.... ~ (;nnnnim,. COD~in~ Ibr: above
~ pujeds.. It is ~ 1hIII Ms. KrJI:y CmpeaIa' WiIB ~ to.dz:od.; I :&:el we
JIIisBed. m ~P-IIIf: qJpOrtmIity to R5Dlve imd:DIIJW: :b1nnI CIIl ~ ~ iqaliIal issues.. We
~ ~ 1baokfuI fI:gt MI". Dwid Speir.brr acd Mr. Quiotan Hix weD!! JIIIe 'ID pmK:ip*.
While 1he Ilatr:d. pmpose oflbr: ~ W1IS to d:iscu.u d. pc*:oIiIl issm5 ~ h S.U.P.
~ h ~ CYTonle imd Good s...ritan 1JIIidI ~ . I ....l:...abu.t ~ the only ~ raised
by JDU Ii tI:Ie DEetin& is hi ~ W1IIds it well baWD. that it doEs DOt aa:ll\lin Del suppod ar
~KaSSvia~_r.oIledorJlCnBdde~h~~s
~ driB siteL ADd 1IW p-nni~ h EIIdeKvor to pnr.tm wiIb. ~ ~ ACME 1JIIidI
.. witb.1br: ptiiI: _ thd: City IppIUViIl ofGWP06-O(I)fi WiIS nm*d .post
Pbmoiog"Js ~ BiIK:e it I:mIIKItbe ~by ~
As yao ~ UDdt.dbbdy ~ Hadmva-lms WOIbd fir JD:BJIbs with. aD. 'tile ~ bod CIWIIerB
iIIId. 'tile City m.~to fiDd. mrti~ soluticn to ~~ StRct:rr.~~.
ADd whi.Ir: sewoI ~~ br811tudir:d. muI~~ ~ m:oaiDBtI:Ie anIy 'limE
aa:eBB to Ibr: ~ Bri::i: tad:.m 'Ibis time.
Yal mo sbIted.1he DetiDg 1bat we l\Iin Del be DDtifiecl of my atba" IissueI 01" sbdI"s positian an
Ibr: ...uer mdi.I ~ Ibdf'RpOd is 1:OIIIpleted.... ~ CD Fricky_ Hued on 1he ~ MHI in
~ to nm sbdr's suppod firtl:le two DI~r:: CYToaIe aa:l Good SmIaritm ~ I
aI&nd.... ~by c.onfimI a.t: 1):EDdeDrar is "M"1Iinr to nwldition ~1~ af"'tIIe O~
iIIId. Good SmmIitIo. WEll sites on the ICCeSS ~ soWy fiom 'tile rnfh. aff af"RJan Road mong ill
~ aD. ~ II2rW:e mad to be ~ ~toCity HlmdmIs....2) Should.
bDlh.lbr: SUPs be approVBl Eadmvm wJlI iosbIn imd ~ uu..r ~ JEW ~ IOIId fiom. RJan
Road.lS ~ BIXZSI 'ID 'tile &me WEll site as MOl iIII ~
It lms heel the iIdndia:1 oflbr: ~ to pmoe ~ KX:2SS :fimJI Rym Rc.l BiIK:e b
12~ In fad... Ibdf~ 011( ~~ KX:2SS :fimJIRym:RoHlbe rmKJVed
from Ibr: Gal WeII_ PIat.lS .. f"ftIIditian of IppIUViIl far the s..U.P. ~~ to DKNe
:bwml 'ID PlmmiDg imd~ U~ at this ~ 1brft ~IID oIhrri1lfJlKtWEd
aa:eBB to Ibr: ACME IDdheithft" ~ nrminmd ~mher't1.n~....
10119106
Page 2
Endeavor DIUSt maw .&.. w.d with 1he use of Creekdale IIIIIi1 such time as ID .1........ route CII1 be
eshIbIisbeI1 Lease drilIiag obligations require that we IIIDSt cnrr-neace operatioas for mioeral
~lopmmd; IIIIW orbe 1ast, ~11~ in iImparabIe Imno and ec:oomnU:: loss..
EndeBvorremaias rnmmitted 10 iiDdiDg BIl aItemative to the use ofCreetdaIe~ but several issues
beyoDd appliClm~s coaIro1. haw ~ such to elite. Our primary coacem is tree preservation
since the oil md pi Imsm mmmt1y equire the location of a servU:e mad oW ofR)'3Il Road to be
10caIed a10ag the property Iiae aDd ID 014 wagon nil Chat is summa.ded. by tDIIIII!rCUS large (30~
ctia +) trees. EiuIe8wr's IIfIili-. MOO rdthHir-e Compm.y~ just comple1ecllayiDg a pipeliae
1brougb'lbis &reI IIIId toot gre&t care at mum ezpease to preserve these Irees.. Eodeavor is
l'nmInitted to 1be preservatioD oftRes in the City aod his a hard time sopportiDg lIlY requiremem
that mvc1:ws the drstruction of SID :IIIBf :Iarp Res and He C2DDpJ. ~ City~1 cDrRDI:pmp0se4
reIocati.oD. of a CODDSdor street from. R.yan Road. to Creekdale aIaag this same wagon trail is ODe
such ~~. ADd complications caused by tile cmtQhndHtg :issues associated with the City~s.
pmposed reI.oCRti.mI. oftbe narth-mulb. collector:. one whim. mmy 1..exingfDnP_ ~IID:
,..1.MnNdIy DppDItKl to~ has bimI!mI mal de1ayed. E1IdmvorI abilily to establish a mib.b1e
aJIemate access. The issues IU.!IOOIldio.g this sobject deal with md:ipJe _ and multiple
lamI use c_ It has beea beyoad the purview ofEmleavor EIBgy to resolve aD of1bese
:issues. to date aad tnirurnll ~ IIIIISt cftIIUIINWI,. DDW.
Also1 please mca11 dial accas 6DII1111e soudI via ACME Ikidt~B historic driveway :Iiom HictoIy
S1Het to 'IDe Acme~s 80 am! bad; has been 'VidoIOy ~1iminsted as a viable access mute doe to the
City~B IJIPfO'V8l of seven1. resideIJtiaJ lob beiDg re-platted over ACME Brick~s long held_
~""1aad ami by the eIlCfOI~""""" of City utility devel.opmeat ill that SIIIIe 1aad with DO
b1.owu. eaDftUl!llt
I bope this will help clear up my 1IIII'eI01ved qaest:ioDs as to our positioa. ill these 1DItten. We 1Vil1
be Ja:ft 1bao happy to discuss any ofChe issues with you or aIbers if it will help facilitate 1be
l'ft1minafiOD oilDID.)' hoan of efbt by 1lUlUa.0IIS city ami private pmfi-u.itvl." to rmch .1IJPtvaIIy
~ solution.
Ia lipt of the above staled ~ aad the I11IIDE!:I'DUS local ftti~. am! ~~ iBclndinB City
Parts ami the Good Sam8li1aD, Chat will beae&t &om Endeavors developmeId of1bese ~ we
toot forward 10 sbdrs support 8Dd fiIvonble RCOmlllN-1atioa.for the O-=-Toale aad. Good.
~stJPL
SiDceftly youn.
ENDEA VOIl ENERGY RESOURCES. LP.
oJ
David CoIo!r. AtIomey ill Fact
Page 25 Page 27
1 COMMISSIONER STRANGE: The next item is Item 1 well site, although they do not lie within the 200 or 500
2 5C, which is a Specific Use Pennit for a gas well drilling 2 feet of the subject property.
3 and production site. Mrs. Chewle. 3 Stafr recommendation based on the findings
4 MS. CHEWLE: Thank you. The applicant for 4 and the criteria for approving an SUP~ staff recommends
5 this Specific Use Permit is Endeavor Energy Resources 5 approval of this SUP with the following conditions, the
6 from Midland, Texas ~ They have submitted for a request 6 ingress and egress of the well site is from Ryan Road
7 for a Specific Use Pennit in gas well drilling and 7 instead of the residential collector, Creekdale. Staff is
8 production on three acres located at the southwest -- I'm 8 proposing that they take an access from here instead of
9 sorry -- the -. this is the entire site here and this is 9 using Creekdale and coming up north. And the other
10 the well site which is three acres. And the entire site 10 condition is a blockade style fence will be constructed on
11 is 22 acres. 11 steel posts around the gas well site to create a visibly
12 100 site is located to the south side of 12 appealing screen. That's it. Do you have any questions?
13 Ryan Road and approximately 1,500 feet from Teasley Lane 13 COMMISSIONER STRANGE: Any questions of
14 and is zoned Neighborho<Xl Residentia14 Zoning District. 14 staff{ Mr. Watkins.
15 The property surrounding to the north are zoned 15 COMMISSIONER WATKINS: Thank you, Mr.
16 Neighborhood Residentia12. To the south are zoned 16 Chairman. I asswne that the person requesting this
17 Neighborhood Residential 2. To the east are zoned 17 doesn't mind entering off of Ryan Road?
18 Neighborhood Residential 4 and to the west are 18 MS. CHEWLE: well, staff had a meeting with
19 Neighborhood Residential 6. 19 the applicant after the whole packet was prepared, and I
20 The Denton Development Code pennits gas 20 think they are fine with using Ryan Road as their ingress
21 wells in the NR-4 zoning districts subject to the approval 21 and egress.
22 of Specific Use Pennit and with the limitation that it 22 COMMISSIONER WATKINS: It would be a much
23 must comply with the provisions of Subchapter 22 of the 23 better way in and out. They'd have to build a road up
24 Denton Development Code. The drilling and production of 24 there, but still by the same token, they wouldn't be
25 gas wells within the corporate limits of the City t shall 25 beating up neighborhood streets.
Page 26 Page 28
1 be permitted provided that no residential structures or 1 MS. CHEWLE: Right
2 place of assembly, institution or schools exist closer 2 COMMISSIONER WATKINS: Thank you.
3 than 500 feet from the well head. The closest structure 3 COMMISSIONER STRANGE: Any other questions
4 from the subject well head is a bout 900 to 1,000 feet. 4 of staff? Thank you very much~
5 There is no ESA on the subject property. 5 This is a public hearing. Wern now open
6 The applicant has two more gas wells, gas 6 the public hearing. Is the applicant here and do they
7 well properties in the vicinity. I'm going to go to -... 7 wish to speak?
8 this -- this is the O'Toole that we are talking about 8 MR. COLEMAN: Good evening, Commissioners ~
9 right now. There is another one that is proposed here and 9 My name is Bill Coleman. I'm with Coleman and Associates
10 that is the third one that is proposed to the south. All 10 Land Surveying in Denton, Texas at 300 North Elm Street.
11 of these three gas well developments are proposing access 11 And I am representing the applicant, Endeavor Energy
12 from Creekdale Road which is this road to Lexington Park 12 Resources in this matter. The staff presentation pretty
13 Subdivison~ 13 much covered the entire issue. I will point out that in
14 Ordinance that approved the Denton 14 your backup is a letter dated October the 19th from
15 Development Code in 2002 placed the subject property in - 15 Endeavor Energy Resources~ It was addressed to Chuck
16 in Neighborhood Residential 4 Zoning District~ Prior to 16 Russell in reference to the ACME well site but it does; in
17 the adoption of this Code, the property was zoned one 17 fact. state that Endeavor will condition the Good
18 family dwelling district SF. 7 t which does not -- did not 18 SamaritalO'Toole well sites on an access road from Ryan.
19 pennit gas well drilling and production~ 19 Okay. And we've been in negotiations this week with staff
20 Public notification and property owner 20 and several other people to get this alternate access road
21 notices were sent to tw'Q property owners within the 200 21 in place because we don't want to use Creekdale either.
22 feet. Staff has received one written notice in favor of 22 So since the staff report was prepared, we have furthered
23 the requestA Staff also received an opposition from 23 these negotiations and the petitioner is willing to
24 property owners within the Lexington Park Subdivion who 24 concede to the fact that access will be by Ryan Road for
25 were concerned about the Creekdale as their access for the 25 this well site.
Condenselt 1M
PLANNING & ZONING REGULAR SESSION, OCTOBER 25, 2006
Page 25 - Page 28
Page 29 Page 3 1
1 If you have any other questions I'll be 1
2 available. The applicant is actually here himself so if 2
3 you have any questions, weIll be glad to answer them. 3
4 Otherwise, we look fonvard to your approvaL 4
5 COMMISSIONER STRANGE: Any questions of the 5
6 applicant? Okay. We have no other cards. 6
7 MS. CARPENTER: I have no other cards. 7
8 COMMISSIONER STRANGE: okay. We have no 8
9 cards on this, therefore, we will close the public 9
10 hearing. Do we have a motion on Item No. 5C? 10
11 COMMISSIONER THOMAS: So moved. 11
12 COMMISSIONER STRANGE: we have a motion by 12
13 Mr. Thomas. Do we have a second? 13
14 COMMISSIONER EAGLETON: second. 14
15 COMMISSIONER STRANGE~ second by Mr. 15
16 Eagleton. Any discussion? Please, vote. Mr. Eagleton 16
17 and Ms. Anderson, yours did not register. There we go. 17
18 And the vote passes 7-0. 18
19 MS. CARPENTER: Mr. Chainnan, could I ask a 19
20 question? I'm assuming that the maker of the motion was 20
21 including the staff recommendations in the motion; is that 21
22 accurate? 22
23 COMMISSIONER THOMAS: concerning the road 23
24 access? 24
25 MS~ CARPENTER: Yes, sir. 25
Page 30 Page 32
1 COMMISSIONER TIIOMAS: Yes. That is 1
2 correct 2
3 COMMISSIONER STRANGE~ And the fence? 3
4 COMMISSIONER 1HOMAS~ Yes. Thank you for 4
5 the clarification. 5
6 6
7 7
8 8
9 9
10 10
11 11
12 12
13 13
14 14
15 15
16 16
17 17
18 18
19 19
20 20
21 21
22 22
23 23
24 24
25 25
Con den selt 1M
PLANNING & ZONING REGULAR SESSION, OCTOBER 25, 2006
Page 29 - Page 32
S:\OUf Doc u men ts \0 rd in ance s\O 6\S 0 6..Q 00 1 Ordinance.doc
EXHIBIT - 10
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXIMATELY 22 ACRES OF LAND
GENERALLY LOCATED WEST OF HICKORY CREEK HEIGHTS SUBDIVISION, AND
SOUTH OF RYAN ROAD, LEGALLY DESCRIBED AS TRACT 4, OF THE E~ PICKETT
SURVEY, ABSTRACT NUMBER 1018, IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; WITHIN A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,OOO~OO FOR VIOLATIONS THEREOF, A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE~ (806-0001)
WHEREAS, Endeavor Energy Resources. LP, has applied for a specific use permit for a gas
well development within a Neighborhood Residential 4 (NR-4) zoning district classification and use
designation on approximately 22 acres of land generally located west of Hickory Creek Heights
Subdivision, and south of Ryan Road, as more particularly described in Exhibit "A' attached hereto and
made a part hereof by reference (the "Propertyn); and
WHEREAS, on October 25,2006, the Planning and Zoning Commission recommended
approval of a Specific Use Permit for a gas well development; and
WHEREAS, the City Council finds that the Specific Use Permit is consistent with The
Denton Plan; and
WHEREAS, in accordance with Subchapter 6 of the Development Code of the City of
Denton, Texas, the City Council finds that all of the following conditions exist:
The gas well development will be compatible with and not injurious to the use and
enjoyment of other property nor significantly diminish or impair property values within
the immediate vicinity; and
The establishment of the gas well development will not impede the normal and orderly
development and improvement of surrounding property; and
Adequate utilities, access roads, drainage, and other necessary supporting facilities have
been or will be provided; and ;
The design, location, and arrangement of all driveways and parking spaces provides for
the safe and convenient movement of vehicular and pedestrian traffic without adversely
affecting the general public or adjacent developments; and
Adequate nuisance prevention measures have been or will be taken to prevent or control
offensive odor, fumes, dust, noise, and vibration; and
Directional lighting will be provided so as not to disturb or adversely affect neighboring
properties; and
There is sufficient landscaping and screening to ensure harmony and compatibility with
adjacent property; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein.
SECTION 2. A specific use permit to allow a gas well development within a
Neighborhood Residential 6 (NR-6) zoning district classification and use designation on the
property is hereby approved, subject to the following conditions:
1. The ingress and egress to the well site is from Ryan Road instead of the residential
collector Creekdale Road.
2. The gas well operator shall completely screen the gas well site with a stockade style
fence, constructed on steel posts to create a visually appealing buffer, prior to drilling
or construction of drilling facilities.
3. Development and operation of the gas well development shall be in accordance with
the site plan on file in the City Planning Department, a copy of which is attached
hereto and made a part hereof as Exhibit "B".
SECTION 3. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the _ day of
, 2006.
PERRY MCNEILL, MAYOR
PAGE 2
s: \Our Documents\Ord inances\06\S06-000 1 Ordinance.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDERrCI TORNEY
...~,_....,~----
PAGE 3
EXHillIT A
LEGAL DESCRIPTION
Being a tract of land lying and situated in the Eli Pickett survey, Abstract No.1 018, Denton County,
Texas and being part of a called 117.5 acre tract of land described in a deed to Grover C. Stuart, et
ux, as recorded in Volume 225, Page 528, Deed Records, Denton County, Texas, and being the same
tract of land described in a deed to Johnny uy, et a)., as recorded in Volume 1531, Page 237 Real
Property Records, Denton County, Texas, and being more particularly described as follows:
Beginning at a P.K. nail set for corner in a Asphalt Road known locally as Ryan Road at the
Northwest comer of said 117.5 acre tract;
Thence, North 89 degrees 57 minutes 30 seconds East, along the North line of said 117.5 acre tract
passing at 23.78 feet an iron rod found for reference at the most Westerly Southwest corner of a tract
of land described in a deed to Lake Wood West Joint Venture as recorded in Volume 2741, Page
887, Real Property Records, Denton county, Texas, in all a distance of 726.65 feet to a P .K. nail set
for comer at an interior ell. corner of said Lakewood West Joint Venture tract;
Thence, South 00 degrees 16 minutes 36 seconds East, along the most Southerly West line of said
Lakewood West Joint Venture tract, a distance of 435.60 feet to a 1/2" iron rod found for comer at
the most Southerly
Southwest comer of said tract;
Thence, North 89 degrees 41 minutes 56 seconds East along the South line of said Lakewood West
Joint Venture tract, a distance of299.87 feet to a capped iron rod found foreamer in the West line of
a tract of land described in a deed to Golden Triangle Joint Venture of Dallas County, Texas as
recorded in Volume 2440, Page 94, Real Property Records, Denton County, Texas;
Thence, South 00 degrees 06 minutes 06 seconds East, along said West line, a distance of 664.23 feet
to a 5/8" iron rod found for comer at the Southwest comer of said Golden Triangle tract in the North
line of a tract of land described in a Deed to Richard O. Stewart, et ux, in Volume 764, Page 553,
Deed Records, Denton County, Texas;
Thence, South 89 degrees 52 minutes 11 seconds West, along the North line of said Stewart tract, a
distance of1,029.39 feet to a 1/2" iron rod found foreamer in the West line ofaforementioned 117..5
acre tract at the Northwest comer of said Stewart tract;
Thence, North 00 degrees 01 minute 17 seconds West, along the West line of said 117.5 acre tract, a
distance of 1,100.06 feet to a Point of Beginning and containing 22.957 acres of land more or less.
PAGE 4
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AGENDA INFORMATION SHEET
AGENDA DATE:
December 12, 2006
DEP ARTMENT:
Planning and ~evelopment ..
Howard Martin, 349-8232. ..
ACM:
SUBJECT - S06-0002 (Good Samaritan No. 1H)
Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit
(SUP) for gas well drilling and production. The 4.245-acre site is located within a Neighborhood
Residential 6 (NR-6) zoning district. The property is located on the south side of Ryan Road
approximately 2,350 feet west of Teasley Lane. The Planning and Zoning Commission
recommends approval (7-0).
BACKGROUND
Applicant: Endeavor Energy Resources, LP
Midland, TX
This Specific Use Permit to allow gas well drilling and production within a Neighborhood
Residential 6 (NR-6) zoning district was submitted in conjunction with a gas well plat (GWP06-
0005, Good Samaritan IH; See Exhibit 6). The Denton Development Code allows gas well
drilling and production in the NR-6 zoning district only with approval of a Specific Use Permit
and with the limitation that it must comply with the provisions of Subchapter 22, Gas Well
Drilling and Production. All staff comments have been released concerning the Gas Well Plat
document. No permits will be issued without the approval of the SUP.
Public notification information is provided in Exhibit 3. As of this writing, staff has not received
responses from property owners within 200 feet of the subject site. Two letters of support have
been received from the owners of the future Forest Meadow Subdivision and from the owners of
the Lexington Park Subdivision (See Exhibit 4).
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
No prior action/review.
OPTIONS
1. Approve as submitted.
2. Approve subject to additional conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the Specific Use Permit with the
condition that the ingress and egress to the well site be from Ryan Road instead of the residential
collector Creekdale Road.
EXHIBITS
1. Staff Analysis
2. Maps
3. Public Notification Information
4. Letters of Support
5. Site Photograph
6. Site Plan/Gas Well Plat
7. Gas Well Sites in Vicinity
8. Letter from Applicant Regarding Access
9. Planning and Zoning Commission Minutes
10. Ordinance
Prepared by:
......JrI .
~8..
Lori Shelton
Planner II
Respectfully sub,~itted:
Brian Lockley, AICP
Interim Director of Planning and Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANAL YSIS
CASE NO: S06-0002
LOCA TION:
APPLICANT:
OWNER:
REQUEST:
STAFF
RECOMMENDA TION:
ZONING DISTRICT:
COMPREHENSIVE
PLAN DESIGNA TION:
SITE AND
SURROUNDINGS:
North:
DATE TO BE CONSIDERED: December 12,2006
The property is located on the south side of Ryan Road
approximately 2,350 feet west of Teasley Lane.
Endeavor Energy Resources, LP
11 0 N Marienfield Ste 200
Midland, TX
Ryan Road JV
1900 Cedar Springs
Dallas, TX
Specific Use Permit for gas well drilling and production
RECOMMENDA TION: Staff recommends approval of the
Specific Use Permit with the condition that the ingress and
egress to the well site be from Ryan Road.
Neighborhood Residential 6 (NR-6)
The subject site is located within the "Neighborhood
Centers" future land use area. These areas may develop
in conventional patterns or may be developed in a pattern of
'neighborhood centers'. Neighborhood centers are oriented
inwardly, focusing on the center of the neighborhood and
containing facilities vital to the day-to-day activity of the
neighborhood. A neighborhood center might contain a
convenience store, small restaurant, personal service
shops, church or synagogue, daycare, individual office
space, a small park and perhaps an elementary school.
The proposed gas well drilling and production is not
consistent with the "Neighborhood Centers" future land use
goals as briefly described above. However, with appropriate
conditions placed on the gas well development, the gas well
development will not detract from the development of a
Neighborhood Center in this area.
The property is currently undeveloped.
Neighborhood Residential 6 (NR-6) - Undeveloped residential
zoning
South:
East:
Neighborhood Residential 2 (NR-2) - Undeveloped residential
zoning
Neighborhood Residential 6 (NR-6) - Undeveloped residential
zoning
Neighborhood Residential 6 (NR-6) and Neighborhood
Residential 4 (NR-4) - Undeveloped residential zoning and
developed residential, Lexington Park.
West:
BACKGROUND INFORMA TION:
The following section of the Denton Development Code provides for the SUP process for
Gas Well Drilling and Production:
35.22.4 Gas Well Drilling and Production by Specific Use Permit or Planned
Development Zoning District; Application and Requirements.
A. No person, acting for himself or acting as an agent, employee, independent contractor,
or servant for any person, shall engage in drilling or production of a gas well within the
corporate limits of the City without first obtaining either a Specific Use Permit as required
by this Subchapter or unless permitted within a Planned Development Zoning District
unless drilling is permitted by right pursuant to Section 35.22.3. A Specific Use Permit
shall be required to vary the standards under Subsection 35.22.5.
B. An application for a Specific Use Permit or Planned Development Zoning District for the
drilling and production of a gas well shall be filed by the person having legal authority.
That person is presumed to be the record owner, mineral owner, or the duly authorized
agent of either the record owner or the mineral owner. The Chairman of the
Development Review Committee (DRC) may require an applicant to submit information
of authority to file an application.
C. The Chairman of the DRC has the authority to establish requirements for applications in
the Application Criteria Manual. No application shall be accepted for filing until it is
complete and the fee established by the City Council of the City of Denton has been
paid. Incomplete applications shall be returned less a fee for processing determined by
the Director of Planning and Development.
D. No application for a Gas Well Development Plat, Gas Well Permit, Watershed Protection
Permit or any other application for drilling and production of gas within the city limits
shall be approved outright or conditionally until a Specific Use Permit or Planned
Development District authorizing such use first has been approved. Denial or conditional
approval of a Specific Use Permit or Planned Development District for gas well drilling
and production shall be grounds for denial or conditional approval of any other permit
application pertaining to such use for the same land.
The applicant, Endeavor Energy Resources, LP, has two other gas wells in the vicinity of
the proposed Good Samaritan 1 H site (See Exhibit 6). The Acme 1 H gas well site is located
in a Neighborhood Residential 2 (NR-2) zoning district where gas well drilling and
production is permitted by right. The gas well plat was approved with Creekdale Road as
the primary access for this gas well site. The O'Toole Lease 1 H (SUP06-0001) is pending
approval of an SUP for gas well drilling and production.
4
ANAL YSIS:
DME
The developer is responsible for maintaining the level of care set forth by the latest State of
Texas and City of Denton adopted National Electrical Safety Code regarding electric
uti I ities.
Fire
No Comments
Parks
General Information: The City of Denton Parks Department is developing a Community
Park adjacent to the west of this gas well site. No fencing is planned along the park. Since
the general public will be in this area, the developer may wish to consider security and
safety items in drilling operations. For more information, contact Bob Tickner at Parks, 940-
349-8275.
Engineering
No Comments
Landscaping
Submit a Tree Survey. I have included a Tree Survey and Preservation Plan Checklist
under "Attachments" in TraklT. We will discuss the tree requirements in a meeting with
staff and applicants. Your project manager will set up this meeting.
Applicant submitted aerial photo showing existing trees within gas well development site.
Applicant states 760/0 of the existing tree canopy on site will be preserved. This meets the
minimum tree preservation requirements.
Access and Connectivity
Truck access through a residential neighborhood is not compatible with the existing land
use of residential neighborhood and would diminish the enjoyment of the property. Truck
traffic through the residential area would inhibit safe and convenient vehicular and
pedestrian traffic. Finally, if the two pending SUPs are granted without the requirement to
access the sites via Ryan Road, there would be three gas wells accessed by Creekdale.
The total truck traffic to serve all three gas well sites would produce a significant amount of
nuisance in the form of noise, odor and fumes well after the initial construction period
Planning
All staff comments have been addressed regarding the associated gas well plat application
(GWP06-0005). Therefore the gas well plat document submitted meets the minimum
standards for gas well drilling and production in Denton.
The applicant will meet all requirements of the Denton Development Code prior to issuance
of a building permit by the Fire Department. Adequate nuisance prevention measures
shall be required. With the exception of drilling and fracing the well, no noise, odor or fumes
will be produced. Subchapter 22 of the Development Code states the required nuisance
prevention measures for gas wells.
5
FINDINGS OF FACT, UPON COMPLIANCE WITH ALL CONDITIONS, IF APPLICABLE:
Before approval of an application for a Specific Use Permit, the City Council shall find:
1. That the specific use will be compatible with and not injurious to the use and enjoyment
of other property nor significantly diminish or impair property values within the immediate
vicin ity;
If the SUP is approved with the requirement that the gas well site be accessed via Ryan
Road, the proposed SUP would not be injurious to the neighborhood.
2. That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property;
The establishment of the gas wells would not significantly impede the normal and
orderly development of the surrounding vacant land.
3. That adequate utilities, access roads, drainage and other necessary supporting facilities
have been or will be provided;
The proposed ingress and egress from Ryan Road will provide adequate access to the
site. Other supporting facilities such as water supply have been approved through the
gas well platting process.
4. The design, location and arrangement of all driveways and parking spaces provides for
the safe and convenient movement of vehicular and pedestrian traffic without adversely
affecting the general public or adjacent developments;
The proposed ingress and egress from Ryan Road will protect the safe and convenient
movement of vehicular and pedestrian traffic in the surrounding neighborhoods.
5. That adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise and vibration;
The majority of the offensive odor, fumes, dust, noise and vibration would be created by
the ongoing large truck traffic. The proposed access route from Ryan Road minimizes
these nuisances.
6. That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties; and
Lighting will be minimal and downcast on the site.
7. That there is sufficient landscaping and screening to ensure harmony and compatibility
with adjacent property.
The proposed gas well will meet all landscaping and tree preservation regulations under
Subchapters 13 in the Denton Development Code. The applicant proposes to preserve
6
76% of the existing tree canopy on the site.
7
EXHIBIT 2
Maps
LOCATION AND ZONING MAP
8
NORTH
AERIAL MAP
9
EXHIBIT 3
Public Notification Information
Newspaper Notification Date: October 15, 2006
Percent of land within 200' in opposition: 00/0
200' Legal Notices sent via Certified Mail: 3
500' Courtesy Notices sent via 1 st Class Mail: 7
. In Favor: 0
. Opposed: 0
. Neutral: 0
10
EXHIBIT 4
Letters of Support
, 25 08 03131p "ERDCO/VA"CG/CDTHER 432-113-".'
191'W2115 t5~'" iIT2I517712 t5HIGt IOQi. tOO
pll
PtIiF' tvl3
Ala'- .... R.lUll_ LLC.
ISlSt DI1Ia......,. Sua tOO
~ Tau 15001
s.p.dJIr 20, 2006
CiQf or DcaIoft
,..... ... ~...~....
CilrM W.
221 Nt RIm
DmIII, 1_76201
AIaIbcIIt lis.. x.II)' CIrJII*r
b ...... 0. Wtll ~"f~" w......,....... L.P
Yb..... Ala. 0.... OMIJ. Tela
0. Ms. CIrPMIr:r~
,.....1IIVIIc:d .. AIIIaI tbIII~lJ, LLC. ...,... lid kab)' WIiva ..,
~ to.... EMIlY IeIoIfaI., U' I. ~.,.,...... PI wd
4c. If.," .M....... -......_.......... ~ J) TrIa 40lCIJlldltm ICICI
"" IV ....... Gold ........... Saeie9 of" '- SoMb DIhtI. Vol \G3. '.51
- a. S06-GOOJ. Good..... Not 1~ 2) 22.957 _- of" &Ii ftrbtt
s.n.,. AINtrMt lOll (~ A S06<<NJI~ fYf... ND.I-H) .. 3) CeIW 10... Tr..
181'" w.an..1K. . Acme Bddc. ~ Vol. 3' 21, ,. 910 (GWP06-OOOJ. ACMI No. t..1I),
.... Dnaa CoMrJ, TIIII.
(Iw..."",,, of~....11 ~.. 8nIIe&Yor"1 Wll-lKa
..r.e~....~ IouIId a...... ot~ · ~., fifty .... (2501" tbc
.... ....., ollbe , ..,.".. Pat dcwI........ .~.4 Ccet (300') loll the
........... iIl_ .....~
"..,. for".1dDd C I' ,. ..~ ill tlUIlUIIcr. .. ..... do .. ....10 COIdKt us if
we...," oIl11iulMIL
10
~21,2006
Cil1 ofDeDton
Planning anc1 n.v.I~
City HIlI West
221 N~ Elm
Dca_ Tcxa 76201
A1teadoD: ML Wy Cmpenter
. ..........-. .r .. I 'I -.... - ..................
Re: PIopoMcI Gal Well DeYeIapmmt by EGdeavor BPersr RcsmJrCeS. L.P
Lab Fmed Area. Dentoa County, TIXIS.
DcIr Ms. Carpenter.
n... be adviIed 1hIt HoUpn LInd Development sapparts and hereby waiYCIIDY objeoliaos to
End.eIvot BIlerIY ReIo~ L.P "s ~vor"J appIicatiODS for pi wll dwelopmept aDd.
spedallIIC pamits 01l1he foIl~ Ir8Ct8: 1) Tract 4 of ClUed 14.197 acas Ibe BY LuIb!ran
Ooocl s.aribm SbCi&y of Sioux Falls. SDlIIh D8koI8. Vol. 1623, P .51 (OwN6-0005 .t 806-
0002. Gocd SBDWiIlD N~ 1.R). 2) 22.957 &areS aut of1he Eli Picbtt Surwy, Ab8tract 101 B
(OWP06-0004 A 806-0001. O"-DDIe N. I-H) end 3) Cllled 80 acre Tr. 18 Justia Industries. m
to Acme Brick Co. Vol 3127? P. 93D (GWP06.0003t ACME No. I-H), III in DImtoa County,
TCD&
Our supporalDd "ver or objections is expte8SI)' _ upDD BDdea~s well-boJe
smflce pa1~tlons 0Il1be 0'7001. locatioa bclDg locmed a mi1linIUIII. of oae-1nmdrcd md 8rty
feet (1501) limn the IIIStem boundMy or the pcriDIfteDl300'x 300'1 square driB site to be loCltod
8dj8ccDI1o die ~ liDes ia the. 8Olihwe.. comer of~ crTooIe tnct..
n.w ,00 for your kind _ in this metter, MId pleuB do ftOt heIitate . CDIdId US if
WD may be ofusiBtaocc.
Sincerely y~
Cc: Endeavor EDeraY ResourcClt L.P
159SO Dallas P8rkway~ Suite 7So..DIIIu, TX 7S248
0fIice 972.387.1999 Fax 972.387.1685
r~-1,-n~r-.::~1 rr,r
11
EXHIBIT 5
Site Photograph
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EXHIBIT 6
Site Plan/Gas Well Plat
,
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EXHIBIT 7
Gas Well Sites in Vicinity
15
EXHIBIT 8
Letter from Applicant Regarding Access
ENDEAVOR ENER.GYRESOUR~ L.P.
] 10 N U'm...AM s.iIe 200
~ Tau 797m-2236
432617.1575
October 19~ 2006
Cbuck R.u.sseII
City ofDeaton
PIaooiDg DepafImmt
203 N.. Elm 8t.
~ Texas 76201
R.e: S.U.P SdR.epc.t MeetiD& O'Toole (806-0001) aad Good Samarifm (806-0002).
~
First,. tbIat you. for ...h..dnli, ~ meetias yesaerday SiD 1118 we could disam the :issues to be
addressed. dariag pepamioa of the stiff report for the Special Use Pemlit (~U.P4) beariDp oext
Wedotsday, October 25 :ia hat oldie PIaDaiag aDd Zoaiag ~-ion ~iqg 1be above
.dc.aazd projects. R is nofurInnate that MI. Kelly c..pa*a 11'0 DDab1e to attend; I fiB we
missed. aD. ~INIt opportuDityto resolve IDdmove :fbnvard an IDIDe w:ry impartad iIsues. We
an! ~ 1bak:fol1bat:Mfr. D&vid. ~11IY- md. Mfr. QoiDIoo. Hix WI!II! able to padicipate.
VJlule die BIated plIIpD8e of1be meetiug was to discuss aU poteDtia1 issues lUIIOuadiog die s.. U.P..
applicllion fbrthe O';'Toa1e 8Il4 Good Samaritan well lilesI' II I UDdersIaod i~ the only issue I8ised
by you. at 1be meetiag, is 1bat PlIDoiog WEll it lVetl kDowo that it does DOt aod will DOl support or
~.d access via the oeigbborhood. coIIector3 Creetdale ~ for IIIJ Qf~s
proposed drill site&. ADd that permissio& for EadeIvor to proceed with driIIiag the ACME well
was with 1be pab1ic mdenhrwtH.! that City approw1 ofGWP06-0006 \VIS graated apiDst
PIaooiDg:P S desires since it C8IIIKd be p.evemed by right.
As you are UDdcubIedIy aWU'e.t Eodeavor has wmbd for IDXIIbs with all the adjaceat 1md. OWD!O
aDd.1I1e City in ~ to fiad . satisfictoty so1utioo. to usiag CreetdIle Street far driIIiag access.
And while sevemI alfltnudiws haW!: beeo. stocIied aod ~hnmbad; CaekdaIe nmaios 1be ooly viable
aa:ess to die Acme Brick tract .. 'd1is time..
Yau also silled. at die meetiIIg 1bat we wiD. aaI be DDtified of amy other issues or ...... positioIl CD
1be maaer UBtiI the stUfrepod is camp1eted aad reJeued em Friday.. Sued. oa the above md:ill
aUmIpt to pia. stEFs SIIJIJ'Od for 1be two ~IWsnAHtg O~TooIe aad Good Samaritm ~ I
o1Fered aDd hereby am:timJ. thai: I) Padeavor:is 'Mllinr 10 ooaditioa "'JIIII~ oltbe O'Toole
aDd. Good. ....1II'i1_ weD sites 1m the ..,...0 'h.inr an"'~ :fmm. the DOIth air of Ryan 'R nM .'Inn, a
~ aD weather service:road to be CODIII1ICted. acc:oJYIM, 10 CitY staDdanlllII1d ~ Sbould
both the SUPs be ~ J:nd..trnr vrill iutaD aDd. ...... 11M' the D!tW service road:&om.~
Road 81 piroacy access. 10 the Am1e weD site as 8OOD. 81 pow."bIe.
It baa been the :ioterdioo. of1be applicaoIlo pursue drilling acasa frmn Ryan Road. siIlr.e the
be~ ]a 6u:t. BlBfrmquestec:l our showiog a1temIIive ICCe88 from Ryao Road be IeIDDVed.
:iom.1be GIs Well Developmmd Plat IS a rnndifica of IJIPfDVI! :lOr the S.. U 1'.. appticatiOll to IDOVe
farwmd 10 PllDlliDlIII4~ UDfortaaaIeIy lllbiI ~ 1bere nmaUIs DO oilier approved
areea to dII! ACME tud for eiIIu!r sodace (]I" miDeraI devI!1opmmt other Ihao tnekdaI, ami
15
to/19J06
Page 2
Endeavor must m.ove bward 'With the use ofCreekdale 1IIlti1 mch time as ID a1temate route can be
established. Lease driDiDg obit gpnnn.. require 1bat we must CC)IIIIRM'ce operatioas for miaeral
~DDW orbe ~ I'8U1IiIIs in ~ hInD aDd ecaaomic loss..
Endeavor remaios oo-......:IIDJ to DDcliD.g ID altemalive to 1be use of~~ but sewn] issues
beyond appticaDtll ooaIro1 have preveatecl such to dIte~ Our primary coacem is tree preBVltioa.
since the oil aDd ftIS leases current1y require the location of a serviI:e road off ofR]I3D. RDad to be
1oc:aIed aJong the property IiDe aad aD. o1d wagoa trail1bat is BUa'OIIIIded by IlUIIBOua large (30~
dia +) Ires. &denm's dfili~.~ Noo GaIb!riag CompIoy~ just compJeBIl3yiag . P:peIiDe
dIrougb.1bis area aod took great care at m.uch ~ to paeeet we these trees. Eudeavor is
~ttecl to 1be preserwIion of.. iD the City IIId bas a bird time supportiDg lIlY reqoinmeaI
that iDvc1es 1be dcit&g;tiOll of so mmy large 1reeI mcltree CIDCJIY.. The City~1 cummI; pmpose4
reIoMion of. 0Dmfd0r sbet &om. Ryan Road to ~ along this sallie wagon trail is one
SDCb. ~1e. ADd complicati.cms caased by Ibe cmDIaDdiDg issues anociate4 with the CiIy~s
proposed reIocatioo. oftbe nmth-smdh CDlector;l cne wbiclJ. many , ~ PaIk CJ\\ID8r1's are
~Iy opposed k\ has hiademd ami deIayecI PmImvor's ability to establish a miIabIe
aBemate access. The issues BDllonading1bis subject deal wilham1tipJe IaodowDers aod IDUltipIe
Iaod. use cClDli.d!latioas.. D has been beyoad. the purview ofEadeavcr EDmgy to msotve all of1b!se
issues to date aod:miDeral delre10pmfm :DUll 1'.nmtnNIt'~ 1lOW.
~ please mcaI1 t1m access from the south via ACME. BIick~11Iistoric ckiveway from Hickary
StReItc the Acme~s SO acre tract bas been virtually ~1Mai...tPd as a viable access mule due to die
City~1 appronJ of sevenl rmdeotiallots beiDg m-pIaIIed OVK ACME Brick's long held and
rempi2'at 1md and by the encImc1Jmeat of City utility cIew:IopDent in t1Iat SIUIIe land \1Iilh DO
blown easemeat
I bcpe dUs will help clear up my 1IDI1!I01ved questioas as to our position in these matIen. We will
be more 1haa. happy to ciscU8l my oftbe issues with yon or otJ1era if it wiD help faciJitate die
~ ofmmy haun ofdOrt by mJID!I'ODS city and pri112de prn&ccinmlh 10 rmcb.1l111111DaUy
8CCepCIb1e solution.
IDlight of the above sI*d. ~diIiOll!:r .. the UIllllEilQUS IauI. citizzas IIIId mtities, ~bwling City
Pam IIId. the Good ~ that will beodt ftom. Fmftvcr's develOJDIIMd of1bese ~ we
loot fonnnI to stafrs support aad favcnble rec~fortbe O~TooIe aad Good
!Wmsritsn SUPs.
Siacemly yours,
ENDEAVOR. ENEIlGYIESO~ LP.
David ColDer. AItomey ill Fad
16
Condenselt 1M
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Page 33
COMMISSIONER STRANOE: The next item is 1
Item No. 5D, which is a Specific Use Permit for Gas Well 2
Drilling and Production south of Ryan Road, 2350 feet YlCSt 3
of Teasley Lane. Ms. Shelton. 4
MS. SHELTON: GOOd tvmmg. This Specific S
Use Permit application to allow gas well drilling and 6
production within a Neighborhood Rcsidcntial6 Zoning 7
District was submitted in conjunction with a gas well 8
plat. The Denton Development Cede allows gas weD plats 9
in the NR-6 zoning district only with the approval of a 10
Specific Use Permit and with the limitation that it must J. ]
comply with the provisions of Subchapter 22 which is the 12
gas 'Well drilling and production chapter. 13
All staff comments have been released 14
concerning the gas weD plat document and no pamits will 15
be issued for the gas well without the approval of the 16
SUP. This, again, shows the location of the proposed gas 17
well. To the south is the NR-2 zoning district which is 18
undeveloped. NR.6 which surrounds the site. I believe: 19
that is undcvelopa:l and thc:n to the west is the City's new 20
dog park. And lx:re's an aerial very similar to what you 2 J
just saw that kind of shows the proximity of the future 22
Forest Meadows Residential Subdivision, I...c:<ington Park, 23
which, of course, is an existing subdivision. And Ryan 24
Road there to the north. 2S
Page 34
This is the gas well plat that was 1
submitted as part or the process and was - all comments 2
released as of this time. Hm:'s the notification map. 3
As of today, staff bas received no responses from property 4
owners within 200 feet of the subject site. Two letters S
of support from owners of1he fun.ue Forest Meadow 6
Subdivision and from the O'NIlCfS of Lexington... the 7
Lexington Park Subctivison were included in your backup 8
packet 9
Earlier this evening, I distributed to the 10
Commission members two more Jcttcrs of support, one from a 11
Michael and Juanita Helm who reside on the north side of 12
Ryan Road and one from the representative of the Lake 13
Forest Good Samaritan Village. And, again, this shows the 14
location of the thn:c gas wells. Before the approval or 15
adoption of an application for B Specific Use Permi~ the 16
Planning and Zoning Commission and the City CoWlciI must ]7
find that numba' one, that the Specific Use wiD be 18
compatible and not injurious to the use and enjoyment of 19
other property nor significantly diminish or impair 20
property values within the immediate vicinity. 21
If the SUP i!i approved with the requirt:mcnt 22
that the gas well site be accessed via Ryan Road as 23
discussed in the previous ease, the proposed sUP would not 24
be injurious to the neighborhood. Number 2, that the 25
Page 35
establishment of the Specific Use will not impede the
normal and orderly development and improvement of the
sUlTounding vacant property.
The establishment of the gas wells would
not significantly improve -- significantly impede the
normal and orda1y development of the surrounding vacant
land. Number 3, that adequate utilities} access road,
drainage and other necessary supporting facilities have
been or will be provided. The proposed ingress and egress
road from Ryan Road wiD provide adequate access to the
site, actually. all three sites. Other supporting
facilities sucb as water supply have been approved through
the gas well platting process.
Number 4, the design location and
arrangement of all driveways and parking spaces provides
for the safe and convenient movement of vehicular and
pc:dcstrian traffic without adversely affecting the gencml
public and adjacent developments. Again, the proposed
ingres9 and egress road from Ryan Road will protect the
safe and convenient movement of vehicular and pedestrian
traffic in the sUlTOunding neighborhoods.
Number S is that adequate nuisance
prevention measures have been or will be takc:J to prevent
or control offensive odor, fumes, dust, noise and
vibration. The majority of the offensive odor. fumes,
Page 36
dust noise and vibration after, of course, the initial
construction of the site would be created by the ongoing
large truck traffic.
The proposed access route from Ryan Road
minimizes these nuisances. Number 6 is that dinxtional
lighting wiD be provided as not to disnu-b or adversely
affect the neighborhood properties. Lighting will be a
very minimwn part of this development compared to other
uses that require an SUP. And lastly, that there is
sufficient landscaping and screening to ensure harmony and
compatibility with the adjacent property. The proposed
gas 'Well will mcc:t all landscaping and tree preservation
regulations under Subcbaptc:rs 13 in the Dalton Development
Code.
At this time the applicant proposes to
preserve 76 percent of the existing tree canopy on the
site. Based on these criteria, staff recommends approval
of the Specific Use Pamit with the condition that the
ingress and egress to the gas well site be from Ryan Road
and I'd be happy to BDS\VO" your questions.
OOMMISSIONER STRANGE: Mr. Watkins.
CDMMlSSlONER WATKINS: Thank you. Mr.
Chairman. You probably said and I just missed it. What
is the distance bct\veen this well site and the closest
home?
PLANNING & ZONING REGULAR SESSION, OCTOBER. 25, 2006
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Page 33 - Page 36
Condenselt TM
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Page 37
MS. SHELTON: The - 1 measured from the 1
closest lot, which I believe is S75 feet. 2
COMMISSIONER WATKINS: okay. Thank you. 3
MS. SHELTON: Yes, sir. 4
COMMISS10NER STRANGE: I have one question 5
because these arc both, I guess, the same applicant, why 6
on the last one the staff recommended screening with a 7
blockade fence and here we're just recol11IIlCflding going with 8
landscaping. What is the difference in the two? 9
MS. SHELTON: I believe that it was 10
recommended for the O'Toole lease because this is a II
platted lot. It's the part of the future Forest Mcadow 12
and the proposal is for homes to be backed up and part of J 3
their platting process has homes all through this area. 14
The - there is no plan for development on the Goc:xl 15
Samaritan side at this time. So I don't know if it were 16
to be developed -- what part of the lot would be 17
developed. 18
COMMISSIONER STRANGE: I was just going 19
back to the last one, the reasoo for the: fence there was 20
to screen the subject site from adjacent properties and 21
the public right-of-\Wy. It scans to me they're kind of 22
the same thing. I was just wondering what the balance was 23
there. 24
MS. SHELTON: It just didn't enter into the 25
Page 38
-I don't have an ans'Wer for you. I
COMM1SSIONER STRANGE: okay. Dr. 2
Thibodeaux. 3
COMMISSIONER TInBODEAUX; MS. Shelton. I 4
was looking at the backup information. and that 500-foot 5
buffer seems to cross - I know it crossed Creekdalc and 6
something else that I can't read and that's just kind of 7
a follow-up to Mr. Watson. 8
MS. SHElTON: POS$ibly DeImark. 9
COMM[SSrONER TlUBODEAUX: oelmark? But 10
there aren't any houses - what am I seeing there? II
MS. SHELTON: If I'm not mistaken, there is 12
- when we took the photographs bercw trere is a house 13
here, I recall -I don't know about these others. 14
COMM1SS[ONER rnIBODEAUX: SO there are one 15
or two within the 500 feet? 16
MS. SHELTON: YC:S, I'm fairly certain. 17
COMMISSIONER nUBODEAUX: within SOO fed 18
of that site then, right? 19
MS. SHELTON: Yes. And I don't think my 20
aerial is showing that, but I do believe they're there. I 21
was about to go back to the aerial. 22
COMMlSSrONER THIBODEAUX: okay. Thank you. 23
COMMISS10NER STRANGE.: Staff. 24
M5. CARPmrER: I want to follow-up on what 25
Page 39
Commissioner TIu1xxieaux was asking you. Are you asking
about tlx: distancc she said to the closest bouse, the S7S
foct? Because this would seem to say that that is
inaccurate. So I think what you're trying to say, and
correct me if I'm wrong. is that from the well bead, which
is not -- which is located within the yellow, it's 575
feet.
MS. SHELTON: ves, ma'am. I'm sorry.
Ms.. CARPENTER: SO it's not from the edge,
it's not from the property line, it's within the yellow,
there is a 'WeD head. And from that point it's 575 feet.
MS. SHELTON~ l"m sorry. That is correct.
That's the way the Code is written _.
COMMISSrONER THIBODEAUX: veah, I think
that's what you said
MS. SHELTON: - as far as the requircma1t.
COMMISSIONER THIBODEAUX: EXcuse me. I
didn't mean to talk over you. But I think what you said
is that mcas\U'Cd from the edge of the site rather from the
head.
MS. SHELTON: It would be - it is measured
from the well bead whicb would be in the center - or
approximately in the middle of the site to the edge of the
property of the rcsidcntiallot.
COMMISSIONER nUBODEAUX: okay. lbank you.
Page 40
COMMISSIONER STRANGE: AnY other questions
of staff? I will now open the public bearing. Is the
applicant hen: and do they wish to speak?
MR. COLEMAN: r mnain Bill Coleman with
Coleman and Associates Surveying and I am also rctainc:d by
Endeavor Energy. the same applicant in this matter. My
office is $till 300 North Elm Strc:e4 Denton, Texas.
To clarify a feYJ issues that came up
dwing the staff presentation, yes, the ordinance does say
that there $hall oot be a weD bead within 500 feet of a
bouse, well head. TIle image that's up there now is the
notification from the Specific Use Permit and that
includes the entire site, SO it encompasses more properly
for notification than the requirement for the well head.
So that t S a point of clarification there.
Also, this is all a part of the system.
The three \Yells are designed to be hookc:d up by an
all.VlC3ther service road from Ryan Road when that road
comes approved for installation. We can't put that road
in until we have the SUP's approved to put it in. So it's
kind of a chicken and egg thing. And that's why \Ve're up
here speaking with you this evening.
The other issue and Ms. Shelton talked
about it, the difference between the scro:ning, she was
correct, we ... the OIToole site., the land IU"OWld it is
PLANNING & ZONING REGULAR SESSION, OCTOBER 25, 2006
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2S
Page 37 - Page 40
Condenselt TM
Page 41 Page 43
1 currently being developed and it was part of that 1 hilltop. I don't know if I can go backwards to the
2 development that the screening was required. As she said, 2 -- I'm technically challenged. There we go -.. no -- that
3 this is undeveloped land on all sides with the exception 3 one will do nicely. Thank you. There I have a pointer.
4 of the dog park to the west and there are no residences in 4 This area right in here is a large hilltop,
5 there. So aside from any screening that might be 5 so you will have a ridge, a tree-oovered ridge between the
6 necessary for that, we saw no reason for any out in the 6 well site and the existing Lexington Park neighborhood
7 middle of nowhere. 7 that acts as a natural screen buffer. Until such time as
8 Should the area develop, I'm sure some sort 8 that land is developed, and they do something with that
9 of screening would be worked out at the time of 9 hill, it will remain in place. The grading plan for the
10 development depending on the development in the area. 10 well site off in this area right here does include grading
11 There's also, I believe, according to the mobility plan, a 11 it out flat, which will be a cut, SO the well site itself
12 collector plan for the south side of that site, so when 12 will be on a shelf way below the top of the hill.
13 development happens in this area, a lot of the area will 13 COMMISSIONER WATK1NS~ [thought you
14 be torn up and replaced but that will be after the gas 14 commonly raised the well site to drill.
IS well is developed and in the production stage. If there 15 MR. COPElAND: Well, you erect a derrick
16 aren It any more questions, or if there are any more 16 over it, but generally, when we1re leveling out the p~
17 questions, I'll be glad to answer them. 17 we try to do cut and fill to keep from importing or
18 COMM1SS[ONER STRANGE: Mr. Watkins. 18 exporting any extra dirt, so you cut into the high side,
19 COMMISSIONER WATKINS: Thank you, Mr. 19 and you fill the low side to make a level pad if, in this
20 Chairman. We may be a tad more harsh than the staff. 20 case, the \Vell site is naturally sloping. They will go in
21 MR COPELAND: I understand 21 and level it out. To do that, you cut the high side and
22 COMMISSIONER WATKlN'S: HOW flml are you in 22 fill tk low side.
23 not putting a fence around the well head? 23 COMMISSIONER WATKINS: Yes, so that you
24 MR. COPElAND: That would be acceptable if 24 don't wind up with water standing.
25 that's a requirement for doing it. As I said, we've 25 MR. COPEU\.'ID: Right And SO the well head
Page 42 Page 44
1 agreed to do it in others. We do - they do put fences 1 may be raised up above that, but what I'm saying is the
2 around well beads when required. They will put a fence 2 pad that it sits on will be lower than the intervening
3 around 8 well bead under any circumstances. It's just the 3 ground between the well site and the neighborhood.
4 type of fence. 4 COMMISS[ONER WATKINS: okay.
S COMMISSIONER WATKINS: when our gas well .5 MR. COPEl.AND: And because they're having
6 ordinance came before us some years ago, the members, \YC 6 to cut into the 'WeSt side of that hill then it wiD be
7 discussed some sort of fencing that would look nice, you 7 lower than if they just built it up and hauled in imported
8 know I and screen it and also where you rould get to the 8 fill.
9 'Well beatL by picking it up and moving it rather than 9 COMMISSIONER WATKINS: well, it is just
10 having to tear it completely down. 10 easier for me at my age to mncmber if you have a well
11 MR.. OOPELM-L>: exactly. 11 site you have a fence and so forth.
12 COMMrSSIONER WATKINS: so, you know, this 12 MR. COPELAND: Yes, and they will have a
13 is personal, I reali'll:, and probably the regulations don't 13 fence. It'g just - it just might not be a landscaped .-
14 require it. But still by the same token it kind of 14 a screening falee. Now, at such times asl you know,
15 touches me that a gas well can be a nice-looking thing, 15 public right-of-way comes through there -. all of these
16 too, and at 575 feet away kids playing out tbcrc and what 16 lease roads will be private lease roads that they'll be
17 not. it would be nice to have a fence around it, I would 17 accessing off of Ryan Road. So there will no public
18 think. 18 access to the site as opposed to the one up there on the
19 MR. COPELAND: well, there vrill be a falcc. 19 O'Toole tract with tlK: development coming around it, there
20 It vrill be a -- normally. they put a chain-link fence 20 will be an access road near the sire. So in that case,
21 around them. You know, when required by landscaping 21 screening is definitely warranted and agreed to.
22 ordinances or other conditions, of course. they'll put a 22 COMMISSIONER WATKINS: okay. "Thank you.
23 diffaent kind of fence around. This one is - this site 23 COMMISSIONER STRANGE: Any other questions
24 here is completely isolated. The land between the site 24 of the applicaDt?
25 and Lexington Park Subdivision to the cast is a wooded 2S Thank you, Mr. Coleman.
PLANNING &. ZONING REGULAR SESSION, OCTOBER 257 2006
Page 41 - Page 44
CondenseIt TM
Page 45 Page 47
1 MR COLEMAN: Thank you. ] COMMISSIONER STRANGE: okay.
2 COMMISSIONER STRANGE.: we do have some 2 MR. COlWER: I have a surrogate office at
3 cards of people - two cards who wish to speak, one person 3 his place, since you already have that written down.
4 who wishes to be - opposed to the item but does not wish 4 COMMISSIONER STRANGE: can I have your name
5 to speak. So the fllSt to speak will be MicbelJc Johnson 5 and address, pJcase?
6 followed by Andrea Hataway. If you'll come forward and 6 MR. COTNER: oavid Cotner, Midland, Texas
7 give us your name and address. 7 1211 Country Club. I was just going to let them know that
8 MS. JOHNSON: Hi. My name is Michelle 8 when the rig is there - it takes betv.ttn 45 and 60 days
9 Johnson and I live at 4000 Pimlico Court. And so I'm in 9 to drill a well so that the: time the rig's actually there
10 the cul-de-sac that you sre on the map. And my fJI'St 10 is very limited. The life of tlEse wtlls is something in
11 concern was the clarification of the - the distance that 11 the 20-year range. So, you know, I think there's enough
12 we are from the well site. And so that was clarified 12 buffer here with the hill and the trees that you probably
13 SOIllC'Nhat. But I do want it to be noted that tbac are 13 won't even notice it, but again, the rig's only there for
14 families - the cul-de-sac is completed and ~ are 14 a short period of time. And then after that, these are
15 families that live right ~ and so it does matter to us J5 flowing gas wells, so there's no mechanical engines or
16 who arc right there near the \VCll. And so I - one 16 things like that that run that generate noise and create
17 question I would like to ask is what kind of disturbance 17 problems like that.
18 should we expect during the process of the welling or the 18 So I think the main thing I wanted to point
19 drilling. 19 out is just the rig is there for a very fmite period -
20 roMM[SS[O~'ER STRANGE: Mr. Coleman, do you 20 short period of time.
21 wish to answer that, please? 21 COMMISSIONER STRANGE: Thank you very much.
22 MR. COlEMAN: ves, I'll do my best. The 22 Next to speak is Andrea Hataway.
23 only disturbance that you would notice is the derrick will 23 MS. HATAWAY: Hi. My name is Andrea
24 stick up barely noticeable above the top of the trees 24 Hataway, and I live at 4005 Pimlico Court. I am the
25 since the well bead is on the lower -- on the other side 25 comer house - I'm not sure if you can - but the corner
Page 46 Page 48
1 of the bill and there is a hill and a tn%d hill in 1 house on the cul-de-sac. Very concerned about this and
2 bdwecn, plus this other lot is stepped down, their house 2 I'm not sure when they arc going to quit using Crcckdale
3 lot is some 10, 12 fed below normal groWld 1cveljust to 3 as an access road because it's constantly used. There are
4 the west of there where the access roads will be and 4 nine children in that cul~ac alone. When they do stop
5 there's a retaining wall and 8 bunch of large trees in the 5 it, I'm not quite sure what's going on now - our children
6 way. So they wouldn't see much of the rig standing up. 6 bave been ..- we've had to get traffic cones just to block
7 The noise that comes from it would be 7 our circle off because of the unsafe conditions that tlae
8 comparable to the construction noise that they've been 8 drivers are going up this hill. They did mention that
9 hearing while all of the houses were built around lhcm and 9 tbcrc's not going to be a lot of noise. I was in my home
10 well within the city noise nuisance regulations. TI:ere 10 yesterday. Don't know what they were doing out there,
11 shouldn't be anything olba than that. 11 beard all of this pounding in my bome. I"M:nt out, walked
12 The road since they won't be using J2 up the little hill, which my back yard, when trey
13 Crcekdale as access, the access road that is being 13 mentioned a retaining wall, th: retaining wall is in our
14 developed and the only route that we have possible will be 14 back yard. Ifs not dividing our yards from any other
15 down the pipeline right-of-way behind the house, and J5 property. It's in our yard. We have a split level yard.
16 you'll have some truck traffic in and out of there 16 I walked up the hill yesterday and could see clearly - I
17 occasionallYt but that should subside once the drilling 17 didn't have to walk several hundred feet I didn't
18 operations are over. 18 probably have to walk 75 feet I looked straight down a
19 COMMISSIONER STRA.'1GE: Thank you. ]9 bunch of dirt path. Trees were removed. It's not hidden.
20 MR COTNER: I'd like to add to that. 20 It's going to be very visible. If - when they do develop
21 COMMISSIONER STRANGE: I'm sony, sir. 21 Crcckdale Road, if and when that happens. this is not
22 You'll have to come forward to give your name and address. 22 going to be something that's going to be away from
23 MIl COPELAND: well, I'll intnxiuce him. 23 homes. It' 8 going to be there. It's very obvious. Like
24 This is Mr. David Cotner, our representative for Endeavor 24 I said, they're saying it's, you know, not - the trees
25 Energy . 25 are there. It's kind of hidden. Just the little bit that
PLANNING & ZONING REGULAR SESSION, OCTOBER 25, 2006
Page 45 - Page 48
Page 49 Page 5 I
1 I walked yesterday, I could see the guy standing at 1heir 1 Lexington Park. We allowed them to take fill out of our
2 truck, yeah, they'~ down in kind of little hill, when you 2 property and they used that to fill the Phase 3 of the
3 walk up the hillt and kind of Look down, they are in a 3 Lexington Park.
4 smaller section of 1he hill, but it's visible. ADd when 4 Lexington Park has - there's a letter that is I
5 you have a neighborhood so full of children, and mind you 5 believe in y'aU's packet where Lexington Park is
6 there is a park right across the strwt from my house.. So 6 supporting this application. We are very sensitive to
7 not only is it my children and my neighbor'. children in 7 what they're saying, again, when she walks up on the hill,
8 the cul-de-sac, that park that is maintained by LexiDgton 8 though, she's on our property. And she cannot see it from
9 Park I'm assuming is accessible to aU of those children 9 their property or from the park and there is a big tree
10 in the whole neighborhood, 10 it's not jus1 within this 10 buffer and a big hill, and I think it's going to be a very
11 500 feet So ]'In defmi1ely opposed to this. I just kind 11 minimal impact.
12 of hope you keep the neiihbomood in nuod as well as tho 12 COMMISSIONER STRANGE: with that. 1Ne will
13 children. Thank you. 13 close the public bearing. Do we have a motion on this
J4 MR.. COTNER: rd like to respond to that. 14 item?
15 COMMlSSlONER. STR.ANGE; well, you III have an 15 COMMISSIONER. THOMAS~ I'll move that it's
16 opportunity in just a miDute. We have one other card here 16 approved with the necessary conditions that are spelled
17 from someone who is in opposition but docs Dot wish to 17 out by staff -I'll try to be more: clear in this one.
18 spea.kt Anu.nda Carney from 4004 Pimlico Court Her comment 18 COMMISSIONER STRANGE: okay. We have a
19 is our children play every day in the Pimlico cul-de-sac. 19 motion by Mr.lbomas with conditions as specified by
20 1h:re lIe nine children living there under ten years of 20 staff. Do VIe have a second?
21 age. 'The vehicles that travel Cree.kcWe speed over the 21 COMMISSIONER ANDERSON: second.
22 speed limit and could hit the kids. I've been very upset 22 COMMISSIONER STRANGE: A second by Ms.
23 at the heavy machinery going by so fast up our street and 23 Andczson. Do we have any discussion? If not. please
24 fear injUJ)' or death to our childRn. 24 vote. Dr. Thibodeaux, did you bave a question?
25 That's the only cards we have. A1e there 25 COMMISSIONER nUBODEAUX: Yes, I do.
Page 50 Page 52
1 other people here who wish to speak, did not get a card 1 COMMISSIONER STRANGE: okay.
2 turned in? Okay. Docs the applicant wish to make any 2 COMMISSIONER THIBODEAUX: Mr. Watson -
3 closing stalcments? 3 Commissioner Watson raised some questions about the
4 MR. COTNER: I'd like to respond to her 4 fencing around the area and I'm not sure of how that was
5 concern and point a couple of things out. 5 answered that it would remain as presentcrl or that some
6 COMMlSSrONER STRANGE: okay. 6 other ....
7 MR. COTNER: One is the CWTCrlt activity 7 roMMISSIONER STRANGE: I think the answer
8 that you're referring to is for - 8 was that they will fence it according to the Code, Gas
9 COMMlSSIONER STRANGE: If you wouJ~ speak 9 Well Code and it wiU have a chain.link fence around it.
10 into the micropbo~ that way everybody can hear you. 10 COMMlSSIONER THrBODEA~ okay. Thank you.
1 J MR COTNER.: okay. The current activity II roMMISSIONER STRANGE: Any other questions?
12 that she's spcalcing of has nothing to do with the SUP that 12 Any other discussion? If not, please vote. Vote passes
13 YIC're working on today. The current activities relative 13 7-0.
14 to the ACME brick tract which is to the south and we have 14
15 the right by - to develop it by right and so it did not 15
16 require an sUP. 16
17 1be preliminary access to that was from 17
18 Creek dale. Staff and Endeavor has worked together closely 18
19 last 1NCX'k and this 'Neclc. so that as soon as we can cross 19
20 the t and dot the i with Chuck Russell, we will no longer 20
21 be using Creekdale at all for large traffic. And the hope 21
22 is that that could be done in the next day or so, so that 22
23 this service road will beBin construction of that by the 23
24 end of the 'Week or the rust of next 'Neclc.. So a lot of 24
25 the activity that's come in and out of tlx2'e was by 25
Con den selt TM
PLANNING & ZONING REGULAR SESSION, OCTOBER 25, 2006
Page 49 - Page 52
S :\Qur Documents\Ord inances\06\S06-0002.dcc
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR A GAS WELL DEVELOPMENT ON APPROXTh1A TEL Y 4.245 ACRES OF LAND
GENERALLY LOCATED ON THE SOUTH SIDE OF RYAN ROAD, APPROXTh1ATEL Y 2,350
FEET WEST OF TEASLEY LAND, LEGALLY DESCRIBED AS A PORTION OF BLOCK A,
LOT 1 OF THE LAKE FOREST GOOD SAMARITAN ADDITION, IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; WITHIN A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (S06-0002)
WHEREAS, Endeavor Energy Resources. LP, has applied for a specific use permit for a gas
well development within a Neighborhood Residential 6 (NR-6) zoning district classification and use
designation on approximately 4.245 acres of land generally located on the south side of Ryan Road
approximately 2,350 feet west of Teasley Lane, as more particularly described in Exhibit "A' attached
hereto and made a part hereofby reference (the "Property"); and
WHEREAS, on October 25, 2006, the Planning and Zoning Commission recommended
approval of a Specific Use Permit for a gas well development, subject to certain additional
conditions set forth in this ordinance; and
WHEREAS, the City Council finds that the Specific Use Permit, as further conditioned
herein, is consistent with The Denton Plan; and
WHEREAS, in accordance with Subchapter 6 of the Development Code of the City of
Denton, Texas, the City Council finds that all of the following conditions exist, as further
conditioned herein:
The gas well development will be compatible with and not injurious to the use and
enjoyment of other property nor significantly diminish or impair property values within
the immediate vicinity; and
The establishment of the gas well development will not impede the normal and orderly
development and improvement of surrounding property; and
Adequate utilities, access roads, drainage, and other necessary supporting facilities have
been or will be provided; and
The design, location, and arrangement of all driveways and parking spaces provides for
the safe and convenient movement of vehicular and pedestrian traffic without adversely
affecting the general public or adjacent;developments; and
Adequate nuisance prevention measures have been or will be taken to prevent or control
S :\OUf Documents\Ordinances\06\S06~0002 .doc
offensive odor, fumes, dust, noise, and vibration; and
Directional lighting will be provided so as not to disturb or adversely affect neighboring
properties; and
There is sufficient landscaping and screening to ensure harmony and compatibility with
adjacent property; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein.
SECTION 2. A specific use permit to allow a gas well development within a Neighborhood
Residential 6 (NR-6) zoning district classification and use designation on the Property is hereby
approved, subject to the following conditions:
1. The ingress and egress to the well site is from Ryan Road instead of the residential
collector Creekdale Road~
2.. Development and operation of the gas well development shall be in accordance with
the site plan on file in the City .Planning Department, a copy of which is attached
hereto and made a part hereof as Exhibit "B" ~
SECTION 3~ If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4~ Any person violating any provision oftrus ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage~
PASSED AND APPROVED this the ---.-- day of
, 2006.
PERRY R. McNEILL, MAYOR
PAGE 2
S :\Our Documen ts\Qrdinances\06\S06-0002.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY.
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M~ SNYDE
PAGE 3
C:\DOCUME-l \JEDRAKE\lDCALS~ I \Temp\S06..QO.....} .DOC
EXHIBIT A
LEGAL DESCRIPTION
FIElD NOTES 10 all of that certain tract of land situated in the E. Pickett Survey
Abstract Number 1018. and being a part of the called 29.982 acre tract described in the
deed :from Johnny Uy et aJ to Ryan Road Joint Venture recorded under Clerk's File
'Number 2004-23986 of the Real Property Records of Denton County, Texas; the subject
~ being more particularly descnDed as follows:
BEGINNING for the Southwest comer oftbe tract being described herein at a % inch
iron'rod found near a fence comer post at tile Southwest comer of the .29.982 acre tract;
nmNCE North OQ,Degrees 10 Minutes 34 Seconds EaSt with the West line of the 29.982
acre tract a distance of3S0.0 feet;
lHENCE North 89 Degrees 38 Minutes 52 Seconds East across the 29,982. acre tract a
distance of 310.0. feet;
TIIENCE South 00 Degrees .10 Minutes 34 Seconds West across the 29.982 acre tract a
distance of 350.0 feet the South line thereof;
TIlENCE South 89 Degrees 38 Minutes 52 S~onds West with the South line of the -
acre tract a distance of 370..0 feet to the PLACE OF BEGINNJNG and enclosing 3,0
acres of land.
PAGE 4
C:\DOCUMB-l VEDRAKE\LOCALS-l \Temp\S06-00-1.DOC
EXHffiIT B
.... . -
-...
i ji;c~!i!i!il
: ;;'.:~i~Hi;
.'~':~'~~- ....
l~f:;~:Y:nl:
x~ .. .. .. .. ~ ~ .... .
:j::-~.~~~.~~~.
;i:.:>T~; .
--
--
--
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-
PAGE 5
AGENDA INFORMATION SHEET
AGENDA DATE:
December 12, 2006
DEP ARTMENT:
Planning and Development
Howard Martin, 349-8232 ..
ACM:
SUBJECT - ADP06-0015 (Unicorn Lake ESA)
Hold a public hearing and consider adoption of an ordinance amending an Alternative
Development Plan (ADP) for an Environmentally Sensitive Area (ESA). The amendment would
allow the removal of 4,063 square feet (0.09 acres) of designated mitigation area for Upland
Habitat and replace it with 6,716 square feet (0.15 acres) of property to be designated as Upland
Habitat mitigation area. The 133.5-acre Unicorn Lake site is located south of Interstate 35 East
along both sides of Wind River Lane. The Planning and Zoning Commission recommends
approval 7-0.
BACKGROUND
Applicant: Brad Shelton
Denton, TX
On May 16, 2006 the Denton City Council approved Ordinance 2006-138 (See Exhibit 2) to
allow an Alternative Development Plan for an Environmentally Sensitive Area in the Unicorn
Lake Development as provided in Section 35.17.12 Alternative Environmentally Sensitive
Area Plans in the Denton Development Code.
The recently adopted ordinance that allows the Planning and Zoning Commission to make final
determinations on Alternative Development Plan cases does not apply to Alternative
Development Plans for Environmentally Sensitive Areas.
The proposed amendment (ADP06-0015) to the existing ADP would substitute 0.15 acres of
non-designated area in Unicorn Lake for 0.09 acres of area, which was designated by Ordinance
2006-138 to be used as a replanting area to create part of the 10.16 acres of required Upland
Habitat. (See Exhibits 2 and 5). The Planning and Zoning Commission recommended approval
of the request to amend the ADP on October 25,2006 (7-0).
Public notification information is provided in Exhibit 6. As of this writing, staff has received
one letter in opposition, three letters in support and one neutral response from property owners
within 200 feet of the subject site.
PRIOR ACTION/REVIEW
The Final Plat for Tuscan Hills, the gated single family community located in the southwest
corner of the Unicorn Lake development, was approved by the Planning and Zoning Commission
on October 11, 2006. Several other final plats have been approved for individual commercial
lots within the Unicorn Lake development.
An Alternative Development Plan for an Environmentally Sensitive Area was approved by the
Denton City Council on May 16, 2006. The case was heard by the Planning and Zoning
Commission on April 26, 2006 and was forwarded to the City Council without reaching a
consensus on a recommendation by a vote of3-3.
On May 16, 2006, the Denton City Council approved the Unicorn Lake Overlay District, which
allowed a gated residential community (Tuscan Hills). The Planning and Zoning Commission
recommended approval of the Unicorn Lake Overlay District on April 26, 2006 (6-0).
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (7-0).
EXHIBITS
1. Staff Analysis
2. Ordinance 2006-138 (Alternative Development Plan)
3. Location Maps
4. ESA Maps
5. Proposed Upland Habitat Mitigation Map
6. Public Notification Map
7. Public Notification Response Letters
8. Letter of Intent
9. Site Photograph
10. Planning and Zoning Meeting Minutes
11. Ordinance
Prepared by:
drA/~
Lori Shelton
Planner II
Respectfully submitted:
Brian Lockley, AICP
Interim Director of Planning & Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANAL YSIS
CASE NO: ADP06-0015
LOCA TION:
APPLICANT/
OWNER:
REQUEST:
STAFF
RECOMMENDA TION:
ZONING DISTRICT:
COMPREHENSIVE PLAN
DESIGNA TION:
DATE TO BE CONSIDERED: December 12,2006
The 133.5-acre site is located south of Interstate 35 East
along both sides of Wind River Lane
Brad Shelton
Windjammer, Ltd
3300 Sundown Blvd
Denton, TX 76210
An amendment to an Alternative Development Plan (ADP)
for an Environmentally Sensitive Area (ESA). The
amendment would allow the removal of 4,063 square feet
(0.09 acres) of designated mitigation area for Upland
Habitat and replace it with 6,716 square feet (0.15 acres) of
property to be designated as Upland Habitat mitigation area.
Staff recommends approval of the amendment to the ADP
and finds the proposed trade of ESA areas will preserve
more trees and more acreage in a designated protected
Environmentally Sensitive Area.
The Upland Habitat Mitigation areas (existing and proposed)
are located within Regional Center Commercial Downtown
(RCC-D) and Neighborhood Residential Mixed Use (NRMU-
12) zoning districts. (See Exhibit 3).
The ESA mitigation site as created by Ordinance 2006-138
is located within a "Regional Mixed Use Center" future land
use area. Regional Mixed Use Centers are intended to
contain the shopping, services, recreation, employment and
institutional facilities supported by and serving an entire
region. A regional activity center could contain
developments such as a regional shopping mall, big box
retail, superstores, restaurant and entertainment facilities, a
high school or community college, and high-density housing.
The proposed medical office use is consistent with the
Regional Mixed Use Center future land use goals. It will be
a part of a mixed use development that will provide various
services, retail, housing and employment opportunities to
the immediate area and to the region.
The proposed Upland Habitat (ESA) Mitigation Area is
located within an "Existing Neighborhoods/lnfill
Compatibility" future land use area. New development in
this district should respond to existing development with
compatible land uses, patterns and design standards. The
plan recommends that existing neighborhoods within the city
be vigorously protected and preserved. Housing that is
compatible with the existing density, neighborhood service,
and commercial land uses is allowed.
The proposed Upland Habitat Mitigation Area is consistent
with the goals of the "Existing Neighborhoods/lnfill
Compatibility" future land use area by protecting the
neighborhood to the west with additional ESA area and
adding ESA area to the Unicorn Lake development.
SITE AND
SURROUNDINGS:
North:
The site is a part of the Unicorn Lake mixed use
development. The specific location of the two parcels of land
in this request are on the west side of the development. The
property between the existing Upland Habitat Mitigation
Area and the proposed site is designated Upland Habitat
Mitigation Area. (See Exhibit 4)
Regional Center Commercial Downtown (RCC-D) -
Undeveloped commercial and senior housing.
Neighborhood Residential Mixed Use 12 (NRMU-12) -
Designated Upland Habitat mitigation area.
Neighborhood Residential 3 (NR-3) - Developed Single
family residential, Wind River Estates.
Regional Center Commercial Downtown (RCC-D) -
Developed commercial and undeveloped.
South:
West:
East:
BACKGROUND INFORMA TION:
Prior to approval of the ADP, the subject site had a total of 71.01 acres of ESA
designated property. The applicant proposed to reclaim approximately 0.07 acres of
undeveloped floodplain, develop 0.18 acres of Riparian Buffers and develop 22.68 acres
of Upland Habitat. The proposed development deviated from the Denton Development
Code requirements of Subchapter 35.17.7 Undeveloped Floodplain Development
Standards, 35.17.8 Riparian Buffer and Water Related Habitat Development Standards
and 35.17.9 Upland Habitat Development Standards (See Exhibit 4).
The applicant proposed to mitigate the deviations from the Denton Development Code by
a plan, which provided for the preservation of 1.18 acres of Upland Habitat and the
creation of 10.16 acres of Upland Habitat, for a total of post-project Upland Habitat area
of 11.34 acres. The Alternative Development ESA Plan provides for Natural Zone
Plantings and Social Zone Plantings (See Exhibit 4).
The proposed amendment (ADP06-0015) to the original ADP (ADP06-0005) would
substitute 0.15 acres of non-designated area on the property for 0.09 acres of area,
which was designated by Ordinance 2006-138 to be used as a replanting area to create
10.16 acres of Upland Habitat (See Exhibit 5).
ANAL YSIS:
The proposed amendment to the existing ADP creates an additional 2,653 square feet
(0.06 acres) of Upland Habitat on the Unicorn Lake site. Further, the proposed property
to be substituted for the mitigation area is of higher quality (based on density of trees)
than the currently designated Upland Habitat Mitigation Area. Since this is the only
change to the original ADP (ADP06-0005), the impact to the development and prior
mitigation measures are minimal.
DEPARTMENTANDAGENCYREWEW
The ADP request was reviewed by the Development Review Committee. The Committee
had no concerns regarding the request.
The following review of the proposed ESA ADP was prepared by Dr. Kenneth Banks of
the Environmental Quality Division of the City of Denton.
The applicant is proposing a slight modification to the Upland Habitat areas originally
designated for preservation / replanting on the approved Alternative Environmentally
Sensitive Area (ESA) Plan. This Alternative ESA plan was approved by Council
following a public hearing held on May 16, 2006. The current proposal requests that a
4,063 square foot area of upland habitat, originally designated for preservation in the
alternative ESA plan, be exchanged for a 6,716 square foot area of upland habitat that
was not designated for preservation.
Staff originally requested the applicant submit a revised tree survey showing the
approximate number of trees to be removed and preserved. The applicant was also
requested to provide an updated document that includes all the City Council approved
Upland Habitat ESA for the Unicorn Lake development. This information was
subsequently provided by the applicant.
Based on the provided information, staff findings are as follows:
1. The approved Alternative ESA plan for Unicorn Lake designated the preservation of
1.18 acres of existing upland habitat, and planting of 10.16 acres to compensate for the
loss of 22.68 acres of upland habitat, 11.34 acres (500/0) of which was required to be
preserved according to provisions of Subchapter 17 of the Denton Development Code.
2. The applicant's proposed changes to the approved Alternative ESA plan would result
in 1.33 acres of existing upland habitat preserved, with 10.07 acres of planting, for a total
of 11.40 acres of area mitigated. This proposal results in approximately 50.20/0 of area
preserved / mitigated through planting.
3. Using the aerial photos and maps provided by the applicant, the 4,063 square foot
area appears to have substantially less trees than the 6,716 square foot area. Thus, the
proposal preserves slightly more trees as well as preserving slightly more acreage.
The overall goal of the upland habitat provisions of subchapter 17 is the protection of
trees. The applicant's current proposal is more supportive of this goal than the approved
Alternative ESA plan.
FINDINGS OF FACT, UPON COMPLIANCE WITH ALL CONDITIONS, IF
APPLICABLE:
Before approval or adoption of an application for an Alternative Development Plan, the
Planning and Zoning Commission and the City Council shall find:
That the proposed Alternative Development Plan amendment will:
1. Preserve Existing Neighborhoods.
The proposed ESA area exchange provides additional Upland Habitat area and
additional trees which improve the quality of the existing neighborhoods.
2. Assure quality development that fits in with the character of Denton.
The net increase of Upland Habitat area improves the quality of the
development.
3. Focus new development to activity centers to curb strip development and
urban sprawl.
The proposed ESA ADP amendment does not directly affect the location of
new development, but does improve a mixed use center that meets this criteria
measure.
4. Ensure that infrastructure is capable of accommodating development prior to
the development occurring.
The proposed ESA ADP does not affect the infrastructure within the
development.
EXHIBIT 2
Ordinance 2006-138
ORDINANCE NO+ 2000- /3,RJ
AN ORDINANCE OF THE CITY OF DENTON! TEXAS~ APPROVING AN ALTERNATIVE
ENVIRONMENTALLY SENSITIVE AREA PLAN FOR AN APPROXIMATELY 47-ACRE
TRACT OF LAND GENERALLY LOCATED ON THE SOlITH SIDE OF 1-35 EAST~ SOUTH
OF WIND RIVER BOULEVARD AND WEST OF UNICORN LAKE BOULEV ARD~ AND
LEGALLY DESCRIBED AS WITHIN THE M.E.P. &. P.RR. SURVEY1 ABSTRACT 950,
AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ~ EXHIBIT A
AlTACHED HERETO; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2tOOO~OO FOR VIOLATIONS THEREOF;
AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE~
WHEREAS~ Section 35" 17.12 of the Denton Development Code allows an applicant to
propose an Alternative EnvironmentalLy Sensitive Area Plan, which is reviewed under the
Al1emative Development Plan review process outlined in Subchap1er 3 of the Denton
Development Code; and
WHEREAS, the owner of that certain tract of land described by the met~ and bounds
description in Exhibit f.iA ~ attached hereto and made a part hereof by reference (the '~Prooet1vJ~)
submitted to the City an application requesting an Alternative Environmentally Sensitive Area
Plan (the liiAltemative ESA Plana) for the Property~ and
WHEREAS~ on April 26!l 2006~ the Plarnring and Zoning Commission held a public
hearing as required by law and reached no consensus regarding a proposed Alternative ESA
Plan~ and
WHEREAS, on May 16, 2006, 1he City Council held a public hearing as required by law
and granted the requested Alternative ESA Plan.
NOW THEREFORE! THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
S EC TI ON I. The findings and recitations contained in the I'reambLe of this ordinanc e are
incorporated herein by reference.
SECTION 2. The Alternative ESA Plan is hereby approved!l and compliance with
Sections 35.11. 7 .A~ 35. 17.8, and 35.17.9 of tbe Denton Develo pment Code is not required,.
su bject to 1he fo llowi ng condition:
A. Camp liance with ExhibIt "B ~ is requi red~
B. A buffer that is a minimum of fifty feet in widthJ in the loca1ion shown on
Exh ibit "c' ~ ~ must be provided. Altemtions to the required buffer area are prohibited
except as ~essary to do the following: (1) accommoda.te drainage flows from adjacent
and upstream property and meet all applicable City drainage requirements; (2) construct a
fence or wall along the boundary of the Property; (3) install a retaining wall along the
east line of tlte buffer, if nee essary; and (4) remove dangerous! disease~ or dead trees
from the buffer. The only machinery that may be used in the required buffer to do the
work described in the preceding sentence is machinery that is reasonably necessary and
appropriate to the scope of work being perfonned~
SECTION 3. All exhibits referenced in this ordinance are attached hereto and made a
part hereof for all purposes.
SECTION 4. If EIIlY provjsions of any .section of this ordinance shall be held to be void
or unconstitutional~ such holding shall in no way effect the validity of the remaining provisions
or sections of this ordinance~ which shall remain in full force and effect.
SECTION 5~ Any person violating any provision of this ordinance shall~ upon
conviction!l be fined a sum not exceeding $2000,,00. Each day that a provision of this ordinance
is vio lated shall consti tu te a separate and di stinet 0 ffense.
SECTION 6. That this ordinance shall become effective fourteen (14) days from the date
of its pas sage!l and the City Secretary is hereby directed to cause 1he caption of thi s ordinance to
be published twice in the Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas within ten (10) days of the date of its passage.
PASSED AND APPROVED this the I G Ii.- day of L.fl(, ~ . 2006.
~~dl
EULINE BROCK., MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
~//
2
Exhibit A
Metes and Bounds Descrintion of the PrODertv
47~4()2 ACRES
BEING A 47.402 ACRE TRACT OF LAND SITUATED IN THE M~E+P<l & P.R.Rr SURVEY,
ABSTRACT NO. 950, CITY OF DENTON, DENTON COUNTY~ TEXAS, AND BEING
PART OF A TRACT OF LAND., CONVEYED TO WINDJAMMER L TD+ BY DEED
RECORDED IN COUNTY CLERK'S FILE NO. 98-R0062520, DEED RECORDS~ DENTON
COUNTY} TEXAS~ SAlD 47.402 ACRE TRACT, WITH REFERENCE BEARING BEING
THE EAST LINE OF SUNDOWN RANCH PHASE 3, AN ADDITION TO DENTON
COUNTY, ACCORDING TO THE PLAT RECORDED IN CABINET U, PAGE 768-769~
PLAT RECORDS, DENTON COUNTY, TEXAS~ BEING MORE PARTICULARLY
DESCRlBED BY MElES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID WINDJAMMER TRACTt SAID
POINT BEING A NORTIIWEST ELL CORNER OF 201.38 ACRE TRACT OF LAND
CONVEYED TO THE STATE OF TEXAS BY DEED RECORDED IN VOLUME 435, PAGE
12, DEED RECORDS~ DENTON COUNTY, TEXAS;
THENCE, SOUTH 89 DEGREES 49 MINUTES 03 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID WINDJAMMER TRACT AND THE NORTH LINE OF
SAID STATE OF TEXAS TRACT, A DISTANCE OF 1880.54 FEET TO POINT FOR
CORNER AT THE INTERSECTION OF THE SOUTH LINE OF SAID WINDJAl\tfivlER L TO.
TRACT AND TIlE EAST LINE OF AFORESAlD SUNDOWN RANCH PHASE 3
ADDITION;
THENCE~ NORTH 00 DEGREES 25 MINUTES 40 SECONDS EAST, ALONG THE EAST
LINE OF SAID SUNDOWN RANCH PHASE 3, A DISTANCE OF 1433.34 FEET TO POINT
FOR CORNER ON THE WEST LINE OF SAID WINDJAMMER TRACT;
mENCE, NORTH 00 DEGREES 27 MINUTES 30 SECONDS EAST~ ALONG SAID
WINDJAMMER TRACT, A DISTANCE OF 353~91 FEET TOA POINT FOR CORNER;
THENCE, OVER AND ACROSS SAID WINDJAMMER LTD. TRACT~ THE FOLLOWING
COURSES AND DIST ANCES~
SOUTH 56 DEGREES 05 MINUTES 12 SECONDS EAST~ A DISTANCE OF 1198.58
FEET TO A POINT FOR CORNER;
SOUTII 33 DEGREES 56 MINUTES 25 SECONDS EAST, A DISTANCE OF 6] 9.52
FEET TO A POINT FOR CORNER;
SOUTH 79 DEGREES 51 MINUTES 56 SECONDS EAST~ A DISTANCE OF 559.04
FEET TO POINT FOR CORNER ON THE EAST LINE OF SAID WINDJAMMER
TRACT AND A NORTHERLY WEST LINE OF AFORESAID STATE OF TEXAS
TRACT;
3
THENCE~ SOUTH 02 DEGREES 44 MINUTES 08 SECONDS WEST, ALONG SAlD
COMMON LINE, A DISTANCE OF 500~ 71 FEET TO THE POINT OF BEGINNING AND
CONTAINING 47.042 ACRES LAND, MORE OR LESS.
4
E:xhibit B
Alternative ESA Conditions
The applicant intends to reclaim approximately 0.07 acres of undeveloped floodplain, develop
0.18 acres of Riparian B u:ffers and develop 22.68 acres of Upland Habitat on the Property + The
proposed development will deviate from the foHowing Den10n Development Code requirements:
I. 3.5.17.7.A Undeveloped Floodplain Development Standards, Permitted Uses and
A.ctivities. Residential development is not a pennitted use in designated undeveloped
floodplainr
2. 35.17..8. Riparian Buffer and Water Related Habitat Development StandardSt
Residential development is not a pennitted use in designated riparian and water related
habi tats.
3 + 35..17.9 U plalld Habitat Develop meat Standards. Residential development shall be
designed to retain a contiguous fifty percent (500it) tree canopy, which shall remain
predominantl y i n its natural state.
The applicant will mitigate the deviations from the Denton Development Code by a mitigation
plan which provides for the preservation of ] .18 acres of Upland Habitat and the creation of
1 o. ] 6 acres of future U pland Habitat, for a total of post- proj eel Upland Habi tat area of 11.34
acres 10 he located generally in the area described on A (j ac hmen/ 1 to this Exhibit '''B1 t + I
The Alternative ESA Plan provides for Natural Zone Planlings and Social Zone Plantings.. The
Natural Zoning Plantings will be planted with bare-root seedlings at a rate of 350 per acre in the
area indicated in Attachment 2 to this Exhibit '''B':I. The Natural Zone constitutes approximately
8.21 acres~ of which 7,,63 acres need 10 be planled. This would provide apprOKimately 2~671
bare-root seedlings for the Upland Habitat Na1ural Zone~
The Social Zone Plantings would occur along potential trail corridors in an area of approximately
3.13 acres. and would be maintained to allow for longer sight distances for both aesthetic and
safety reasons. Tree plantings would consist of the same native species as the Natural Zone.
However, these trees would be larger than the bare-root seedlings planted in the Natural Zone
and would be planted at a rate of 50 trees per acre + A walking trail would also be constructed
that would meander through the Social Zone.
Utility easements may be located within the 11..34-a.cre Upland Habitat area. In addition,
grading and other site work necessary 10 construct the proposed single family project on the
Property may be done in the 1 O.l6-acre future Up] and Habitat area provided that such work is
done before any required plantings are in place.
The ] },,34-aoe Upland Habitat may become part ora public pmkr
~ A tlaehment I provides the general location of the post-proj ect Upland H ab itat however, the exact boundar jes may
sh i ft as necessary for grqd ing an d deve I op ment pro vi ded that 1134 acres of post-project Upland Habitat is prov ided
in the ftrea. generally shown on A llaMnuml J.
s
Attachment I to Exhib it
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S()UTU 38 DEGREES rJK f'.UNLT]'r;~ ~ I SEC(tNDS \VI:ST. {\ 1)IST/\trJCE (~F7. 75 FEET TC)
APt) lNT F~)R C(~RNER~
S(Jlrru ~ 4 DEeR EES -I"~ ~IINlrn~s II SI:C~)N[)S E:\ST~:\ D1ST..\ NeE ~)F Ji.91 FEI~T Tf)
:\ f'O] NT FtJR ('0 ~ NER;
t'ClurH 14 [lEeR EES ...~ ~"1INlrn:...~ 10 SECONDS EA~T. A I)[sr..\ NeE (IF 52. ~5 FI!I~T r~)
A fllJINT ]~OR C(~RNEI<~
S( ~ LT)" ff 4~ I)EG R I~ I~' 1 () p."! IN lfn~s ;.II SEO) N 1)$ E.-\ ST. A D I ST: \ N(1~ t)f l Ll ~.4g l~ ~ T
T~) A PtJ1NT FOR O..1RNER:
S(Hlfft ~n D[~~REES .~.s ~IlNLrrES ':J SECONDS E:\ST~ ,.\ DIST:\NCE c)P 1 76.ti.4 FEET
TO 1\ POJNT J N TU E EAST IJNE (.F S ,.\ ID 1.16. ~ ~ I\Ck E TI<A CT ~ \ Nl):\ \\1 E $T 1..1 NI: ()F
51' \ I [1 ~. ~ I. .\.)": i \C RE lR..\ ('T~
THEN"CE. AIJ)NG "HI~ I~,,\sr IJNE (~F S-.\]I) L~ti_51 ~ ...\CR1~ TR~'\CT t\ ND.-\ \\'EST L1NE 01; s..\ II)
)) 1 ,".'t~ :\CR E 'rR.-\ C.1.~ S{)ll rH f~2 tn:('a~: 1 ~ ES..u J\[ INUll~S I"L': $:1 ~CON[)s \V EST ~:\ 1 J1STANC E (.F
7 I. ~ 7 I:EET .]\ ~ TH I::: 1'1 )1 ;,..rr (J F I ~I.: ~ ~] N N' :'\.(.~ ,.\ ND C~)NT ~\] N I NG f:. 71 ~J .-\ CR ES ~)F 1....\ N1J.
~"r (tRE (IR I.E,~ s.
TkACT T\\'(t
BElNG ..\ --I.-t\2J ..\eRE Tlt.\CT Ol~ l.;\ND SrrlJ.-\ 11:1:1 IN THE ~J.E, P. ~~ P ,RR. SURVEY'.
+"\ B~TIl,,\ CT f-Jt). ~f~~ I. CITY elF nl~~r ()N. nEN TOi\l C(~U ~r'.. 11~X..\ S. .,,\N D n F: I NG P:\ RT (~I': A
L~ ~.~ ;\C~E TH.,\CT elf L,.\ Nfl DESCRIBED IN.-\ ])Ef.D ll~ \\" lNDJ..\t..1?\'IER, I..lli. ..\S
R ECOR DE DIN DE rvr<<)N' C~)llNTr C LE R;':" S FlI J~ N~)_ ~~.. RC~1()2 51 n ()f' THE RE .-\L PRO PE RTY
R EC~)R 1:>$ ~)F DI ~ NT~)N C~)UNT'Y' _ TEX:'.s. s..\ 11) 4, t~': ~ :\ eRE TIL\CT. \\'IT H 11 E..\ RING BAS I S
HE I NG THE E.-\ ST J.JNE tJF \0\-'] ND R rv E R ES TA 11~S. rH~.\S E v 11. ,-\ N I~ DD1T[(tN .r(~ THE ell\"
~)F ~)[Nor(~N. ..\ ~ R EC(I R DE D IN C.,\ IjlN ET [l~ S [.1 DE j ~ I.. 15"1 (tF THE Pl.:\ T R I ~C()RI)s (~F
])ENT(JN O)UNTr. TEXAS: AND BEJN(1 r..1ORE P..\R TICUL..\RL r DI~SCI..: U\ED HY 1-."lETE-S
:\ NO HC~U NilS A S !~(.IJ J) ws:
Cfl~I'1 EN{~l~(~ AT THE SOlrrHI~:\ST C(~RNER ()F .!lArD l.~r),.sb r\CRE TRI.\CT /\ Nt) ,-\ T i\N
Et1.. CC.R ~ER () F A ~ I. 3~ .. \ CR E TR..\CT I)F 1....\ ND OEseR 1 A E I) IN A [nl~D .]1) TH E S T.,,\ 11~
c)F TEX..\S ..\S. R Ec()RDED IN Vt)LUl\"IE 4J5~ P.\('.I": 12 O~F THE DEED nEC(~RI)S ~)F DEN1\)N
C{HJNTY. lE\AS~
TUE}\h~E_ (~VER ;\ ND ACR~)SS s..\ lD 1 J~.9) ..\eRE .ffi::\CT. N~)RTH 5n DE(1REES 13 ).lINlr[liS
5~ SECON1)S \VEST. :\ [HSTAtJCE f)F 201-'.~ FEET T(J TUE I'JJ N.r (IV UEt.,INNIN(.:
TH r ~ NeE. C.)N rr NU lNC (~V E R AN JJ ACR()$S SA. [D ~.k\ 5{.~ ACRE "R.~\ CT. om r~ F~)l JJ:nv I NC
C(lUR~ ES :\ ND n[~I..\ NCES:
c ~Oo~ i1nf $EalinQ~:""tK~.~ ~hJi T.ft'Il:~N'i ~Mt F~~~~"EM EXttarr (;2:)&~
f.tog. !I (f:::'
10
Nf)RTH fIlS DECREfS 27 f\"lINUTES "ll) SEeONDS \VEST, :\ DlSTANCE F)F 71.66 ):EET
,.~) .-\ PO lNT I; ~)R CORN ER ~
N(~RT.i 4l) DEe ru.::L-:S < tel [\.0] IN U "n~s 41 SEC~)N n~ ,v EST: A IJI STA NeE 0 I ~ ~.l L 1-1 FE E T
"[t) A POINT FOO C(~]{NT:R~
N ~)RTII 15 [)[t.": REr:-.1i\ 1 ~ 1\1 rfrJlrn~S ~q~ s IOCl)Nl)S I~\ S T L J-\ D 1ST l\ NCI: OF I.~ 2.1.~ I ~:ET
TO r\ POlNT F~:IR ('(tRN ER~
N ORTII ti..-.- I)EG k I ~ES _'7 l\.[t NU1t:S I ~ ~ ECc)NDS \". EST. IL\ rnST..\ NeE r) F I-Iti. ~~ ~ II~:ET
T(~:\ POINT r~)R C(~RNER:
N(tRTH 7 I PEe. K EES .'~ ~u N 11 rES .'S. S rco N us \\" EST. .-\ Dr S TA NC E (~F 11 J 7 7 rEET
T() .-\ ~) INT [N TH E \V E~T I...1N E ~)F :\ f~)R ES.-\ 1 D 13('_ 9~~ A CR E T Rr\CT;
THENCI~ ALONG rUE \\".:$T rJfrJE ~JF SA I[) I JflSu :'CRE TR.-\('l". Nr)RTH 01 ~ DECRi!l:.s 17
~"1INUTF...~ 3'J SEO)M)S I~-\ST: J-\ [)rSTAN(]~ ()r -\1),;$ F]~I~T TJ);\ r~n~r FCJR f~tJRNE H:
THliNCli ()V Hit AND ACI\()SS ~i\ ID I J6_5O ACRE TRAcr: THE F~)LLO'\.]N(i CiJlIRSES .i\NI)
J) 1ST i\ N ll:S:
N()RTH ~ 1)1:.r~J;:EES 4J J\"rlNLrll~~ !2 SED)ND~ r~\ST_ A DI~'-~'"\N('E (~F 'j4K~~ I Il~ET
r~) ,\ p,:) INT rC)t{ Q)RN ER~
SCUJT H J 1 fJEGR EE~ J 4 ~.1IN Ln"l~~ 4 J SEC(tN D~ E"~ T. (\ D I S. T.:\ NCH c)[": I 07 .4~ FEET
14) ."\ PtJ I NT F()~ C~)R N ER:
S-)VfH 5fi DE(:REE~ IIrj ~IINUTES (115 SJ:('()ND~ E;'~T: :\ DIST:\NCE (tF Jr} I.~..I rEEl"
I() 1\ P'OINT r~)R C~]k~ER:
S")UTH 35 nE(~REES 5; ~iJNUTES ~H SEC(~ND~ E:'ST~ A [)iST..\NCE (JF .\~'3 FEET TC~
A P(~INT AT TU~~ BEGIN N1NG or: ~.\ T:\Nfir~NT CURVr: Tr) TH~ RIG HT HAVING..\
CENTR:\IL r\ N4~I J~ ~)F 41 DEeR EES 21) ,,"'I l N U TI~ I () S EC()NUS. A R..\[~[ us or ,~~" O'J
FEET. :\ N [l;\ 1..( ~N c. CHt)RD rf fA THEA RS S() U Tn 1.$ DI:~:-:R I ~ E.." I J }\.[ INUTES 56
..';EC4)NI)S E:\~"_ :\ DIS"r,.\NCE OF h[),~j FI:ET:
;\IJ)N(~ S:\[D T~\NCEro- CUR V[ Tf) THE RICHT~ .-\N..\ RC IlIST1\ NeE OF ,i.~..YJ J-1~ET
T~) :\ PO I N T 1\ T TU E n I~G I NN IN G (~F A C(l~ll')LJN l) ell R VE "f(. TH l~ R lG HT H:\ V] NG
..\ CEfJTR;\ r ~ 1"\ NGI. E (~F ~ 1 I)EG RI ~ ES I ~ 2 ~{lN Lrrp....~ O~ s. EO) N[J~. ..\ kAD lUS OF I.fif;, r~~
FEET" AN)) ~\ J.(~G 4~H(tl~:rJ TH,-\T BI~L\RS S~)lrTH Ir~ DEGREES"~l(j ~'IINl~TES 11
S EC(~[1S \\' r~iT. A 1)!ST.-\NCr ~)F tU,4~ FE.I~T~
i\] J)N C SJ-\ I D C(.~ 1 Pt)UND ClI RV E TC) THE RIG HT. : \ N :\ RC I) 5 T .\NCE ~ JF r)J S4 I ;rn
T(t ..\ ~) INT FOR O)RN ER:
S(tLfrH ~J I :lEG ~ EES 31 ~'IINlrrES 14.s Ecr)]\JD S \\ l~ST. 1"\ L11 ~ T:\ NCI ~ (~I; Y 7...J."17 FE IT
T~) .-\ PO 1NT F~)R CC.RN ER;
c ~(I~ ~ ~~'.n..tsIo;ft'I'"1m::.:I1 s.Mtbg( Tamw,,"! tuUM Fh"'OLJ\.fE6,.l D:+llrr ':::/~
p~ ;s.~"J
] l
THENCE~ SOllTH 2S DEGREES 29 ~IINlJTES 14 SECONDS WEST, A DrSTANCEOF
12. 44 FEET TO THE POINT OF BEG INNING AND OlNTAINU'<<14.625 ACRES OF LAND.
MOR.~ OR LESS,
12
A ttoch ment 2 to Exhibit B
l3
EIhibit C
Buffer Area
-----..-.,.. -----------
. ... 7.... . ....... '"
...... ( ....... ....... "
.....~ 0 ........ ........... .................. ....,....
i\ /. ...... -..........
J o. ................. \~......
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CII ~ " ...
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Sil~ ,\.:....~\...
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i 'IllICIt: \\\
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~ 'I:, '~'L..._~-....
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::"'-~I '1,.... _~.
J M Ii ... ~K .....\
~~~ '...-.,..... ~~~~ ......~.
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R 1 ~......
; .H ... I~ Ll ~I ~ I I"': ,/ ~
19 L':J:. - - t. - . - - J!J u' t
s c ~'
.i~E1~1~E..G13~~1~.EB:\:.__ ~~~""~""'~_
.\
...
\
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\
14
EXHIBIT 3
Location Maps
Location Map with Zoning Districts
EXHIBIT 4
ESA Maps
~xisting ESA prior to ADP06-0005
............... ..
............... ..
............... ..
:::.:::::::..:...:.:.:::........;.-:
Current ESA Mitigation Plan for Unicorn Lake, approved by
Ordinance 2006-138
... ...................... ..
........ ..............
........ ..............
........................
..........................
EXHIBIT 5
Proposed Upland Habitat Mitigation Map
.. .., .'-..L....~~x.,^. ...... .... ,
.. ',',','"
::: :~:~~ l
EXHIBIT 6
Public Notification
Newspaper Notification Date: October 15, 2006
Percent of land within 200' in opposition: <10k
200' Legal Notices sent via Certified Mail: 92
500' Courtesy Notices sent via 1 st Class Mail: 113
. In Favor: 3
. Opposed: 1
. Neutral: 1
EXHIBIT 7
Public Notification Response Letters
NOTIcE OF PUBLIc HEARINS
ADhIIl1S
n. ...... ... .... C.w - ~. d .. CII II...... ... WI. ptlIic '--'1IIt Wall.......
~25,."'" ........~._.----.....IrJ~ Can:I..~. ........
.- -......... D8\rtQf1IIIIlIIl ~.... - DRIIav._AllI) ... -.u AI'-. (eM). ...... WDUM
-.. ....,.. crt...... '-1:,.. = d. ~_.... ~r[1n _ lor ~ ~
.... ""*- · .. ..711....... Pl16 II......... .. 18'- &.11_ ........ ......
~flIi In... ". '...... ~ 1DrIiIIIIdI.... III ~ ll1dl. "'--.IIIIItt... ~ WhI
..... tall .. II..... ~ ~ 4 (IMo41. .......... RI....... 2 4tAI).
~~lIIII. -.....u.,...,... _~ c...rO'uh....MDiIr-'J-o pIC:C.
OJ ...........
'"- ....... ~ ... .. .. 1:30 ..... tII... ClIJ Cawd ~. ~ CIr .. IDaIIId .211 E
Mdl:hIIJ.... .... T-. ---101- ~ ..... Iw......,.. .. II..
...".., ~ .. ~ MIl Z4IiIJ .~.~ IIiWIIIII .. ... ".,. ... ,.., .- ..., ...
,.."............ jImf 111'....,.....,..... ~........ b ..... __......... _
...... ..... '* bnI... ..... .......... ...-....... fII.. ........ 1-'" oIJP .....
. ,......1fIII... ........ .., v - j . w II .. ..... :_~ YeII..,.....I.".......
...................i... ...---....._ldlf~
II..L 1 -..... ........... _~ L ...
.........,.
.......... 11111 "
~ Lad...................
...... _.. ...... ~.~... JIIN;IiIl __ fill "IIIIL 1ft _......... __..
~ w.a.. ~......... _.. ......IW~ _.a.......... In Dl:lUIIINa
.....'=- E:~'
In .....af .....
~.... .....U,LL I .II~
.-.~~~---
", PrnId~ 1l).1^~
.......~?AM 'l:nI.Lht. RD.
Caw..... Qt ~ -n,' ""]I.....D
" ,...... ~" QrJoSDl. nun....:.
~~d~"'2116... "
. .:",.OF.... 1BrM a1Y.....:... ~ ~... ~ . ...... . ".....lftI1
'-JIIiZ' ~
NO.nee -OF PUBLIC HEARIN6
ADPOM015
In fawr of request
-...... fer appo.tIan:
. 'V"." .
SiD..... .. .
At..... NIne: S t';rr~ (;I .C L~ 8,8.p~
==;~ :::;o:r:~:?'- - /J~ =
'T~Number: qb_ HI-I?/~
. - PhyaIQII AddnIes rI PiapIrIr' d1iI200 18It .
. .
CIfY" DENroN, 7ECAS CITY HALL WEIr · DBm3N. 1acAS N111 · IMO......, . (F)t40MS.7707
., Paz.....
.......-~ ~-- .......- . - ....
NOTICe OF PUBLIC' HEARING
ADP08-4>>II
The Pllnnlng'" .%0_ Ccnmllflkn ala. CItY of DenIan MIl bald . pdJIc ~ng an Wedneacfay,
Odaber 25. ~ to CXhkfer IIIIImg a r8CDl..._KIaIDn to City CD..., ClJhC:lbr~11JI en ...ndment 10
In Aftern8tMt DlMllQpment PIIIn" b III EnvInnnell'aly SInIIfwt Ama (EM). 11wt...dfnent would
allow the ~ at 4.083 ..... feet (OJ)9 ec:res) qf desio161bd m...... .. b' lft*nd ....bII8t
and n.p-. IE v.th 8.716 eqllBla f8et (0.16 __) r:I property t;t be d8llgn1llBd . UpI&nd HIbJbd
."on nL The 138.5 ... de Ia IDC8I8d ..... of ~ 35 EIIIt .... bGIh lid. of Wind
RIver ..... end ill wItin -'bofIlowd R8IIkIe.d..1 4 (."), NlIaIItiarhaod Re.Id_ .2 (NR-2),
Neighbalhaod RIIiIII1IBI ~. (MWu..12~ IIv;I Reg_I C8nIer Ca..,_dII DardMn (Ree-
~~~~ ~
The pubic "-III wi .... . 6:30 p.m. .. ht Oly Caln:I cr.tMn d CIy HII IuaItmIIIt 216. E.
McKinney ..... DInb1, T_. BIc8uu ygu ... PfIJPIitCY ... _ IIunIhtI (200) teet Of file
<<.1bJecf ~ IIIIt ~ MIl Zmhg ~ MUd .. lb ""'1It1w )aU ,.., IIjJout this.
~ - ~')'DU-ID fIfflMd ,..,CHmllb.fJeamg.. 'AlMe..fn 0Ider-. JDIr 0...... to be "ken Into
8CCOunl. ..un ... lam WfI't ,. ccmmenll prior to the _ of.... pabIIc ........ ("* In no ny
PIfJhibD )VU lam ....., .. ~ ." Ihe pIAJIic~) You..., fax I to III. number
IQQdad II.. baIbn <If.... II tJ.... 8drhu bekJw cr_ It tMln1Mnan:' -
PlllnnlllllllCl DntIQn 1111 DlplrIInItC
221 N. En 8T
DIntGn.,... 78IM
AlII: LarlIbIIDn, PNjIat IIII1J11lr
....... .... ....... to ....1IIe ... ......b.ge vi .......... II1II...... ... CIfIP9H the .
rwqueet. n. CanlMiIIiIm .. rnJannlCl 01" PIKl8nt d I'MpGftIefr in awort and in GIII*ition.
"~~
__ani fOr ..
"-e'" OM:
- Neunr 10 I'Iql.WIt Oppoeed >> NqUIIt
~
spture:
~ Pltnt'8d ,....:
MIlling AdRs8:
cay, SI8te Zip:
T~1t .....ber: .
FtIyIiclll Addreea of ~ WiIhIn 2fJO ~
Cl7YOFIJBrJDII4 ~ atYHAu.WESf. DINroH, 'fEICA8 7Bt · ""'lIt · (F)IID.:JtIi:7107
>>T NZ....
NOTICE OF PUBLIC HEARING
ADP08-0015
The PllImi'll and ZoI*tg Comn'inbn of 1he CIy fA 0enIgrJ will hClrd a: public heamg on WednesDy,
Octab&r 25. 2006. to CiOfI8ider mEllmg . recornmend9tion to CIty CoUIcII wncemhg an .".,Itnant m
an Altem9lMl Dav&II;Iprnent Plan b .sn &MrorHllWllBly SelJdIva Are8 (ESA). The lIn'Iencbenil: ~Id
Ilow 111" ramrnral or "",063 square ...,. (O.09 il!IIcru) d -Ignata:l mtIg&Iion area fir Upland Habitat
and rapIBce it wfIh 8,71 e 8CIL1t118 feet (0.15 1IlI17tIS) of ~ to be deII:gnaUed iIIlI Upland Habitat
milgdon IIJ'M_ The- 133.5 aaw site is Ir.ic:ab:Id I!CIIA d InIEnb:A, 35 E9ist along boIh lildea of W11ld
RIver Latwt and III wlthil Nrjg~ ReuIIntIaI 4 (NR-4). ~borhood Reriklenliar 2 (NR-2),
NeIg~rhaod ResidentIeI Mixed-.use {MRUlJ..12). SlId RegIonat Cer1l8r Commerclll Dawntcrtm (ReC-
D) zetnlng clslrlcI8.
The pabllc Maring 'Will stBrt .. 6:::.J p.m. in the C~ ~ ct&nilln af CIty Hall JOGEd8cj at 215 E.
~rmty sn.t, Denb:Irl. TexM. 8so&ust'.J'CU 0IIJ1 property rrfINn two fwnthd {2OOJ !Nt of the
~ proptNty. the fIfannmg fmfI .lM.YIg ~ woufd h w hear h~ }IOU fMI Bbout Ihi8
(18 ..
IICCOUl"t. rerum thlB form will yo..- 0JII'10lfInIs prier to IhB daI:8 of the PItJIc: hell1"lrl(l- [Thm in no wey
pmhibJts you fDm 8UendIng 8rJd IJSftidpatJng in the pm/jc I&uing.) Yoo may 1m: It to lIIe numbsr
Dc8ted 8t the b:itom or mal It 10 Ihe ~ bebY or ctop It d1 in-pnon:
PI.nnlng and Dev.Iopment De,... b.dIt
:221 N. En 8T
~ T.... 78201
Altn: lGrI BhlItonI PrGj"1IBnIgar
n... 'kInns .. uHd to ...1cuIIIb .... .-ctIIIiIg1 at ....dOlllltfl .... ~rt 8Ild GPPOII am
N1q....... 1lIe CofrmjB8ion i21lrtcrmed rI the percent or l8IPDnse& In aopport Met In opposftloo.
PIeeM cRI. Gne.:
Neuln!l1o req.-t ORJOle::l to reqll8Bl
JAding Addrass:
City, stat& 7Jp:
TeIeph:lne Number:
P~1caI Addtess of Ptttpetty wiIh!1 200 feet;
CITY OF DENTON, JUA$ CI'1'YtWJ. WEGt .. DENmtt,l'E)W; 1UJ1 . tal..34D..!l&4-t . (F) 94O.a4lI.77tI1
~ PIIZ Nutk>>
EXHIBIT 8
Letter of Intent
.' ~ : '1:..'-' -: .... ':' . .'
. . .,' ..:' :,.,,:", ..,;;'~"'.";.:~,'~::~.,:;\,~-_:~;~~:l,:,:,::{
;",,;':~'~~~~'..\.'.,;
.... ......... I...:. ,,:-
....t. ':':'," I: . ....1
. .' . '. -.
...' ~Ma l(I1ry'Ce~ AlCP" " '
'. ',':' "P18l1h1j\g:and Dev81~M'D1rectOr
H, ..:i~~~1' . "
". '. ". ;~~ 'AiMnd~E$.6.:~PRaqUl8t~r
.',:.;~.com:~.:~~ent'.
" '
. ' .
. ~.
:~. .'
.~ i.i .
. " ,_> :: <AUgust '.21 [ _.. .
.,'
~ I '... '..: . .
. " .~.
.. ,.'
.. . ....
.:., ..000rMl'Ca~r. . . '. . ...'. < :'. :'. ':.,' ,".','.'
. . '. , . PI_ f11id iIt8Ched .Ii eppllCallon 100 amended ESA ADP (lnduci!ntl.....i.'Wni.kw)for -':'.:'" .... .-.:/ :.. . :'
. .'-.'. .unlCo-m, ~'QeV8lopft1etrt., .1 believe the CIty lII8If will agree the pio~. ~.~'~~:" . .,' /:").:,:~: }"":"'~::' .:
....,: :........'(...::...~~;::r~=~;::~c;~~~~f-::-:.::\._::i;'..:~yi:~-:.
. fur Umcom ~ili8 forthcOming and will be impaCted by thisappllcltbV. __ . .... u:' ,.
" ", ~: .:.... '1'"
1"
- - I .
. .. ~ -. ': 'j' " .:
" : .. -:,':. ': '. ....
'I. .
. . '. ~ .
. .. .
. ',' ..' .
i:.:Q.:.:~~.:'.~~~~-'.. . .
-aile 'Princi I :' .
.' '. ,:,,'. ~ .'-
. .
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'~=~1~,'::~' ..
. :~:.-.'" '~" ..
.. . ,.1.' ,;.' I....
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: ~'.'.:' . .:~\~~ " <
II:
,I: ..~. . .
,:",\"-~.::~., ,~.~- , . .
." . . . .
... I'
:' ~
.:. ~!?'j~'Cffi;i:
..C_.Ju....,lnC~ . ~&~~i'lfI.....,~.C. ~~:~"~'~'~~'-
'::uc.i~'-"lnc. ClllAId1~_,1!C. CU~.I;.;, ......::':.,.
. ,..' ." ,~::, " __ .'.. . . . .. .' .;;};>:r;;~i~:~;;~rj;ii;~;f~[:;@l~~j~~f~~1.~~ti
,',:':- .
..... '... .
,:,,::':~l>~ >~.' ~~'.~'-'.~
~!V~~':i'; "~~ ;. :~~:..:
EXHIBIT 9
Site Photograph
EXHIBIT 10
Planning and Zoning Meeting Minutes
1
2
:I
4
:S
,
1
I
9
10
11
12
13
14
IS
lid
l'
)I
19
20
I
22
23
~
U
CaadDldtlll
"17
~:IIIiAlfGD A:ditlm wIl 'b$
IIIIID No.. " ...... ... ..,.-dn-' tJ III ~
~. .--.. PJ.m &f...snn 1 · SlIas1IiwtAl&
........waOI...,......... rJ"pa..~
II ...... fI- _If.......... ...... ,. .-
..... IIIWMI, _...... willa 47tl 1I(IIIIa'"
...... J5 ICIa ~ __............-........
............ t& SIdIDD..
IIL....~ 'I'II8IIi:)UI. tbI.......
....... Wtap _WDIIM aIlaw .__fA.
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PLANNING Ii ZONING 1tBGllLAR SBSSl0N1 OCTOBEIl2S1 2006
Page 21 - Page 24
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AMENDMENT TO
ORDINANCE 2006-138, AN ENVIRONMENTALLY SENSITNE AREA ALTERNATNE
DEVELOPMENT PLAN FOR APPROXIl\1ATELY 71.01 ACRES OF LAND LOCATED ON THE
SOUTH SIDE OF 1-35 EAST, SOUTH OF WIND RNER BOULEVARD AND WEST OF
UNICORN LAKE BOULEVARD, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE
(NRMU-12) ZONING DISTRICT AND A NEIGHBORHOOD RESIDENTIAL-2 (NR-2) ZONING
DISTRICT, AND LEGALLY DESCRIBED AS WITHIN THE M.E.P. & P.R..R. SURVEY,
ABSTRACT NO. 950 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING
FORA PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
A SEVERABILITY CLAUSE AND AN EFFECTNE DATE. (ADP06-0015)
WHEREAS, Brad Shelton has applied for an amendment to Ordinance 2006-138, which
previously approved an alternative development plan filed in the City's Plarming Department, a copy
of which is attached hereto and made a part hereof as Exhibit "A" (the Alternative Development
Plan), on approximately 71.01 acres of land, more particularly described in Exhibit "B" hereto (the
"Property"), located in a Neighborhood Residential (NR-6) zoning district; and
WHEREAS, on October 25,2006, the Planning and Zoning Commission recommended
approval of the requested amendment to the Alternative Development Plan to establish new
boundaries, as more particularly described as Exhibit C, attached hereto; and
WHEREAS, the City Council finds that the Alternative Development Plan, as amended
herein, is consistent with the Denton Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein.
SECTION 2. The requested amendment to the Alternative Development Plan is hereby
approved with the following additional conditions:
1. Allow the removal of 4,063 square feet (0.09 acres) of designated mitigation area for Upland
Habitat; and
2. replace it with 6,716 square feet (0.15 acres) of property to be designated as Upland Habitat
mitigation area.
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4.. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,OOO~OO. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5~ This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage~
PASSED AND APPROVED this the _ day of
, 2006
PERRY R.. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M..~.SNYDER~ CITYATTO Y
/-.-. .....-.--- ...---
l----..-..
,/BY:"~ , u.-
PAGE 2
EXHIBIT A
Environmentally Sensitive Areas Alternative Development Plan
The purpose of an alternative development plan (ADP) is to provide an option for developments that
do not meet the standards in the Denton Development Code (DDe) and that meet or exceed the
objectives of the Denton Plan and Development Code.
The applicant is requesting approval of an Alternative Development Plan for an Environmentally
Sensitive Area. Section 35.17.12 Alternative Environmentally Sensitive Area Plans in the Denton
Development Code allows the ADP procedure proposed here.
There is a total of71.01 acres ofESA designated property on this site. The applicant intends to
reclaim approximately 0.07 acres ofundeveloped floodplain, develop 0.18 acres of Riparian Buffers
and develop 22.68 acres of Upland Habitat. The proposed development will deviate from the
following Denton Development Code requirements:
1.. 35.17.7.A Undeveloped Floodplain Development Standards, Permitted Uses and
Activities. Residential development is not a permitted use in designated undeveloped
floodplain.
2. 35.17.8. Riparian Buffer and Water Related Habitat Development Standards.
Residential development is not a permitted use in designated riparian and water related
habitats..
3. 35.17.9 Upland Habitat Development Standards. Residential development shall be
designed to retain a contiguous fifty percent (50%) tree canopy, which shall remain
predominantly in its natural state.
The applicant will mitigate the deviations from the Denton Development Code by a mitigation plan
which provides for the preservation of 1.18 acres of Upland Habitat and the creation of 10.16 acres
of Upland Habitat, for a total of post-project Upland Habitat area of 11.34 acres. The Alternative
Development ESA Plan provides for Natural Zone Plantings and Social Zone Plantings..
The Natural Zoning Plantings will be planted with bare-root seedlings at a rate of350 per acre in the
area indicated in Attachment 3~
The Natural Zone constitutes approximately 8~21 acres, ofwhich 7.63 acres need to be planted. This
would provide approximately 2,671 bare-root seedlings for the Upland Habitat Natural Zone.
The Social Zone Plantings would occur along potential trail corridors in an area of approximately
3.13 acres and would be maintained to allow for longer sight distances for both aesthetic and safety
reasons. Tree plantings would consist of the same native species as the Natural Zone. However,
these trees would be larger than the bare-root seedlings planted in the Natural Zone and would be
planted at a rate of 50 trees per acre~ A walking trail would also be constructed that would meander
through the Social Zone.
PAGE 3
Exhibit "A"
Legend ~
" D Project Boundary A
Alternative ESA Plan
Proposed Upland Habrrat Crea1ionlPreservation .
,: Natural Zone
SOOalZone
. ,.\,'.:.. ,. Trail
~ PotentIaJ Water Related HatJital
o .500 1~OOO
I Feet
PAGE 4
Exhibit B
Envirorunentally Sensitive Area Metes and Bounds Description
:ENVI RON i\"IENl'A L S"ENSrnVl~ ~,\ RF;r\
OPLAND IIJ\BITi\T LIl\lITS
TRr\CT ONE
BEING ~~ 6.729 ACRE TR*~CT OF UNO SITU:\ TED IN THE ~f.E.P. & P.RR. SURV'EY?
ABSTR-\Cf NO. 950~ CITY. OF DENfON~ DENTON COUNTY~ TE"XAS~ AND BEING PI\RT OF A
136rSO ACRE TIt-\Cf OF L~ND DESCRIBED IN l\ DEED TO 'V1NDIt\!\:1MElt LTDr AS
RECORDED IN DENTON COUN11~ CLERK~S FllE NO~ 9S-ROO62520 OF THE REAL PROPERTY
RECORDS OF DENTON COlfNTY~ TEXASt S~-\ID 6.729 ACRE TRACT, Vr~ITH :BEARING BASIS
BEING THE EAST LINE OF 'VIND RI\;"ER ESTt\ TES, PHl\SE \'11, J\N ADDITION TO THE CITY
OFDENfON!, AS RECORDED "IN CAB"lNET p~ SLIDE 151-1520FTHEPUT RECORDS OF
DENTON COUNTY~ TEXAS~ ~~ND BEmG ~fORE PARTICUlARL ~{ DESCRIBED BY h>fETES
AND BOUNDS AS F()LLO\VS~
D EGISNING A T THE SOUTH"EAST CORNER OF SAID 136.50 :t\CRE TR.~cr AND AT AN ELL
CO"RNER OF A 20 t 38 ACRE TR,ACT OF LAND DESCRIBED:IN A DEE"O TO THE STl\ 1E OF
TEXAS AS RECORDED IN \~~OLllIvtE 4351 P~A.GE 12 OF THE DEED RECORDS OF DENTON
COUNTY', TE<:AS;
THENCE~ ALONG THE SOUTH LINE" OF S.AJD "136~50 A CR"E TRACT AND A NOR TH"lINE OF
SA 10 20t38 ACRE TR.\cr~ SOllTH 89 DEGREES 49 J\-lTNUTES .03 SEOJNDS WEST. A
DIST~CE OF 148.98 FEET TO A POINT FOR CORNER;
THENC~ O'lER .AND ACRO.sS S.~"ID 136.50 ~~CRE TR~CT~ TI-1E FOLLO\VING COURSES AND
Dl.\jT ANCES:
NORTH OJ DEGRF,F"~S 261\lINUTES 39: SECONDS EAST~ A DISTANCE" OF 157.48 FEET
TO A POINT FOR CORNER;
NORTH 76 DEGREES 05 IvUN'UTES 55 SECONDS "~EST~ }\ DISTi\NCE OF 1.57.43 FEEf
TO A POINT FOR CORNER;
NO"RTH 66 "DEGREES 11l\llNUTES 04 SECONDS \\fEST~ A DISTANCE OF 96.76 FEET
TO A POINT FOR CORNER;
SOlTfH 74 DEGREES 41 ~1rNUTES 15 SECONDS \V'EST~ A DISTANCE OF J 91".89 FEET
TO A POINT FOR CORNER:
NORTH 68 DEGREES 37 ~tIN'UTES 29 SECONDS \'tEST~ A DISTr\NCE OF 242.99 FEET
TO A POINT FOR CORNER;
SOUfH 3 t DEG"REES 20 fvltNlITES 24 SECONDS 'VES.T~ A DISTANCE OF 99.58 FEET TO
A POINT FOR CO"RNE"R;
SOUTH 13 DEGREES 48 ~fINUTES 47 SECONDS EI\ST~ ;\ DISTI\NCE OF 39.64 FEET TO
~~ POINT FO"R CORNER;
C:~DoOJmenI& 8Jld Se1tinga\hut&:Jtut.,local 8ertngs. T Mlpcnny IrMflPI Fiko6\0lK4~E8A EXHI B rr (2).d:e
Pa98 1 d7
PAGE 5
SOUTH 56 DEGREES 20 ~~IINlJTES 53 SE.CONDS EA.ST~ A DISTANCE OF 266.41 FEET
TO A POINT FOR CORNER~
SOUTH 00 DE.CREES 44 "'IINUTES 12 SEOJNDS 'VEST~ A DISTANCE OF '~t2S FEET TO
A POINT FOR CORNER:
SOUTH 89 DEG.REES 49 A{lNUTES 03 SECONDS WEST, A DISTANCE OF 345.53 FEIIT
TO A POINT FOR CORNER;
NORTH 11 DEGREES 13 ~rINtJTES 36 SECOI\roS WEST~ A D-ISTANCE O.F 177_29 FEET
TO A POINT FOR CORNER:
NORTH 00 DEGREES 17 ~'HNUlcS 30 SECONDS Et\ST! A DISTANCE OF4S7a25 FEET
TO A POTNT FOR CORNER;
NORTH 2~~ DEGREES 34 l\1INUTES "24 SECONDS \VEST~ ~~ DISTANCE OF 547..16 FEET
TO A POINT FOR CORNER;
NORTH 56 DEGREES 141vffNUTES 21 S.ECONDS WF.5T~ A DISTA NeE OF 268.52. FE.ET
TO A POINT FOR CORNER~
NORTH 27 DEGREES 311vt.INUTES 14 SECONDS Et\ST! A DISTANCE OF 35283 FEET
TO A POINT AT THE BEGINNING. OF A TANGENT CURVE TO THE RIGHT HA \~?ING A
CENrIt.-\L ANGLE OF 22 DEGREES 431\1IN.UTES 17 SECONDSr .~ .RADfUS OF 166.00
FEET~ANDA .LONG.CHORDTH~~T BEA.RS NORTH 38 DEGREES ~2l\1INUTES 53
SECONDS EA.ST~ L\ .DI.STl,NCE OF 65.40 FEET;
ALONG SAID Ti\NGENT CUR\tE TO THE RIGHT~ AN ARC DISTANCE. OF 65a8J FEET
TOA 'POINT AT THE BEGlNNING OFl\ COl\1POUND CURVE TO THE RIGHTH~l\'lING
A CENTR~LANGLEOF 38 DEGREES 3g28~i..A RADIlIS OF 66.0D-FEET, ANnA .LONG
CHORD THAT BtlA.RS NORTH 69 DEG.REflS 34 [\fINUTES 15 SECONDS I1~ST~ A
DISTr\NCE OF 43~69 FEET~
ALONG SAID CO~.1PtfND ClTR\'E TO THE RrGHT~ AN .ARC DISTANCE OF 44.5.3 FEET
TO A POINT AT THE BEGlNNIl'lG OF l\ CO~iPOUND ClrR\!E TO THE RIGHT Hi..\ VING
A CENfRALANO.LE OF9 DECREES 44 !\flNUTES 33 SECONDS~ A R~.DI.US OF 166.00
FEET,ANDl\ LONG CHORDTH;\T BE.\RS SOUTH 86 DEG.REES 13 ~'flNlrrES 45
SECONDS EA.ST!< .A DISTANCE. OF 2S. .19 FEET:
ALONG. SAID COt\,1POllND ClJR\'E TO THE .RIGHT~ /\N ARC DISTANCE OF 28~2J FEE.T
TO A POINT FOR CORNER~
SOUTH 28 DEGREES 48 }.,IlNUTES. 52 SECONDS Er\ST~ /\ DISTr\NCE OF 70.01 FEET TO
A POINT FOR CORNER:
SOurH 38 DEGREES 16 ~'flNUTES 29 SEO)NDS WEST~ A DISTANCE OF5150FEETTO
A POINT FOR CORNER~
C :'Oocuments and Seftingtlhutsoo-r1\LDcaJ Settilgs.T empaalY Il1emet FilK'OL.K~~SA EXHI B IT ~}.dx
Page 2 a7
PAGE 6
NORTH 77 DEGREES 50 ~lINtlTES 34 SECON.DS \\~EST~ A DISTANCE OF 27 ~55 FEET
TO A POINT fOR CORNER;
SOUfH87 DEGREES 00 1ttIINUTES 32 SECONDS WEST, A DISTANCE OF 24.76 FEET TO
A POINT FOR CORNER:
NO.RTH 8S DEGREES 36 ~1INUTES 13 SECONDS 'VEST, A DlST~.\NCE O.F 26a40 FEET
TO A POINT FOR O)RNER~
.NORTH 89 DEGREES 10 lvrtNUTES 36 SF~ONDS VlEST; l\ DISTANCE OF 14.82 FEET
TO A POINT FOR CURNER:
SOUTH7S DEGREES 33 ~ffINUTES 56 SECONDS \VEST~I\ DISTt\NCE OF IS~7S FEET TO
A POINT FOR CORNER;
SOLTrH 51 DEGREES J 1 ~fIINUTES 57 SECONDS \\fEST~ A DISTANCE OF 23.41 FEET TO
A PO.INT FOR CORNER~
SOlTfH 24 DEGREES 01 A,1INUTES 15 SECONDS \\~ES.T~ l\ DISTANCE OF 25.09 FEET TO
A POINT FOR COlmER;
SOUTH 28 DEGREES 43 A<UNllTES 07 SECONDS \VES.T~ l\ DISTANCE OF 31.68 FEET TO
A POINT FOR CORNER;
SOtrrH lO .DEGREES 49 A~fINUTES 47 SECONDS \\1;ST, A DISTANCE OF 2R43 FEET TO
A POINT FOR CORNER;
SOlrrH 03 DEGREES 18 ~'lINUTES 40 SECONDS WEST~A DISTANCE OF 31~91.FE.E.TTO
A POINT FOR CORNER~
SOlTfH 05 DEGREES 31 ~'llNl1TES 10 SECONDS Rl\ST~ A DISTANCE OF 29.83 FEET TO
L\ PO.INT FOR CORNER~
SOUfH 24 DEGREES 11 ~.tINUTES 38 SECONDS FAST~ A DlSTA.NCE OF 27.26 FEET TO
A POINT FOR CORNER;
SOUfH 33 DEGREES 52 It-1JNUIES 23 SECONDS E~\ST~ t\ DIS.r ANCE OF 26.04 FEET TO
A POINT FOR CORNER~
SOUTH 54 DEGREES 29 ~'lINlJTES 02 SECONDS EA.ST~A DISTAN.CE OF26~04 .FEETTO
A POINT FOR CORNER;
SOUfH 48 DEGREES 34 A-fINUTES 40 SE(;ONDS E:\ST~ A DISTANCE OF 15~ 18 FEET TO
A POINT FOR CORNER:
SOUTH. 58 DEGREES 49 ~'fINUTES OJ SECONDS a-\ST~ A DlST~-\NCE OF 5~78 FEET TO
A POINT FOR CORNER~
C{IDoCUf118n18 and Settinga'lhlG:1lt1 Lees' getth9~;T empaary htemet Ales\OlK..fjEBA EX HI B IT (2).d:e
PQ99 3 <<1
PAGE 7
SOurH 58 DEGREES 4& ~'fINUTES S3 SECONDS &~STt /\ DISTANCE OF 23.07 FEET TO
A 'POINT FOR CORNER~
SOUfH 38 DEGREES 39 ~lINUTES 03 SECONDS EAST1 A DISTANCE OF 106.41 FEET
TO A POINT FOR CORNER;
SOlTfH 42 DEGREES 26 ~llNUTES 33 SECONDS EAST; A DISTANCE OF 112~80 FEET
TO A POINT FOR CORNER~
SOUTH 29 DEGREES 49 l\.fINLlTES 44 SECONDS E~~ST~ l\ .DISTANCE OF J 51.64 FEET
TO ~~ POINT FOR CORNER;
SOUfH '19DEG:REES44 l\.IINLTfES 04 SE(UNDS E~~ST~~-\ DL'iI'ANCE OF 247.69 FEET
TO A POINT FOR CORNER~
S()UfH 08 DEGREES 16 P..IINUTES 07 SECONDS EASTt.A DISTANCE OF 122.33 .FEET
TO A POINT FOR CORNER:
SOUfH 31 DEGREES 11 lvnNUTES 01 SECONDS E.~STt t\ DISTANCE OF 182..33 FEET
TO A PO:INf FOR CORNER;
SOLTrH 31 DEGREES 11 A,IINlTfES 02 SECONDS a~ST,.~ DISTANCE OF 136..74 FEET
TO .~~ POINT FOR CORNF..R;
SOUTH 89 DEGREES 10 l\,tINUTES 43 SECONDS EAST, A DISTANCE OF 70.73 FEET TO
,\ POINT FOR CORNER:
sourH 27 DEGREES 17 A.flNUTES 17 SEl~ONDS EASTt A DIST~>\NCE OF 51.28 FEET TO
A POINT FOR CORNER;
SOtJrH 46 DEGREES 04 ~-rINUTES 'j4 SECONDS E~STt A DIST...\NCE OF 80.42 FEET TO
A POINT FOR CORNER~
SOUTH 60 DEGREES 06 ~-I"INUTES 47 SECONDS EAST~ .A DISTANCE OF lOS.58 FEEr
TO l\ POINT FOR CORNER;
NORTH SJ DEGREES I ( ~1INlfTES 14 SECONDS E-\ST~ l\ DlST1\NCE OF 117.87 FEET
TO A~ POINT FOR CORNER~
NORTH 51 DEGREES 33 l\'IINU1ES 28 SECONDS E'\ST.. ~A" 'DIST ANCE OF 127~72 FEET
TO A POlNT FOR CORNER~
NORTH 50 DEGREES 51 ^,'UNlJTES 59 SECONDS EAS'r~ ~^' DISTANCE OF 36.86 FEET TO
A POINT FOR CORNER:
NORTH 83 DEGREES 37 MINlTTES 51 SECONDS EA.ST, A DlSTi\.NCE O'F 54.09 FEET TO
A POINT FOR COR.NER~
C~OoOJment& and Settingaihut&cnrftLocaJ S&1tng&.T emc<<ary trlem~ Fite&'OLK4~~ESA EXHI B JT (2)dcc
Page 4a 7
PAGE 8
SOUfH 73 DEGREES 58 ~fIlNUTES 23 SECONDS EAST~ A D!ST~.\NCE OF 24.73 FEET TO
A POINT FOR CORNER;
SOUTH 38 DEGREES 0& ~IINUTES41 SECONDS \VEST~A DISTANCE OF7~75 FEET TO
A .POINT FOR CORNE.R~
SOUTH 14 DEGREES 42 l,..fINtlTES 11 SEtUNDS E.i\ST~ A DISTi\NCE OF 37~9f FEET TO
A POINT FOR CORNER~
SOUTH 14 DEGREES 42 ~1INUTES 10 SECONDS EASTt A DI~1T ANCE OF 5235 FE.ET TO
A POINT FOR CORNER;
SOUTH 44 DEGREES to ~ff1NUTES.41 SECONDS EAST!J\ DISTANCE OF 10249 FEET
TO A POlNT FOR CORNER~
SOUTH 50 DEGREES 3& !vfINUTES 20 SECONDS 11A.ST, A DISTANCE OF 176.64 FEET
TO l\ POlNT IN THE EA.ST lINE OF S.l\JD 136~ 50 ACRE TRACT ;\ND i\ ""EST lINE o.r
Si-\ID20J.38 ACRE TRi\cr;
THENCa ALONG THE a-\ST L.INE. OF S~~ID 136.50 ACRE .Tlt-\CT ~~ND l\ \VEST LINE OF Sl\ID
20.L3S ACRE TR~CT+ SOUTH 02 DEGREES 44 ~'UNlTTES OS SECONDS \VEST, A DISTANCE OF
71.87 FEET TO THE.I'()I.NT ()f DEGfNNIN(; AND CONT~\INING 6..729l\CRES OF L\ND~
t\.fORE OR LESS.
l'R.ACT 1~\V o.
BEING A 4.625 ACRE TR:\CT OF LAND SITUATED IN THE ~1.E.P. & P.RR~ SUR\'EY~
,A.BSTlV\CT NO~ 950. CITY OF DENTON~ DEN~rON COUNT)~~ TEXASt AND BEING PI\RT OF 1\
.136..50 ACRE TR-\CT OF u\ND DESCRIBED IN A DEED TO \\lJNDJA~1},1ER~ LTD~ .-\S
RECORDED IN DENTON COUNTY CLERK~ S FILE NO.. 9S-ROO(~520 OF THE REAL PROPERTY
RECORDS OF DENTON COlTNTY, TEX~~S.f SA.ID 4.625 ACRE T~~CT~ \VITH .Ba~RING BA.SlS
BEING THE &\ST LINE OF WIND RI\rER EST,\ TES~ PRASE \'IL i\N ADDITION TO THE CIT'\~
OF DENTON~ AS RECORDED IN C~A.nINEf p~ SLID.E .151-152. OF THE PL-\ T RECOR.DS OF
DENTON COUNTI~9 TE.X:-i-\S~ i\ND BEING ~10RE PART[CLJL~RL'Y DESCRIBED BY ^1E1ES
~~.ND BOUNDS AS FOLLO\'<~S:.
(~O~I!lIENC1N(;. AT THE SOUTHIi~ST CORNER OF S.L\ID 136.50 ACRE TR-\Cf AND AT AN
ELLCORNEROFt\ 20L38i\CRE 11U\CTOF L\NDDESCRIBED IN A DEEO.TOTHE ST4~TE
OF lEX AS AS RE(~ORDED INVOLU~<IE.435t P.\GE t2.0FTHE DEED RECORDS OF D.ENTON
OJUNn~~ TEXAS;
THENCE~ O"ER AND ,~CR.OSS SA~JD 136.50 ACRE TRt\CT, NORTH 50 DEG.REES 13 MINllTES
55 SECONDS \VEST~.A DlSTA~NCEOF20t3~20 FEET TO THE POINT OI~~ DE;GlNN.ING.;
THENCa CONTINUING OVER AND "ACROSS S~-\ID 136.50ACRE T~~cr~ THE FOLLO\VING
COURSES AND DISTANCES:
c.~~ocument& and SelIingt\huts.:nri.loca' Settilgs. T IIlmpCOIIY bwme1 Fi~i\OlK4~EBA EXHt B rr (2j.@
Page .5 d 7
PAGE 9
NORTH 66 DEGREES 27 ~11NlITES 09 SECONDS \VEST~ A. DISTANCE OF 71...66 FEET
TO A POINT :FOR CORN'ER;
NORTH 49 DEGREES 04. NIlNUTES 41 SECONDS \llEST~ t\ D-ISTl\NCE OF 48.14 FEET
TO ..A.. POINT FOR CORNER:
NORTH 15 DEG:REES 19: !\;UNtfTES 34 SECONDS E.~ST~ A DISTANCE OF 132.23 FEET
TO A POINT FOR COR,NER;
NORTH 68 DEGREES 37 ~1INUTES IS SECONDS 'VEST~ A 'DIST1\NCE. OF 146~80 FEET
TO A POINT 'FOR CORNER;
NORTH 71 DEGREES 36 ~1INUTES 58 S ECONDS 'VEST~ ~\ DISTANCE OF 123.77 FEET
TO A POINT IN THE \VEST LINE. OF i\FORESA.ID 136~50.A eRE TR~CT;
THENCE~ ALONG THE \\~EST UNE. OF SA ID j 36.50 ACRE TR.;\CT~ NORTH 00 DEGREES 27
1\1INtrfES 30 SECONDS R~ST~A 'D1STANCE OF 313.58 FEBT'TOA POINT FOR CORN'E~
THENC~ O\'ER i\ND /\.CROSS SAID 136.50 .~CRE TRt\CT~ THE FOtLO\VlNG COllRSES AND
DISTANCES~.
NORTH' 87 DEG:REES 43 A,.IfNUTES 22 SECONDS E~ST~ A DIS1~ANCE O'p 348.3 J FEET
TO A POINT FOR CORNER~
SOUTH 37 DEGREES 34 A'lINUTE5 43 SECONDS E~S.T~ A DLST~.\NCE OF 107 .45 fEET
TO A POINT FOR (URNER~
SOUfH 56 DEGREES 06 1,llN'UTES 05 SE.CO'NDS a.\ST~ .~ DISTANCE OF 101.24 fEET
TO A POINT FOR CORNER;
SOUfH 35 DEGREES 57 ~-lIN1ITES 01 SECONDS FAST~A DISTANCE OF 3.93 FEET TO
A POINT AT THE BEGINNING OF A T~-\NGEN'T CURVE TO THE RIGHTH~~VIN'GA
CENTRAL l\NGLE OF 4 t DEGREES 2.6-l\.1INlJTES 1.0 SECONDS~ A Ri\DIUS OF 86.00
FEE.T~ANDA LONG CHORDTH:\T BE~\RS SOlTTH 15 DEGREES 13 ~<nNUTES 56
SECONDS E~ST~ l\ DI.sT.~NCE OF 60.85 FEET~
A LON G SAID L.\NGENT ClTR\rE TO THE RIGHT, AN ARC DIST~;\NCE OF 62.20 FEET
TO A POINT AT THE BEGINNINO' OF 1:\ COMPOUND CUR\rE TO THE RIGHT HAVING
~A CENTR~L.ANGLE OF 22 DEGREES 02 ~IINUTES 05 SECDNDS~ A R~DIUS OF 166.00
FEET"ANDA LONG CHORDTH~.\T BE/\RS SOUTH 16 DEGREES 30 ~~[lNUTES 12
SECON'DS \VEST, A DIST~~NCE OF 63~45 FEET~
~~LONG Si\ID CO~IPOUND CURVE TO THE RIGHT,l\N ARC Dl~TANCE OF 63.84 FEET
TO A~ POINT FOR CORNER:
SOUfH 27 DEGREES 31 ~'IINUTES 14 SECO.NDS 'VEST~ /\ DlSTA.NCE OF J74~77 FEET
TO A POINT FOR COR.NER;
C-~lOOOJrne:nta and Se1tingr.tJut&tnrtlocal Se1fhga T em~ar1lrtHmet Fih6\OLK4~ESA 'EXHI B IT (2).dx
Page6d7
PAGE 10
THENCE, SOUTH 28 DEGREES 2.9 ^",llNUTES 24 SECONDS \VEST~ A DISTANCE OF
1244 FEET TO THE POINT OF BEGINNING AND CON1:~fNING 4..625 ACRES OF L-\N.D~
~tORE OR LESS.
PAGE 11
EXHIBIT C
ENVIRONMENTAL SENSITIVE AREA
UPLAND HABITAT LIMITS
(AMENDED)
TRACT ONE
BEIN'O A 6.729 ACRE TRACf OF LAND SITUATED IN THE M.E~P.. & P ~.RJt, SURVEY!!
ABSTRACT NO. 950, CITY OF DENTON, DENTON COUNT'{, TEXAS, AND BEING PART OF A
136~SO ACRE TRACT OF LAND .DESCRIBED IN A DEED TO WINDJAMM'ER, L TO.. AS
RECORDED IN DENTON COlJNTY CL'ERK'S 'F1LE NO~ 98-R0062520 OF THE REA'L PROPERTY
RECOR'DS OF DENTON COUNTY. TEXAS, SAID 6~729 ACRE TRACT, 'VITH BEA'RING BASIS
BEING THE EAST LINE OF WIND RIVER ES1"A TES~ P'HASE VII. A'N ADDITION TO THE CITY
OF DENTON, AS RECORDED IN" CABINET P, SLIDE 151~152 OF THE ,PLAT RECORDS OF
DENTON COUNTY) TEXAS, AND BEING ?\10R.E P A.RTICULA,RL Y DESCRIBED BY METES
AND BOUNDS AS FOL'LOWS:
BEGINNING AT THE SOUTHEAST CO'R~1:R OF SAID] 36.50 ACRE TRACT AND AT AN ELL
CORNER OF A 20] .38 ACRE TRACT OF LA.ND DESCRIB.ED IN A DEED TO THE STATE OF
TEXAS AS RECORDED IN VOLUME 435, PAGE 12 OF THE DEED RECORDS OF DENTON
COUNTY ~ TEXAS;
THENCE~ ALONG TIlE SO'UTII LINE OF SAID 136..50 ACRE TRACT A'ND A NORTH L1N'E OF
SAID 201.38 ACRE TRACf, SOUTH 89 DEGREES 49 MINUTES 03 SECONDS WEST, A
DISTANCE OF 148..98 FEET TO A POINT FO'R COR.NER;
TIIEN'CE, O\'ER AND ACROSS SAID 136.50 ACRE TRACT, THE FOLLOWING COURSES AND
DISTANCES:
NORTII 03 DEGRE.ES 26 MINUTES 39 SECONDS EAST, A. DISTANCE OF 157.48 F.E'ET
TO A POINT FOR CORNER;
NO.RTH 76 DEG.REES 05 MINUTES 55 SECONDS WEST~ A DISTANCE OF 157~43 FEET
TO A POINT FO.R CORNER;
NORTH 66 DEGREES 11 M.IN'UTES 04 S.ECONDS WES1~t A DISTA.NCE OF 96..76 FEET
TO A POINT FOR CORNER;
SOUTH 74 DEGREES 41 MINUTES 15 SECONDS \VEST, A DISTANCE OF 1. 91.89 FEET
TO A POINT FOR CO.RNER~
NORTlI 68 DEGREES 371vfmUTES 29 SECONDS \\~EST) f\ DlST.,:\N.CE OF 242.99 :FEET
TO A POINT FOR COR'N.ER;
SOlfrfI 31 .DEGREES 20 MIN'Ul'ES 24 SE.CONDS WEST'~ A DIST~ANC.E OF 99,58 FEET' TO
A POINT FOR CORN'E'R;
SOtJTH 13 DEGR.EES 48 MINlJTES 47 SECONDS EAST, A DIST-A'NCE OF 39~64 FE.ET TO
A POINT FOR CORNER;
1:\SlD\UNICORN\0219B501\sdata\ESA EXH tBtT Al TE RNA TE.doc
Page 1 of 7
PAGE 12
SOUTH 56 DEGREES 20 MINUTES 53 SECONDS EAST, A DISTANCE OF 266.4] FEET
TO A POINT FOR CORNE.R;
SOUTH 00 DEGREES 44 MINUTES 12 SECONDS WEST, A DISTANCE OF 2~28 FEET TO
A POrNT FOR CORNER;
SOUTH 89 DEGREES 49 MINUTES 03 SECONDS WEST, A DISTANCE OF 345..53 FEET
TO A POINT FOR CORNER;
NO.RTH 11 DEGREES 13 MINUTES 36 SECONDS \\lEST) A DISTANCE OF 177..29 FEET
TO A POINT FOR CORNER;
NORTH 00 DEGREES 27 MINUT.ES 30 SECONDS EAST, A DISTANCE OF 487.25 FEET
TO A POINT FOR CORNER;
NORTH 28 DEGR,EES 34 MINUTES 24 SECONDS WEST) A. DISTA.NCE OF 547416 FEET
TO A POINT FOR CORNER;
NORTH 56 DEGREES 14 MINUTES 2] SFCONDS WEST. A DISTANCE OF 268..52 FE.ET
TO A POINT FOR CORNER;
NORTH 27 DEGREES 31 MINUTES ]4 SECONDS EAST, A DISTANCE OF 352..83 FEET
TO A POINT AT THE BF:OrNNING OF A TANGENT CUR.VE TO TI1E RIGHT HA VINO A
CENTRA.L AN.GLE OF 22 DEGREES 43 ~1IN-U1tS 17 SECO.NDS, A RADIUS OF 166~OO
FE.ET, AND A LONG CHORD TI1A T BEA.RS NORTI-I 38 DEGREES 52 MINUTES 53
SEe.ONDS EAST, A DISTANCE OF 65.40 FEET~
ALONG SAID l~ANGE.NT CU.RVE TOT.HE RlGHT, AN ARC DISTANCE OF 65~83 FEET
TO A POINT AT l'lIE BEGINNING Or"" A COMPOUND CURVE TO n.IE R.IGI-IT fIA VING
A CE.NTRAL A.NGLE OF 38 [JEGR.EES 39f28", A ItADIUS OF 66.00 FEET, AND A LONG
CHORD THAT BEARS NORTH 69 DEG.R.EES 34 MJNUTES ] 5 SECONDS EAST, A
.DISTANCE OF 43~69 FEET; .
ALONG SAID COMp.UND CURVE. TO THE RIGHT, AN ARC DISTANCE OF 44~S3 FEET
TO A POINT AT THE BEGINNING OF A COM.POUND CURVE TO TI~rE RIGHT HA V.ING
A CE.r,TTRAL ANGLE OF 9 DEGREES 44 MINUTES 33 SECONDS, A RADIUS OF 166~OO
FE.ET, ;\N.D A LONG ClIORD TI~IA T BEARS SOUTH 86 DEGREES 13 MINUTES 45
SECON.DS EAST'I A Dls~r ANCE OF 28~ 19 FEET;
Al,ONG SAID CO!\1POtf1'JD CtJRVE TO TI-IE RIG}lT~ A~J ii-R.C nrST ANCE OF 28.23 FEET
TO A POINT FOR CORNER;
SOUTH 28 DEGREES 48 MINUTES 52 SEC01\lDS EAST, A DISTANCE OF 70.01 FEET TO
A POINT FOR COI{NER~
SOUTI1 38 .DEGREES J 6 I\1INUTES 29 SECONDS \VEST, r\ DISTANCE OF 53..50 FEEt"f TO
A }lOINT FOR COI~NER;
I :\SlO\UN I CORrf~2198501\.sdata\ESA EXH ra fT AL TE.RNA TE .doc
Page :2 of 7
PAGE 13
NORTH 77 DEGREES 50 MIN'UTES 34 SECONDS WESTt A DISTANCE OF 27.55 FEET
TO A POINT FOR CORNER;
SOUTH 87 DEGREES 00 MINUTES 32 SECONDS WEST, A DISl A'NeE OF 24.76 FEET TO
A POINT FOR CORNER;
N'ORTH. 85 DEGREES 36 MlNUTES 13 SECO'NDS WEST, A DISTANCE OF 26.40 FEET
TO A POINT FOR CORNER~
NORTH 89 DEGREES 10 MINUTES 36 SECONDS W'EST, A DISTANCE OF 14.82 FEET'
TO A POINT FOR CORNE'R;
SOUTH 75 O'EGRE-ES 33 MINUTES 56 SECONDS WEST. A l)ISTANCE OF 18.78 FEET TO
A POINT FOR CORNER.;
SOUTH 51 DEGREES 31 MINUTES 57 SECONDS WEST, A DISTANCE OF 23~41 FEET TO
A POINT FOR CORNER;
SOUTH 24 DEGREE.S 01 'M"lNUTES ] 5 SECONDS WEST, A DIST'ANCE OF 25 ~09 FEET TO
A POINT FOR CORNER;
SOUTII 28 DEGREES 43 J.r1INUTES 07 SECONDS WEST~ A DIST ANC'E OF 31 ~68 FEET TO
A POINT FOR CORNER;
SOUTH 10 DEGREES 49 MINUTES 47 SECONDS WEST~ A DISTANCE OF 28~43 FEET TO
A POINT FOR CORNER;
sourn 03 D'E.O'REES 18 f\1lNUTES 40 SECONDS \VEST, A DISTANCE OF 37~92 FEET TO
A POINT FOR CORNER;
SOUTH 05 DEGREES 31 MINUTES] 0 SECON.DS EAST, A DISTANCE OF 29~83 FEET TO
A POINT FOR CORNER,;
SOUTH 24 DEO-REES 11 ?tv11NUT'ES 38 SECONDS EAST~ A DISTANCE OF 27..26 FEET TO
A POINT FOR CORNER; ,
SOUTIJ 33 DEGREES 52 MlNUTE.S 23 SECONDS EAs~r, A DISTANCE OF 26~04 FEET TO
A POINT FOR CORNER.~
SOlITH 54 DEGREES 29 \1INtJTES 02 SECON'DS El\ST~ /\ DlSTi\NCE OF 26~04 FEET TO
A POIN'T FOR CORNER;.
SOtJTl,1 48 DEGREES 34 !vIINlJTES 40 SEe'ONDS EAST~ A D.IST ANCE OF ] 5.18 FEET TO
A POINT FOR CORNER;
SOUTH S8 DEGRE.ES 49 ~1INUTES 01 SECONDS EASTt t\ DIST/\NCE OF 5~78 FEET TO
A POIN~r FOR (~ORNER;
f :\SLO\UN1CORf\f~0219850 1\sdala\ESA EXH! BIT AL TE RNA TE .doc
Page 3of7
PAGE 14
SOUTH 58 DEGREES 48 MINUTES 53 SECONDS EAS~r, A DISTANCE, OF 23..07 FEET TO
A POINT FOR CORN'ER;
SO'UTH 38 DEGREES 39 ~1INUTES 03 SECONDS EAST, A DISTANCE OF 106..41 FEET
TO A POINT FO'R CORNER;
SOUTH 42 DEGREES 26 ~1INUT,ES 33 SECONDS EAST, A DISTANCE OF 112~80 P'EET
TO A POINT FOR CORNER;
SOUTll.29 DEG,R'E'ES 49 MINUTES 44 SECONDS ,EAST, A 'DlSTA',NCE OF 151.64 'FEET
TO A POINT FOR CORNER;
SOUTl119 DEGREES 44 MINUTES 04 SECONDS EAST, A DISTANCE O,F 247.69 FEET
TO A POINT FOR CORNER;
SOUTH' 08 DEGREES 16 MINLTTES 07 SECONDS EAST, A DISTANCE OF 122.33 FEET
TO A POINT FOR CORNE,R;
SOunl31 DEGREES 11 ~1INUTES 0] SECONDS EAS'T, A D1STANCE OF 182~33 FEET'
TO A POINT' FOR CORNE'R;
SOUTI~ 3] DEGREES 11. ~tIN'UTES 02 SEC'ONDS EAST, A DlSTA,NCE OF 136.74 FEET'
TO A P'OINT FOR CO'RN'ER;
SOUTH 89 DEGREES 10 MTNU'TES 43 SECONDS F.ASl'f, A DIST A.NeE O:F 70..73 FEET TO
A POINT FOR CORNER; .
SOUllI 27 D'EGREES 17 MINU'TES 17 SECONDS EAST~ A DISTANCE OF 51 ~28 FEET TO
A POINT FOR COR'NER;
SOUTH 46 DEGREES 04 MINUTES 14 SECONDS EAST. A DISTANCE OF 80..42 FEET TO
A POINT FOR CO'RNER;
SQuro 60 DEGREES 06 MINUTES 47 SECONDS EAST, A D.JSTA'NCE OF 108~S8 FEET
TO A POINT FOR CORNER;
NORTH 83 D:EGREE,S 11l\1INUTES 14 S'ECO'NDS EAST" A D1STANCE OF 117.87 FEET
TO A POINT FOR CQRJ."1ER;
NORTfl 51 DEGREES 33 !v1INUTES 28 S.ECONDS Et"\ST,.t\ DISTANCE OF 127..72 FEET
TO A POINT FOR CO~NER;
NORTH 50 DEGREES 51 ~1:rNUTES S9 SECONDS EAST, A DISTANCE OF 36.86 ,FEET TO
A POINT FOR CORNER;
NORTll83 DEGREES 37 !\1INUTES 51 SECON'DS EAST, t\ DISTANCE OF 54~09 FE,ET TO
A POINT FOR (;OR,NER;
I ~'SLD\UN1CORN\02198501\sdata\ESA EXH tBJT ALTER NATE .doc
Pagtt4of7
PAGE 15
SOUTH 73 DEGREES 58 MINUTES 23 S,ECONDS EAST, A DISTANCE OF 24.73 FEET TO
A POINT FOR CORNER;
SOUTH 38 DEGREES 08 MINUTES 41 SECON.DS \VEST~ A DIST ANC'E OF 7.75 FEET TO
A POINT FOR CORNEH..;
SOUTH] 4 DEGREES 42 MINUTES 11 S'ECONDS EAST, A DISTANCE OF 37.91 FEET TO
A POINT FOR CORNER;
SOUTH 14 O'EGREES 42 MINUTES 10 SECONDS EAST, A DISTANCE OF 52.35 FEET TO
A :POINT FOR CORNER;
SOUTH 44.DEG.REES 10 MINUTES 41 SECONDS EAST, A D1STANCE OF 102~49 FEET
TO A POINT FOR COR,NER;
SOUTH 50 D'EGREES 38 MINUTES 20 SECONDS EAST, A DISTANCE OF 176~64 FEET
TO A POINT IN THE EAST LINE OF SAID 136.50 ACRE TRACT AND A \VEST LINE OF
SAID 20] .38 ACRE TRACT;
THENCE, ALONG THE .EAST LINE OF SAID 136~50 A.eRE TRACT AND A WEST LINE OF SAID
201.38 ACRE TRACT, SOUTH 02 DEGREES 44 MINUTES 08 SECONDS WEST, A DISTANCE OF
71.87 FEET TO THE POINT OF BEGINNIN'G AND CONTAINING 6.729' AC.RES OF LAND,
MORE OR LESS..
l~RACT TWO
BEING A 4~686 AC,RE TRACT OF lAND SITUATED IN THE M~E~P. & P~.R.R. SURVEY,
ABSTRACT NO. 950, CITY OF DE.NTON, DEN~rON COU'NTY, T.EXAS, A'ND BEING PART OF A
] 36.50 ACRE TRACT OF LAND DESCRmED IN A DEED TO WINDJA~fMER, LTD. AS
RECORDED IN DENTON COUNTY CLERK '5 FI:LE NO. 98-R0062520 OF THE REAL PROPERTY
RECORDS OF D.ENTON COUN'TY. TEXAS, SAID 4.686 ACRE TRACT, WITH BEARING BASIS
BEING THE EAST LINE OF \VIND RIVER 'EST A TESt PHASE VII, AN ADDITION TO THE CITY
OF DENTON, AS RECORDED.lN CABINE1~ P, SLIDE IS] -152 OF Tl1E PLAT RECORDS OF
DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIB.ED BY METES
AND BOUNDS AS FO'LLOWS:
COl\fl\lENC1NG AT THE SOUTHEAST CORNER OF SAID .136.50 ACRE TRACT AND AT AN
ELL CORNER OF A 201.38 ACRE TRACT OF LAND DESCRIBED IN A O:.EED TO TIiE STATE
OF TEXAS i\S RECORDED IN \."OLU~1E 43S~ PAGE 12 OF THE DEED RECORDS o'p DE.~70N
COUNTY~ TEXAS;
THENCE, OVER A1\"fD ACROSS SAID 136~SO ACRE TRACT~ NORTrJ 50 DEGREES] 3 MINUTES
55 S1:~CONDS \VESTt A DlSTA~NCE. OF 2013~20 F'EE1~ TO THE POlNT OF HEGll'~ING;
Tl-JENCE, C.ONTfNUTNG OVER. A'NO ACROSS SAID 136.50 ACR.E TRACT, TH'E FOLLOVv'ING
COURSES AND DISTANCES:
J : l.$ LO\U Nt CORN\02198501\sdata\E SA EXH 16 IT ALTERNATE .doc
Page 5 of 7
PAGE 16
NOR 111 66 DE.GREE.S 27 MINUTES 09 .SECONDS \VEST, A DISTANCE OF 71.66 FEET
TO. A POINT FOR CORNER;
NORTH 49 DEGREES 04 MIN.UTES 41 SECONDS \'lEST, A DISTA.NCE OF 48.14 FEET
TO A POINT FOR CORNER;
NORTH 15 DEGREES 19 MINUTES 34 SECONDS EAST, A DISTANCE OF 76.17 FEET TO
A POINT fOR C:ORN.ER;
.NORTH 56 .D.EGREES 16 MINUTES 43 SEC.ONDS \VEST, A DISI ANCE OF 240.62 FEET
TO A POINT FOR CORNER;
NORTH 71 DEGREES 36 MINUTES 58 SECONDS WEST~ A DISTANCE OF 41..31 FEET
TO A POINT IN THE VlEST LINE OF AFORESAID 136.50 ACRE TRACT;
THENCE, ALONG THE W.EST LINE O.F SAID 136~50 ACRE TRACT, NORTH 00 DEGREES 27
MINUTES 30 SECONDS EAST, A DISTANCE OF 311..12 FEE.T TO A POINT FOR CORNER;
THENCE, OV.ER AND ACROSS SAID 136.50 ACRF~ TRACT, TI-IE FOLLO\VTNG COURSES AND
DISTANCES:
SOUTH 89 DEGR.EES 23 MINUTES 28 SECONDS EAST, A .DISTANCE O.F 363.59 FEET
TO A POINT FO.R CO.R.NER;
SOUTH 37 DEGREES 34 MINUTES 43 SECONDS EAST, A DISTANCE OF 82~.Ol FEET TO
A POINT FOR CORNE..R;
SOUTH 56 DEGREES 06 MINUTES 05 SECONDS EAST, A DISTANCE OF 101.24 FEET
TO A POINT FOR CORNER;
SOUTH 35 DEGREES 57 MINUTES 01 SECONDS EAST, A DISTANCE OF 3~93 F.EET TO
A POINT AT THE BEGI~~ING OF A Tr\NGE.NT CURVE TO THE RIGHT HAVING A
CENTRAL ANGLE OF 4 J DEGREES 26 MINUTES 10 SECONDS1 A RADIUS OF 86.00
FEET~ AND A LONG CIIORD TliA T BEARS SOlJTl.I 15 DEG.REES 13 1\1lNUT.ES 56
SECONDS EAST, A DISTANCE OF 60..85 FEET;
ALONG SAID TANGENT CURVE TO ~IiE RIGHT, I\N ARC DISTANCE OF 62.20 FEET
TO A POINT AT THE BE.GfNNrNG OF j\ COMPOUN.D CU.R\.~E TO THE RIGIiT HAVING
A CENTRAL ANGLE OF 22 DEGREES 02 MrN.UTES 05 SECONDS, A RADIUS OF J 66.00
-F.EET, AN:D A LONG CI-lORD TI~IA~ T BEARS SOUllI 16 DEGREES 30 !\-1INUTES 12
SECONDS WEST, A DISTANCE OF 63.45 FEET;
ALONG SAID C01\lPOIJND CUR'lE TC. TlIE RIGliT. AN ARC DISTANCE OF 63..84 FEET
TO A POINI" FOR CORN.ER;
SOUTH 27 DEGREES 31 !\1rNUTES 14 SECON.DS V{Es"r, .A :DIST ANCE OF 374.77 FE.EI'
TO A POINT AT THE BEGINNING OF A TANGE~l CUR'lE TO THE RIGHT .HA v~JNG A
CENTRAL A.NGLE OF 01 DEGREE 56 .rvJlNLi~rES 21 SE(~O.NDS} A RADIUS OF 367.50
I :\SLD\UN JCORN\02198501 \sdata\ESA EXHl8 IT AL TERNA TE..doc
Page 6 of 7
PAGE 17
FEET, AND A LONG CHORD TrIA T B"EARS SOUTH 28 "DEGREES 29 MINUTES 24
SECONDS W"EST, A DISTr\NCE OF 12444 FEET;
ALONG SAID T ANGE1'\T ClJRVE TO THE RIO"HT, AN ARC DISTANCE OF 12.44 FEET
TO THE POINT OF BEGIN"N"ING AND CON14AINING 4.686 ACR"ES OF LAND, MORE OR
LESS.
PAGE 18
EXHIBIT D
PAGE 19
AGENDA INFORMATION SHEET
AGENDA DATE:
December 12, 2006
DEP ARTMENT:
Planning and Development
Howard Martin, 349-8232"
ACM:
SUBJECT
Hold the first of two public hearings to consider the voluntary annexation and service plan for
approximately 1199 acres of land, consisting of three tracts. The property to be annexed is generally
located in the City of Denton's extraterritorial jurisdiction north of Loop 288, west of Locust Street
(F .M. 2164), south of Milam Road and east of Bonnie Brae Street. The Planning and Zoning
Commission recommends the annexation proceed as presented (7-0).
BACKGROUND
Applicant:
Tomlin Investments
Addison, TX
A voluntary annexation proceeding is being considered by the City of Denton for the Hills of Denton.
In accordance with the City's Annexation Policy Plan, approved in June 1993, the City will "assess on
a case by case basis" the annexation of areas in the ETJ when significant developments are proposed.
. Denton 288 LP has assembled 2120.6 acres of land as shown in Exhibit #3. The applicant is
requesting annexation of 1199 of the 2,120.6 acres. The 1199 acres are within the City of
Denton's Extraterritorial Jurisdiction (ETJ) and the remaining 921.6 acres are within the
corporate city limits. If annexation is approved the applicant proposes to rezone this property
to allow for a mixed-use development.
. The subject site is currently undeveloped. Access to the property is from Locust Street, Loop
288, and Bonnie Brae Road. Other proposed roadways that provide access to the site are
Ganzar Road and an unnamed four-lane extension from u.S. Hwy. 77 to Milam Road.
. On October 3, 2006, staff received direction from the City Council to proceed with the
annexation.
. On November 10, 2006, the City of Denton issued a letter of "intent to annex" to the owners
of the subject property.
. On November 22 and November 30, 2006, neighboring property owners were notified of the
voluntary annexation with an "intent to annex" letter and official public hearing notification.
To date, staff has received no letters in support or in opposition from property owners within
200' of the proposed annexation area. (See Attachment 4).
. On December 6, 2006 the Planning and Zoning Commission voted to recommend the
annexation proceed as presented.
. The Comprehensive Plan identifies this area to be within the Neighborhood Centers land use
designation.
No adjoining property owners have expressed their intent to join in this annexation.
OPTIONS
1. Proceed with the annexation.
2. Amend the land area proposed for annexation.
3. Amend the Service Plan.
4. Discontinue annexation.
RECOMMENDATION
Staff recommends that the annexation proceed on schedule, finding that:
The need to manage and coordinate development in an orderly manner is a significant city objective
that the City of Denton will pursue.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
On October 3,2006, City Council Work Session
On December 6, 2006, Planning and Zoning Commission public hearing.
FISCAL INFORMATION
Development of this property will increase the assessed value of the city, county, and school district.
It will require no short-term public improvements that are the responsibility of the city.
EXHIBITS
1. Service Analysis
2. Service Plan
3. Location Map
4. Notification Map
5. Annexation Schedule
6. Planning and Zoning Commission Minutes.
Respectful!y submitted:
.;.(..
Brian Lockley, AICP,
Interim Planning and Development Director
Prepared by:
Supriya Chewle
Planner II
EXHIBIT 1
SERVICE AREA ANALYSIS
A06-0005
Fire
1. Fire and Emergency Medical Services can be provided to the area from station(s)
# 5 & 4, located at Windsor @ Bonnie Brae and Kinas Row @ Sherman.
2. Estimated response time. 3.5 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?
5. Will a new fire station be requested in upcoming CIP proposals to serve this area?
. If yes, when should this station be operational?
6. Total estimated funding for equipment, employees and/or facilities needed to serve this
area strictly based on annexation and proposed development.
None
7. Please comment on the cumulative impact of annexation and development.
At what population level would another fire station facility be required? None
Is there an accepted facility/equipment to population ratio that can be used for planning
purposes? 1 for 20.000 population.
Is there an accepted fire fighter to population ratio that can be used for planning
purposes? 1 for 1.000 population.
Additional Comments:
None
Rick Jones, Fire Marshall
November 28, 2006
Person to contact if there are questions
Date
SERVICE ANALYSIS
A06-0005
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 North lakes Park 1 mile to the south. Evers
Park. 1.5 miles to the south and Water Works Park. 1.5 miles to the east. Current
residents will be able to use existina City of Denton parks. facilities and
proarams.
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 extend to the aeneral
area of the proposed annexation. Base on information provided by the
Developer. 7464 sinale family residential units and 2204 multifamily residential
units may be constructed. This eauals to approximately 62 acres of new parkland
for the residential neiahborhoods. As neiahborhood subdivision development
occurs. neiahborhood 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.
Neighborhood Park Development cost per acre is
approximately $60,000/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 new street right of way mowing for 5 cycles
is estimated at $100.00 per cycle per mile 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 Bonnie
Brae and North locust Street.
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 Plannina and Development
11-22-06
Person to contact if there are questions
Date
SERVICE ANALYSIS
A06-0005
Police
1. Estimated average response time for this area based on current department conditions:
Priority Eleven (11) minutes
Non-priority Forty (40) minutes
Average Twenty-One (21) minutes
2. Appropriate average response time in the city based on current department conditions:
Priority Eleven (11) minutes
Non-priority Thirty-Seven (37) minutes
Average Twenty-Three (23) minutes
3. If annexed and developed as proposed will additional personnel be needed as a specific
result of this proposal? No. If yes, how many? What type?
4. Will additional equipment and funding be needed to serve this area? No. If yes, what
type?
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.
At what population level would another police facility be required?
Is there an accepted facility/equipment to population ratio that can be used for planning
purposes?
Is there an accepted officer to population ratio that can be used for planning purposes?
The aenerally excepted ratio for police departments our size is 1.8 officers/1000
population. However. we are currently operatina at approx. 1.4 officers/1000
population.
Additional Comments:
Lee Creamer. Lt.
11/09/2006
Person to contact if there are questions
Date
SERVICE ANALYSIS
A06-0005
library
1. Estimated additional funding needed strictly based on proposed annexation and
development. $0.00
2. Please comment on the cumulative impact of annexation and development.
Since this site is planned for residential development. the annexation will impact
library services at our North Branch.
3. At what population level would another library facility be required? 131.738
4. Is there an accepted circulation to population ratio that can be used for planning
purposes? Yes. 7.35 is the national sample mean for circulation per capita.
5. Is there an accepted employee to population ratio that can be used for planning
purposes? Yes. 2.712.31 is the national sample mean of population per FTE total
paid staff.
6. At what population level would another library facility be required? No. The North
Branch will need additional personnel to meet the anticipated service demands of
the proposed annexation.
If not, how many additional employees and what type of facilities and materials will be
needed to provide services? The North Branch needs additional librarians and
support staff to meet current service demands.
Additional Comments:
The North Branch is located in the service area of the proposed annexation. Already
understaffed. the proposed annexation will further impact current service levels.
Eva Poole. Director of libraries
November 21. 2006
Person to contact if there are questions
Date
SERVICE ANALYSIS
A06-0005
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?
Equipment and Maintenance. N/A
Personnel. N/A
4. What is the typical revenue collected per:
Household.
Commercial Business
Based on refuse cart selected.
Based on level of service selected.
Contact Customer Service. 940-349-8787. for service level and cost information.
5. Will additional equipment be needed to serve this area if annexed or developed?
Type of Equipment. No
Cost of Equipment. No
6. Will additional employees be needed to serve this area if annexed or developed?
Type of Employees. No
Number of Employees. No
7. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? N/A
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:
A. Scott Lebsack
11/3/06
Person to contact if there are questions
Date
SERVICE ANALYSIS
A06-0005
Electric Utilities
1. What is the distance to, location of, and size of the nearest City of Denton electric line?
The nearest DME main line is on the north side of Loop 288.
2. What type of lines and facilities would be required to serve this area?
Extensive expansions of DME facilities would be reauired to provide electric
service to a development of this size.
3. Are any new lines or facilities proposed for construction to serve this area?
No new lines or facilities are proposed at this time.
4. Are there any potential responsibilities if this area is annexed?
No
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? N/A
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:
DME will provide electric service to land where DME has electric certification. Electric
service will be provided per Denton Municipal Electric's Service Standards.
Bill Bunselmever (940) 349-7328
September 21.2006
Person to contact if there are questions
Date
SERVICE ANALYSIS
A06-0005
WaterlWastewater
1. What is the nearest City of Denton water line?
Size of water line. 36 inch
Location of water line. North side of Loop 288 west of Locust
Street
Distance from proposed annexation.
2. What is the nearest City of Denton sewer line?
Size of sewer line. 18 inch
Location of sewer line. On Nicosia Street south of Loop 288
Distance from proposed annexation. 1500 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.
Water lines:
Size
Year
Location
None Proposed
Sewer lines:
Size
Year
Location
36 inch
Construction of sewer line will coincide with the development of Hills
of Denton property.
The sewer line will beain at the Hills of Denton property and travel
east alona the Milam/Clear Creek to the future proposed City of
Denton Clear Creek Water Reclamation Plant.
4. Are there any City of Denton lines included in the proposed annexation?
No.
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? 6.250
Is there an accepted equipment to population ratio that can be used for planning
purposes? 6.250
Is there an accepted employee to population ratio that can be used for planning
purposes? 6.250
Additional Comments:
The Hills of Denton development will be served by the construction of a new interceptor
sewer line (see attached Exhibit "8"). A Water and Sewer Use Aareement to provide
water/sewer service to the proposed development is currently under development and
neaotiation. This aareement upon approval by the City Council will dictate the
responsibilities of the City and the Developer of Hills of Denton to provide wastewater
and water service to the proposed development.
P. S. Arora. Assistant Director
Person to contact if there are questions
11/24/2006
Date
SERVICE ANALYSIS
A06-0005
Enaineerina 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
None
Tvpe of Improvement
Approximate Cost
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
beg in.
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).
No specific drainaae improvements that reQuire local fundina are identified. After
annexation drainaae improvements and development alona flood hazard areas
will be subiect to the reQuirements of City Code Chapter 30 Flood Prevention and
Protection and Chapter 35 the Development Code for the City of Denton. The
property drains predominately into the watershed of Milam Creek upstream from
its crossina with Locust Street (FM 2164). Property development will create
increased runoff into Milam Creek. and either onsite reaional storm water
detention facilities or downstream channel and bridae improvements at FM 2164
will be reQuired as the property develops and will be developer funded. The
eastern corner of the southern annexation tract drains to Loop 288 into the
Cooper Creek watershed. As this area develops. the existina capacity of the
existina Loop 288 culvert could be exceeded. and the developer may have to
provide either onsite detention or downstream channel and culvert improvements
to prevent adverse impacts to downstream properties.
Milam Creek and its tributary streams are identified as Zone A special flood
hazard areas on the flood insurance rate maps for Denton County. Base flood
elevations have not been determined for these Zone A areas. Therefore. as the
properties which contain these flood hazard areas are subdivided (platted).
hydroloaic and hydraulic enaineerina studies will be reQuired to determine the
base flood elevations and buildina pad elevations for development adiacent to
these areas. Because the City does not issue buildina permits for any properties
within a special flood hazard area (100-year floodplain) FEMA Letters of Map
Revision will be reQuired to determine the base flood elevations and revise the
flood insurance rate maps prior to the City issuina any Buildina Permits adiacent
to a flood hazard area. These enaineerina studies and Map Revisions are
triaaered by development and will be funded by the developers subdividina the
properties.
4. Will additional equipment and facilities be needed as a specific result of this annexation
and development? No. If yes, what type of equipment or facility?
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? N/A
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:
Recently passed mobility plan amendments should form basis for transportation
infrastructure. TIA reauired by developer should provide necessary additional roadway
i n fi II
Bud Vokoun. Senior Enaineer
Ed Witkowski. Senior Enaineer
11/06/2006
11/21/2006
Person to contact if there are questions
Date
SERVICE ANALYSIS
A06-0005
Denton Independent School District
1. Education services are currently provided by:
Denton ISD
2. If annexed, can anticipated service demands be met using existing materials, facilities
and personnel?
No - Current DISD facilities and staff levels will not service the student
population resultina from the Hills of Denton anticipated 6.898 sinale-family and
2200 multi-family units.
3. If not, how many additional employees and what type of facilities and materials will be
needed to provide services?
Elementary Middle High Total
Student Yield (.75 =S/F .20=M/F) 2993 1348 1274 5615
Population
Campus Requirements 4 1 1 6
Staffing 260 110 200 570
4. Estimate additional funding needed strictly based on proposed annexation and
development.
New Facilities
Staffina Salary
Elementary
$4.8 Million
$4.8 Million
Middle
$30 Million
$2.4 Million
High
$75 Million
$3.6 Million
Total
$153 Million
$10.8 Million
5. Will projected school taxes from this development provide that additional funding?
To be determined.
6. Please comment on the cumulative impact of annexation and development.
This proposed annexation will provide city services to DISD facility. This will
reauire DISD to pass additional school bond proaram to finance construction of
new facilities.
7. At what population level would other school facilities be required for the City of Denton?
New facilities are desianed to accommodate the followina:
Elementary - 650- 700 students
Middle School - 900-1000 students
Hiah School - 1800-2000 students
8. Is there an acceptable employee to population ratio that can be used for planning
purposes?
Elementarv - 22 students per teacher
Middle School - 28 students per teacher
Hiah School - 28 students per teacher
Additional Comments:
Gene Holloway (940) 369-0097
Director of Planning, DISD
11/30/06
Person to contact if there are questions
Date
EXHIBIT 2
CITY OF DENTON ANNEXATION PLAN FOR
A06-0005 - Hills of Denton
I. AREA ANNEXED
The annexation area is located in the southern portion of Denton's Extraterritorial
Jurisdiction and contains approximately 1199 acres generally located to the north of
Loop 288, west of Locust Street (F.M. 2164), south of Milam Road and east of
Bonnie Brae Street.
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)-(0) (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.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection, 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
3.5 minutes, which is similar to responses for surrounding properties
within the city limits. The City of Denton will provide emergency
medical services ("EMS").
C. 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.
D. 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 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.
E. 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.
F. 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.
G. 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 Denton
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 tract is within the Neighborhood Centers land use designation. The
Denton Plan designates future land uses to manage the quality and
quantity of growth by organizing the land use patterns, by matching land
use intensity with available infrastructure, and by preserving floodplains
as environmental and open space corridors. The Denton Plan will be used
as a basis for final zoning classifications after the properties are annexed.
IV. UTILITY (RATEPAYER) SERVICES
A. Solid Waste Collection
The City of Denton is the exclusive residential and commercial solid
waste service provider in the City. The City Ordinance requires Solid
2
Waste services for all residences and commercial businesses located in the
City. The City of Denton Solid Waste Department is fully funded through
the service fees charged, and receives no funding from city tax revenues.
Solid waste refuse collection services will be provided to the newly
annexed property immediately upon the effective date of the annexation.
To receive solid waste collection service, the customer must contact the
City of Denton Customer Service Office, 940-349-8787, and submit a
request/application for 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 wheeled refuse cart, which will
be serviced one time per week. Residents are required to place their refuse
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 bulky item collection service is provided.
Weekly curbside recycling services are provided by Trinity Waste
Services. Contact Trinity at 1-800-766-1758 to obtain curbside recycling
information.
Each residential customer's refuse cart service, curbside recycling service,
bulky item collection service, and yard waste service will occur on
Monday of each week. Please telephone Customer Service, 940-349-8787,
to answer any remaining questions, and sign up for service.
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.
3
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. W ater/W astewater Facilities
Maintenance of water and wastewater facilities in the area to be annexed
that are not within the service area of another water or wastewater utility
will begin upon the effective date of the annexation using existing
personnel and equipment. Water service is available from a 36 inch water
transmission pipeline located along the north side of Loop 288. The
Developer will be required to extend water service from this main to serve
the property. Line extension requirements and lines sizes will be
determined during the preliminary platting phase of the project. Due to
the size of this project, a water distribution system model will be required
as a part of the preliminary plat application process. The City will require
a developer agreement for extension of water utilities to service this
development. A new sewer line to serve the proposed development will be
required (see Exhibit "B"). The City will 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
proj ected in the area.
C. Drainage Services
Drainage maintenance will be provided to the property upon the effective
date of the annexation. The City will provide a level of drainage services,
infrastructure, and infrastructure maintenance that is comparable to the
level of services, infrastructure, and infrastructure maintenance available
in other parts of the city with topography, land use, and population density
similar to those reasonably contemplated or projected in the area.
D. Electrical Services
Denton Municipal Electric is certified by the State and is obligated to
provide electric utility service to the annexation area should a request be
made by a property owner. Electric utility service will be made available
on the effective date of the annexation on the same basis and at the same
level as similar facilities are maintained throughout the city. Denton
Municipal Electric is the current electric service provider for this site.
V. OTHER SERVICES
Other services that may be provided by the City, such as municipal and
general administration will be made available on the effective date of the
annexation. The City shall provide a level of services, infrastructure, and
4
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.
VI. CAPITAL IMPROVEMENTS PROGRAM (CIP)
No new construction of additional water, 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 population density. A new sewer line and pump
station construction will be required to serve the development (see Exhibit
"B"). The construction of the proposed sewer system will be governed by a
water/sewer use agreement currently under development and negotiation with
the property owner. Thus, no construction of public improvements except
sewer is contemplated as a result of this annexation that would begin within
two and a half (2 ~) years after the effective date of the annexation. The
City shall consider construction of other public improvements as the needs
dictate on the same basis as such public improvements are considered
throughout the City for areas having similar characteristics of topography,
land use, and population density.
VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the City to provide a uniform level of full
municipal services to each area of the City, including the annexed area, if
different characteristics of topography, land use, and population density are
considered a sufficient basis for providing different levels of service.
VIII. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the
service plan shall be at the discretion of City Council.
IX. AMENDMENTS
The service plan may be amended if the City Council determines at a public
hearing that changed conditions or subsequent occurrences make this service
plan unworkable or obsolete. The City Council may amend the service plan to
conform to the changed conditions or subsequent occurrences pursuant to
Texas Local Government Code, Section 43.056 (Vernon Supp. 2000).
5
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6
EXHIBIT 3
Location M
ap
Legend N
City Limits A
Annexation Site
D Entire 0
evelopment Site
EXHIBIT 4
Notification Map
Legend
City Limits
Annexation Site
200 Feet Notification
500 Feet Notification
N
A
EXHIBIT 5
Proposed Annexation Schedule
Hills of Denton Annexation
Notices of Intent to Annex (30 day prior to 1 st PH) will be send on November 10, 2006.
Wednesday, 12/6/2006 Planning and Zoning Commission public hearings - make a
recommendation to City Council regarding the proposed annexation.
Tuesday, 12/12/2006
Tuesday, 12/19/2006
Tuesday, 1/9/2007
Sunday, 1/14/2007
Tuesday, 2/20/2007
City Council conducts first public hearing. (SC Work/ Regular Session)
· Publ ic notice must be no less than 10 days and no more than 20
days before public hearing.
o Annexation Study prepared and available for public review.
o Service Plan prepared and available for public review.
City Council conducts second public hearing. (SC Work/ Regular
Session)
· Publ ic notice must be no less than 10 days and no more than 20
days before public hearing.
City Council by a four-fifths vote institutes annexation proceedings.
(SC Work/ Regular Session) 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.
Ordinance published
· The ordinance cannot be acted upon until at least 30 days after
publication.
City Council by a four-fifths vote takes final action. Second reading
and adoption of the annexation ordinance.
· 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). The
second reading of the ordinance and zoning approval could be
held any time between February 14, 2007 and April 9, 2007.
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 (1 st 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.
CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 940.349.8541 · (F) 940.349.7707
ITEMS. TXT
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PROCEEDINGS
COMMISSIONER STRANGE: we'll next move to
our public hearings. The first item will be Item No. SA,
which is a voluntary annexation and service plan for
approximately 1,199 acres located at the northern --
northwestern area of the City of Denton Extraterritorial
jurisdiction, north of LOOp 288, west of Locust Street,
south of Myl am Road and east of Bonni e Brae. Ms. Chewl e.
MS. CHEWLE: okay. I don't think we're
goi ng to have a presentati on ei ther. The appl i cant Toml i n
Investment from Addi son, Texas has appl i ed for a vol untary
annexation for approximately 1,199 acres of land
consisting of three tracts into the corporate city limits
of the City of Denton. The property to be annexed is
generall y located in the north -- northwestern area of the
City of Denton's ETJ, north of LOOp 288 west of Locust
Street, south of Mi 1 am Road and east of Bonni e Brae.
Denton 288 LP has assembl ed 2,120 acres of
land. If annexation is approved, the applicant proposes
to rezone thi s property to all ow for mi xed use
development. The subject site is currently undeveloped.
Access to the property is from Locust Street, LOOp 288 and
Bonnie Brae.
On Octobe r 3 rd, 2006, ci ty counci 1 di rected
staff to proceed wi th thi s annexati on. On November 10th,
page 1
ITEMS. TXT
communi ti es. OU r offi ce is in Addi son, Texas. we're
purely a local fi rm based in Texas. All of our projects
are in North Texas. We are currentl y worki ng on other
master plan communities in the DFW area. Our most
recently constructed project is Lone Star Ranch in Frisco,
Texas and this project is our vision for this project as
well.
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Agai n, I have some sl ides whi ch we'll save
for another time. We pride ourselves on our research and
awareness of growth areas in the DFW metroplex. We really
have confi dence in Denton and the Denton market and
parti cul arl y thi s part of town. We have a multi -vi 11 age
concept for this project as a Master plan Community, a
mul ti -vi 11 age concept wi th a wi de range of housi ng types.
Our projects are typically very highly amenitized with
large multi-use amenity centers, large greenbelt and open
spaces, hike and bike trails throughout, pedestrian
friendly access throughout, a village park and playground
areas throughout and multiple lake and water features.
We highly regulate our Architectural
Landscape and Development Code to ensu re the qual i ty and
lasting quality of our developments. This project will
also in addition to a significant amount of residential
development also have some commercial and office use along
the thoroughfares and in conj uncti on wi th the UNT campus
page 3
EXHIBIT - 6
ITEMS. TXT
the City issued a letter of intent to the subject property
owners. The Comprehensive plan identifies this area to be
wi thi n Nei ghborhood Centers Land use Desi gnati on. Staff
recommends that the annexati on proceed on schedul e. That
wi 11 be all. Do you have any questi ons?
COMMISSIONER STRANGE: Anyone have any
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questions of staff?
MS. CHEWLE: Oh, we did receive a -- we
mai 1 ed out the noti fi cati on. We di d recei ve one
noti fi cati on in the pl at as neutral to the request.
COMMISSIONER STRANGE: okay . All ri ght .
Is the applicant here and do they wish to speak?
MR. ZIELKE: Chairman and Commissioners, my
name is Rod zi e 1 ke wi th Toml i n Investments. I had a
little powerpoint demonstration I was going to put on just
to fami 1 i ari ze the commi ssi on and the audi ence wi th ou r
firm and our plan for the property. I know we'll be up
here many ti mes so I don't want to take a lot of ti me, but
I thought I'd fl i p th rough these -- bei ng as how that's
not working, I was wondering if the overhead projector
might work. It doesn't look like that works either.
Let me just tell you a little bit about our
firm and just real briefly what our plans are for the
property. Tomlin Investments is a real estate development
company with particular focus on high quality master plan
page 2
ITEMS. TXT
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across 288 from us.
with that, again, I had some other exhibits
here I was goi ng to show you, but wi thout the vi sual ai de,
I don't think it works too well. So that's an
introduction and look forward to working with the
commi ssi on and the counci 1 as we progress through the
stages of the project. Thank you very much.
COMMISSIONER STRANGE: Anyone have any
questi ons of Mr. zi el ke? I can't see if you've regi stered
up here so I'll just have to look tonight and see if
anybody has any questions. No questions. Thank you very
much.
We only had one card on this item, and that
was Mr. zi el ke, and he has al ready spoken. Is there
anyone here that wi shed to speak on thi s item? I wi 11
poi nt out for those of you not fami 1 i ar wi th ou r process,
if you are here tonight and wish to speak on any item
that's on the public hearing agenda, you need to fill out
a yell ow card whi ch you'll fi nd outsi de the door, i ndi cate
on it the item that you wi sh to speak to and tu rn it in
down front, and then at the appropriate time, we will call
your name and you'll have the opportunity to come forward
and speak.
So we have no other speakers, we will close
the publ i c heari ng, do we have a moti on on thi s item?
page 4
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COMMISSIONER WATKINS: Mr. Chai rman, I
asked the staff about the service analysis, it's not --
under water and waste water, it's not -- what is the
nearest ci ty of Denton water 1 i ne? There's nothi ng 1 i sted
for that. But on page 4 under B, water and waste water
facilities, it indicates that there is water lines all
around this annexation. would it be possible for us to
fi x that here by si mpl y penci 1 i ng in yes and so when it
goes ahead to Council there won't be a flaw?
MR. LOCKLEY: Yes, si r. We wi 11 make that
change to the servi ce anal ysi s and correct on there that
there is water, existing facilities surrounding the site.
COMMISSIONER WATKINS: very good. Thank
you.
COMMISSIONER STRANGE: Any comments?
COMMISSIONER THIBODEAUX: Just a little
bi t. I al so -- I had a 1 i ttl e sti cky note about that
service area analysis. I read that it was all -- that
there was no more services needed for this development,
that everything was in place. And I just -- it's a fairly
large area the way I think about it, and I just wanted
some confi rmati on from them that that was an accu rate
statement.
MR. LOCKLEY: Yes. There are facilities in
page 5
25
ITEMS. TXT
25 place ri ght now to se rve that development.
COMMISSIONER STRANGE: Any other questi ons
or any other comments? Do we have a motion on this item?
COMMISSIONER THOMAS: I so move.
COMMISSIONER STRANGE: We have a moti on by
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Mr. Thomas. Do we have a second?
COMMISSIONER THI BODEAUX: Second.
COMMISSIONER STRANGE: We have a second by
Dr. Thibodeaux. Any discussion? If not, please vote.
Again, we have to vote by raising your right hand. And
the vote passes 7-0.
page 6
AGENDA INFORMATION SHEET
AGENDA DATE:
December 12, 2006
DEP ARTMENT:
Planning and Development .
Howard Martin, 349-8232 ~ ..
ACM:
SUBJECT
Hold a public hearing and consider adoption of an ordinance amending Subchapter 12 of the
Denton Development Code relating to accessory structures and minimum floor area
requirements. (DCA05-0015) The Planning & Zoning Commission recommends approval (7-0).
BACKGROUND
Section 35.12 of the Denton Development Code sets forth standards for accessory structures that
are in conflict with other sections of the Code. The conflicts noted concern the percentage that
an accessory structure or guest house can represent of the principal structure. The changes
proposed remove the conflicts.
On January 11, 2006 the Planning & Zoning Commission directed staff to research this issue
with the intent that the percentage that an accessory structure or guest house can represent of the
principal structure would be increased. The Planning and Zoning Commission discussed this
amendment again at its October 11 work session where staff proposed a method for addressing
accessory structures by limiting all structures on a lot to the maximum lot coverage allowed in
the zoning code. This amendment is further clarified by a graphic illustration that defines the
locations an accessory structure may be located on a lot.
OPTIONS
1. Recommend approval.
2. Recommend approval with amendments.
3. Recommend denial.
4. Table.
RECOMMENDATION
The Planning and Zoning Commission recommended approval 5 - O.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
Planning and Zoning Commission Work Session: January 11,2006, and October 11,2006
Planning and Zoning Commission Public Hearing: November 8, 2006
EXHIBITS
1. Draft Amendment
2. Illustration - Detached Accessory Structure Regulations
3. Minutes of October 11,2006 Planning and Zoning Commission Work Session
4. Minutes of November 8, 2006 Planning and Zoning Commission Public Hearing
Prepared by and respectfully submitted:
Brian Lockley, AICP
Interim Director of Planning and Development
2
s: \Our Documen-m.\Ordinances\06\DCAOS..QO 15 Accessory structure amendmentDOC
ORDINANCE NO..
AN ORDlNANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF.
SUBCHAPTERS 35.12 AND 35.23 OF THE DENTON DEVELOPMENT CODE, PERTAINING
TO ACCESSORY STRUCTURES AND MINTh1UM FLOOR AREA REQUIREMENTS;
PROVIDING FOR A PENALTY CLAUSE WITH THE MAXThruM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (DCA05-0015)
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after providing notice and after conducting public hearings as required by law,
the Planning and Zoning Commission recommended approval of certain changes to Subchapter
35.12 and 35.23 of the Development Code, pertaining to Accessory Structures and.Minimum Floor
Area requirements; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the changes to the Development Code are consistent with the
Comprehensive Plan, and are in the public interest; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON' HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true. . .
SECTION 2.. Subchapter 35..12 and 35.23 of the Development Code are hereby amended in
part, as particularly described in Exhibit A, attached hereto and made part hereofby reference.. All
other provisions of Subchapter 35.12. and 35.23 not specifically changed by this amendment shall
remain in full force and effect.
SECTION 3. Any person violating any provision .ofthis ordinance shall, upon conviction, be
. .fined a sum not exceeding $2,000.00.. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense. .
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or the application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not 'affect the validity of the remaining portions of this
ordinance, and the City of Denton, Texas hereby declares it would have enacted such remaining
portions despite any such invalidity.
SECTION 5.. This ordinance shall become effective fourteen (14) days from th~ 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.
Exhibit 6
. .
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PASSED AND APPROVED this the _ day of
, 2006~
PERRY McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY.
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. S ITY ATTORNEY
/jJ
PAGE 2
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I. Subchapter 35.12 of the Denton Development Code is amended by replacing the existing
section 35.12..4 in its entirety, to read as follows:
35.12.4
Accessorv Buildines and Structures.
Accessory buildings and structures shall comply with all requirements for the principal use except
where specifically modified by this Subchapter and shall comply with the limitations as set forth in
Exhibit 12 -1:
A~ Mechanical equipment shall be subject to the provisions of this Section. Such equipment shall not be
located between the main structure on the site and any street adjacent to a front or side yard, and every attempt
shall be made to place such equipment so that it is not visible from adjacent public streets~ Mechanical
equipment may be placed in a side yard abutting. a side street if there are lot or building constraints from placing
it in the other side yard and the equipment is screened with a fence or landscaping. Any installation of
mechanical equipment shall require a building permit.
B. I. A swimming pool on a lot with a single family home may be constructed no closer than five (5) feet from
any other buildings and structures on the same ~ot.
2. A swimming pool on a lot with a single family home may be constructed no closer than three (3) feet
from the side and rear lot line and the SWimming pool shall not encroach on an easement. All other
provisions of subchapter 12 not inconsistent with this amendment shall remain in full force and effect.
Exhibit 12.1
Detached Accessory Structure Regulations
I Interior Lot
I Corner Lot
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STRUCTURE
(Garage)
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Setback
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ACCESSORY
STRUCTURE
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Setback
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Setback
Front Yard
Setback
Street
PAGE 3
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General Re2ulations
. The combined square footage of the house' and accessory structure cannot exceed the zoning district
maximum lot coverage listed below~ Lot coverage is determined by dividing the square footage of structures
by the total lot square footageA
. Accessory structures are prohibited in any required front or side yard setback....
. The parking of vehicles is not allowed in a required side yard., except where the garage is in the rear and not
accessed from an alleYA
. The property owner is responsible for locating property lines and determ.ining lot square footage.. The City
does not provide surveying services~
'. Encroachment into a recorded easement is not pennittedA
. All accessory structures that require a building permit shall be architecturally compatible with the principal
structure; or shall be screened from abutting properties and the public right of way.
. The guest quarters shall be located on the same lot as an existing detached single-'family use and may be located
within or attached to the principal building or in a detached accessory buildingA
ii. No more than one (1) guest quarters per tract or lot shall be allowed.
Hi. Guest quarters shall not be used as rental units~
iVA The guest quarters shall be served by the same utility meter as the primary dwelling, and the building
materials and architecture will be similar or in concert to the primary dwelling unit.
II. Subchapter 35.23 of the Denton Development Code is amen.ded by replacing the.
definition of "Guest House" with a new definition of "Guest.Quarters", to read as follows:
Guest Quarters: An attached or detached building that provides living quarters for guests, servants, or a related
family member, which is considered an accessory use, and which is clearly subordinate and incidental to
the principal residence on the same lot; and is not rented or leased.
PAGE 4
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Exhibit 1.
35.12.4 Accessory Buildings and Structures.
Accessory buildings and structures shall comply with all requirements for the principal use except where
specifically modified by this Subchapter and shall comply with the limitations as set forth in Exhibit 12 -1:
A
A. Mechanical equipment shall be subject to the provisions of this Section. Such equipment shall not
be located between the main structure on the site and any street adjacent to a front or side yard, and
every attempt shall be made to place such equipment so that it is not visible from adjacent public
streets. Mechanical equipment may be placed in a side yard abutting a side street if there are lot or
building constraints from placing it in the other side yard and the equipment is screened with a fence
or landscaping. Any installation of mechanical equipment shall require a building permit.
B. 1. A swimming pool on a lot with a single family home may be constructed no closer than five (5)
feet from any other buildings and structures on the same lot.
2. A swimming pool on a lot with a single family home may be constructed no closer than three
(3) feet from the side and rear lot line and the swimming pool shall not encroach on an easement.
All other provisions of subchapter 12 not inconsistent with this amendment shall remain in full
force and effect.
See Attached Exhibit 12.1
i. The guest quarters shall be located on the same lot as an existing detached single-family use and may
be located within or attached to the principal building or in a detached accessory building.
11. No more than one 1
111.
tv. The uest uarters shall be served b the same utili meter as the rima
buildin materials and architecture will be similar or in concert to the rima
Exhibit 2
Exhibit 12.-1 - Detached Accessory Structure Regulations
I nterior Lot
Corner Lot
Pro ert Line
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Structure
(Garage)
Rear Yard
Setback
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Accessory
Structure
(Garage)
____~-----------------------~~~b~E~-~~~
Rear Yard
Setback
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Setback Li ne
Front Yard
Setback
Front Yard
Setback
Street
General Regulations
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. The combined square footage of the house and accessory structure cannot exceed the
zoning district maximum lot coverage listed below. Lot coverage is determined by dividing
the square footage of structures by the total lot square footage.
. Accessory structures are prohibited in any required front or side yard setback..
. The parking of vehicles is not allowed in a required side yard, except where the garage is
in the rear and not accessed from an alley.
. The property owner is responsible for locating property lines and determining lot square
footage. The City does not provide surveying services.
. Encroachment into a recorded easement is not permitted.
. All accessory structures that require a building permit shall be architecturally compatible
with the principal structure; or shall be screened from abutting properties and the public
rig ht of way.
Exhibit 3
Condenselt 1M
Page 3
1 PROCEEDINGS 1 Commission using this new amendment procedlll"e. No new
2 (COMMISSIONERS ANDERSONt WATKINS~ 2 review standards were added. However, the approval of the
3 STRANGE, THOMAS, AND EAGLETON 3 ADP will be determined by the Planning & Zoning
4 PRESENT.) 4 Commission. Additionally, no pub lie bearing is now
5 COMMISSIONER STRANGE~ Good evening, ladies 5 required. Therefore, no notification has been sent to the
6 and gentlemen. Itls 6:35 and we will convene the October 6 property owners or no notice was put in the paper
7 11 th meeting of the Planning and Zoning Commission and ask 7 regarding the alternative development plan.
S that you would join with us in the pledge to the flags. 8 This ADP was submitted -- this ADP request
9 (Thereupon, the Pledges of Allegiance were 9 was submitted in conjunction with the zoning change
10 recited. ) 10 request for the northern portion of the site. The request
11 COMMISSIONER STRANGE: First item is the 11 was brought to the Planning and Zoning Commission on
12 consideration and approval of the Planning and Zoning 12 August 23rd of this year and the Commission recommended
13 Commission minutes for September 13th, 2006. Do we have a 13 approval 6-0.
14 motion? 14 The City Council then approved the rezoning
15 COMMISSIONER EAGLETON: so moved. 15 request, also, unanimously on September 26th. So this
16 COMMISSIONER WATKINS: second~ 16 northern portion you see here on the map is --actually has
17 COMMISSIONER STRANGE: We bave a motion by 17 been rezoned to the DR-2 zoning district.
18 Mr. Eagleton and a second by Mr. W atkins~ Any discussion? 18 This aerial map shows. the surrounding areas. We see to
19 Seeing none, please vote. The vote passes 5-0. 19 the north is single family residential. To the south is
20 The next item is our Consent Agenda, which 20 the Denton Fire Station, which I have "woeps, pardon me
21 is Item Number 3, a list of items 3A through 3 G. Prior to 21 -- marked here along with some single family in this
22 tonight t s meeting~ Planning and Zoning had the opportunity 22 area. To the west is also single family and to the east
23 in a work session to meet with staff to review the Consent 23 is single family and multi-family. The proposed
24 Agenda and to ask any questions they had regarding the 24 alternative development plan consists of two deviations
25 Consent Agenda. And, therefore, we will have a motion now 25 from the Denton Development Code.
Page 2 Page 4
1 for approval of the: Consent Agenda. 1 The first comes from subchapter 35.13.13.2~
2 COMMISSIONER WATKINS~ Move approval. 2 which states that buildings constructed within 100 feet of
3 COMMISSIONER STRANGE: we have a motion by 3 an existing single-family use or zoning district of the
4 Mr. Watkins. 4 buildings -- pardon me, of multi-family, that is, shall be
5 COMMISSIONER moMAS: second. S limited to a single story with a pitched roo[ The
6 COMMISSIONER STRANOE~ seconded by Mr. 6 applicant is proposing to locate a two-story multi -family
7 Thomas. Any discussion? If not, please vote~ And the 7 development within 100 feet of a single family UseA The
8 item passes 5-0 ~ 8 second deviation is from subchapter 35.13.8 which is
9 Before we go any further, 1'd like to 9 buffer and screening requirements.
10 introduce a new member to our Planning and Zoning 10 And the Code requires that a buffer is
11 Commission. This is her first night. Ms. Gloria Anderson 11 provided when a multi-family use is developed adjacent to
12 and we welcome her to the Planning and Zoning Commission. 12 a single-family use or district. The applicant or the
13 Our next item will be Item No. 4A, which is 13 developer bas three design options for buffers which are
14 individual consideration~ Ie s an alternative development 14 permitted to satisfy the buffer requirement The buffer
15 plan for a multi -family development consisting of 15 may be created either with a berm, a vegetative buffer or
16 approximately 1.09 acres and located at the northwest 16 a fence. \Vhen using a fence it is required that a wood
17 intersection of A venue A and Underwood Street. Ms. 17 fence be constructed with steel posts and a decorative cap
18 Shelton. 18 with the good side facing the residential use or
19 MS. SHELTON: on September 12th, the Denton 19 district. A minimwn of ten -foot landscaped. area with one
20 City Council approved an ordinance amending the Denton 20 tree every 30 linear feet is also required.
21 Development Code to allow the Planning and Zoning 21 The applicant here is proposing a four-foot
22 Commission to consider and approve alternative development 22 landscaped area on the northern boundary of the property.
23 plans rather than requiring approval by the City Council. 23 There will be the required ten -foot buffer along the
24 The Gateway University Addition ADP before you now will be 24 western boundary as required in the Code. To mitigate the
25 the first ADP request brought to the Planning & Zoning 25 deviation from the Development Code, the applicant is
PLANNING & ZONING REGULAR SESSION, OCTOBER 1 I, 2006
Page 1 - Page 4
Condenselt TM
Page 5
providing 29 percent landscaping, where 25 is required~ 1
And is also increasing the tree canopy which is required. 2
They're -- required is 25 percent and they are proposing 3
to provide 35 percent on the site. 4
In addition the applicant will provide 5
bicycle and moped racks on site in an outdoor seating area 6
with benches. The applicant also intends to provide 7
antique-style lamps along Avenue A as shown on the site 8
plan~ And here is the site plan~ And you can see the 9
buffer here to the north, which is the proposed four.foot 10
Here to the west is the ten -foot buffer, which is as 11
required in the Code~ And I can't read it this small, the 12
seating area, I believe is this location. 13
Session 35.13.5 ~A identifies criteria for 14
approval of alternative development plans. The goals and 15
objectives which must be met and by which the proposal 16
will be judged are: preserving -- number one is must 1 7
preserve existing neighborhoods. Number t\.vo, it assures 18
quality development that fits in with the character of 19
Denton. Nwnber three is to focus new development to 20
activity centers to curb strip development and urban 21
sprawl. And number four, is to ensure that infrastructure 22
is capable of accommodating the development prior to the 23
development occurring. 24
The proposed development is consistent with 25
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the existing neighborhood land uses. The Central --
Denton Central Appraisal records indicate that there are
two-owner occupied homes within the 200 feet of the
subject site. It appears the other homes in the area are
rental units at this time. The proposed development would
provide an upgraded alternative to student housing options
near the UNT campus. The mitigation measures assure
quality development that fits in with the character of the
immediate area and with the downtown university core
district.
As an in-fill project, the development
meets criteria three which requires that new development
be focused to activity centers to curb strip development
and urban sprawl. Since the project is within a developed
area, the existing infrastmcmre is available to
acconunodate the development.
Due to these criteria being met, staff
recommends approval of the ADP request. r d be happy to
answer any of your questions.
COMMISSIONER STRANGE: Does anyone have any
questions of staff? I may have one. I just want to look
at something right quick. We are talking about a
t\Vo-story building?
MS. SHELTON: Yes, sir.
COMMISSIONER STRANG~ BeCause in one of
Page 7
the -- on one page here it says a development of a
three-story .
MS. SHELTON: That was my mistake, sir.
COMMISSIONER STRANGE: okay.
MS. SHEL TON~ It is two. story .
COMMISSIONER STRANGE: okay ~ I just wanted
to make sure~ it is two-story? Okay~
MS. SHELTON: Yes.
COMMISSIONER STRANGE: AnY other questions
of staff? Thank you, Ms. Shelton.
Okay. This is an item for individual
consideration and not a public hearing. However t in the
past~ we have offered the opportunity for the applicant if
they're here and would like to make any comments to do so.
Is the applicant here and do they wish to make a comment?
Okay. All right. Do we have a motion on this item?
COMMISSIONER EAGLETON: Mr. Chairman, 1'd
like to recommend approval.
COMMISSIONER STRANGE: We have a motion by
Mr. Eagleton. Do we have a second?
COMMISSIONER WATKINS: second.
COMMISSIONER STRANGE: We have a second by
Mr ~ Watkins. Any discussion? If not, please vote. And
the vote passes 5-0.
Page 8
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COMMISSIONER STRANGE: We will now move to 1
Item 5 on the Agenda. And item -- which is our public 2
hearing session. Will you hand me those cards, please? 3
For those of you who are not familiar with the public 4
hearings portion of our meeting. If you are here and wish 5
to speak on any item that is a public hearing item, you 6
will need to fill out a yellow card and turn it in down 7
front. And if you would please be sure to indicate at the 8
top which item it is that you want to speak on, either in 9
favor or against. And then turn those in. At the 10
appropriate time, we'll use these cards to call you to the 11
front and let you have the opportunity to speak. It is 12
our practice normally to not allow you to speak if you do 13
not fill out a card. So if you wish to speak, please fill 14
out a card now~ First item on the public 15
hearing tonight is Item No. 5A which is the rezoning of 16
approximately 3.5 acres from a neighborhood residential 17
NR- 2 zoning district to a Neighborhood Residential Mixed 18
Use NRMU zoning district. Ms. Shelton. 19
MS. SHELTON~ Yes, sir. Thank you~ The 20
Denton Planning and Zoning Commission held a public 21
hearing on September 13th of this year to consider making 22
a recommendation to City Council regarding the rewning of 23
this property. The property is located at the northwest 24
corner of Teasley Lane and Lillian Miller Boulevard~ 25
Page 1 0
The Planning and Zoning Commission voted to 1
table the public hearing until this evening to allow the 2
applicant to meet with the adjacent homeowners and further 3
discuss the conditions of the overlay district. 4
The applicant Craig Irwin and his 5
representative Larry Reichhart met with the neighbors that 6
surround the proposed Teasley Professional Plaza site on 7
the evening of October 3rd. Approximately 23 people from 8
the neighborhoods were in attendance~ 9
The following conditions of the proposed 10
overlay district were discussed at the meeting. Some of 11
the conditions provided to the Planning & Zoning 12
Commission at the September 13th meeting were 13
reconsidered. The following are the changes and additions 14
that the applicant is proposing at this time. And I am 15
going to read how it was originally proposed and then 16
whatever changes there might be. 17
Number one is permitted uses are limited to 18
professional services and offices, administrative or 19
research facilities, conununity services and medical 20
centers. The applicant is requesting that Community 21
Service be omitted as a pennitted use in the overlay 22
district. All buildings shall be single-story 23
construction. 24
In addition to that, the applicant is 25
Page 11
proposing that additional architectural standards will
Include that all roofs shall be pitched and have a maximum
of a 10/12 pitch and a minimum of a 6/12 pitch. All
construction shall be a residential style and should blend
with the surrounding neighborhoods~
Number three, is that all buildings shall
be 9,000 square feet or less in gross size. This has not
changed. The commercial development will use no name
association of the surrounding neighborhoods. That also
has not changed. Number five is that lighting will either
-- will be flood lights or pole lights that will not
exceed six feet in height and wiil meet the regulations
provided in Section 35.13.12 which is the light and glare
performance requirements as shown in the Denton
Development Code~ That also has not changed. Number six
is a buffer zone of 30 feet will be maintained adjacent to
the north and west property lines. The buffer will be
pervious, heavily landscaped, professionally designed, and
will include evergreen shrubs and trees. The property
owner will provide one large canopy tree every 30 linear
feet and two native understory trees every 30 linear feet
within the buffer zone. This also has not changed.
Number seven is the entire buffer zone
will be irrigated and installed prior to the first
certificate of occupancy being issued by the City of
Page 12
Denton for any building in the development. The buffer
zone will be maintained by the property management company
and irrigation for the buffer zone will be on one
irrigation system~ This has -- a new proposal is put
forth here. The southern lots adjacent to Teasley Lane
will be developed before the lots to the north which
border the Hunters Ridge Subdivision. The applicant is
proposing to leave the northern portion of the property in
tact with no clearing or grading until the northern lots
are developed.
The applicant believes more trees can be
preserved if each lot is cleared for a particular project
rather than clearing the entire site at once to create the
buffer all at one time. The applicant further proposes
that the buffer zone will be included in the individual
lots and owned by the individual property owners. The
buffer will be maintained by a professional property
management company through a property ownert s association.
Number eight is all buildings will have a
minimum of 80 percent masonry distributed evenly on all
sides of the buildings. This also has had no changes.
Number nine, all trash dwnpsters shall be located at least
75 feet from all residential property lines. The new
proposal here is that all dumpsters shall be located at
least 100 feet from all residential property ~ The
PLANNING & ZONING REGULAR SESSION, OCTOBER II, 2006
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1 applicant will provide the minimmn number of dumpsters 1 MR. RElCHHART: Larry Reicbhart with
2 that are allowed by the solid waste department. And at 2 Springbrook Planning Group, 2405 Mustang Drive
3 this time the solid waste department does permit shared 3 representing the applicant Craig Itwin. The question
4 dlll11psters~ Their estimates for you show that 4 regarding the fence. Right now they have eight foot -- or
5 approximately four dumpsters would be required to service 5 six-foot fences~ and we agreed to build eight-foot fences
6 this site, the entire project. 6 basically replacing their existing fences and as it will
7 Number ten is a new condition. The 7 be on their properties, we need their permission to do
8 applicant will provide an eight-foot high Cedar fence with 8 that. So if they don't grant us that permission, then we
9 aluminum posts along the western property line. The post 9 can tt replace the fence.
10 of the fence will face the commercial development with the 10 COMMISSIONER EAGLETON~ okay.
11 flat side towards the residents. The fence will only 11 MR. REICHHART~ rll go through this fairly
12 about constructed adjacent to those lots where the 12 quickly because a lot of it is reiteration, again, the
13 homeowners have given permission for the fence 13 site, corner of Teasley and Lillian Miller, some site
14 construction. 14 photos requesting the zone to NRMU. It currently is NR-2.
15 Number eleven1 the final condition. This 15 Again, we. re striking community service as one of the
16 is also a new condition. The applicant will provide 16 pennitted uses. And, again~ anything in blue is what we
17 detention -- pardon me, retention ponds on the site as 17 had presented previously. Green is what we're -- what has
18 needed and approved by the City to help relieve some of 18 been additionally added, and~ again, the new is the roof
19 the existing runoff to the adjacent residential lots . And 19 pitches that we. re adding and the construction of
20 this is primarily into that Ellison Park Subdivision. 20 residential sty le~ I do have some photos of similar stuff
21 At this -- pardon be~ At this time 19 21 that has been built that I'll show in a moment. Again,
22 percent of the property owners within 200 feet of the 22 the name association and the lighting are exactly the
23 subject property are in opposition to the rezoning 23 same.
24 requirement. And with that 1'd be happy to answer any 24 Trash dumpsters; we're increasing from 75
25 questions. And the applicant is also here to respond to 25 feet from previous to increasing it to 100, masonry
Page 14 Page 16
1 your questions. 1 enclosures. And werre proposing a maximwn of four which
2 COMMISSIONER STRANGE: DOeS anyone have any 2 would be the minimum per Code would be four. It r s a
3 questions of staff? Thank you, Ms. Shelton. 3 different way of saying it. The fencing is eight foot
4 COMMISSIONER EAGLETON: 1'd like to ask one 4 Cedar as we talked about. And -- and Itll show you on our
5 question, if I could. 5 site plan there's an existing gap between the Hunters
6 COMMISSIONER STRANGE: okay. 6 Ridge and Ellison Park. There was no fence. We've agreed
7 COMMISSIONER EAGLETON; on this item number 7 after the meeting, talking to one of the neighbors to fill
8 ten here, the fence will only be constructed adjacent to 8 that gap in and -- so we're proposing that we will also
9 those lots where the homeowners have given pennission. So 9 fill that gap in as part of the zoning.
10 are we saying that those lots that are adjacent -- if one 10 The buffer zone again, at the meeting we
11 homeowner doesn' t give permission but homeowners on either II agreed that the large trees would also be at least a
12 side give permission -.. 12 minimwn of ten foot height So we've added that in here.
13 MS. SHELTON: Then they're -- they really 13 And again~ with the lot grading, instead of doing it all
14 canft go on to their property -- would be the adjoining 14 at once, we think it's better just to do a lot by lot
15 fence -.. 15 grading, and then we can individualize each lot, and if
16 COMMISSIONER EAGLETON: okay. 16 there's a tree that can be saved, we can move a building
17 MS. SHELTON: I assume -- I assmne the 17 around instead of going in there and clear-cutting
18 applicant is not comfortable going on"to someone elsets 18 basically and mass-grading the site, we believe that it's
19 property . 19 -- will serve us better instead of putting in all of the
20 COMMISSIONER EAGLETON: okay. Okay. 20 trees at one time and all of the irrigation out there at
21 Thank you. 21 one time, to do it as each lot develops~ It will be
22 COMMISSIONER STRANGK AnY other questions 22 individualized and I wasn t t sure if Lori had said that
23 of staff? Thank you, Ms. Shelton. 23 there will be one irrigation system, but each lot will be
24 Wer II now open the public hearing. Is the 24 irrigating their lot in back of it All of the
25 applicant here and do they wish to speak? 25 landscaping will be maintained by one landscape fIml, but
Con den selt 1M
PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006
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1 the irrigation will be each individual lot will have their 1 answer?
2 own irrigation irrigating that buffer when it goes in. 2 COMMISSIONER STRANGE; I have a question.
3 And again, with the retention ponds, it's a 3 MR. REICHHA.RT~ Yes~ sir.
4 point of contention with the neighbors, and r m sure 4 COMMISSIONER STRANGE: rust make sure I
5 they'll bring that up~ If they're required by the City~ 5 understand what we're talking about. When you have your
6 you know, wefn put retention ponds in -- theytre not 6 plat back up -- or your lot layout up there, you're
7 detention ponds. Or they're detention -- Pm sorry. 7 talking about developing the southern lots adjacent to
8 We're detaining the water~ My verbiage here is wrong. We 8 Teasley which would be the --
9 don't want to retain it forever. We just want to detain 9 MR. REICHHART: well~ we are not going to
10 it. They're going to be detention ponds, so my verbiage 10 commit to developing the southern lots first or the
11 here is mongo They're detention ponds that we would put 11 northern lots first~ but I don r t know if that is a
12 in only if necessary and we'll work with the city 12 condition in the ordinance~ but we don't want to make that
13 engineers and our engineers to put those in~ so it. s 13 as a part of the overlay. I dontt think we had conunitted
14 detention ponds. 14 to that.
15 Thatt s it. One other thing I think Lori 15 COMMISSIONER STRANGE: well, in our backup,
16 had mentioned that -- said that the south lots might 16 what she just read a while ago, that's what it says~ the
17 develop frrst. Wefre not really sure which lots would 17 southern lots adjacent to Teasley would be developed
18 develop fiTst, so we can t t commit to anyone lot 18 before the lots to the north. And the question I have
19 developing first. I'd just like to point out again, 19 coincides with kind of a second point because follow me
20 here's our site plan, if we can get the overhead that we 20 through on that~ if you did that~ and then you're also
21 looked at. And here' s our tentative locations, internal 21 talking about that you donrt have to create the buffer
22 for the dumpsters and then along here~ And again, they'll 22 until the lot is sold and developed by the individual
23 have masonry encloslU"es. And again~ we bave a 30.foot 23 owner. That would mean that nobody would be creating a
24 buffer. On here it says setback~ but ifs really a 24 buffer if you develop the four southern lots back against
25 buffer . 25 the Ellison Park Subdivision. So that seems -- that seems
Page 18 Page 20
1 Again~ this is a sketch and we've shown 1 odd to me. So why doo't you tell me what you're planning
2 some of the neighbors, and it shows some encroachment into 2 on doing there.
3 the buffer area with the parking and we want to assure 3 MR.lRWIN: craig Irwin at 525 South
4 everybody that the buffer is intended as a buffer, no 4 CarrolL What the plan was here was to basically come in
5 parking, no buildings~ nothing but landscaping. Again, 5 and do the grading for the fire lane ~nd the drive and
6 this is a sketch plan of what we're proposing to do. As 6 then be able to develop either side of that drive~ And
7 far as the architecture of the building, here's some other 7 Ellison Park being over here on the west boundary and if
8 examples that the client has built before~ and this is 8 my directions are: right, this is the south portion up
9 what wetre looking to do, single story, as we said, 9 here, so wbat we would do, what we were saying is we
10 masonry, 80 percent, minimum on all sides of the building. 10 didn't want to go in and do all of this grading initially
11 You know, the pitched roof, this type of character 11 and then if a client or if we wanted to build a building
12 throughout the entire development We haven't designed 12 here, it would be more like a custom home and we could
13 anything yet, but we believe the architecture conditions 13 come in and grade around a tree, if we could save a tree
14 that we've imposed on to the overlay will enable us to 14 possibly. But this would all be left natural until each
15 guarantee that it will be this flavor~ if you will 15 lot was developed. We didn't intend to say that these
16 throughout the development. 16 would be developed first. It would kind of be the -- the
17 We've tried to meet with the neighbors. 17 grading of this would come and then werd be able to
18 Wef ve gotten the opposition below the 20 percent. Still 18 develop both sides of the -- of the drive.
19 hovering close to it, but we have dropped it below the 20 19 MR. REICHHART: AdditionallYt just putting
20 percent~ Continuing to meet with the neighbors and trying 20 in the road~ out intent -.. all of the vegetation in here
21 to address their concerns. I'm sure they're going to come 21 would remain until this lot would be developed~ So, in
22 fonvard and bring up different topics~ But r d be happy 22 fact, you t d even have, I don't know if that would be 100
23 to address any issues or any questions that you have, any 23 foot or 120 feet buffer.
24 clarification that you might need regarding any of the 24 MR. IRWIN: rtrs 150 feet to the center of
25 things that we're presenting here tonight. Anything I can 25 this drive.
PLANNING & ZONING REGULAR SESSION, OCTOBER 1 I, 2006
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1 MR. REICHHART: TO the center line, so 1 thing, from 30 feet versus 50 feet, and wbat you were
2 you t re even going to have a more natural buffer and if you 2 going to put there. And I still have some concern as to
3 go back to the aerials of the site, there is quite a bit 3 how this gets buffered if it does not get fully developed.
4 of an existing vegetation out there. So if the southern 4 MR. IRWIN: can I answer that for you?
5 lots develop first, you have a natural vegetation already 5 COMMISSIONER STRANGE: Sure.
6 in place screening those lots, so the 3D-foot buffer 6 MR. IRWIN: The reason we kind of changed
7 wouldntt even help you any, I mean, wouldnft apply that 7 and went to this is -- the overriding concern is the
8 much. The fence will go in. But there is natural 8 existing trees. And I don't want to over-promise and say
9 screening already on the site, some nice trees, and 9 we're going to save all of the trees because thaes not
10 underbrush already on the site that would already screen 10 possible, but in not grading the site until each lot is
11 or provide that buffer in the distance itself, so if the 11 developed, we felt like more trees would be saved --
12 south lots do develop first, you have the natural buffer. 12 COMMISSIONER STRANGE: Right.
13 If the northern lots develop first, you'll have the 30 13 MR. IRWIN: -- than the other way. So
14 foot buffer with the landscaping. 14 that t s where we were going with that, and we may give up a
15 COMMISSIONER STRANGE: Just on a lot by lot 15 little bit by not having irrigation and all of the grading
16 basis. 16 on the buffers~ but we feel like we may be able to save
17 MR. REICHHART: On a lot by lot basis. 17 some of the bigger trees if they're .. you know, when we
18 COMMISSIONER STRANGE: So if in your 18 do a tree survey, if there is a tree in the corner of this
19 example, lot 4 developed first and then lot 3 didn't 19 lot, an architect and we could work together and kind of
20 develop for two years, the people sitting right behind in 20 build around that tree versus going in and grading all of
21 Hunters Ridge, Lot 3, essentially have no buffer. 21 this and then putting irrigation in. We probably would
22 MR. REICHHART: well, in this case, that's 22 not be able to do that, so that's how we got to this
23 one whole lot right there. But they would get this 23 point.
24 landscaping. There's no development in back of them right 24 COMMISSIONER STRANGE~ okay.
25 here. I would -- why would they need a buffer? I mean, 25 MR. REICHHART: The idea -- one way to
Page 22 Page 24
1 if there's no development in back of them -- 1 develop this site is to come up with a full site grading
2 COMMISSIONER STRANGE~ well, there's 2 plan for the site and do all of the mass grading right
3 development to the side of them. It's just all one lot. 3 now, cut down all of the trees you're going to cut down,
4 MR. REICHHART: But they all -- they have 4 grade the entire site and then come in and plant the
5 an extensive buffer right here and the natural buffer 5 30-foot buffer, irrigate it and you have your 3D-foot
6 right here. 6 buffer, and then come in and build your ..- build your
7 COMMISSIONER STRANGE: well, you said 7 buildings. Another way to do it is to come in and have a
8 that's all one lot. Why don't you put the aerial up there 8 drainage plan and a generic grading plan, if you will,
9 so we can see what wetre talking about. 9 that I know I need to bring the drainage down here and get
10 MR. REICHHART: I don't know if that helps 10 it over to this location and put the road system if you
11 you enough. These are some of the existing trees on the 11 will, the parking lot, the driveway and then come in and
12 site. 12 basically, like Craig said, custom build this building.
13 COMMISSIONER STRANGE: I think that one -- 13 And if I need to carve out this comer here
14 the aerial is the better one. Because what I'm kind of 14 to save a tree, now I can be a little bit more flexible,
15 looking at there you maybe have -- it r s hard to tell from 15 get a retaining wall, maybe not have to lose a couple
16 that, but maybe a balf a dozen or so trees on the north 16 existing trees and possibly not grade this 30.foot buffer
17 side and a couple of big open gaps and more down towards 17 and save some trees that are back in there. If you'll
18 the Teasley Lane side. 18 look along the back of the property line in the overhead
19 MR. REICHHART: I would say more on the 19 in this area and the neighbors might be able to point this
20 north side, but -- 20 out too, there are some very large trees that are very
21 COMMISSIONER STRANG& Pm just looking at 21 close to the property line that hang over and, you know,
22 the ...- from the last meeting when we asked you-all to go 22 our northern neighbors and the neighbors to our west
23 back; one of the big concerns that I heard from three 23 enjoy, you know, the shade from those trees and would like
24 times as many people that are here tonight, so I would 24 to see those trees saved. And that was the intent of
25 assume you solved some issue there, was the buffering 25 trying to go to the, you know, lot by lot grading and
PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006
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1 trying to be more custom~ if you will, in our approach. 1 it. s kind of bard to count, but r m counting a bout 20
2 And I think, and, obviously~ the folks will come up and 2 parking spaces per building. And you're talking about
3 say if they I re in favor of that or not, but I think they 3 9,000 foot buildings. Is that going to meet the parking
4 were more in favor of that idea as opposed to going in and 4 requirement of one to 350.
5 just mass-grading the site, going in and just putting in S MR. REICHHART: FOf a 9,000 square foot
6 your 30-foot buffer and putting your small, you know, the 6 building, it wouldn't, but we're showing 4,500 to 5,000
7 buffering right now and then popping the buildings in. 7 square foot buildings on this site plan. You probably
8 COMMISSIONER STRANGE: And also, where are 8 can't -- you might not be able to read that on the screen.
9 you looking at putting in your detention pond. 9 COMMISSIONER STRANGE: NO, I can't see --
10 MR~ REICHHART: If -- if needed, there 10 I'm reading here, it says buildings will be 9,000 square
11 would be -- this is a low site, low portion of the 11 feet.
12 property -- oh, 11m sorry~ I could have shown you on the 12 MR. REICHHART: well, maximum of 9,000
13 overhead. But this -- the site is draining towards this 13 square foot. So I can f t remember if the Code allows up to
14 comer of the property so we're looking somewhere in here 14 15, but we were capping it at 9,000 with the idea that
15 and the other -- there's a hill basically right here and 15 some of them might want to come in and purchase or build
16 we. re -- a little bit of the site is draining that way. 16 on Lot 4 --
17 We're not really sure if we're going to need one back in 17 COMMISSIONER STRANGE: TWo lots.
18 this comer given that we can get most of the drainage, 18 MR. REICHHART: -- and 3 and put one bigger
19 we t re looking j list a little hit of back yard, drainage 19 bui1ding~ If they're going to do that, the maximum size
20 basically back here. 20 would be 9,000 square feet. But in your scenario, the
21 But the only two locations wetd have to 21 parking would not accommodate a 9,000 square foot
22 have one is here, these two comers and the most probable 22 building; so they would bave to purchase two lots or build
23 location would be in this comer. But and, again, our 23 on two lots.
24 engineer is telling us there is -... there are alternatives, 24 COMMISSIONER STRANGE: NO. I couldn't see
25 you know, obviously, we haven tt platted the property and 25 45 -- I was just reading from here. I was going to say
Page 26 Page 28
1 it -- and brought this forward to the City~ but that would 1 the parking is not going to work.
2 be the most probable location. Wefre looking at something 2 !-dR. REICHHART: Like on Lot 4, that's 4,950
3 that's 15 to 18 inches deep, shallow. 3 and the biggest building is 5,600 on the corner. So we're
4 MR. IRWIN: And it's, obviously, not been 4 in the 5~OOO, what's being shown as the 5,000 square foot
5 engineered and wbat ..~ what we were trying to do; we've 5 range~
6 been told that this is a problem with flO<Xiing over here 6 COMMISSIONER STRANGE~ And you' 11 have
7 in this comer. So the engineer said, you know <J we may be 7 enough for medical, enough parking under the new medical
8 able to help that with a retention or detention pond here 8 requirements.
9 and here. We spoke tonight with a resident that lives 9 MR. REICHHART: And~ againt if there -- if
10 here and they've said that they really don't want one here 10 there was medical, we'd probably need a little bit more
11 if we don't have to so -- and we're fine with that. That 11 parking. So it's all flexible. It -- obviously~ we'd
12 was kind of put there thinking that we were helping a 12 have to meet Code and --
13 flooding problem there; but if we can put it in the zoning 13 MR. IRWIN: Hers kind of laid this out and
14 and say that we won't put one in if itts not required by 14 it r s preliminary obviously ~ We hadn't started working
15 the City, then we're -- 15 with tenants or any of that but he's kind of laid it out
16 MR. REICHHART~ we're fine with that. 16 as a mixture.
17 MR. IRWIN: -- happy to do that in both 17 COMMISSIONER STRANGE~ okay.
18 placesA I think and Mr. Cae is here. He may want one 18 MR. IRWIN~ I think some of the buildings
19 here and if be does, to help his probl~ then we're 19 might meet a medical parking requirement and the ones in
20 willing to come in and put one in right here if that helps 20 the back would not. They would be the one per 450, is
21 that or if the engineers say therets a better way~ then 21 that what the ....
22 you know, we're willing to work with him on that, both 22 COMMISSIONER STRANGE: 350.
23 sides. 23 MR. IRWIN: 350.
24 COMMISSIONER STRANGE: And the other 24 COMMISSIONER STRANGE okay.
25 question I've got -- excuse me; another question rye got, 25 MR. IRWIN: SO it's kind of laid out as a
Con den selt 1M
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1 mixture there. 1 piece of property~
2 COMMISSIONER STRANGE: okay. 2 One can only assume that the property was
3 COMMISSIONER EAGLETON: Mr~ Chainnan, one 3 bought 13 or so years ago for a profit. It is very
4 question. 4 curious that the Mormon Church stood in this very room
5 COMMISSIONER STRANGE: Mr~ Eagleton. 5 shoulder to shoulder seven or eight years ago fighting
6 COMMISSIONER EAGLETON~ The entrance on 6 with the residents over there against Wal-Mart~ but now,
7 Teasley Lane, for folks who are driving east on -- or 7 theyrve decided to take the highest commercial bidder for
8 driving from the west to the east on Teasley Lane, if they 8 their land. I guess after seeing the profit it can bring,
9 want to enter on this southwestern side, is there a -- how 9 the residents are now a secondary concern.
10 will they do that? Is there a turnaround there or is -- 10 Reasons not to develop it this way ~ 41 ,000
11 as I recall, there is a median there; is that correct? 11 square feet of any commercial development on this property
12 MR. IRWIN: Therels a median cut. This 12 is too much. This corner has been fully developed
13 would line up with the median cut. 13 commercially already since the church bought it especially
14 COMMISSIONER EAGLETON: There would be one, 14 now with the cvs there. cvs store r S sales volwne can only
15 okay~ 15 increase the traffic congestion in this area especially if
16 MR. IRWIN: There's an existing one now. 16 they choose to match W al- Mart' s $4.00 generic prescription
17 MR. REICHHART: Right across from the cvs 17 plan, and eventually, they're going to have to~
18 entry, there's -- 18 Two, this proposed development calls for
19 COMMISSIONER EAGLETON: Right, okay~ 19 one entrance in and one exit cutout, one on Lillian and
20 MR. REICHHART: .. a median cut And that 20 one on Teasley~ This will be a natural for inpatient
21 was one of the issues that folks wanted an additional 21 motorists to cut through when they don't want to wait for
22 V-turn lane, but TXDOT wouldn't allow any additional 22 the light or to make aU-turn. This will make it
23 V-turn lanes anywhere in that stretch because there isn't 23 dangerous for anyone walking on the sidewalk on either
24 enough room to do it, so it would have to be right there. 24 Lillian Miller or Teasley any time of the day or night.
25 MR. IRWIN: This also, and you guys know 25 This is the only side of Teasley the kids can walk on now
Page 30 Page 32
1 this, but just clarification, this is preliminary and 1 from school. There are already four crossing guards there
2 we've not even started platting so the entrances and all 2 now and one guard was abnost hit crossing with the kids
3 of that would be scrutinized, I'm Sl.lre, at the platting 3 not too long ago.
4 stage. 4 This land is too tightly nestled in
5 COMMISSIONER STRANGE: okay. Any other 5 surrounding residential for eight buildings of five to
6 questions of the applicant? Thank you very much. 6 9,000 square feet. To prove this point, I have been
7 I have cards of those people who wish to 7 running on this comer, crossing Lillian Miller 5: 30 a.m.
8 speak. The frrst person to speak will N ori Carcieri 8 16 years and was hit by a truc~ by a motorist trying to
9 followed by Charles Parker. 9 make a left-hand turn over there one morning, and this was
10 MR. CARCIERI: First~ let me say..... 10 before the cvs was there, okay.
11 COMMISSIONER STRANGE: could you please 11 Also, there. s a blind hill where tvlo
12 give us for the public record your name and your address, 12 children were killed coming down that hill because they go
13 please. 13 too fast and they can't stop in time to get to that light
14 MR. CARCIERI: Non Carcieri, 911 Smokerise 14 on Teasley. Mr. Irwints representative stated in one of
15 Circle, Denton, Texas. Firs~ let me say I oppose this 15 our neighborhood meetings that this development would not
16 planned development of approximately the 41,000 square 16 increase the traffic. I don r t know how he can say this
17 feet of offices and so-called professional services of the 17 especially when all of the development thafs taken place
18 property~ Let me first say before I -- in my opposition, 18 in the Windriver neighborhood, all of those _M all of
19 I believe Mr. Irwin does do nice developments. He does 19 those strip plazas are going to be there, and the theater,
20 nice buildings from what I have seen. Herets the real 20 wheret s the peep Ie going to be? They're not all going to
21 issue at hand, the Mormon Church purchased this property 21 travel on 35 going north and south. They're going to come
22 for a church knowing full well that it was not big enough 22 to that corner obviously for the development. Also~ and
23 to put a church there. This is evident in seeing each of 23 just as important, the residents that have made a
24 the churches they currently have and are building now that 24 residential investment property did so in good faith
25 are much bigger facilities that could ever go on this 25 relying on the church to keep to their word.
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1 The traffic danger, the noise and the .. 1 nobody wants that
2 and the dumpsters, the dumpster noise is going to take 2 Basically, the -- Mr. Strange, you asked
3 place on development. Why should they have to put up with 3 about the eight buildings and the sizes. That plan
4 this? They bought the land in good faith~ They bought 4 includes I believe 40,800 square feet at 250 square feet
5 their property in good faith believing there was going to 5 per employee. That equals 160 employees. That's why we
6 be a church or it was going to be held residential. Now, 6 have a concern about density. That, to me, is the big
7 it's being sold to -- for commercial. 7 issue. If 20,000 square feet were proposed on this site,
8 COMMISSIONER STRANGE: I'm sorry. We have 8 I think the reception would be a whole lot warmer~
9 a three-minute rule, and you've approached your time~ 9 The second issue that we have or the second
10 MR. CARCIERI: okay. In closing I'd 10 major issue, the buffer zones are currently proposed to be
11 suggest Mr. Invin go back to the church and renegotiate 11 drainage retention ponds in the buffer zones. I would
12 the development and see if he can make this thing work 12 hope that we would be able to maintain the trees and the
. 13 with less square footage. Thank. you for your time. 13 natural and that at a lower density, that we could move
14 COMMISSIONER STRANGE: Thank you for you 14 the retention ponds into the vacant land that's outside of
15 comments. Next to speak is Charles Parker followed by 15 the buffer zone. Thank you guys very much.
16 Lynn Thompson. 16 COMMISSIONER STRANGE: Thank you for your
17 MR p ARKER~ charles Parker, 1524 Hunters 17 comments.
18 Ridge Circle. My back yard backs up to the proposed 18 Next to speak is Lynn Thompson.
19 rezoning site. As I said last time, our subdivision was 19 MS. THOMPSON: My name is Lynn Thompson~
20 subdivided and zoned uniformly SF.16 in '93. As such the 20 1520 Hunters Ridge Circle. r m president of our
21 church site was bought for less money and the home sites 21 Homeowners Association. And rve been talking to Craig.
22 sold for more. Had it been zoned commercial at the time, 22 for a number of weeks regarding this. And I was all set
23 obviously, the church site would have sold for a good bit 23 to approve it, but there were some things left out that we
24 more and we wouldn't bave bought our houses where we did. 24 had agreed to and I have some pictmes here of some things
25 That iSt to me, a good point in terms of why we opposed 25 that I want to supply. I guess I really don't understand
Page 34 Page 36
1 the zoning change and the concept zoning change. Here's a 1 the deal with the buffer zone. It's either all or
2 blo\VUp of the recorded plat. Rerers the proposed zoning 2 nothing~ It's either mow down the trees, level it all
3 change. Here's my home and here's our neighborhood. We 3 down to grade level for their site plan or leave it alone,
4 would like to see the zoning stay consistent and I turned 4 put up a retaining wall, and put up a fence to be an
5 in a document to the -- to Ms. Shelton today containing 18 5 actual buffer to separate us from this development.
6 signed statements of opposition, 18 of the 21 homeowners 6 I think he'll do a lovely job. I like what
7 oppose the zoning change, okay. It's hard to get 18 out 7 r ve seen of his work. But as you can see from the
8 of 21 neighbors to agree on anything, so I'm grateful to 8 pictures that Itm passing around here. These are
9 my neighbors for their opposition. 9 retaining walls that are put up all over town. I drove
10 The reason we oppose, currently zoned~ 70 10 around on Sunday morning and took pictures. And on top of
11 percent landscaping required under NR- 2. under the zoning 11 those retaining walls are fences separating either
12 change" that drops to 20 percent. That's a dramatic 12 developments or businesses from businesses. And some of
13 effect on just the beauty of the site and the impact of 13 those are in excess of 30 feet, I'm sure~ And I tried to
14 the people who live right next door. Likewise, the use 14 label all of them on there. And I gues s that's what I
15 changes that have been bandIed. Parking is a big issue 15 don't understand, why can't we have the buffer zone cut --
16 for us. I love the city where I live, but the parking 16 cut around the trees that are on the buffer zone to save
17 standards are tight right now. You're probably all aware 17 those. Because if it. s not done .. in my opinion, not
18 of the transportation that bas to take place from 18 done that way, then what we're looking at is a possible
19 the new cardiologist's office which is right here on the 19 chance of battling four or five people~ whoever buy those
20 map and So"uthmont Baptist Church. Under 80 percent 20 northern lots, and they may not want to configure their
21 densityt that cantt be fixed. I believe Mr. Irwin will do 21 office to accommodate these trees. And I have within my
22 his best to build enough parking, but unless we cut the 22 -- I ovm -- I don rt have a plat~ but I own the comer pie
23 density, we cantt fix the parking~ And the logical place 23 lot, and I live next door to Charlie Parker and I have
24 is, if you can't park here, it r s natural to go right 24 three large trees in that buffer zone that I see over my
25 around the comer and let the employees park there. And 25 fence. And if he wants to cut the grade down below the
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1 buffer as it exists now, it's going to damage the 1 that we should only have 20,000 square foot of building on
2 integrity of my retaining wall which I have set up because 2 this property, you know, obviously, that could be a
3 had I not put up a retaining wall, my fence would have 3 condition of approval but the property really
4 been non-existent. My fence would have been here. And if 4 theoretically can't be developed at that standard. I
5 you were my home, you would see directly in my back yard 5 think what werre trying to bring forward is a reasonable
6 because it would be ground level out here. And I'm -- I 6 project given what's happening on the corners or .- and
7 would like this addressed. 7 how the area is being developed, offices, commercial
8 Also, I had asked Mr. Invin to agree to not 8 properties and we believe we're trying to be sensitive to
9 allow an abortion clinic there because that would put our 9 what the neighbors concerns are -- Craig, did you have
10 homes in danger. And he said he would and that was not 10 anything that ..-
II addressed. Thank you for your time. 11 MR. IRWIN: Yeah, I guess just kind of on
12 COMMISSIONER STRANGE: Thank you for your 12 that flOtet the density -- this is a preliminary site plan
13 conunents. 13 that we drew and we drew square boxes on here and labeled
14 Those are the only three cards that I have 14 square footages for building envelopes, so we're .- we've
15 for people who wish to speak. Is there anyone else here 15 not proposed a density. We've not really proposed eight
16 who wished to speak? Okay. I do have three cards for 16 buildings and wetve put a maximum building size on there.
17 people who are opposed but do not wish to speak. I'll 17 Werve tried to address every concern. If you look at the
18 read them for the record. Terry Thompson. Ismael Ramirez 18 overheads, this developmentt s got more grass and open
19 and Cynthia Wright And Esdras Passos and Giovanna 19 space than the subdivisions that surround it by the --
20 Passos. Does the applicant wish to have any rebuttal? 20 looking at the overhead, so 00- we feel like curb appeal,
21 MR REICHHART: First off, Ms. Thomp son is 21 drive-by, therers a whole lot of grass. There should be
22 right. We did forget about the abortion clinic and we 22 trees left. Talking to neighbors, some neighbors want the
23 would have no problem striking that as a permitted use, 23 site graded, buffer zone maintained. Many neighbors have
24 and thank her again for bringing that to our attention. 24 said they like this approach, try to go in and customize
25 Regarding the retaining walls, and again, the -- the idea 25 lots and save trees. We're not opposed to going in and
Page 38 Page 40
1 that we're looking at trying -- and to some extent, you 1 grading the whole site and stop right there at the buffer
2 know, showing the Home Depot and major apartment complex, 2 line~ But if there's a tree up here in the front of this
3 you know, multi-million dollar projects and showing those 3 lot, it's going to be taken out if you grade this whole
4 retaining walls is a bit different than what we're trying 4 half of this lot~ so that was the reasoning behind that.
5 to do on this site. But the idea of -- we're trying to 5 It's not trying to trick anybody with a false buffer zone.
6 grade the site so we don't need a retaining wall and 6 I guess the frustration is when we left our last
7 retain the existing trees and tailor a retaining wall 7 neighborhood meeting, we had 11 notices turned in. Eight
8 around a tree on a site by site basis. If the idea is go 8 or nine were in approval and two were opposed. And
9 go in there and do the mass grading again, is what 9 there's a few people working real hard to get it ...- yeah,
10 happened on those pictures that you showed is what we're 10 to get it to go back to the opposition deal. And that's
11 trying not to do and trying to be sympathetic to the site, 11 -- that's frustrating because a lot of the issues we feel
12 so yeah1 it could be done to go in and do the mass 12 like we work out and we work through and then we show up
13 grading. But the idea, again, is to try to tailor each 13 and we, you know, have a solid pink neighborhood that's in
14 building and each individual site to the site and try to 14 opposition and that's not the -- that's not what happens
15 get something that fits into the character a little bit 15 at the neighborhood meetings. So 1 think if the site
16 more of this property than to have to have a 3 Q-foot wall 16 needs to be houses, then we're wasting our time, if you
17 that is a little bit Wlnatural really on a piece of 17 guys want houses built out here. I feel like this is a
18 property. The idea a, you know~ the parking -- something 18 real low density subdivision and we've tried to meet all
19 about ...... was mentioned about parking standards and the 19 of the needs that we -- that we feel like we can. But we
20 density ~ There is no correlation. I mean, the amount of 20 may be fighting a losing battle~
21 parking that you need is related to the amount of square 21 COMMISSIONER STRANGE; Let me ask a couple
22 footage that you have. If you have 200 square feet, you 22 questions of here. One; as I read the information given
23 need a certain amount of parking. It's a percentage 23 to us this is like a proposed overlay district?
24 basically based on the square footage of your building. 24 MR. REICHHART: COrrect.
25 So to say -- you know, to reduce and say 25 COMMISSIONER STRANGE: And we bad nine
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PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006
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1 items that were overlay items before we added two more. 1 know that that t s right, that there are 11. And I don' t
2 So now we have a list of 11~ I guess you've seen those or 2 know that that. s the same 11 you have. So I guess what
3 seen that list or maybe youtve provided it. We have come 3 I'm trying to figure out is what we have in front of us to
4 back, I guess, on Item 7 is the one where it said 4 look at as conditions to the overlay versus what you think
5 originally that the entire buffer zone would be irrigated 5 we have, I just want to make sure of so that wetre not --
6 and installed prior to the first co. And then there was 6 we're not going to frustrate you further.
7 -- what we were read to as a modification. And I guess 7 MR. REICHHART: The way we had intended
8 later you retracted it, and that is that the southern lots 8 number seven to read is more --
9 would be developed before the northem~ We've gone 9 COMMISSIONER STRANGE: I'll tell you for
10 through that. 10 the audience~ I don It know if you've got that that you can
11 Is that Item 7 a relevant item. Is that 11 put there so everybody can see what we're talking about
12 entire buffer zone going to be irrigated and installed 12 MR. REICHHART: There t s a lot of notes on
13 prior to the first certificate of occupancy? Because 13 this one.
14 thatts not what I'm hearing you say now. 14 MS. CARPENTER~ Yeah, let' s put Lori's --
IS MR. IRWIN: NO. That was the original 15 COMMISSIONER STRANGE: Well, letts put a
16 intent, and then now the intent would be before each 16 clean copy. Letts do the censored version. Maybe we
17 building --- like if, in your example, lot 4) if that was 17 better focus it in to do just -- yeah, there you go.
18 developed, before that certificate of occupancy would be 18 MS. SHEL TON ~ I can verify this. I wrote
19 issued on that building, that buffer zone would be in 19 it. This portion was what was originally proposed. That
20 place and irrigated. But Lot 3 would not be. It would 20 in parentheses what was changed. So like number eight, I
21 still be left in its natural and the grading would stop up 21 have no change~ So the original one stands. The -- so
22 here at this road. 22 this is the portion other than the .... the idea that the
23 COMMISSIONER STRANGE: Right. 23 southern lots would be developed fIrst was more of a
24 MR. IRWIN: And the reasoning is there if 24 justification of why they wanted to leave that northern
25 there are trees in front of these buildings) they might be 25 section as is until those lots were developed, not
Page 42 Page 44
1 a ble to be -... be saved. If the neighbors and you guys 1 necessarily a requirement that the southern lots would be
2 think it's better to cut this and irrigate and put trees 2 developed frrst. But a justification that if those are
3 in, then we're willing to do that~ also. 3 developed frrst, then as the northern lots are developed,
4 COMMISSIONER STRANGE: wel1~ 1'm all for 4 then they could clear and grade those lots and save as
5 saving every tree just like it stands~ It's hard to do. 5 many trees as possible.
6 I know that from a lot of years of experience. I think 6 COMMISSIONER STRANGE: well) the point now
7 one issue I'm having a little problem with is that wefre 7 is that -- that we. re not going to do any clearing or
8 being asked to vote on an over lay district that -.. 8 grading other than putting that main road in until the
9 MR REICHHART: Is your number 7 shaded 9 lots are sold; is that what you t re saying?
10 similar to this? And this was an earlier -- 10 MR. IRWIN: That's what we would propose,
11 COMMISSIONER STRANGE; I sbaded mine after 11 yeah, that's what we would like to do and just feel like
12 you said it wasn.t there. I marked it out. 12 there's a better chance to save the mature trees on the
13 MR REICHHART: I mean the way -- excuse 13 site by doing that.
14 me, and I might have an earlier version of this, excuse 14 COMMISSIONER STRANGE: okay~ All right.
15 me. The applicant is proposing to leave the northern 15 MR. REICHHART: In essence, the entire
16 portion of the property in tact, no clearing or grading 16 buffer zone will be irrigated, will be landscaped, but it
17 until the lots are developed~ Is that similar to what you 17 will be irrigated as each lot is developed.
18 have? 18 COMMISSIONER STRANGE: okay. And we also
19 COMMISSIONER STRANGE: NO. 19 had a comment from one gentlemen about noise from
20 MS. CARPENTER DO you want my copy? 20 dumpsters. Number nine originally was 75 feet from
21 MR. REICHHART: please. 21 residential. And now we've changed it to 100.
22 COMMISSIONER STRANGE: I think my 22 MR. REICHHART: A minimum of 100 and with a
23 situation, Mr ~ Reichhart is that wet re looking at an 23 -.. with a masonry enclosure.
24 overlay district that's going to bave conditions to it. 24 COMMISSIONER STRANGE: So- the 100 is right
25 What we bave in our backup has 11 conditions and I don't 25 there?
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PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006
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1 MR~ REICH HART: That is correct. 1 MR. IRWIN: Yeah.
2 MR. IRWIN: 7S was the original and then we 2 MS. CARPENTER; okay. Thatls it
3 changed it to 1 00 ~ 3 COMMISSIONER STRANGE: And the only
4 COMMISSIONER STRANGE: okay. And we are 4 question I' ve got about that is timing, I guess, when does
5 going to build a fence if people want a fence. S that take place? Again, is that on a lot by lot basis?
6 MR. REICHHAR T: Eight fence, yes, solid. 6 When are you going to develop the owner's association?
7 COMMISSIONER STRANGE: And you will build a 7 MR. IRWIN: It will be initially, so before
8 retention pond -- 8 any building goes in, the association would be in place.
9 MS. CARPENTER: NO, itls detention. 9 COMMISSIONER STRANGE: And you'll -.- you'll
10 MR. REICHHART: Detention. 10 do that?
11 COMMISSIONER STRANGE: Or detention. I'm 11 MR. IRWIN~ Yes. Yes, sir. Yeah, we'll
12 reading your writing again, detention. But that will not 12 do that.
13 be -- and it will not be in the buffer because one person 13 COMMISSIONER STRANGE: So the buffer will
14 did bring that up that would be in the buffer. Are you 14 be maintained?
15 going to build the detention in the buffer or not? 15 MR. IRWIN; The buffer will be maintained
16 MR. IRWIN: Honestly, we don't know because 16 but it won't be installed --
17 the -- we I ve not engineered the whole site, so I don't 17 COMMISSIONER STRANGE: Right
18 know where, you know, to keep water out of this comer 18 MR. IRWIN: h until the building is in~
19 right here, there may need to be a detention pond as close 19 COMMISSIONER STRANGE~ But like mowing and
20 to that as possible and my understanding is is if they 20 everything that I s got to take --
21 want a five foot or eight foot area for trees to be in 21 MR. IRWIN: Right Oh, yes, sir.
22 between there then then detention pond could be made a 22 COMMISSIONER STRANGE: -- trash pickup and
23 little bit deeper to catch more of the watec Thatts 23 all of that
24 something that I think, you know, when the City Engineer 24 MR. IRWIN: Yeah. It will be maintained.
25 and our Engineer.works on and we can work with the 25 COMMISSIONER STRA.NGE: Okay. Any other
Page 46 Page 48
1 neighbors and happy to do so, they replaced in these 1 questions of the applicant? Going once, going twice.
2 corners initially because these neighbors here on Ellison 2 Okay ~ Thank you very much. With that we will close the
3 Park said that their yards flooded, water came off of this 3 public hearing. And do we have a motion on this item?
4 hill and went into their yards~ If if s possible to 4 Mr. Eagleton.
5 develop it without a detention pond and if they don'1 want 5 COMMISSIONER EAGLETON: well, I don t t have
6 it, then we'll work with them or we could plant trees in 6 a motion on this item, but 1'm just concerned that, okay.
7 the buffer zone bet\.veen the property line and the ponds. 7 Here we are at this point with this -- with this piece
8 COMMISSIONER STRANGE: And you are going to 8 of property, if this doesn' t happen to it at this point
9 add under -. under -- I gues s it would go up under number 9 and maybe I shouldn't be bringing this up right now, but
10 one, pennitted uses, youtre going to exclude abortion 10 if -- if this development doesn't get built at this point,
11 clinic s there. 11 what eventually will happen to this because if it' s being
12 MR REICHHART: That is correct, yes. Yes, 12 sold as commercial, it occurs to me that itfs probably
13 definitely. And I don f t know if you have in there, but 13 never going to sell as residential because of the value of
14 the ..- also, exclude animal research. I don't know if it 14 the property and the location of the property and correct
15 did make the list, but we had agreed to that, too~ 15 me if It m thinking wrong here. But, you know, on the one
16 COMMISSIONER STRANGE: okay. Staff, did 16 hand it seems like we have an opportunity to have a good
17 you have a question? 17 development here that would prohibit something like, I
18 MS. CARPENTER: Mr. Chairman, can we just 18 don't know, a Wal-Greens or something like that coming in,
19 confIml the language in nwnber seven needs to ~d, let's 19 in the future. I don't knowJ just a point for discussion.
20 just strike everything except the following, the buffer 20 COMMISSIONER STRANGE~ Mr. Thomas.
21 zone will be included in the individual lots and owned by 21 COMMISSIONER THOMAS: I feet like based
22 the individual property owners and developed and irrigated 22 upon what has been done by this developer in the past~ I
23 as each lot develops. The buffer will be maintained by a 23 mean, they've done some nice developments~ I have to say
24 professional property management company through a 24 that I felt a little bit more secure the last time I saw
25 property owner. s association. Is that seven? 25 this. I feel like that there's still a lot of questions
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PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006
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Page 49
that are up in the air. We don't have our verbiage quite 1
right. There's still a number of issues that I think need 2
to be addressed. I do regret that it seems like there's 3
so much public opposition. I understand only a portion of 4
that public opposition and I agree with Commissioner 5
Eagleton that it probably will be a good development, 6
maybe a lot better than what could happen sometimes down 7
the road, although knowing that zoning is not a right. I 8
wouldjust like to see a little bit more development. The 9
other thing that I was curious about is are these 10
detention ponds going to be permanent or are they just 11
temporary. And if so, bow is that going to relate to the 12
trees and the buffer and that sort of thing? Those two 13
things don't normally go together that well. That's all. 14
COMMISSIONER STRANGE: well, Mr. Eagleton, 15
you asked for a response and I tend to agree with you~ I 16
think, you know, looking down the road as to what could 17
happen versus what we're looking at on the exhibits that 18
we're seeing tonight appears to be a reasonable -- a 19
reasonable use for the comer. lbe fact that it appears 20
to me that there's been substantial progress made. 21
Between the last meeting and this meeting we had ten or 12 22
people here last time, we only had two or three tonight 23
that got up. We do have some modifications that have made 24
into the proposed overlay. I think there are still some 25
Page 51
Number 7. They clarified 9, 10 and 11. And Mrs.
Carpenter, would you re-read your number 7? Wet d just
strike the whole thing and it would be inserted to reread.
MS. CARPENfER~ Nl.Unber 7 is proposed to
read as follows: The buffer zone will be included in the
individual lots and owned by individual property owners
and developed and irrigated with each -- as each lot is
developed. The buffer will be maintained by a
professional property management company through a
property owner's association and the association will be
in place prior to the fIrst co.
COMMISSIONER STRANGE: In that case, from
that clarification on that issue, I will withdraw my
motion.
COMMISSIONER STRANGE: well, and the only
reason I brought -.
COMMISSIONER THOMAS: To table.
COMMISSIONER STRANGE: Right Because I
thought she had -- we had clarified that one. So I just
wanted to make sure that if that was the one, that you
were aware that we do have new language and that is what
will be read into the record.
COMMISSIONER THOMAS: Yes.
COMMISSIONER STRANGE: okay~ Any other
discussion or do we have amotion? Or we can have a
Page 52
motion and more discussion? Well, since everyone seems
shy, rm going to make a motion that we approve -- let me
get back over here to get the right nomenclature. I
approve -- I make a motion that we approve Item N Q.
Z-06-0024 as an overlay district to include Items 1
through 11 as enumerated in the backup documentation and
with Item No. 7 to be -- sorry for the flipping. I'm
trying to get right to the right page. Item No.7 to be
deleted as it is currently in the overlay and Item N o~ 7
to be modified as Mrs. Carpenter has read it into the
record. And, also, that Item No. 1 is going to be
modified to exclude any abortion clinics. It's also going
to be modified to exclude any animal research. Itts going
to delete any community services. Item No.9 is going to
have the modification to it that all dumpsters will be 100
feet from residences ~ not 75 feet. And that the Solid
Waste Department estimates four dumpsters. Those are
modifications. Item No. 10 is new with the eight-foot
fence and Item No. 11 is going to be modified to say a
detention pond instead of a retention pond. And we're ..-
also have the comments into the record by the applicant
that if possible those detention ponds will not be in the
buffer. And that if they are they will try to maintain
some distance betvveen the property and the detention pond
as possible. And that they will be buffered as much as
PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006
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questions, MI. Thomas, about how this is all going to work 1
out. I think the wording can be probably wordsmithed by 2
our professional staff with the overlay before it gets 3
there, to the City Council for their approvaL And I 4
still have some questions, too, about the buffering and 5
the landscaping and how if s going to be done. But I also 6
think that this is probably going to be a good use for 7
this property. And so that -- that' s kind of my take on 8
it Mr~ Thomas. 9
COMMISSIONER THOMAS~ Let me get my buttons 10
to work correctly over here. 1'm not one for 11
procrastination. I really -- I hate to -... I do literally 12
bate to do this. But I would like to unfortunately table 13
this again until we can get some of this taken care of. 14
And 1'd put that in the form of a motion. 15
COMMISSIONER STRA.NGE: well, let me ask you 16
specifically what -- what is it you still have a problem 17
with. 18
COMMISSIONER TIIOMAS~ Again, the -- how 19
some of the verbiage is not -- what we're hearing is not 20
exactly what we're se.eing in written form. And; again, 21
some of the questions that I just expressed. And I think 22
you, you know, bad some agreement with also. 23
COMMISSIONER STRA.NGE: well, the only one I 24
thought that there was a real question about was Item 25
Page 49 - Page 52
Page 53 Page 55
1 possible. So that would be my motion. Stafr? Legal? 1
2 MR. DRAKE: Mr. Chairman, I just wanted to 2
3 clarify one point of your motion. I know that the 3
4 proposal that was brought forward was a rezoning from NR-2 4
5 to NRMU with an over lay that base-level zoning 5
6 redesignatioD; I didn t t hear that as part of your motion, 6
7 and I didn't know if that was intended to be a part of 7
8 your motion or not. 8
9 COMMISSIONER STRANGE: I guess I thought I 9
10 covered that when I went back and found the Z -- whatever 10
11 it was, because that is the zoning case. So, yes, I 11
12 intended for my motion to include everything under 12'
13 Z-06-Q0024 which is a rezoning with an overlay. So we 13
14 have a motion. Do we have a second? 14
15 COMMISSIONER WATKINS: second. 15
16 COMMISSIONER STRANGE: I have a motion by 16
17 the Chairman and a second by Mr~ Watkins. Do we have any 17
18 further discussion? No further discussion? Okay. 18
19 Please, vote. And the item passes 5-0. 19
20 20
21 21
22 22
23 23
24 24
25 25
Page 54 Page 56
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2 2
3 3
4 4
5 5
6 6
7 7
8 8
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10 10
11 11
12 12
13 13
14 14
15 15
16 16
17 17
18 18
19 19
20 20
21 21
22 22
23 23
24 24
25 25
Con den selt 1M
PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 20Q6
Page 53 - Page 56
CondenseIt TM
Page 57 Page 59
1 COMMISSIONER STRANGE: our next item would 1 the design standards and subdivision regulations of
2 be Item No. 58 and we'll hold off a second while we are 2 Subcbapters 13, 14 and 16 through 22 of the Denton
3 having a change of audience. We do have other items on 3 Development Code and other adapted policies1 codes and
4 our AgendaJ so 1'd ask if you all are going to have any 4 ordinances generally applicable. In tenns of Special Use
5 conversations that you do so out in the hallway. 5 Pennits t and Alternative Development Plansl any use that a
6 Now, we'll move forward to Item No. SB, 6 developer is proposing to establish may be a specific use
7 which is amendment to the Denton Development Code 7 within that Master Plan Community District provided that
8 establishing the Master Plan Conununity Zoning District. 8 such use is specifically incorporated into that section of
9 And Mr. Lockley is going to take care of that. 9 the Code. In other words, the Denton Development Code
10 MR. LOCKLEY: GOod evening~ Mr. Chairman, 10 itself identifies Special Uses and AOpIS. We want to give
11 members of the Planning and Zoning Commission. rm 11 the developer the flexibility to go ahead and identify
12 pleased to present to you this evening an ordinance 12 those uses before adoption of that ordinance if they
13 concerning the establishment of a new zoning district that 13 foresee that use being something acceptable under those
14 allows Master Plan Community Districts ~ The ordinance is 14 controlled conditions that will be established within the
15 -- this ordinance is a result of several meetings held 15 actual Master Plan Community District.
16- over the past nine months conducted by the City Council, 16 The process for the Master Plan Community
17 thee Planning and Zoning Commission, and the Denton 17 District will occur in three phases. Wet re proposing that
18 Development Code Conunittee. 18 the first phase be called a concept schematic plan. The
19 The purpose of this ordinance is to provide 19 second phase will be called a Master Plan Community Zoning
20 enabling legislation to facilitate large development 20 dOclUllent and the third phase will be the Master Plan
21 proposals. The Master Plan Conununity District will 21 Development Standards Document. Briefly, the Concept
22 accommodate large scale unified comprehensively planned 22 Schematic is just the introductory plan that developer has
23 developments that furthers the goals and policies 23 the opportunity to meet with staff prior to the submittal
24 contained within the Denton Plan. 24 of a Master Plan Conununity Zoning Document and the Master
25 This district is intended to provide an 25 Plan Community Development Standards. The Concept
Page 58 Page 60
1 alternative zoning district and develop, then processed to 1 Schematic is designed to aide the developer and the City
2 acconunodate substantial development for residential, 2 in preparing a complete plan and it may be referred to the
3 commercial, professional, recreational, industrial or 3 Chair of the ORe or the Planning Conunission or the City
4 other activities including combinations of uses 4 Council for review. The Master Plan Community Zoning
5 appropriately requiring flexibility under controlled 5 document is an application and development plan to be
6 conditions not othenvise attainable under conventional 6 reviewed by the Planning and Zoning Commission whose
7 zoning. 7 reconunendations are forwarded to the City Council for
8 The slide that is before you now is the 8 review~ Now, this document is what will establish zoning~
9 minimum land area. The minimum area :required for a master 9 It is the entitlement document essentially, but the
10 plan community district is 300 contiguous acres and that's 10 standards for the Master Plan Community typically
11 outlined, I gues s, in that pinkish hue and then within the 11 addresses the land use, the densities, setbacks, building
12 area that's identified by the hatch is the 125 acres in 12 heights, lot coverage<J and specifically identifies where
13 all of the other acres. So if you're located within the 13 the deviations will occur from the adopted Denton
14 core city as identified by the yellow hatch, all you need 14 Development Code.
15 is 125 acres to process your application under the master 15 Finally, the Master Plan Conununity
16 plan community. As well, areas within rights-of-way may 16 Development Standards Doctlll1ent, this is the third of the
17 be included in that computation for the minimum 300 or 125 17 threellart phase. And thatrs a detailed set of
18 acres~ 18 development standards that are reviewed by the Development
19 Now, in terms of the Master Plan Community 19 Review Conunittee and approved by the Planning and Zoning
20 District itself, the proposed district shall comply with 20 Commission and the Denton City Council.
21 the Denton Development Code except where mcxlifications are 21 The Master Plan COlllDlWlity Development
22 expressly authorized through the Master Plan Community 22 Standards Document sets forth the developert s proposal for
23 Zoning District, the Master Plan Community Development 23 and confirms compliance with the Denton Development Code
24 Standards Document~ and the Development Plan Map. The 24 and those chapters that it identifies. Now, an
25 proposed Master Plan Conununity District shall comply with 25 l application for Master Plan Community Development may be
PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006
Page 57 - Page 60
Page 61 Page 63
1 submitted for approval concurrently with the Master Plan 1 Conunission, and the City Council shall consider the MPC
2 Conununity zoning district. Finally, 1'd just like to 2 Zoning DOCulnent and the MPC DeVelopment Standards DOCUlnent
3 thank all of you for all of your hard working in reviewing 3 as one case and at the same thne. The applicant may
4 this document I know over the past eight months there 4 appeal the Committee t s decision to the COlnmission and the
5 was significant challenges that the Conunission faced and 5 Conunission 's decision to the City Council.
6 met head on and so thank you very much and that concludes 6 I will also say, Mr. Chainnan, that
7 my presentation. r 11 be happy to answer any questions 7 on several other pages, Page 748, 749 750, 751 and 752,
8 you have. S there are nlinor, no more than four word changes in a row
9 COMMISSIONER STRANGE: Any questions of 9 that have been nlade to the document that reflect a
10 staff? Did you have a comment? 10 positive response to public cormnents received and that has
11 MS. CARPENTER: I have a couple of 11 been included in your docmnent and is shown in the
12 comments~ 12 turquoise. I don t t have any other conunents, Mr. Chainnan.
13 COMMISSIONER STRA.NGE: MS. Carpenter. 13 Thank you.
14 MS. CARPENTER: Thank you, Brian. Mr~ 14 CO:MMISSIONER STRANGE: Any other questions
15 Chainnant the Planning Commission, I think held eight 15 of staff? Since you.aU thanked us for our work, we'11
16 meetings on this topic. The Planning Commission worked 16 thank you for all of your hard work and input and I know
17 very hard and struggled with some pretty significant legal 17 we frustrated you greatly dragging this out through eight
18 and community values issues as you worked through this 18 meetings but hopefully, we carne to some -- something that
19 ordinance. So you did -.. I want to honor the hard work 19 would be of value to the community, the City of Denton and
20 that you-all did and thank the legal department for the 20 the developlnent group that's coming here to make a future.
21 work that they did on this ordinance as well. When we 21 We will now open our public hearing. We have two cards of
22 left this ordinance last, we left it with one point of 22 people who wish to speak and one is interesting because
23 controversy and that was that the zoning portion was left 23 it's marked in support and opposition, so u I don't know
24 as separate from the development standards~ 24 how you can be for it and against it, but I'd like to hear
25 And I think you r 11 remember that we had 25 that. So:Mr. Reichhart, if you tll come down, you can tell
Page 62 Page 64
1 some -- we weren't all together on what the solution was 1 us that and then -- we'll have you speak first.
2 and you will notice on Page 7-46 of your dOclUllent 2 MR. REICHHART: Thank you. Lany
3 highlighted in red wbat the solution was~ And it reads as 3 Reichhart, Springbrook Planning Group, 2405 Mustang Drive,
4 follows: TIle ORe, the Planning and Zoning Commisison or 4 also a resident of Denton. More for than against
5 the City Council may require applicant to submit the MPC 5 especially after some of these changes. I, too, want to
6 zoning document and the MPC oevelopment Standards Document 6 just take a real quick moment and thank the Commission,
7 as one concurrent submittal when any of those bodies finds 7 staff, Kelly~ Jerry, everybody for your hard work. I know
8 that the health, safety or public welfare of the residents 8 how much time you put into this and it is really
9 of the City of Denton are compromised without such a 9 appreciated. And Conunissioner Anderson, welcome aboard.
10 concurrent submittal, so that was the stafr s attempt at 10 You missed a lot of fun on this one. Very quickly, some
11 reaching the compromise that I think we had all 11 comments that I did have, still just a few left. I have
12 tentatively agreed to the last time we worked on this 12 to find them. I think my biggest concern, I'm not sure
13 ordinance. 13 what page it is on yours, but the cost impact analysis is
14 In the document that you have in front of 14 probably our biggest concern. Although this type of
15 you with the turquoise highlights in it, we have also 15 analysis can be prepared, I don r t know who in the
16 responded to the one set of comments we received from the 16 Development Review Process, I mean, and I hate to even say
17 public on the document. And those are in turquoise in the 17 would be qualified to review it; if you read under the
18 document. And so the paragraph that I was reading to you 18 purpose of the statement, if if s truly related to
19 goes on to say, the development standards to be required 19 utilities as the purpose says, you know <t in the last
20 may represent the entirety of the standards in the Denton 20 sentence, why is all of the detail accounting of the
21 Development Code or a portion thereof. In other words, 21 financial structure of required facilities for parks; law
22 any of the bodies might find that they need standards in a 22 enforcemen~ fire protection~ municipal government and
23 certain area but not all of the standards in order to 23 other necessary governmental services required in the
24 address quality. 24 analysis, if ie s really related to utilities, why are we
25 The DRe, the Planning and Zoning 25 doing all of the other analysis?
CondenseIt 1M
PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006
Page 61 - Page 64
Page 65 Page 67
1 And quite honestly, I think that type of 1 for the last P & Z meeting that was -- that was -- that
2 analysis is more related to annexation when a piece of 2 didnrt happen. So rll just read through some conunents
3 property is coming into the City doing that type of 3 real quickly ~ 1'd like to thank the Commission and staff
4 analysis is more important than when it.s getting rezoned. 4 for your diligent efforts in preparing this MPC District.
5 So I really question the need for that type of a cost 5 I think that this district will attract and facilitate the
6 impact analysis when doing a rezoning. And that goes into 6 development of larger Master Plan Communities with highly
7 some of the findings especially I think ies the last 7 qualified development standards when properly interpreted
8 finding -- and rm not sure what the number is anymore~ if 8 and applied.
9 the letter is E, where the development is fiscally sound. 9 The draft I have read is worded to allow
10 And I hate to even bring it up, but in my opinion and r m 10 the staff and the Conunission some flexibility in the
11 Dot an attorney. I don't even like to play an attorney, 11 amount of information detail required to approve an MPC
12 but to me, it might be an equal protection issue and why 12 District. If we intend to encourage the use of this
13 are the MPC'S going to be the only zoning that r s going to 13 district~ then we must be careful not to require more
14 be singled out and scrutinized related to a plan for -- 14 information and detail than is necessary to approve the
15 having a plan for paying for the infrastructure? I mean, 15 zoning. Design and engineering detail for example, can be
16 a small zoning case has to bave improvements typically. I 16 developed much more efficiently and economically in
17 mean~ it's on a smaller scale, but we don't look at that, 17 project stages following zoning such as a GDP or platting
18 can you pay for the improvements before we rezone your 18 process.
19 property? Why are we looking at a big zoning case? 19 More specifically, although some
20 Basically, do you have deep pockets? Before we rezone 20 consideration of issues such as water drainage and traffic
21 this property, do you have deep enough pockets to do this? 21 will be required for zoning, detailed TIA'S, water
22 Not is it a good plan. Does it meet the intent of the 22 distribution, sewer collection and drainage analysis
23 Development Code? Is it a good land plan? Could I have 23 studies can be done in project phases following zoning.
24 just a couple more seconds? I was there for a lot of the 24 Also, along these lines, I would like to comment, that a
25 time -- 25 cost impact analysis as I understand it from the draft I
Page 66 Page 68
1 COMMISSIONER STRANGE: Yes. 1 read is not a reasonable request to make of a project for
2 MR. REICHHART~ Thank you. But why are we 2 zoning nor is it information necessary to zone the
3 not looking at that as opposed to how deep are your 3 property .
4 pockets before we rezone this property. I just think that 4 Thank you again for your efforts and I look
5 is just 'Wrong. We have never done it for any other zoning 5 fOIVIard to working with you on an MPC District. Thank
6 case. Why are we doing it for MPC.S? I think those are 6 you.
7 the two main issues. On a quick sidebar ~ 1'm not sure if 7 COMMISSIONER STRANGE: Thank you very much
8 wet re even talking a bout the criteria manual issues yet. 8 for your conunents. Those are the two cards that I have
9 MS. CARPENTER: NO~ 9 from people who wish to speak. Is there anyone else here
10 MR REICHHART: NO, okay. rn come back 10 who wishes to speak in favor or against or like Mr.
11 for those. But those are probably the two critical 11 Reichhart, both?
12 issues. Again, thank you for your efforts on this. I 12 Okay. We'll close our public hearing. And
13 think if s an outstanding document from where we started 13 it seems that we have had comparable comments from both of
14 to what we have now, exceptional~ and thank you again for 14 the people who spoke regarding the cost impact analysis.
15 your time and efforts. 15 Does staff have any comment that they would like to make
16 COMMISSIONER STRA.NGE: Thank you for your 16 regarding that?
17 comments~ 17 MS. CARPENTER: Mr. Chairman, I went back
18 MR REICHHA.RT~ Thank you. 18 today and began to re-read the inch-high stack of minutes
19 COMMISSIONER STRANGE: Next to speak is Rod 19 from the eight meetings that we held. And the fIrst
20 Zielke. 20 meeting that we held on this as a group was July 12th
21 MR. ZIELKE: chairman, Commission and 21 which was a joint meeting between the Planning Commis sion
22 staff~ my name is Rod Zielke. rm with Tomlin 22 and the City Council and at that meeting there was a
23 Inves1ments, 4265 Kellway Circle in Addison~ First of 23 discussion concerning developer's agreements. Some of
24 all, I apologize. I don't know if I've read the very 24 you, I think will remember when we go back to the fIrst,
25 latest draft. The last draft I read was in preparation 25 first draft that the document addres sed itself to one of
Con den selt 1M
PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006
Page 65 - Page 68
Page 69 Page 7 I
1 the results of this Master Plan Conununity Ordinance being 1 fewer and fewer all of the time, but some of you were on
2 a set of developers agreements which would set forth who 2 the Planning Commisison when the Development Code was
3 was going to pay for what in accordance with the phasing 3 originally adopted by the Council in February of 2002.
4 schedu1e~ At the time of that conversation on July 12th" 4 When the Council adopted the Code, the Council directed
5 I think the agreement that the minutes reflect was that we 5 the staff and the Planning Commission to do the following.
6 shouldn t t have a free-standing sepamte docwnent called a 6 Once every quarter the staff is to publish in the paper an
7 developer's agreement or a separate hoop that that 7 ad and the Planning Commission is to hold a meeting that
8 developer should have to go to to address those issues, 8 is a public forwn for any user of the Code to come and
9 but that whatever we were going to do along those lines 9 address the Planning Commission on problems that they're
10 should be included in the Master Plan Community Ordinance. 10 having with the Code.
11 And I think that it's accurate to say that the Cost Impact 11 And the list that you have in your packet
12 Analysis and the statement concerning the fiscal 8ta bility 12 for Item 6, it's a two-sided document reflects all of the
13 of the project are intended, fiscally soundness of the 13 development code changes that people have identified over
14 project are intended to address that particular issue, and 14 the last four years that need to be changed. The gray on
15 that is why the staff bas recommended that that remain in 15 the back represents the real recent ones that we bave just
16 the document. 16 completed. Right above the gray are three additional
17 COMMISSIONER STRANGE: Are there any other 17 ideas that have surfaced.
18 conunents from any of the Conunissioners? Just as a 18 One is a discussion a bout mandatory HDA I S ~
19 clarification, ~s. Carpenter, you have handed out this 19 One is discussion about amendments to Chapter 16
20 new document that we got today which is essentially the 20 concerning building permits. And a third one is how we
21 same document we have looked at with the exception of the 21 address towing as an allowed use which is not called out
22 changes that you read earlier. My assumption is that this 22 in our Code. Because wetve had other changes in towing,
23 is the document that you are now asking us to approve that 23 this has now become an issue.
24 will then go on to the City Council. 24 So the way this works for you new Planning
25 MS. CARPENTER: Yes, sir. And I apologize 25 Commissioners is that the Chairman will open this up and
Page 70 Page 72
1 for handing out a document that responds to the public 1 anyone that wants to can address the Commission and say
2 connnents at the last minute. But we felt obligated to try 2 either by submitting a letter or an e-mail or in person,
3 to massage those into the document and we were successful 3 and can say, I'm having this kind of a problem with the
4 in completing that today, so the docwnent in your packet 4 Code and I would like you to add that item to the list to
5 includes everything but the turquoise words which we added 5 be considered for future amendments. And so once a
6 today as our final response to the public comments. 6 quarter, we bring you this information and then we pass
7 COMMISSIONER STRANGE: okay. So actually 7 this on to the Council in the form of a reading file so
8 what we're considering then is the handout document, not 8 that they can keep tabs on where wefre going.
9 what's in your backup documents, okay. Do we have a 9 We also have the Denton Development Code
10 motion on this item? 10 Committee as you're aware of now and they also monitor our
11 COMMISSIONER ANDERSON: SO moved. 11 success in completing these amendments. That's all I
12 COMMISSIONER STRANGE~ okay. We have a 12 have, Mr. Chairman.
13 motion by Ms~ Anderson. Do we have a second? 13 COMMISSIONER STRANGE: Thank you~ This is
14 COMMISSIONER THOMAS: second. 14 a public forum so we'll open this item now for a public
15 COMMISSIONER STRANGE~ we have a second by 15 hearing. Is there anyone here who wishes to speak or
16 Mr. Thomas. Any discussion? Seeing none, please vote. 16 bring forward any new items or any comments on the list
17 Something's wrong with our keypads. It's not coming up 17 that we have in our packet? I have no cards so I assume
18 for a vote. Ms. Anderson, yours did not register. There 18 no one wants to speak. Does the Commission have any input
19 you go~ And the vote passes 5-0. And r d like to thank 19 that they would like to make on this to staff? If not, we
20 the people who came forward to make their conunents from 20 will close the public hearing and that will conclude our
21 the public. I appreciate that. 21 meeting and we will adjourn at 8:15~
22 And the final item on our Agenda tonight is 22 (End of proceedings.)
23 the quarterly review of the Denton Development Code. Mrs. 23
24 Carpen ter. 24
25 MS. CARPENTER~ Mr. Chairman, some of you, 25
Con den selt 1M
PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006
Page 69 - Page 72
1 YELLOW CARDS RECEIVED
2 Non Carcieri
3 Charles Parker
4 Lynn Thompson
5 Terry Thompson
6 Esdras Passos and Giovanno Passos
7 Ismael Ramirez and Cynthia Wright
8 Rod Zielke
9 Larry Reichhart
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CondenseltlM
Page 73
PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006
Page 73 - Page 73
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(Please Print)
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I Agenda Item #
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Zip 2 G 2- (!) S-
I do wish to spea k on th is item. I will speak in:
) SUPPORT
OPPOSITION
Time limit for speakers is three (3) minutes.. A petitioner has 15 minutes to speak on a public
hearing application.
I do not wish to speak on this itemt but would like the following comments circulated to the
commissioners. ( ) . SUPPORT () OPPOSITION
Com ments
This card does not count towards calculating opposition. Only property owners within 200 feet
that submit written opposition will be counted. Please see the project manager for the proper .
form to have your opposition counted.
Request To Address An Aoenda Item
(Please Print)
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Address b 2.. '-I
City De I'}rh ,
Name
~
de r j
I Agenda Item # S- ~
Zip
J !!2 wis h to speak on th is item ~ J wif' speak in:
( ) SUPPORT (
OPPOSITION
Time limit for speakers is three (3) minutes. A petitioner has 15 minutes to speak on a public
hearing application.
I do not wish to speak on this item, but would like the following comments circulated to the
commissioners~ ( ) SUPPORT () OPPOSITION
Comments
This card does not count towards calculating opposition. Only property ownets within 200 feet
that submit written opposition will be counted. Please see the project manager for the proper
form to have your opposition counted"
Reguest To Address An Agenda Item I Agenda Item # elf
(Please Print) .
Name ) / 11 nTh ~ '" O.."'} IJ /}
Address . /6;;L/) II-a n j), C -.5 Rl\~ ~ (',-
City -1.~~ Zip
I do w;sh to spea k on th is item. r will 5 peak in:
( ) SUPPORT
Time limit for speakers is three (3) minutes. A petitioner has 15 minutes to speak on a public
hearing application.
I do not wish to speak on this item, but would like the following comments circulated to the
coniiiiiSsioners. ( ) SUPPORT () OPPOSITION
---
This card does not count towards calculating opposition. Only property owners within 200 feet
that submit written opposition will be counted. Please see the project manager for the proper
form to have your opposition counted.
Request To Address An Agenda Item j Agenda Item # /5A j
Name ~,c~/rse ll~(cJ"j I ~n,;/ 'brM;; 1/1,u;4:J ~~f
Address _Z4t;~. ~A7 1/1:.
City ~fl"'4,.t -rt- Zip 7 ~ -r7~1
I do wish to spea k on th is item. I will spea k in:
~ SUPPORT
) OPPOSITION
Time limit for speakers is three (3) minutes. A petitioner has 15 minutes'to speak on a public
heari"g a p pi icatio n.
I do not wish to speak on this item, but would like the following comments circulated to the
commissioners. ( ) SUPPORT () OPPOSITION
Comments
This card does not count towards calculating opposition. Only property owners within 200 feet
that submit written opposition will be counted. Please see the project manager for the proper
form to have your opposition counted.
Request To Address An Aoenda Item
(Please Print)
Name ~S ~.e \ ~f\ffi ~ (' f '1..-. J
Address \Sd- ~ fu (\ -\-t r S ~ \ c\ ~{
City \)e.f\ ~ t'\ "'IX
I. Agenda Item #
C <-i.clV1 t~ Wi \q )Aft.
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I do wish to speak on this item. I will speak in:
) SUPPORT ( ~ OPPOSITION
Time limit for speakers is three (3) minutes. A petitioner has 15 minutes to speak on a pUblic
hearing application.
I do not wish to speak on this item, but would like the following comments....cj~ted to the
commissioners. ( ) SUPPORT <t""J OPPOSITION
Comments
This card does not count towards calculating opposition. Only properly owners within 200 feet
that submit written opposition will be counted. Please see the project manager for the proper
form to have your opposition counted.
Requ"est To Address An Agenda Item I Agenda Item #
(Please Print) "
Name GSQJeAS PAS-So 5 r;! GIOVItAliV(.} I1t/JbS
0+ ;&c
Address
City
Zip
I do wish to speak on this item. I will speak in:
( ) SUPPORT
) OPPOSITION
Time limit for speakers is three (3) minutes. A petitioner has 15 minutes to speak on a public
hearing application.
I do not wish to speak on this item, but would like the following comments c~ul!tt.ed to the
commissioners. ( ) SUPPORT (~PPOSITION
Comments
This card does not count towards calculating opposition. Only property owners within 200 feet
that submit written opposition will be counted. Please see the project manager for the proper
form to have your OPposition counted" .
Reauest To Address An Agenda Item Agenda Item # ~ JI/
(Please Print)
Name ye;::::Y - J h (?J#J r-<fJ V]
Address L. t;;" gn if ~d ~</, f K: l' e~ 0L vC J..~
City t7e V] +c/td. Zip .26 2t'? .s-
I do wish to speak on this item ~ I will speak in:
) SUPPORT
) OPPOSITION.
Time limit for speakers is three (3) minutes. A petitioner has 15 minutes to speak on a public
hearing application..
I do not wish to speak on this item, but wou[d like the following comments circyIared to the
commissioners. . ( ) SUPPORT ( y) OPPOSITION
Comments ~. ,f/1/?d;; vt.ct V(/~-5 f ,/ M3 11 () . -Fe vtC/ :J
tlfd. lid ~~~ ~ l' ~i - .
This card does not count towards calculating opposition. Only property owners within 200 feet
that submit written opposition will be counted. Please see the project manager for the proper
form to have your opposition counted"
Request To Address An Agenda Item / Agenda Item # !5'~
(Please Print) ~ .
Name M~ ~(i6r1 /5j>,uj '$(nol 71v.Mi4, ~jr?u-b
Address' z.4(){- JJ..(1~7 ~ I · I. . I
- City erc~l\{i""l ;i.. Zip 7~
r do wish to speak on this item. I will speak in:
(Xl, SUPPORT .c><l OPPOSITION
Time limit for speakers is three (3) minutes. A petitioner has 15 minutes to speak on a pUblic
hearing application.
I do not wish to speak on this item, but would like the following comments circulated to the
commissioners. ( ) SUPPORT () OPPOSITION
Comments
This card does not count towards calculating opposition. Only property owners within 200 feet
that submit written opposition will be counted. Please see the project manager for the proper
form to have your opposition counted.
Reauest To Address An Aoenda Item
(Please Print)
Name ~ ~It:~
Address~ \'v\.. ~l.L~~
City 4Jde~ TY-
I Agenda Item # ,- B
'i~~ cj . !<-el/UJd C/~
Zip I !:10~
I s!2 wish to speak on this item. r win speak in:
(1)4- SUPPORT
) OPPOSITION
Time limit for speakers is three (3) minutes. A petitioner has 15 minutes to speak on a public
hearing application.
I do not wish to speak on this item, but would like the following comments circulated to the
commissioners. ( ) SUPPORT () OPPOSITION
Comments
This card does not count towards calculating opposition. Only property ownelS within 200 feet
that submit written opposition will be counted. Please see the project manager for the proper
form to have your opposition counted.
Exhibit 4
CondenseIt 1M
Page 3
1. PROCEEDINGS 1 consideration~ This is an Alternative Development Plan
2 (COMMISsIONERS LYKE7 WATKINS7 THOMAs, 2 for a medical office center. Site consists .of
3 STRANG~ TIllBODEA~ EAGLETON AND 3 approximately three acres and located. on the west side of
4 ANDERSON PRFSENT.) 4 Shoreline Drive approximately 260 feet south of Windriver
5" COMMISSIONER STRANGE: we will call the 5 Lane~ The property is located in Unicorn Lake
6 November 8th meeting of the Planning and Zoning Commission 6 Development Ms. Shelton.
7 to order and ask that you would join With us in the pledge 7 MS. SHELTON: Thank you. This slide shows
8 to the flags. 8 the location of the proposed medical office center at
9 (Thereupon, the Pledges of Allegiance were 9 Unicorn Lake. You see to the north it does.nft show on the
10 recited~ ) 10 aerial photograph, but it is Dogwood Estates, the new
11 COMMISSIONER STRANGE: Before we get to om 11 senior living center. To the west is Windriver Estates
12 Agenda for tonightt s meeting, I think all of you maybe 12 and you can see Cinamark: there to the north.
13 have seen in the paper or have heard that our Director of 13 At the October 25th Planning and Zoning
14 Planning, Kelly Carpenter, is going to be leaving us in 14 Commission meeting, I presented a request for an amendment
15 about two weeks to take a position at the City. of EI Paso.. -IS to an Alternative Development Plan for the environmentally
16 .And, Kelly, I have enjoyed very much the 16 sensitive area on this same site. The Planning and Zoning
17 opportunity to work with you over the past three and a 17 Commission recommended approval of the request~ When we .
1.8 half years, four years that we've bren :l1ero and wish you 18 look at the site plan in a momen~ rn explain that ESA
19 the very best, and wet re going to miss you. 19 and how it fits with this project. The zoning map here
20 MS. CARPENTER: Thank yo~ Mr. Chairman. 20 shows that the property is zoned RCCD. And beret s the
21 It's been my pleasure to work for the City of Denton With 21 site plan. The applicant is requesting to deviate from a
22 this Planning Commission, you, in particular, and With 22 site design standard of Subchapter 13 concerning the
.23 this wonderii.JL wonderful staff. Thank YOlL i3 parking location. The applicant is proposing to provide
24 COMMISSIONER STRANGE: well, you will be 24 tWo rows of parking between the buildings and the street.
25 missed and EI Paso is lucky to be getting you. 25 The applicant will meet -all. other site design standards
Page 2 Page 4
1 First item on our. Agenda tonight is the 1 as provided in Subchapter 13. of.the Denton Development
2 .approval of the Planning and Zoning minutes of Commission 2 Code.
3 meeting of October 25th. Do we have amotion? 3 As an alternative 10 the reqWrements of
4 COMMISSIONER THIBODEAUX: I move approval. 4 Subchapter 13, the applicant will provide 15 percent
5 COMMISSIONER STRANGE: okay. You move 5 landscaping on the site. Ten percent landscaping is
6 approvaL I have a motion by Dr. Thibodeaux. Do we have 6 :requinxl in the RCC zoning District. The request for the
7 a second? 7 amendment to the Alten1ative Development PIarl for the ESA
.8 COMMISSIONER EAGLETON: so moved. 8 will be beard by the Denton City Council on December 12th.
9 COMMISSIONER STRANGE: We have a second by 9 So at this time this section within that red lines that
10 Mr. Eagleton. Any discussion? I see none, please vote. 10 you soo on the screen is still designated to be an ESA
11 Vate passes 7-0. 11 mitigation area as originally approved by the ordinance, I
.12 The next item on the Agenda is 12 think it was 2006-138. This site plan shown here does
13 consideration of our Consent Agenda. Prior to tonight's 13 conform to the current ESA mitigation reqWrements.
-14 meeting the Planning and Zoning Commission bad the 14 The next slide will show this is a sample
15 opportunity to meet with staff to review the Consent 15 elevation of what is proposed as far as the medical office
16 Agenda and ask any questions that we had at that time. 16 center. As stated m. the staff report the applicant
17 And we will now entertain a motion for approval of the 17 intends to create a gn:en building by utilizing several
18 Consent Agenda. 18 green construction features such as tbcrmal mass walls,
19 COMMISSIONER WATKINS: MOve approval. 19 high efficiency windows and so on. I did want to make it
20 COMMISSIONER STRANGE: we have a motion by 20 clear that these measures are not addressed in our
21 Mr. Watkins. .21 Development Code an~ therefore, are not required by the
22 COMMISSIONER THOMAS: second. 22 Alternative Development Plan~ It was just a little extra
23 COMMISSIONER STRANGE: And a second by Mr. 23 information I.included in the staff:report.. Staff
24 Thomas. Please vote~ Vote passes 7-0. 24 recommends approval of this request with a condition the
25 ltein No. 4A is an item for an individual 25 applicant. provides 15 percent landscaping on the site.
PLANNING &.ZONING REGULAR SESSION, NOVEMBER 87 2006
Page 1 - Page 4
Page 5 Page?
1 And r d be happy to answer your questions and the 1
2 applicant is also. here. 2
3. COMMISSIONER STRANGE: AnY questions of 3
4 . staff? Thank you. Is the applicant here and do they wish 4
5 to speak? Come fonvard, please and give us your name and 5
.6 address~ 6
7 lvfR. GUlLING: GOOd evening. My name is 7
8 Doug Guiling. I'm the architect for the building and I 8
9 don t t have anything to state further other than to ask - 9
10 answer any questions that you've got 10
11 COMMISSIONER STRANGE: ooes anyone have any 11
12 questions of the applicant? Thank you very much. I will 12
13 point out to those in the audience that tbis is an item 13
14 for individual consideration, not a public hearing, so we 14
15 will not be opening this to any public discussion. Do we 15
16 have a motion on this item? 16
17 COM.MISSIONER THOMAS:. I move approval with 17
18 conditions, the stated conditions~ 18
19 COMMISSIONER STRANGE: 15 percent - have a 19
20 motion by Mr. Thomas. Do we have a second? 20
21 COMMISSIONER THIBODEAUX; second. 21
22 COMMISSIONER ST.RANGE: Have a second by 22
23 Dr. Thibodeaux. Is there any discussion on this item? If 23
24 not, please vote. Ms ~ Anderson, you haven't voted, 24
25 haven't :registered. There you go. The item passes 7-0. 25
Page 6 Page 8
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PLANNING & ZONING REGULAR. SESSION, NOVEMBER 8, 2006.
Page 5 - .Page 8
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Condenselt 1M
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1 COMMISSIONER STRANGE: The next item will 1 This is the notification map which shows
2 be our public hearing section. For those of you not 2 the parcels notified within 200 feet or the property
3 familiar with Planning and Zoning, if you wish to speak on 3 owners and then 500 feet Staff has received one letter
4 any item that is going to appear in this public hearing 4 in opposition to the :rezoning request. The flIst site
5 section item, Section 5, you will naxl to fill out a 5 photo is looking to the northwest. Yau can see the
6 yellow card which you tll find located outside the dOOr, 6 amenities building for Lexington Park .and the retention
7 twn it in downstairs indicating your preference to either 7 pond there toward the left side of the picture.
S speak or not speak. Yon can also register your opposition 8 This photograph is looking to the southwest
9 or your support for any item. 9 from Teasley Lane. The proposed zone request is
10 So if you wish to speak or wish to have 10 consistent with the future land use element of the Denton
11 your opinion registered, please pick up a card and hand it 11 Plan and promotes neighborhood services in a predominately
12 in down front. 12 residential area. The proposed commercial development has .
13 The first item we have tonight is Item No. 13 adequate transportation, water and sewer access.
14 SA which is rezoning of approximately 1.722 acres from a 14 According to the develOpment review staff evaluations of
15 Neighborhood Residential 4 Zoning District to a 15 the rezoning request. Based on these fmdings, staff
16 Neighborhood Residential.Mixed Use Zoning District. Ms. 16 recOD1lllt21ds approval of the. rezoning request and I'll be
17 Shelton. 17 happy to answer any questions.
18 MS. SHELTON: Yes, thank you. The first 18 COMMISSIONER STRANGE: AnY questions of Ms.
19 slide here shows the location of the property. You can 19 Shelton? Thank you very much. We'll now open the public
20 see the location of the retention pond to the west and 20 hearing. Is the applicant here and do they wish to speak?
21 north. Wheeler Ridge Subdivision is to the east and the 21 MR BROWN: I hit a button. 1'm sorry.
22 aeria4 again, is a little misleading in that Wheeler 22 Which button do I put it back?
23 Ridge is much more built out than that. 23 COMMISSIONER STRANGE; please give us your
24 We -- our aerial just can.t keep up with 24 name and address.
25 our growth. The applicant is requesting the property to 25 MR BROWN: sorry about that. My name is
Page 10 Page 12
1 be rezoned from NR~4 to NRMU to allow a COlIlll1e!Cial 1 Mardy Brown. I'm with Doughty Anderson and Associates.
2 development. The parcel is platted as Block L, Lot 8 of 2 I'm here representing the actual owner and developer of
3 the Lexington Park Phase 2 Addition, and the zoning map 3 the property, Ashton W oods~
4 here shows the existing zoning both to the north and south 4 Jus! a little history on the project. We
5 as NR-4, to the west -- I m~ pardon me, the east again 5 were retained back in 2000 to do the Lexington Park
6 is a Planned Development which is Wheeler Ridge and that 6 Subdivision for Ashton Woods~ And we also were the
7 area to the southeast is actually in the ETJ, kind of a -- 7 engineer and planners for the property across the street,
8 the subject property as well as all of the surrounding 8 Wheeler Ridge. So we have a long history of working with
9 property is designated as Neighborhood Centers Futme Land 9 this project
10 Use Area, areas within a neighborhood center may develop 10 Two years ago,. we were here on election
11 in conventional patterns or may be developed in a pattern it night getting that amenity center approved through you
12 of neighborhood centers. 12 guys. And that's turned out very nice as wen~ This
13 Neighborhood centers. are oriented inwardly 13 leave-out had always been considered~ At the time, I
14 focusing on the center of the neighborhood and containing 14 think we were dealing with Debra Viera and Larry
15 facilities vital to the day-to-day activity of the 15 Reichhart, it was a few years ago, as the neighborhood
16 neighborhood. 16 services -- at the time, the timing just wasn't right.
17 A neighborhood center might contain a 17 The client had other things going on and at this time,
18 convenience store, small restaurant, personal service 18 there's a user that's come along that wants to put a
19 shops, church or synagogue, day-care, individual office 19 little office building there.
20 space or a small park. The proposed commercial center is 20 We'd always envisioned either an office
21 consistent with the goals of the neighborhood centers as 21 building, a little retail or maybe a day-care center,
22 described in the Denton Plan. The small commercial center 22 something to service the neighborhoods~ And r m sorry
23 may reduce trips in an already highly populated area and 23 that the proposed user is .not here. Apparently; be had
24 create convenient retail and commercial services to the 24 some drawings he was going to show you of a building. I
25 surrounding neighborhoods. 25 believe itr s just a one story little office building.
PLANNING & ZONING REGULAR SESSION, NOVEMBER 8, 2006
Page 9 - Page 12
Condenselt 1M
Page 13
1 And I'd be glad to answer any questions. Like I sai~ we. 1
2 pretty much have a long history with this and can answer 2
3 anything. 3
4 COMMISSIONER StRANGE: Any questions of the 4
5 applicant? Thank you very much. 5
6 MR. BROWN: Okay. Thank you.. 6
7 COMMlSSIONER STRANGE: We do have one card 7
8 that wishes to speak, Pete Scbnuider. 8
9 M.R. SCHNUlDER: HOW .you doing? Pete 9
10 Schnuider, 2805 Desert Drive. I'm the property directly 10
11 across the street If you t re looking at the street on the 11
12 left-hand side, the end lot When I purchased my home in 12
13 Wheeler Ridge, I specifically inquired about the lot 13
14 across the street next to the pond and kind of like the 14
15 view of an open field, like a pond to look at. I reaUy 15
16 didn't want to look at an office building across the 16
17 street I know the -- I guess what they're trying to 17
18 upgrade to the -- the status of that property, I guess 18
19 could accommodate a 65-foot office building; is that true? 19
20 .. I called up during the week and I spoke to, I believe, 20
21 Lori~ is that you? How are you doing? 21
22 MS. SHELTON: Let me respond. 22
23 M~ SNYDER: sure. 23
24 . MS. SHELTON: The maximum building height 24
25 in the NRMU District is 65 feet 25
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MR. SNYDER: so my concern is although 1
they're planning on putting a one-story little office 2
building there now of some kind, that in 1he future they 3
could come in and say, well, you gave us the approval. We 4
changed our mind. We want to put a tbree-story bUilding 5
in there that's 65 feet tall. And I think it's a 6
residential area~ I think there's nice homes there. I 7
think it looks very nice~ It's very country looking~ 8
That's why I purchased the home in that location. I also 9
feel that across the street from me there are four or five 10
homes that are just being built They're set to close the 11
end of this month and the beginning of next month, one of 12
which is within 200 feet of this location. And those 13
people will move in after possibly, you know, this is 14
. approved. And they won't have a chance to hear that this 15
is going on in the interim~ 16
So I don l t know if there is any way that 17
you can send a notification of those people or look into 18
possibly notifying them somehow prior to you guys 19
approving this. But I think they need to know that this 20
is going to go on before they purchase the home thinking 21
they're looking at a nice. view across the street and then 22
firid out there's .going to be some type of office building. 23
I know there's an initiative to put something here that's 24
good for the community, but it's my understanding there's 25
Page 15
going to be a Kroger's not an eighth of a mile up the
street There's already a Wal-Mart within, you know, a
few miles each direction. There's CVS' s. There's
sufficient .day-care right up the street on Hickory Creek.
There's a lot of things in the area already for the
residents to utilize, so I don't know if this is
absolutely necessary just so somebody can put another
little strip mall across the street there~
I know therets -- you know, everybooy wants
to make a buck and put something in there ancL you know,
do something nice. for the community ~ But I kind of like
the way. it looks. That's why I took the time to come here
tonight, and voice my opinion.
COMMISSIONER STRANGE: We appreciate your
connnents .
~ SNYDER: okay~ Thanks.
COMMISSIONER STRANG~ Thank you. That's
the only card that we had for anyone who wanted to speak
on this item. Is there anyone else here who intended to
have a card? Thank you.. Does the applicant wish to have
any rebuttal statement?
MR. BROWN: The only thing I cart really say
is that we can't help what was represented. If he'll--
you know, if he bought that house, particularly because he
thought it was going to be an open field, looking at the
Page 16
lake we design~ that was never the intent If we did --
if there was a potential to put a single cul-de-sac there
with three houses, you'd still end up with three two-story
houses on that lot. So I don't think the view.is going to
stay forever. It is a platted lot. Something is going to
happen on it.. And as far as the land use goes, it is
consistent with what's outlined and extensively in yom
own ordinance and had been planned on by the developer all
along as what the end use was going to be as a service to
this community. ltt s kind of an isolated little piece so
you canft really -- it's not connected directly to the.
rest of Lexington Park. And as far as the 65 feet, I
mean, that. s. just physically really an impossibility.
I mean, you have maximum, even if you did
an office building that was 14-foot ceilings, you t d still
end up with not enough space to put parking. It is only
an acre and three-quarter, you know, once you do the
City's required setbacks, required parking and everything,
you' d end up with a tower or something to try to go six
stories.
COMMISSIONER STRANGE: ADd that was going
to be my question. What can you offer to give him. some
assurance this is not going to be a five or six story --
MR BROWN: ACtually, ie s just the
physical constraints of the site. It is only, like I
PLANNING & ZONING: REGULAR. SESSION, NOVEMBER 8, 2006
Page 13 - Page 16
.~.~-::i...:i::.::':,.-: .
Condense It 1M
Page 17 Page 19
1 said, one and -- 1.7 acres. You do have setbacks. The 1 condition of the motion that we would make and approve,
2 back end of this project slopes off into the pond. I 2 that it would be limited to single story which would help
3 don't know if it really shows the topography, but not the 3 appease the neighbors.
.4 whole -- the whole property is not utilized for 4 MR BROWN: Yes, absolutely.
5 development as you can see because it's got -- you know, 5 COMMISSIONER STRANGE: Okay. Thank you.
6 it's triangular in shape. You canlt really park. Thatfs 6 . MR BROWN: And weld still have to go
7 going to end up being open space on both of those comers~ 7 through the site plan process on a lot of this stuff
8 So it's just a -- again, it's just really weird leftover 8 COM1vf1SSIONER STRANGE: okay. Are you okay
9 -- because of the topo that was on it tract of land and it 9 with that,. Jerry? Okay.
10 had always had this plan to have some sort of small 10 CONlJ\1ISSIONER TIlO:MAS: In that case, I would
11 neighborhood. service. There's a day-care about a mile - 11 make a motion that we approve this based upon -- well,
12 I don't know. Is that the. actual day-care there is the 12 hold on. I need to ask a question~ Should this -- should
13 next few down, I thi~ the aerial doesn't catch it that's 13 . they go back and achieve that overlay district before we
14 similar in size and use as far as the impact of the 14 vote on this? What is the protocol?
15 neighborhood~ .And it's Dot really obtrusive. 15 MS~ CARPENTER: unless Jerry has an
16 COMMISSIONER STRANGE: And the building 16 objection, Connnissioner, I think -- and the applicant has.
17 that's going to be built there is single story? 17 agreed, I think it's all right, since it's more
18 ~: BROWN: Thatt S the office -- the user 18 restrictive instead of less restrictive that the motion
19 right now that is proposing a little office there be - 19 could be that you move to approve this zoning with an
20 the parking requirements of the .square footage of the 20 overlay restricting the use to a single-story building.
21 building. And with the setbacks and the landscape . 21 MR. BROWN: That's correct.
22 requirements, it would only -- it only supported a 22 COMMISSIONER THOMAS: okay. Thank you for
23 one-story building in his design. 23 that -- then I will -- excuse me, I recommend approval of.
24 COMMISSIONER STRANGE: And so you would 24 this pending the conditions of --
25 only have one building on this lot? 25 MS. CARPENTER: with an overlay~
Page 18 Page 20
1 MR. BROWN: on this lot, yes. 1 COMMISSIONER THOMAS: -- with the condition
2 COMrvnsSIONER STRANGE: okay. All right 2 . . of an overlay.
3 MR. BROWN:. Thanks. 3 MS. CARPENTER: Not a condition, with an
4 COMMISSIONER STRANGE: If there are no 4 overlay.
5 other questions of the applicant, we will close the public 5 COMMISSIONER moMAS: with an overlay,
6 hearing. Do we have a motion on this item? We donlt all 6 okay. Thank you for --
7 have to make a motion at one time. 7 MS. CARPENTER: !tIS important that you use
8 COMMISSIONER. moMAS: .Mr ~ Chairman, this is 8 that language.
9 not that unlike a case. that we saw further up the road 9 COMMISSIONER THOMAS: The legality is
10 where they agreed to do an overlay and give 1he 10 important, I agree~
11 neighborhood a little bit more of a restriction so that it 11 MS. CARPENTER: Yes.
12 was limited to -- excuse me, to a certain height, to a 12 COMMISSIONER mOMAS: Yes. With an overlay
13 certain type of building to appease the neighborh(xxt I 13 restricting the building to a single story and I would
14 guess I should have asked this ear~er when you were still 14 like to say in a residential namre.
15 up here as far as questions. Would you be - would you be 15 MR BROWN: with an overlay, were you going
16 interested in doing something like that? 16 to say that it t s only an office building, or is it under
17 COMMISSIONER STRANGE: what he's saying is 17 our zoning we could put some sort of residential use in
18 to ease some of the concerns, perhaps, of Commissioners 18 there; isn f t that correct?
19 and the neighbors, you could do an amendment to the plan 19 MS. CARPEN1ER: Mr. Chainnan, the NRMU
20 that you tve submitted here and just an overlay to go on, 20 .zoning that-the applicant has applied for does not apply
21 that would say that the building height would be limited 21 -- does not allow single family~
22 to a single story building. r m sure my applicant would 22 MR.. BROWN: Not single family -- it doesn tt
23 be willing to do that, to give those assurances to the 23 have any other residential type use at all?
24 current property owners. 24 MS. CARPENTER: The NRMU for which the
25 COMMISSIONER STRANGE: That would become a 25 applicant applied allows attached single family with an
PLANNING & ZONING REGULAR SESSION, NOVEMBER 8, 2006
Page 17 - Page 20
Condenselt 1M
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SUP, dwellings above a business, live-work units, 1
community homes for the disabled, group homes with an SUP 2
and multi-family units with an sUP. 3
lvIR. BROWN: BeCause they haven't closed on 4
this property in interest of my client, if we were to do a 5
-- in a residential type use there with the office, it 6
would still be two-story as if it's today zOning, it's R -4 7
would still allow a two-story residential structure~ 8
COMl\.1ISSIONER THOMAS: I think that would be 9
going. against the overlay district that we're referring 10
~~ 11
MR. BROWN: I just wanted to clarify that 12
on the record. 13
COMMISSIONER mOMAS: TO answer your 14
question, I would say no. 15
NIR. BROWN: SO it would strike the -- any 16
residential use. 17
COMMISSIONER STRANGE: well, just by the 18
fact that you've asked for this rezoning is going to put 19
you into this NRMU which does not allow any residential 20
other than what Ms. Carpenter has read. 21
!\.fR. BROWN: All right. Not that welre 22
planning residential, but I just want to be clear on that. . 23
Thank you~ 24
MR DRAKE: JUSt by virtue of 25
Page 22
clarification, our Code already does provide for a mixed 1
use residential protection overlay where necessary to 2
address the concerns of owners of an existing adjacent 3
residential uses and it would provide for buffer 4
requirements, l8ndscaping, screening, increased setbac~ . 5
additional borders, performance based restrictions upon 6
the proposing use and would modify the underlying zoning 7
however this does require the consent of the applicant, 8
you know, based upon the applicant's consent as expressed 9
here, I think that that would be in order, however if the 10
applicant has any. concerns about giving consent, then it 11
may not be the appropriate time to consider an overlay. 12
COMMISSIONER SlRANGE: Are you okay with 13
the overlay? 14
MR. BROWN: Yes, I am~ 15
COMMISSIONER STRANGE: okay. So we have a 16
motion by Mr. Thomas. Do we have a second? 17
COMMISSIONER WATKINS: second. 18
COMMISSIONER STRANGE: we have a motion. by 19
~. Thomas and a second by Mr. Watkins. And I think we're 20
clear on the motion. I hate to ask you to go through that 21
again~ But the motion is that this will be approved 22
subject to the restrictions of an overlay that will 23
restrict this to a one-story - 24
COMMISSIONER THOMAS: A one-story 25
Page 23
structure~
COMMISSIONER STRANGE: okay. .
COMMISSIONER THOMAS: I also -~ something
came in, but if it was of a residential appearance so that
it would fit in with the neighborhood similar to what the
overlay further up the road was.
. COMMISSIONER STRANGE: Are you happy with
that?
MR BROWN: I have not seen the elevation,
so I canft really speak to that.
COMMISSIONER THOMAS: That way everyone in
the neighborhood -- it doesn't stick out.
MR. BROWN: As far as zoning goes~ I don tt
know how that would be zoned by the City.
CO:MMISSIONER TIIOMAS: That I s the purpose of
the overlay.
MR. BROWN: Okay~ So the City -- during
the site planning process weld provide elevations.
COMMISSIONER STRANGE: Right, subject to
approval.
MR.. BROWN: That's fine.
COMMISSIONER STRANGE: okay. We have a
motion. Do we have a second? Any other discussion? If
not, please vote. The vote passes 7-0.
Page 24
PLANNING & ZONING REGULAR SESSION, NOVEMBER 8, 2006
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Page 21 - Page 24.
CondenseIt 1M
Page 25 Page 27
1 . . COMMISSIONER STRANGE: The next item is an I
.2 amendment to the extraterritorial jurisdiction boundary 2
l between the City of Denton and.the City of Krum. Mr. 3
4 Menguita, please. 4
5 MR. MENGUITA: Good evening, Chair, members 5
6 of the Commission. In 2004, a developer requested from 6
7 the City that seven acres of the City's ETJ be released to 7
8 the City of Knun in order to annex and ~velop a 8
9 development known as Aspen Park. Aspen Park is 9
10 highlighted in .yellow.as shown on the exhibit. iO
11 .In early 2005, Tim Fisher, Director of 11
12 Water brought this proposal to the .Public Utilities Board 12
13 and to the City Council along with a proposal to make 13
14 similar adjustments so that the ETJ does not cross parcels 14
15 but rather follow property lines. The proposal would 15
16 transfer .1 7 acres to the City of Krum. The Cotmcil had 16
17 o some concerns with that and .asked that the proposed 17
18 development proceed releasing .seven acres~ I'll show you.. 18
19 If you can. t see it, the seven acres is to the -- is the 19
20 eastern portion of the Aspen Park rectangular shape. So 20
21 that was adopted of this -- last year, and we are now 21
22 looking at a new proposed boundary adjustment. 22
23 The goal of the boundary adjustment 23
24 agreement as you've -- as shown here in the maroon or 24
25 burgundy darker line results in a zero net loss. of ETJ 25
Page 26 Page 28
1 acres between the City ofIJenton as well as the City of 1
2 Krum. The City of Krum has reviewed this proposed 2.
3 boundary agreement and has adopted a Resolution in support 3
4 of it. Staff recommends approval of this new ETJ proposed 4
5 boundary between the City of Denton and the City of Knun. 5
6 At this time, I'd be happy to answer any questions. 6
7 Tim Fisher who is also -- were mainly 7
8 responsible for the negotiation of the boundary 8
9 adjustment, with the City of Krum is here to answer any 9
10 questions that you may have. 10
11 COMMISSIONER STRANGE: AnY questions of 11
12 staff? Thank you, ~~ Menguita. Thank you~ We'll now 12
.J3 open the public hearing. We have no cards on this item. 13
14 Is there anyone who wishes 10 speak in favor of this item? 14
.15 Anyone who wishes to speak in opposition? We will close 15
16 the public hearing. Do we have a motion on this item? 16
17 COMMISSIONER WATKINS: Move for approval. 17
18 COMMISSIONER STRANGE: We have a motion for 18
19 approval by Mr. Watkins. Do we have a second? 19
20 COMMISSIONER EAGLETON: second. 20
21 COMMISSIONER S1RANGE: We have a second by 21
22 Mr. Eagleton. Any discussion? Please, vote. The vote 22
23 passes 7-o~ 23
.24 24
25 25
PLANNING & ZONING REGULAR SESSION, NOVEMBER 8, 2006
.Page 25 - Page 28
.. ~. "." .
, .:;..:r,,;::..:x..: 0.0._..' :.
Condenselt TM
Page 29 . Page 31
1 COMMISSIONER STRANGE: Next item is Item 1 COMMISSIONER TIIIBODEAUX: Mr. Chair, I move
2 No~ 5C, which is amendment to Subchapter 13 of the 2 approval of Item 5C, the amendment to the Development
3 Development Code concerning enabling language for design 3 Code.
4 standards for solid waste containers, dumpster locations 4 COMMISSIONER STRANGE: we have a motion by
5 and dumpster enclosures. Mr. Lockley. 5 Dr. Thibodeaux. Do we have a second?
6 MR LOCKLEY:' Good evening, Mr.-Chair, 6 COMMISSIONER EAGLETON: second.
7 members of the Planning Commission. For the past few 7 COMMISSIONER STRANGE: A second by Mr.
8 months the Commission and the Council have considered and 8 Eagleton. Any discussion? If not, please vote. Vote
9 approvoo a set of standards for solid waste containers. 9 passes 7-0.
10 The Development Code to date does not 10
11 contain any design standards for containers and the 11
12 purpose of this amendment is to give the guidance and -12
13 . direction to developers for the placement and construction 13
14 of sulid waste .,containers and recycling containers. 14
15 The pmpose of this amendment primarily is 15
16 just to enable us to enact those standards. The set of 16
17 standards that you recently have .reviewed and approved 17
18 will actually go into the criteria manual. That's been 18
19 the practice. The language that you have before you on 19
20 Exhibit 1 is simply the Iatiguage that will be included in 20
21 the Denton Development Code that will enable the City to 21
22 enforce thOse requirements~ 22
23 Exhibit 1 simply states that the commercial 23
24 and nonresidential solid waste and recycling storage 24
25 facilities sball be located on each lot and then goes into 25
Page 30 Page 32
1 the specifics for its placement and SO on. So what this 1
2 ordinance will do is just enable that language to take 2
l effect. 3
4 I would like to bring your attention to 4
5 just a minor change that I did hand out to you. And it's 5
6 just simply the red highlighted area, but I know that's 6
7 difficult for your reading) but I'll go ahead and read it. 7
8 It just simply says under solid waste multi-family that 8
9 this applies to any expansion of a multi-family structure 9
10 . of four units and above. 10
11 So this will actually be required in that 11
12 situation. That concludes my presentation. IrlllJe happy 12
13 to answer any questions that you may have. 13
14 COMMISSIONER STRANGE: Any questions of 14
15 staff? Thank you,. Mr. Lockley. We will now open the 15
16 public hearing. Do we have anyone here who wishes to 16
17 speak for or against this item? We agRin have no cards. 17
18 We will close the public hearing. Do we have a motion or 18
19 any discussion on this item? The only question Pd ask 19
20 is, is the site plan criteria thatls attached here as 20
21 Exhibit 2 is the same one -- that's the same criteria we 21
22 worked out about two or three months ago? 22
23 MR~ LOCKLEY: Yes, sir. 23
24 COMMISSIONER STRANGE: okay~ Thank you. 24
25 Dr. Thibodeaux. 25
PLANNING & ZONING REGULAR SESSION, NOVEMBER. 8, 2006
Page 29 -. Page 32
Condenselt 1M
Page 33 Page 35
1 COMMISSIONER STRANGE: Next item is Item 1 motion passes 7-0. That concludes our regular Agenda. Do
2 No. 5D, amendment to Subchapter 12 of the Development Code 2 we have any future Agenda items? If not, we will adjourn
3 concerning accessory structures~ Mr ~ Lockley. 3 our meeting at 7: 12.
4 MR LOCKLEY: Yes, Mr~ Ch.airtnan, members~ 4 (End of proceedings.)
5 This is also another Code Amendment that you've been 5
6 working on for some time now concerning accessory 6.
7 dwellings. Before this ordinance was dra~ the 7
8 . Building Department and Planning Dep8.rtment have had a 8
9 time in implementing some of the requirements in the Code 9
10 because there's so many conflicts that existed concerning 10
11 the percentage of that an accessory structure or guest 11
12 house can represent of the principle structure. At our 12
13 last meeting in lieu of -- at our last work session, in 13
14 lieu of going over all of the text changes that we had 14
15 discussed, it was agreed upon that we would go with this 15
16 graphic illustration shown.here as Exhibit 2.1 whereby we 16
17 would show that the accessory structure may occupy a 17
18 percentage of the lot so long as it doesn't exceed the 18
19 maximum lot coverage of the underlying zone district. So 19
20 . this plan or this exhibit that's shown here on the 20
21 overhead is actually the direction that we're proposing 21
22 and we're recommending that that be adopted. 22
23 What this plan shows is the accessory 23
24 structure on the lot on a corner lot as well as an 24
25 anterior lot. And below that are the general regulations 25
Page 34 Page 36
1 which essentially give the requirements for each one. On 1 YELLOW CARDS TURNED ThI
2 bullet item number 2, it just says accessory structures 2
J are prohibited and any required front or side yard 3 MARDY BROWN
4 setback, and on the last bullet item, it just says all 4 PETE SCHNUIDER
5 accessory structures that req~ a .building permit shall 5
6 be architecturally compatible with the principle structure 6
7 or shall be screened from the abutting properties and the 7
8 public right-of-way in the event that it is not 8
9 architecturally compatible. 9
10 So this exhibit as shown here is what we'd 10
11 like to adopt and we're reconunending approval on this 11
12 evening~ Thank you~ 12
13 COMMISSIONER STRANGE: . Any questions of 13
14 staff? Thank you, Mr~ Lockley. Itll now open the public 14
15 hearing. Is there anyone here who wishes to speak in 15
16 favor or against this item? We have no cards. We'll 16
17 close the public hearing. Do we have any motion or 17
18 discussion on this item? 18
19 COMMISSIONER WATKINS: Move approvaL 19
20 COMMISSIONER STRANGE: We have a motion -by 20
21 Mr. Watkins. Do we have a second? 21
22 COMMISSIONER L YKE: I second. 22
23 COMMISSIONER STRANGE: Have a second by Dr~ 23
24 Lyke. Any discussion? If not, please vote. 24
25 Ms~ Anderson, yours did not register. The 25
PLANNING & ZONING :REGULAR SESSION, NOVEMBER 8, 2006
Page 33 - Page 3.6
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Reauest To Address An Aaenda Item I Agend.a Item #
(Please Print) .
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v<L SUPPORT ( ) OPPOSITION
Time limit f~r speakers is three (3) minutes. A petitioner has 15 minutes to $peak on a public
hearing application.
I do not wish to.speak.on this ite.m~ but would like the following comments circulated to the
. commissjoners~ ( ) SUPPORT () OPPOSITION
Comments
This .card does not count towards calculating -opposition. Only property owners within 200 feet
that submlt written opposition will be counted. Please see the project manager for the proper
. fonn to have your opposition counted.
ReauestTo Address An Agenda Item I Agenda Item #
(Please Print) ~
Name ~~ ~f\-~~- Lv-
Address~~c- ~,~~ Dr.~ ~.
City \)(v16JV 0:rx Zip l G,'dt 0
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f
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I do wish to speak on this item. I will speak in: () SUPPORT . ~ OPPOSITION
Time limit for speakers is three (3) minutes. A petitioner has 15 minutes to speak on a public
hearing application..
J do not wish to speak on this item! but would like th~~ following comments circulated to the
commissioners~ ( ) SUPPORT () OPPOSITION
comments\Jb~ ~ v.-;:::Ln 1:-
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This card does not count towards.calculating opposition. Only property owners.within 200 feet
that submit written opposition will. be cOunted. Please see the project manager for the proper
form to have your opposition counted.
...-....;.L... -..:.:." ..~ ..~~~l........:~.... ...-. .....-::......:..~~I_:. :~.. . ~ .. ..... .:
Exhibit 5
Amended Sections of 35.12.4 Accessory BuildinQs and Structures.
B. Mechanical equipment shall be subject to the provisions of this Section. Such equipment shall not be
located between the main structure on the site and any street adjacent to a front or side yard, and every
attempt shall be made to place such equipment so that it is not visible from adjacent public streets.
Mechanical equipment may be placed in a side yard abutting a side street if there are lot or building
constraints from placing it in the other side yard and the equipment is screened with a fence or
landscaping. Any installation of mechanical equipment shall require a building permit.
D. 1. A swimming pool on a lot with a single family home may be constructed no closer than five (5) feet
from any other buildings and structures on the same lot.
2. A swimming pool on a lot with a single family home may be constructed no closer than three (3) feet
from the side and rear lot line and the swimming pool shall not encroach on an easement. All other
provisions of subchapter 12 not inconsistent with this amendment shall remain in full force and effect.
(
Amended Sections of 35.12.5 Minimum Floor Area Requirements.
The minimum heated floor area requirements for single-family dwellings, including modular homes, or any
manufactured home in any zoning district is 900 square feet per unit. Multifamily dwelling must
have at least 500 square feet or floor space per unit. The minimum floor area required does not include
porches, patios, garages, or carports.
AGENDA INFORMATION SHEET
AGENDA DATE:
December 12, 2006
DEP ARTMENT:
Utilities
Howard Martin, 349-8232 ..
ACM:
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving an Interlocal
Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for the
construction of Metro Street from Interstate Highway 35 West (IH35W) Service Road West to
Corbin Road and Corbin Road North of its intersection with Metro Street to F.M. 1515; and
providing an effective date.
BACKGROUND
The City of Denton Utility and CIP Engineering staff have been working with property owners
along the Metro Street right-of-way (ROW) from IH35W west to Corbin Road to identify the
necessary ROW for this street extension, identified as an industrial collector, as shown on the
Mobility Plan. The property owners involved have been generally in favor of the proposed
alignments generated by staff and the scope and intent of the project.
Corbin Road from the intersection with Metro Street north to F .M. 1515 (Airport Road) is shown
to be a collector on the Mobility Plan. It is not in fact built to class standard and would need
significant improvements to also qualify as an industrial collector.
The purpose of this project is to improve connectivity and accessibility for traffic serving what is
primarily an industrial area in southwest Denton. This improved connectivity will not only help
with truck traffic circulation on and around the properties fronting the IH35W service road and
F.M. 1515, but will also enhance accessibility to Western Boulevard and U.S. Hwy 380. In
addition to these benefits, emergency access would be greatly improved to all of the affected
properties.
In addition to improvements needed on Corbin Road and the extension of Metro Street,
intersection improvements at F .M. 1515 and the IH35W service road and at F .M. 1515 and
Corbin Road will likely be needed. These improvements may include geometric modifications
in the instance of the F.M. 1515 and IH35W service road and possible signalization of both
intersections. Discussions of possible modifications to the F.M. 1515 and IH35W service road
with the Texas Department of Transportation (TxDOT) have been favorable to date.
The costs for this project have been preliminarily projected at $5.0 million dollars. Denton
County's share of the project through the interlocal agreement is set at $2.4 million dollars.
OPTIONS
1. Approve the inter local cooperation agreement with Denton County.
2. Reject the interlocal cooperation agreement with Denton County.
RECOMMENDATION
Staff recommends approval of the ICA with Denton County in the amount of $5.0 million
dollars. The amount to be made available from Denton County will be $2.4 million dollars, with
the City's share identified as being $2.6 million dollars.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Not applicable.
FISCAL INFORMATION
Denton County has identified a total of $2.4 million dollars from the Transportation Road
Improvement Program - 2004 (TRIP-04) funding available for the City's use. The City's portion
of the funding for this project can be drawn from either reprogrammed bond funds previously
dedicated to u.S. Hwy. 377 improvements or revenue received in conjunction with State
Highway (S.H.) 121 tolling. The identification of this project as a potential use for S.H. 121
tolling revenues was presented to the Mobility Committee at its November 17, 2006 meeting.
BID INFORMATION
Not applicable.
EXHIBITS
1. Ordinance
2. Interlocal Cooperative Agreement
R~eS~e?tfullY~S~~~itted'
. .
. . . .
.. .. .
... ... . . ... .. .
. . .
. .....
.. .. ..
. . . ..
.. .. . .
. . ... . .
. . ..
. .. .
.. ....
. ... . . .
. .. . . . . . .
.. .. .
.. . . .
::......... .... . . .. . ... .
Jim Coulter
Director Water Wastewater Utilities
Prepare~ by
Frank G. Payne, P.E.
City Engineer
Revised 7/2004
s ~ \Our Documents\Ordinances\06\ICA -Denton County-Metro Street.doc
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND
DENTON COUNTY, TEXAS FOR THE CONSTRUCTION OF METRO STREET FROM
INTERSTATE HIGHWAY 35 WEST (1lI35W) SERVICE ROAD WEST TO CORBIN ROAD
AND CORBIN ROAD NORTH OF ITS INTERSECTION WITH METRO STREET TO F.M.
1515; AND PROVIDING AN EFFECTNE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves an Inter10cal Cooperation Agreement
between the City of Denton, Texas and the Denton County, Texas for the construction of Metro
Street from Interstate Highway 35 West (1lI35W) service road west to Corbin Road and Corbin
Road north of its intersection with Metro Street to F ~M. 1515 substantially in accordance with
the Interlocal Cooperation Agreement which is attached hereto and incOlporated herein by
reference (the "Agreement")~ The City Manager, or his designee, is authorized to execute the
Agreement on behalf of the City. The City Manager, or his designee, is authorized to carry out
the City's rights and duties under the Agreement. Any prior actions of the City taken pursuant to
the Agreement are hereby ratified.
SECTION 2. The City Council finds that the Agreement will benefit the City of Denton
and is in the public interest.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R~ McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M~ S , CrT ATTORNEY
Exhibit 1
By:
THE STATE OF TEXAS )
)
COUNTY OF DENTON )
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF DENTON~ TEXAS
AND DENTON COUNTY~ TEXAS
THIS AGREEMENT is made and entered by and between Denton County, Texas;
a political subdivision of the State of Texas, hereinafter referred to as "the County," and
the City of Denton, Texas, a political subdivision located within Denton County; Texas,
duly organized and authorized under the laws ofthe State of Texas, hereinafter referred to
as "the City."
WITNESSETH that the County and the City propose to construct Metro Street
from the Interstate Highway 35 West (lli35W) service road west to Corbin Road and
improve Corbin Road north of this intersection to F.M. 1515 within and adjacent to the
city limits of Denton; Texas, hereinafter referred to as ''the Project"; and
WHEREAS, the County is a duly organized and political subdivision of the State
of Texas engaged in the administration of county government and related services for the
benefit of the citizens of Denton County, Texas; and
WHEREAS; the City is a duly organized political subdivision in Denton County,
Texas, engaged in the administration of city government and related services for the
benefit of the citizens of the area serviced by the City; and
WHEREAS, the County and the City mutually desire to be subject to the
provisions of Chapter 791 of the Texas Government Code; the Jnterlocal Cooperation
Act; which provides authorization for any local government to contract with one or more
Interlocal Cooperation l\.greem.ent
C-ity Of Denton
Page 1
local governments to perform governmental functions and services under the terms of the
Act; and
WHEREAS, each party has the authority to perform the activities set forth in this
Agreement and will make all payments provided for herein out of current revenues
available to the paying party and all payments made hereunder will fairly compensate the
other party; and
NOW, THEREFORE, the County and the City, for the mutual
consideration hereinafter stated, agree and understand as follows:
I.
This Agreement becomes effective when signed by the last party whose signing
makes the respective agreement fully executed.
II.
The County and the City hereby agree that the scope of the Project shall be limited
to engineering, right-of-way acquisition and construction of Metro Street on a new
alignment as a two lane undivided roadway from Interstate Highway 35 West (IH35W)
service road west to Corbin Road and to improve Corbin Road as a two lane undivided
highway north from its intersection with Metro Street to F.M. 1515. The project's total
cost is currently estimated to be FNE HUNDRED THOUSAND AND NO/lOO
DOLLARS ($500,000.00) for engineering, right-of-way and in-house construction
inspection and FOUR MILLION FNE HUNDRED THOUSAND AND NO/lOO
DOLLARS ($4,500,000.00) for construction for a total estimated cost ofFNE MILLION
AND NOll 00 DOLLARS ($5,OOO,OOO~OO).
ID.
The County agrees to contribute an amount of TWO MILLION, FOUR
HUNDRED THOUSAND AND NOll 00 DOLLARS ($2,400,000.00) towards the
completion of the Project from Precinct 4,. Transportation Road Improvement Program _
04 funds. As the City proceeds with the completion of the Project, it shall submit
invoices for work performed on the Project to the County in care of the County Auditor,
on a monthly basis and the County shall reimburse the City for all expenses related to the
Project within thirty (30) days of receipt of invoices.
Inter! oC31 Coope.ration Agreem.en t
C.ity ()f I)en.1on
Page 2
IV~
The City agrees to contribute funds in an amount up to TWO MILLION SIX
HUNDRED THOUSAND AND NOll 00 DOLLARS ($2,600,000.00) towards the
construction ofproject
v.
The City will oversee the right-of-way acquisition, design and construction of the
Proj ect.
;VI~
This Agreement may be terminated in whole or in part by the County or the City upon
thirty (30) days written notice to the other party setting forth a substantial failure by the
defaulting party to fulfill its obligations under this agreement through no fault of the
terminating party. No such termination may be affected unless the defaulting party is
given (1) written notice delivered via certified mail, return receipt requested, of intent to
terminate, setting forth the substantial failure to perform and (2) not less than thirty (30)
calendar days to cure the failure; and (3) an opportunity for consultation with the
terminating party prior to termination. Notices shall be directed as follows:
For City: Mayor Perry McNeill
City of Denton
215 E. McKinney Street
Denton, Texas 76201
Copy To: George C. Campbell, City Manager
City of Denton
215 E~ McKinney Street
Denton, Texas 76201
For Connty: Honorable Mary Horn
Denton County Judge
110 West Hickory
Denton, Texas 76201
Copy To: Denton County Criminal District Attorney's Office
Civil Division
Interlocal Cooperation Agreem.ent
City Of I) en ton
Page 3
P.O. Box 2850
Denton, Texas 76201
VII.
The City understands and agrees that the City, its employees, servants, agents
and/or representatives shall at no time represent themselves to be employees, servants,
agent and/or representatives of the COWlty..
VIII.
The County understands and agrees that the County, its employees, servants,
agents and/or representatives shall at no time represent themselves to be employees,
servants, agent and/or representatives of the City.
IX.
The County agrees to and accepts full responsibility for the acts, negligence,
and/or omissions of all County employees, agents, subcontractors, and/or contract
laborers and for those of all other persons doing work under a contract or agreement with
the County.
x.
The City agrees to and accepts full responsibility for the acts, negligence, and/or
omissions of all City employees, agents, subcontractors, and/or contract laborers and for
those of all other persons doing work under a contract or agreement with the City.
XI.
This agreement is not intended to extend the liability of the parties beyond that
provided by law. Neither the County nor the City waives, nor shall be deemed hereby to
waive, any immunity or defense that would otherwise be available to it against claims
made by third parties.
xu.
This agreement represents the entire agreement between the County and the City
and supersedes all prior negotiations, representations and/or agreements, either written or
oral. This agreement may be amended only by written instrument signed by the
lnterlocal Cooperation i\greem.ent
(~ity Of I)enton
Page 4
governing bodies of both the County and the City or those authorized to sign on behalf of
those governing bodies.
XllI.
The validity of this agreement and of any of its terms or provisions, as well as the
rights and duties of the parties hereto, shall be governed by the laws of the State of Texas.
Further, this agreement shall he performable in Denton County, Texas.
XIV.
In the event that any portion of this agreement shall be found to be contrary to
law, it is the intent of the parties hereto that the remaining portions shall remain valid and
in full force and effect to the extent possibte.
XV~
The undersigned officer and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this agreement on behalf
of the parties hereto, and each party hereby certifies to the other that any necessary
resolutions extending said authority have been duly passed and are now in full force and
effect.
;
XVI~
Pursuant to Section 791.011 of the Texas Government Code the parties hereto
agree that the purpose of this Agreement i~ to ensure that certain governmental functions
and services in the area of streets, roads and drainage are performed. The parties hereto
further agree that each of them is authorized to perform the functions and services
individually.
XVII~
This Agreement is not intended to.. extend the liability of the parties beyond that
provided by law. Neither the County nor the City waives, nor shall be deemed hereby to
have waived, any immunity or defense that would otherwise be available to it against
claims arising by third parties.
lnterlocal Cooperation l\greem.cnt
C.ity Of Denton
Page 5
EXECUTED In duplicate originals this, the
, 2006~
day of
COUNTY
Denton County, Texas
11 0 West Hickory
Denton, Texas, 76201
CITY
City of Denton
215 East McKinney
Denton, Texas 76201
By:
Honorable Mary Horn
Denton County Judge
By:
George C~ Campbell
City Manager for the
City of Denton
Acting on behalf and by the authority of the Acting on behalf and by the authority of the
Commissioners Court of Denton County, City of Denton, Denton County, Texas
Texas
ATTEST:
ATTEST:
By:
Denton County Clerk
By:
City Secretary
By:
Assistant District Attorney
By:
City Attome
APPROVED AS TO FORM:
InterlocaI C~ooperation .A.greement
c.ity ()fI)enton
Page 6
AUDITOR'S CERTIFICATE
I hereby certify funds will be available to accomplish and pay the obligation of
Denton County, Texas under this Agreement
James Wells, Denton County Auditor
CITY AUDITOR'S CERTIFICATE
I hereby certify funds will be available to accomplish and pay the obligation of the
City of Denton, Denton County, Texas under this Agreement
City Auditor
Interlocal Cooperation Agreem.ent
(~ity ()f Denton
Page 7
APPROV AL OF INTERLOCAL COOPERATION AGREEMENT PROJECT
The County of Denton, acting by and through the County Commissioners
Court, having been advised of a project to construct Metro Street on a new alignment
as a two lane undivided roadway from Interstate Highway 35 West (IH35W) service
road west to Corbin Road and to improve Corbin Road as a two lane undivided
highway north from its intersection with Metro Street to F .M. 1515 within and
adjacent to the city limits of Denton, hereinafter referred to as the "Project" under an
Interlocal Contract, herein gives its specific written approval of the project prior to
beginning the project in satisfaction of the requirements of V.T.C.A., Government
Code, Chapter 791, the Interlocal Cooperation Act, Section 791.014.
The description of the type of project to be undertaken and its location are as
follows: Metro Street on a new alignment as a two lane undivided roadway from
Interstate Highway 35 West (1lI35W) service road west to Corbin Road and to
improve Corbin Road as a two lane undivided highway north from its intersection
with Metro Street to F.M. 1515 within and adjacent to the city limits of Denton.
The local government which requested the project and with which the County
of Denton has contracted is the City of"Denton"~
By vote on this date, the Commissioners Court has approved the project
identified above and authorized execution of this document by the presiding officer
on behalf of Denton County, Texas..
By:
Presiding Officer of the Denton COWlty
Commissioners Court
Interlocal Cooperation i\greenlent
City Of Denton
Page 8
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT
The City of "Denton", acting by and through the City Council, having been
advised of a project to construct Metro Street on a new alignment as a two lane
undivided roadway from mterstate Highway 35 West (lli35W) service road west to
Corbin Road and to improve Corbin Road as a two lane undivided highway north
from its intersection with Metro Street to F.M. 1515 within and adjacent to the city
limits of Denton, hereinafter referred to as the "Project", under an Interlocal Contract,
herein gives its specific written approval of the project prior to beginning the project
in satisfaction of the requirements ofV.T.C.A., Government Code, Chapter 791, the
Interlocal Cooperation Act, Section 791.014.
The description of the type of project to be undertaken and its location are as
follows: Metro Street on a new alignment as a two lane undivided roadway from
Interstate Highway 35 West (lli35W) service road west to Corbin Road and to
improve Corbin Road as a two lane undivided highway north from its intersection
with Metro Street to F.M. 1515 within and adjacent to the city limits of Denton,
hereinafter referred to as the "Project"~
The local government which requested the project and with which the City of
"Denton" has contracted is the County of Denton.
By vote on this date, the City Council has approved the project identified
above and authorized execution of this document by the presiding officer on behalf of
the City of "Denton", Texas~
By:
Presiding Officer of the City of "Denton"
Interlocal Cooperation .l\gree.ment
(;jty Of Denton
Page 9