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HomeMy WebLinkAboutDecember 19, 2006 Agenda AGENDA CITY OF DENTON CITY COUNCIL December 19,2006 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 19, 2006 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Receive a status report, hold a discussion and give staff direction regarding the City's plan to move to a self-funded health benefits program effective January 1,2008. 2. Receive a report, hold a discussion and give staff direction concerning adjusting the jurisdictional boundary between the City of Denton and the City of Corinth. The boundary adjustment would result in transferring 0.961 acres from the City of Denton to the City of Corinth. (8106-0003, Denton and Corinth City Boundary Adjustment) 3. Receive a report, hold a discussion and give staff direction regarding a historic structure tax abatement policy for the Fry Street Small Area District. 4. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of December 19,2006. 5. Receive a report, hold a discussion, and give direction regarding the recruitment and selection of the Internal Auditor position. The Council reserves the right to convene into closed session under Section 551.074 of the Texas Government Code to deliberate the employment, evaluation, and duties of an Internal Auditor. 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. Receive legal advice concerning Retirement Health Savings Plan. 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 City of Denton City Council Agenda December 19,2006 Page 2 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. 3. Consult 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. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF 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 SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION S551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, December 19, 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. December 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. City of Denton City Council Agenda December 19,2006 Page 3 Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - J). 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 - J below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance approving a Right-Of-Way Abandonment Agreement between the City of Denton, Wheeler Ranch Ltd., and Centex Homes, for the abandonment of a portion of Nowlin Road located between Saddleback Drive and the proposed F.M. 2499, being a portion of roadway adjacent to Wheeler Ridge, Phases Two and Four, additions to the City of Denton, Texas, authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date. B. Consider adoption of an ordinance authorizing the City Manager to execute a real estate exchange and purchase agreement by the City of Denton, Texas with Westpark Group, LP, and BC Rail Spur LP and Rayzor Investments, Ltd. for the city's fee acquisition of 6.889 acres of land in Abstracts No. 1040 and 1285; for the fee acquisition of a 0.8163 acre tract of land in Abstract No. 996; for the acquisition of a city access easement of 3.874 acres of land in Abstract No.1 040; for the acquisition of electric utility easements totaling 15.11 acres of land in Abstracts No. 996, 1040, and 1285; the acquisition of temporary construction easements totaling 11.001 acres of land in Abstracts No. 996, 1040, and 1285, for the acquisition of a street right-of-way donation deed for a .638 acre tract of land in Abstract No. 1040; the fee disposal by the City of Denton of tracts of land totaling 3.245 acres in Abstract No. 996; in which real estate and purchase agreement wherein BC Rail Spur, LP grants to the City of Denton a non-exclusive rail spur usage right to use the existing railroad spur for the future consideration therein expressed, that is north of and adjacent to the 6.889 acre tract of land situated in Abstracts No. 1040 and 1285; authorizing the expenditure of funds therefore; and providing an effective date (The Denton West Electric Utility Project). C. Consider adoption of an ordinance of the City of Denton, Texas abandoning and vacating a portion of West Prairie Street, being a 0.315 acre tract of a street right- of-way tract conveyed to the City of Denton, Texas by deed recorded in Volume 383, Page 186 of the Deed Records of Denton County, Texas; and providing an effective date thereof. (West of Texas National Guard Armory and Kansas City Southern Railway). D. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the on-site roadway and finish grading and paving of the existing prepared road sub grade at the City of Denton Landfill; providing for the expenditure of funds therefore; and providing an effective date (Bid 3660 - Landfill On-Site Roadway Finish Grading and Paving awarded to Reynolds Asphalt and Construction Company in an amount not to exceed $238,100.90). The Public Utilities Board recommends approval (6-0). City of Denton City Council Agenda December 19,2006 Page 4 E. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of six trucks for the Water/Wastewater Department and four trucks for Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3682 - Interlocal Agreement for the purchase of Utility Fund Vehicles awarded to Philpott Motors in the amount of $243,761). The Public Utilities Board recommends approval (7-0). F. Consider adoption of 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 and one tractor/ mower for the City of Denton Water/Wastewater Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3683 - Interlocal Agreement for Heavy Equipment for Water/Wastewater Department with H-GAC awarded to Equipment Support Services in the amount of $140,296.64 for two backhoes and Landmark Equipment in the amount of $94,760.40 for one tractor/mower for a total award of $235,057.04). The Public Utilities Board recommends approval (7-0). G. Consider approval of a resolution reviewing and adopting the Investment Policy for funds for the City of Denton; designating an investment officer; providing a savings and a repealing clause; and providing an effective date. The Investment Committee recommends approval (5-0). H. Consider adoption of an ordinance of the Denton City Council approving and authorizing the Mayor to execute a First Amended Master Lease Agreement providing for the lease of two additional tracts of real property located at the City of Denton Landfill, by and between the City of Denton, Texas, as lessor and the Denton County Transportation Authority, as lessee; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (7-0). I. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to sign an interlocal agreement between the City of Denton and the University of North Texas for the enforcement of parking regulations by the University of North Texas; providing for a severability clause; and providing for an effective date. J. Consider adoption of an ordinance of the City of Denton, Texas authorizing the settlement of contractual claims by and between the City of Denton, Texas and Waukesha Electric Systems, Inc.; authorizing the City Manager and City Attorneys to act on the City's behalf in executing any and all documents pertaining thereto, and to take such other actions that are necessary to finalize the settlement; authorizing the expenditure of funds therefor; and declaring an effective date. City of Denton City Council Agenda December 19,2006 Page 5 4. PUBLIC HEARINGS A. Hold a public hearing and consider 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 to allow office uses. The property is located at the northwest corner of Teasley Lane and Lillian Miller Boulevard. The Planning and Zoning Commission recommends approval (5-0). (206-0024, Teasley Professional Plaza) B. Hold a public hearing and consider adoption of an ordinance concerning the rezoning of approximately 1.722 acres from a Neighborhood Residential-4 (NR- 4) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district. The property is located on the west side of Teasley Lane approximately 1,000 feet south of Wheeler Ridge Drive. The Planning and Zoning Commission recommends approval (7-0). (206-0032, Lexington Park Phases 4 & 5) C. Hold a public hearing and consider adoption of an ordinance regarding the amendment to the Extraterritorial Jurisdiction (ETJ) boundary between the City of Denton and the City of Krum. The Planning and Zoning Commission recommends approval (7-0). (8106-0004, Denton and Krum ETJ Boundary Adjustment) D. Hold a public hearing and consider adoption of an ordinance regarding an amendment to the Denton Development Code of the City of Denton related to enabling language for implementation of solid waste design standards (DCA05- 0012). The Planning & Zoning Commission recommends approval (7-0). (DCA05-0012, DDC Amendment) E. Hold the second of two public hearings to consider the voluntary annexation and service plan for approximately 1199 acres. The property to be annexed is generally located in the northwestern area of the City of Denton's extraterritorial jurisdiction 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. The Planning and Zoning Commission recommends approval (7-0). (A 06-0005, Hills of Denton) 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance on second and final reading to voluntarily annex approximately 33 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ). The Planning and Zoning Commission recommends approval (7-0). (A 06-0004, Lot 2 of the Marriot Garden Addition Annexation) B. Consider nominations/appointments to the City's Boards and Commissions. City of Denton City Council Agenda December 19,2006 Page 6 C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Sonya Hill regarding the possibility of the City picking up solid waste in alleys. D. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. E. 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. F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. G. 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. AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEPARTMENT: Fiscal Operations Questions concerning this report may be directed to Scott Payne, 349-7836 ACM: Jon Fortune N SUBJECT Receive a status report, hold a discussion and give staff direction regarding the City's plan to move to a self-funded health benefits program effective January 1,2008. BACKGROUND The City of Denton is currently fully insured through United Healthcare for employee and retiree health benefits. In a fully insured relationship, the insurance company bears the ultimate financial risk for health benefits in exchange for a pre-determined, monthly premium payment from the insured. The City has been insured by United Healthcare for the past three years and by companies such as Aetna and Cigna in prior years. The idea of moving to a self-funded health benefits program was first presented to the Council in an April 4, 2005, white paper (copy attached). Subsequent discussions with the City's Audit Committee provided direction to transition to a self-funded program beginning with the January 1,2008, plan year. The purpose of this report is to bring the full Council up-to-date on this item and to highlight the timeline and action steps necessary for moving toward self-funding. Attachment 1 provides a status report with some background information on the pros and cons of self-funding, an evaluation of the City's actual health claims costs for 2006 had we been operating a self-funded program in 2006, and a time line for transitioning to a self-funded program for 2008. PRIOR ACTION/REVIEW The Council received a white paper that included self-funding as an option during a meeting on April 4, 2005. The Audit Committee also reviewed this item as part of an Issue Paper regarding the City's health benefits on July 14,2006 and on September 13,2006. FISCAL INFORMATION Health insurance premiums are currently paid out of911001.6716. Agenda Information Sheet December 19,2006 Page 2 EXHIBITS Attachment 1 - Status Report Attachment 2 - Self-Funded Plan Evaluation of2006 YTD Claims Data Attachment 3 - Timeline Attachment 4 - White Paper - April 4, 2005 Attachment 5 - Issue Paper - July 14, 2006 Attachment 6 - Power Point Presentation Respectfully submitted: Scott Payne Risk Manager ATTACHMENT 1 Status Reoort - Transition to Self-Funded Health Benefits Pro2ram This report is presented to provide the Council with an update regarding the transition from the current fully insured health benefits program to a self-funded program, effective with the January 1, 2008, health plan year. This report will provide a comprehensive analysis of the differences between a fully insured program and a self-funded one. Additionally the report will evaluate the actual health claims data for 2006 as if we had been self-funded in 2006. Finally, a detailed time line with action steps will be presented. Self-funding vs. Fully insured: General - At its core, the main difference between a fully insured health insurance program and a self-funded health benefits program is who bears the ultimate risk for the health costs and therefore, who has control of the plan design. Under a fully insured arrangement, the employer purchases health insurance coverage from an insurance company. The employer pays a monthly premium to the insurance company in exchange for the insurance company assuming the financial risk of providing health benefits. If the health claims expenses are less than the premium paid to the insurance company, then the insurance company keeps that money. Conversely, if the health claim expenses exceed the amount of premium paid to the insurance company, the employer has no further financial responsibility. Stop Loss Insurance - Even though the self-funded employer has the ultimate financial responsibility for the health care expenses, an employer can lessen the risk they assume by purchasing both specific and aggregate stop loss coverage. The specific, or individual, stop loss provides a maximum amount ($50,000, $100,000, $150,000) the employer pays for health care expenses per individual in a plan year. Once expenses exceed this cap, the costs become the responsibility of the re-insurer, on a reimbursement basis. Additionally, aggregate stop loss provides protection on the health plan in totality. The threshold on the aggregate protection is determined as a percentage (10%, 20%, 25%) above the employer's expected annual total (aggregate) claims. Any claim costs that exceed 120% (for example) of the expected claims for a plan year become the responsibility of the reinsurance company on a reimbursement basis. It should be noted that even in a fully insured program the employer still bears the ultimate financial responsibility. When health claims expenses exceed the premiums paid by the employer, the insurance company will increase premiums in subsequent years to recoup that loss. Third-Partv Administrator - In a fully insured health benefits program, the insurance company provides all the services necessary to provide health benefits, including claims processing, provider network contracting and management, medical review, disease management, pharmacy, and other related services. In a self-funded arrangement, the employer will contract with a third-party administrator (TP A) to provide these services. However, additional savings can sometimes be realized by "carving out" services such as the provider network, pharmacy, disease management, etc., to other vendors. The most common piece that is carved out of most self-funded programs is the pharmacy benefit. Many large insurance companies such as UHC, Blue Cross Blue Shield and Texas Municipal League (TML) offer full TP A services to self-funded employers. Several also offer stop loss coverage as well. Plan Design - Buying a fully insured health insurance plan is like buying auto or property insurance.. .you must choose between the various plans that the insurance company has filed with and been approved by the State of Texas. Fortunately, large companies such as United Healthcare (UHC) have many plans to choose from but even they have limitations on the types of benefits that can be offered. This means that sometimes, in order to make changes to one part of the plan (the deductible for example), it will necessitate making changes to other benefit levels as well (co-insurance and co-payment amounts) in order to fall within one of the pre-filed plan designs. This creates limitations and restrictions on the level and types of benefits that are offered. For example, many plans allow for coverage of over-the-counter (OTC) medications under the health plan. These medications, while usually cost effective for the plan, are not an attractive option for the employee since the out-of-pocket retail cost to purchase the medication usually exceeds the co-payment for a Tier I drug. However, if the insurance company does not offer this option (as in the case of UHC), then it cannot be added to your fully insured plan. There are also federal and state mandated benefits that must be covered under fully insured plans that are optional under a self-funded plan design. In fact, the federal Employee Retirement Income Security Act (ERISA) of 1974 specifically exempts self- funded health plans from compliance with state laws and regulations. A self-funded health plan provides ultimate plan design flexibility since the employer develops the benefit structure based on the needs and utilization of the employees, without the restrictions and mandates of a fully insured plan. However, this can be a "double-edged" sword since the final word on all plan design decisions rests with the employer as well as resolution of any claim disputes. Savings - In today's world of near double digit medical inflation, there is no guarantee that a move to a self-funded program will save money. However, being self-funded at least provides the opportunity to reduce costs over the long term. Right off the top, a self- funded plan will save whatever profit and margin that is built into a fully insured premium amount. Depending on the company, that savings could be 5-20%. Additionally, self-funded plans are not subject to state premium taxes. The City's renewal for 2007 included a premium tax of 2.9%, which equates to approximately $300,000. 2 Savings can also be generated under a self-funded plan from changes in plan design, especially in the area of pharmacy. Many fully insured plans are tied to specific pharmaceutical providers and set the prescription formulary based on rebates the insurance company receives back. By carving out the pharmacy benefit manager (PBM), and developing the plan's drug formulary based on utilization and other factors related to the employer's group, the plan can realize savings. Additionally, if rebates are available, they are paid to the employer instead of the insurance company. Being self-funded can also help generate additional "ownership" by employees enrolled in the plan. They begin to realize that employer dollars, instead of insurance company dollars, are paying medical expenses and they become better stewards of those funds. Consequently, the utilization patterns begin to change over time, which can save the plan money. Finally, under a self-funded plan there is a dollar for dollar savings due to preventative and wellness measures. If wellness initiatives prevent a $10,000 procedure from being performed or prevent an employee from having to being taking a $100 per month drug, then those are direct savings to the plan. Currently, these types of savings are realized by the insurance company who may, or may not pass those savings on to the employer in the form of premium reductions in subsequent years. Health Plan Data - Another advantage that comes with being self-funded is better access to aggregate claims data. Under a fully insured arrangement, the claims data belongs to the insurance company. Typically they will place limitations and restrictions on what types of aggregate data the employer can review and the types of reports they can generate. This lack of data creates problems when an employer is trying to make plan adjustments and doesn't have access to the full picture. When a group is self-funded the data belongs to the employer and therefore, they have full access to it for purposes of determining utilization patterns, developing rate structures and evaluating benefit levels. By having access to this type of aggregate claims data, an employer can begin to understand the true cost drivers for a health plan and make changes accordingly. Reserves - Workers' compensation and liability claims are said to have long "tails." This means that in some cases the claims take a very long time to resolve. As such, large reserves must be established now to pay for current claims that may resolve themselves 5 - 10 years in the future. Health claims have a much shorter "tail" and typically resolve much sooner. Therefore, most self-funded plans only need to reserve three to four months of claims payments. As part of the transition process, staff will be evaluating various methods to build and maintain these reserves. Evaluation of 2006 Health Claims Cost: McGriff, Seibels and Williams, the City's benefits consultant, has been tracking our 2006 health claim expenses and evaluating them as if the City had been self-funded this year (see Attachment 2). Through October, had the City been self-funded in 2006, we would have saved approximately $395,000 when compared with the fully insured premium we 3 have paid to UHC. This calculation includes allowances for expenses related to TP A services and stop loss premiums under a self-insured plan. If this trend holds true through the December 2006 claims data, the City would have been able to retain that $395,000 to put back into the health insurance fund reserves or to utilize for other purposes. Instead, UHC will keep that money in addition to the premium increase they passed on to the City for 2007. Transition Timeline: A detailed transition timeline is provided as Attachment 3. The Request For Proposal (RFP) will be developed and published for potential vendors by the first week of February 2007. Responses will be received and evaluated in March with final selection taking place in April and May. The final vendor will be presented for City Council approval on May 15, 2007 (target date). Having our new provider(s) in place by June will provide us with administrative and stop loss costs for budget and allow sufficient time to transition to a potentially new claims processor and to develop the necessary tools and information for open enrollment in October of2007. Summary: The City's decision to move to a self-funded health benefits program is the first step toward gaining control of our health care expenditures. Being self-funded creates many opportunities for creativity within the benefit design, which can lead to lower costs. 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E c.. c Q) a.. c I- U) 0 <( 0 0 0:: a.. 0:: 0:: a.. ~ c if) u:: > <( w 0 u:: [jJ > > if) 0 ~ N M "lOt L!) <0 f'.. 00 0) a ~ N M "lOt L!) <0 f'.. 00 0) a ~ N M "lOt L!) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N N N N N N (!) a a N co N Attachment 4 City of Denton White Paper Health Insurance Plan Design Options April 4, 2005 Prepared By: Risk Management Division Employee Insurance Committee Table of Contents Health Insurance Crisis .............................................................................. 2 City of Denton Historical Data ..................................................................... 2 Current Health Plan Design ......................................................................... 3 Maj or Issues ........................................................................................... 4 Opti ons ................................................................................................. 4 Option 1: Employee Insurance Committee Recommended Changes to Current Plan Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 4 Option 2: More significant changes to Option 1 ......................................... 5 Option 3: Consumer Driven Health Plans. . . . . . . . . . . . . . . . . ... . . . . ... . . . . . . . . . . . . . . . . . . .. 6 Option 4: Catastrophic Only or High Deductible Plan ................................. 9 Option 5: Cafeteria Plans .................................................................. 9 Option 6: No Health Coverage ............................................................ 1 0 Health Plan Enhancements ......................................................................... 11 Employee Health Clinic .................................................................. .11 Self-Funding .............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Summary .............................................................................................. 12 Appendix A - Glossary of Terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 1 Health Insurance Crisis It comes as no surprise to anyone who has had to pay for a medical service, or for that matter, anyone who reads the paper, that the health care industry in the United States is in a state of crisis. Since the mid 1990s, the cost of health insurance has seen a dramatic increase. The United States already has the highest cost per person for health care in the industrialized world, and government projections indicate that by the year 2014, health care will be 19% of the entire U.S. economy (USA Today). Compounding the issue is the fact that medical inflation has increased at a rate higher than regular inflation. For example, from 1980 to 2002, the cost of housing rose 122.3%, transportation 84%, food 103.9% and apparel 36.4%. The cost of all medical expenses rose by 281.3% and is still climbing (Marsh, Inc.). These annual increases in health insurance costs will exceed workers' disposable income, despite the fact that employee salaries are increasing. Employers will be affected by this increase as well. The reasons for the increased cost of medical care are good in their benefits, yet bad in their cost. With the increase in technology, we are able to diagnose and treat many more conditions than ever before. However, technology, especially the research and development, are very expensive. Additionally, with so many procedures available, it is more likely that a patient will have multiple procedures performed before they are diagnosed. Additionally, prescription medication costs are at an all time high. The Food and Drug Administration (FDA) is approving new medications at a rapid rate. Pharmaceutical companies eager to cash in are no longer waiting for patents to expire on medications before developing generic drugs. Instead, they develop drugs that are almost identical to existing drugs in order to avoid patent violations. With so many similar drugs on the market, pharmaceutical companies spend millions of dollars on advertisement, a direct impact on drug prices. Some medications, just by their nature and what they treat, are expensive to produce. Specialization is another growing cost factor in the medical industry. Patients no longer make a trip to their family practitioner to cure all that ails them. Chances are, a specialist visit will be incurred, and specialists' fees are higher than those in general medicine. In addition, health insurance is no longer just coverage for major medical situations, but for everything from the common cold to cancer. Advances in medical science have increased both life expectancy and actual life spans. However, this also allows individuals to experience more chronic conditions in their lifetime, especially as they age. This leads to an increased use of medical technology, prescriptions and specializations. Finally, the insured are paying for two factors largely outside of their control: the costs of serving the uninsured and the cost of medical malpractice. While hospitals provide medical care to the uninsured, they cannot absorb all of the costs of doing so. The results are higher hospital rates. Doctors and hospitals must also raise their rates in order to purchase medical malpractice insurance. In recent years, patients have been forced to take more control of their health care, having to become educated consumers in one of the largest markets in the world. Unfortunately, many employees are unprepared to take on that role. City of Denton Historical Data The City of Denton has offered a fully insured health product to its full-time employees, retirees and eligible dependents since 1989. Depending on the contract term and the proposed renewal rate, and due to the constantly changing health care environment, the City has gone out to the 2 market everyone to two years to seek competitive bids on both fully insured and self- funded programs. During the last bid in 2003, the fully insured proposal offered by United Healthcare (UHC) was the most cost effective for the City. We renewed with UHC in January of2005. Current Health Plan Desi2n The City's current insurance program is a Preferred Provider Organization (PPO) program. This plan provides the lowest cost of health coverage if the covered person stays within the PPO's network of approved and credentialed medical providers and facilities, much like a Health Maintenance Organization (HMO). Unlike an HMO, the City's PPO still offers covered medical care if the covered person seeks medical treatment outside of the network. Furthermore, unlike an HMO, the City's plan does not mandate the use of a primary care physician (PCP) and does not restrict access to specialists by requiring referrals from the PCP. A covered person has direct access to all medical providers and facilities in the PPO network. The City's PPO includes coverage for all the standard types of medical care such as family physician and specialist office visits; out-patient procedures; in-patient hospital admissions; emergency room and mInor emergency access; lab, x-ray and other diagnostic procedures; surgical and transplant benefits; wellness exams; and immunizations. In addition the City's plan provides coverage for prescription medications on a three-tiered basis. This provides a $7 co- payment amount for generic medications, a $20 co-payment for those name brand medications that are on the PPO' s preferred drug list or formulary, and a $50 co-payment for all other medications that are not generic and not on the formulary. In this way, the City's plan allows access to almost all medications currently on the market while cost sharing with the covered person when they must utilize the higher cost, third-tier medications. The City also offers a mail- order prescription program alternative for those covered people who utilize "maintenance medication" such as blood pressure, cholesterol or hormones. The mail-order program has copayments of $17.50 (generic), $50 (preferred) and $125 (non-formulary) for a 90-day supply of medication. Table 1 below lists the various benefits available under the City's health plan, as well as, the current employee costs for the various health coverage levels. Table 1 - Health Plan Summary of Benefits Benefit In- Out-of- Network Network Premiums: Employee Only $0.00 $0.00 Emp. + Child $96.00 $96.00 Emp. + Spouse $155.00 $155.00 Emp. + Family $195.00 $195.00 Deductible None $1,000 individual $2,000 family Coinsurance % 10010 80/20 Office Visit Copay $15.00 20%** Specialist Copay $15.00 20%** Out Patient Svcs. $0.00 20%** In- Patient Svcs. $250 20%** Emergency Room $100 20%** Lab & X-Ray $0.00 20%** Out of Pocket Max. N/A $5,000 individual $10,000 family Medications: Generic $7.00 N/A Preferred $20.00 N/A Non-formulary $50.00 N/A * * after deductible is met The City currently budgets $653.55 per covered employee per month as the City's portion of health insurance funding. This amount, In addition to the employee's premiums, provides the money to pay for the total cost of health insurance. Since 2003, the City has not passed on increases in premIums. 3 Table 2 below depicts the amount United Healthcare charges the City on a monthly basis as of January 1,2005: Table 2 - UHC Monthly Charges Coverage Type Monthly Premium Employee Only $570.05 Employee + Child(ren) $712.56 Employee + Spouse $877.88 Employee + Family $957.69 Maior Issues Over the last year the City has been evaluating the long-range implications of providing health insurance. With assistance from the City's current health insurance company, the City's benefit consultant and the Employee Insurance Committee (EIC), we have been identifying changes to plan design and opportunities for employee education. These options can help to contain and better manage health costs while at the same time preserving a competitive advantage and sustaining positive attitudes in the workplace. Ootions While there are certainly no clear-cut solutions to the global health care crisis, there are many options that can be explored locally. The following options that can be considered include changes and variations to the City's current plan design, as well as, alternative plan designs and enhancements. Gvtion 1: Emvlovee Insurance Committee Recommended Changes to Current Plan Design The Employee Insurance Committee (EIC) is made up of members from the various City departments representing all employees. Their purpose is to provide an effective and personal mechanism for communication of information and feedback between all employees. The EIC was tasked with talking to City employees about the current health insurance program and the need to make changes to the plan design. The EIC presented various plan change options to the employees. The employees expressed clear understanding that the City could not continue to fund the existing plan without changes and premium increases. Their main concern was that the changes be done gradually and not implemented all in one year. The changes to the health plan that the employees most supported in the first year of this process are as follows: . Network Change - moving to the Open Access Plus Network within the UHC program could save the City as much as 3%. This change would be almost transparent to employees as a Disruption Analysis shows that only 7 of our current medical providers, with total billed charges of less than $6,000, are not a part of the Open Access Plus Network. . Deductible Change - adding a $250 per person/$500 per family deductible to the current health plan could save the City an additional 3.5%. The deductible amount must be paid for by the employee before the health plan would begin to cost share with the employee. . Co-Insurance Change - The City's current plan pays 100% after any applicable co-payments are paid by the employee. By reducing the co- insurance amount to 90% the City could save approximately 3%. This In turn would mean that the employee and their eligible dependents would begin paying 10% more of their health care expenses up to the annual Out-of-Pocket Maximum. 4 . Out-of-Pocket Maximum - by adding a $1,000 per person/$2,000 per family Out-of-Pocket Maximum, in conjunction with the co-insurance change to 90%, the City could save as much as 3.5%. The Out-of-Pocket Maximum is the maximum cost an employee or eligible dependent would be responsible for in a plan year, in addition to the deductible, co-payments and premiums. . Employee Premiums - by charging employees $25 per month for Employee Only coverage and by increasing premiums for all other levels of coverage by 10%, the City could save an additional 2.6%. This amount IS based on current enrollment figures. Table 3 - Monthly Health Insurance Premiums Covera2e Tvpe Current Rate ProDosed Rate Employee Only $0.00 $25.00 Emp. + Child $96.00 $106.00 Emp. + Spouse $155.00 $166.00 Emp. + Family $195.00 $209.00 Under this structure, a person with Employee Only coverage, who met his/her plan year deductible and Out-of-Pocket Maximum, would pay approximately $1,550 more for health coverage than in previous years. For our lowest wage earner that would mean a comparable 5.85% reduction in pay and a 3.9% reduction in pay for our average non-exempt worker. Option 1 Pros: Recommended by EI C Significant change from current plan but not so drastic as to create confusion and chaos Keeps plan competitive with surveyed metroplex cities Option 1 Cons: Only creates 16% of total savIngs and new money Option 2: More significant changes to Ovtion 1 While the changes in Option 1 are the recommendation of the EIC, more extensive changes to Deductibles, Co-insurance levels and Out-of-Pocket Maximums are available. Tables 4 through 6 show the various options and the potential savings. Table 4 - Deductible Options Deductible % Savings $250 3.5% $500 6.0% $1,000 10.0% Table 5 - Co-Insurance Options Co-insurance % Savings 90% 3.0% 80% 5.0% Table 6 - Out-of-Pocket Max Options Out-of-Pocket % Savings $1,000 3.5% $2,000 6.5% In addition to the options listed above, increases to the co-payments for physician office visits and prescription drugs could also be considered. It should be noted that office visit and prescription co-payment amounts were an area that the majority of employees expressed a desire to keep low. . Office Visit Co-Payment - the City currently has a $15 co-payment for physician office visits. Co-payments do not apply to any deductibles or CO-Insurance amounts and allow access to medical care at the physician level without having to meet a deductible. By changing to a $20 office visit co-payment the City could save approximately 0.50%. Moving to a $25 office visit co- payment could save the City 1 %. . Prescription Drug Co-Payments - the City offers a 3-tier plan through UHC. The current prescription drug 5 co-payments are $7 for generIc drugs, $20 for formulary (preferred) drugs, and $50 for non-formulary name brand drugs. By moving to a co-payment structure of $10/$30/$50 the City could save an additional 2%. Higher Increases to employee premIum amounts will also generate additional funds to pay for health care costs. Table 7 below shows the additional funding at various percentage increases. This is also assuming an Employee Only rate of $27 per month. Table 7 - Employee Premium Increases as a Percentage Change Premium Increase Additional Plan Funding 15% 3.2% 17% 3.5% 20% 3.8% 25% 4.5% 30% 5.1 % Another option would be to raise employee premium rates by set dollar amounts instead of percentage increases. Table 8 below details the additional funding revenue at three different dollar amount increases. Table 8 - Employee Premium Increases as Dollar Amount Change Premium Increase Additional Plan Funding $35 4.5% $40 5.2% $50 6.5% While each of the categories listed under Option 2 will either increase health plan savings or increase health plan funding, they will also increase the employee's overall cost for health coverage. Assuming that the an individual with Employee Only coverage ($27) met his/her deductible and out-of-pocket maximum, a move to a $500 deductible, 80% co- insurance level with a $2,000 out-of-pocket maximum would cost the employee $2,824 more than in previous years. For our lowest wage earner that would mean a comparable 10.67% reduction in pay and for our average non-exempt worker it would mean a 7% reduction in pay. In addition, increases to physician office visit and prescription drug co-payments would Increase the employee's overall health cost each time the respective service was used. In 2004, employees averaged almost 5 office visits and over 11 prescriptions per member (employee + all applicable dependents). Option 2 Pros: Increased health cost savings and additional health plan funding Option 2 Cons: Not recommended by EI C Significant impact to employee earnIngs Changes are so dramatic that employees may decide to drop dependents from coverage or drop coverage completely Increases numbers of uninsured people which ultimately impacts the overall cost of health care Gvtion 3: Consumer Driven Health Plans Companies nationwide are looking for any new approaches to slow down the annual increases for employee health care. While managed care may have helped for a time, it is no longer an effective mechanism to control overall health care costs by itself. Managed care attempted to control costs by controlling the supply of medical care. It limited employee choice to those medical providers within a network and employee decision-making by directing care through a "gatekeeper" or prImary care physician (PCP). The newest approach In health care IS "consumerism" or consumer driven health 6 (CDH) plans. These plans are designed to encourage employees to be more educated "consumers" of health care services and to take more responsibility for their health care and the costs associated with that care. Consumerism strategies, by contrast, try to control costs by controlling demand through employee education about the cost of health care. These strategies also require employees to pay a higher percentage of medical expenses. These factors, in turn, encourage employees to be more active participants in the process by making more informed decisions about lifestyle choices (e.g., diet, exercise, smoking), the type of health plan they access, how they use health care services and which medical providers they choose. The keys to successful consumerism appear to be employee education, motivation to change behavior, and employee choice. There are a myriad of options under the heading of CDH. Unfortunately, there is not much in the way of objective data to demonstrate the effectiveness of these strategies because not many companies have actually implemented these plans. Although many industry experts discuss CDH, a recent article on BenefitNews.com reported that only 7.8% of the total commercial health plan premium revenue will come from CDH products in 2005. It should be noted that this percentage is up from 3.2% in 2004. The leading mechanisms for CDH are Health Savings Accounts, Flexible Spending Accounts, Medical Savings Accounts and Health Reimbursement Arrangements or Personal Benefit Accounts. Each of these plan types involve a separate pool of money, funded by the employee, the employer or both. In some cases, this pool of money is available to pay for medical expenses that are not covered by insurance. In other cases, the employer provides the employee with a fixed dollar amount to purchase health care services or a health insurance policy on the open market. Health Savings Account (HSA) - in December of 2003, the Medicare Prescription Drug, Improvement and Modernization Act of 2003 established the tax-favored HSAs. An HSA is most compatible with high-deductible or "catastrophic" coverage plans that will be discussed later. Features of an HSA include: . Employee owned . Funded by employees, employers and/or qualified family members . Available only with high-deductible medical plans with minimum $1,000 per person/$2,000 per family deductibles and $5,000 per person/$10,000 per family out-of- pocket maximums . Unused amounts at the end of the year rollover to the next year since the employee owns the account . Account accrues interest on a tax- free basis Flexible Spending Account (FSA) - established in 1986 by the Internal Revenue Code Section 125 (commonly referred to as "cafeteria 125 plans"). Most employers offer these accounts as a means for employees to considerably reduce their taxable income through salary deductions for health related expenditures and child care expenses on a pre-tax basis. The City currently offers an FSA to employees. Features of an FSA are: . Employer owned . Typically funded by the employee but employers can make contributions . Available with any type of health plan arrangement . Funds do not rollover and must be spent before year end or termination of employment . Account does not accrue interest 7 Medical Savings Account (MSA) authorized by the Health Insurance Portability and Accountability Act (HIP AA) of 1996. Sometimes referred to as the Archer MSA, this mechanism may have been the original consumer-driven health plan. However, MSAs were limited to the self-employed and employers with less than 50 employees. The pilot program for MSAs expired on December 31, 2003, so no new accounts may be set up. Features of an MSA are: . Employee owned Funded by employee or the employer but not both in the same year. Available only with high-deductible medical plans with minimum $1,700 per person/$3,450 per family deductibles and $3,450 per person/$6,300 per family out-of- pocket maximums Unused amounts at the end of the year rollover to the next year Account accrues interest on a tax- free basis . . . . Health Reimbursement Arrangement (HRA) or Personal Benefit Account (PBA) - established in 2002 by the Internal Revenue Service, an HRA allows employees to use employer contributions for medical expenses not covered by health coverage, including deductibles, or to pay for health insurance premiums. An HRA is the most flexible mechanism to engage employees in consumerism. The HRA model can be used as either a piece of the overall employee health plan or as an alternative to traditional health insurance (e.g., the employer provides funding to the employee to go out and buy health coverage on the open market - see Option 5). UHC currently has two public entity clients that offer HRAs to their employees; a school district and a city. This is the first year that the city has offered an HRA and they offer it with a 90/10 PPO and an 80/20 PPO. Enrollment in the HRA is extremely minimal at this time. Features of an HRA are: . Employer owned Funded by the employer Available with any type of health plan design or with no health plan Unused amounts at the end of the year may rollover to the next year at the discretion of the employer Account accrues interest but is paid to the employer . . . . Option 3 Pros: Additional mechanism for employee funding of health care expenses Promotes more employee involvement in health care decisions (vested interest) Option 3 Cons: Programs by themselves do not provide any health cost savings Little or no historic data on success rates of these programs Extensive employee education necessary Extensive medical provider education is necessary Additional administrative burden as in some cases "trusts" must be set up to handle funds Must be paired with high deductible programs in some cases Huge "first step" from the current managed care environment Most of these consumer driven products discussed would not impact the overall cost of the City's health care coverage. The HSA, FSA and MSA only allow employees to set aside funds to pay for health care related expenses. The HSA model generates cost savings by being paired up, on a mandatory basis, with a high-deductible health plan. The HRA can impact overall plan cost by changing the method in which health care is funded, and more importantly, 8 re-engaging employees in the health care decision-making process. Ovtion 4: Catastrovhic Only or Hif!h Deductible Plan Under a catastrophic or high deductible health plan program, health coverage is essentially limited to major medical expenses. These types of plans have high deductibles with high, out-of-pocket maximums and are designed to cover major health care emergencies. Routine office visits, diagnostic testing and annual wellness exams become the responsibility of the employee up to the level of the deductible. These types of programs are also mandatory if being paired with an MSA or an HSA. While the overall plan design would be at the discretion of the employer, a typical plan might have a $1,000 per person/$2,000 per family deductible with a $4,000 per person/$8,000 per family out-of-pocket maximum. While much of the routine medical treatment would become the responsibility of the employee, the plan would provide a cap of $5,000 (individual deductible + out-of-pocket maximum) per person or $10,000 (family deductible + family out-of-pocket maximum) per family for those catastrophic medical conditions such as cancer, an organ transplant or a pre- mature baby. As discussed earlier, this type of program can be paired with an HSA to allow some level of tax deductible funding by the employee for expenses prior to meeting the deductible. In addition, plans of this nature would typically have lower premiums than managed care programs. UHC has indicated that moving to a program with a $1,000 deductible, an 80% co-insurance, and a $5,000 out-of-pocket maximum could save the City as much as 30%. Option 4 Pros: Significant reduction In overall health care expenses Shifts costs to employees that utilize the plan Monthly savings in premium expenses for employees that access health care less frequently Option 4 Cons: Significant potential increase In employee health care expenses Program of this nature not competitive with other metroplex c i ti e s Ovtion 5: Cafeteria Plans The term "Cafeteria Plan" can have several connotations in the field of health insurance and benefits in general. The Cafeteria Plan with which most people are familiar is the Section 125 Cafeteria Plan that allows employees to choose from various benefit options on a pre-tax basis. The City currently offers this program by allowing employees to take deductions for health insurance and other benefits on a pre-tax basis. F or this discussion, the term "Cafeteria Plan" will be used to describe two variations of health care coverage or health care financing. "Boutique" Health Plans - the first Cafeteria program can also be referred to as a "boutique" health plan. The idea behind this program is that the employee can "customize" their health care program based on factors such as their overall level of health, their lifestyle, their financial situation and the level of risk they are willing to assume. The concept behind this type of program is that employees can choose the deductible, co-insurance percentage, out-of-pocket 9 maximum, and in some instances, medical provider networks. The choices they make will determine the monthly premium they are charged. Those that want minimal coverage pay lower premiums than those who choose the most comprehensive care with the least out-of-pocket expenses. This type of Cafeteria plan provides the benefit of "choice" for employees but does not really provide any true savings to the City. This approach can also lead to "adverse selection" since the healthy people choose the lower monthly cost plans with the more restrictive coverage while the people that utilize the health benefits will choose to pay a higher monthly premium for more extensive coverage. In the current health care environment this type of plan is rarely offered. While insurers may offer 2 - 3 plan options, they typically do not offer this level of "boutique" selection. For example, UHC offers a program called "Overture" which provides either a 2 option or 3-option program. This program essentially offers a "basic" program with the option to "buy-up" to higher levels of coverage with lower deductibles and other out-of-pocket expenses. Health expense funding mechanism - the other type of "Cafeteria" plan is one in which the City does not provide health insurance as a benefit but does provide some level of funding for employees to pay for health care expenses or health insurance. In this scenario, an HRA or PBA could be set up with the City contributing a set amount of money on an annual basis for employees to use for health care expenses on a fee-for-service arrangement, or, could be used to purchase health insurance on the open market. Under this program, the City could hold a "Benefits Fair" during the open enrollment process and invite various health insurance companies to participate. The employee would be able to choose from the various companies and pay for the coverage with the funds from the HRA. Other employees may opt not to purchase coverage and simply pay for health related expenses out of the HRA. Much like the "boutique" plan previously discussed, these programs are rare. Unlike the boutique plan, this program would provide cost certainty for the City but would most likely not be viewed as a positive benefit by the majority of employees. Option 5 Pros: Both programs provide maXImum employee choice HRA option would encourage employee involvement in health care process HRA option provides cost certainty Option 5 Cons: Neither option is readily available in the marketplace Boutique program provides no cost savings to plan HRA option would require extensive employee education Individual health plans require medical underwriting which could exclude some employees with certain health issues Individual health plans can have extensive restrictions including exclusions for maternity benefits Option 6: No Health Coverage The vast majority of Americans who have health insurance acquire it through their employer, although there are no laws or regulations that require it. If they do not acquire it through the employer, and cannot find coverage through a spouse's insurance plan, then it is quite likely that they will join the growing ranks of the working uninsured. This option 10 eliminates health care expenses for the City as an employer. It more dramatically cripples the City's ability to recruit and retain employees at all levels. Additionally, it increases overall health care costs by increasing the number of uninsured individuals in our community. Health Plan Enhancements: Employee Health Clinic - an employee health clinic can be set up in conjunction with any of the other options discussed. Several public entities are looking to control increasing health care costs by opening their own employee health clinic. These entities have determined that it is more cost effective to provide the service than it is to provide the benefit. Currently, the City of Garland, the City of Wichita Falls and Collin and Jefferson Counties operate their own employee health clinics. Additionally, San Angelo, Odessa and Lubbock have opened or will open an employee health clinic in 2005. These clinics are staffed by medical professionals (doctors, physician assistants, nurse practitioners, medical techs) employed by the public entities to provide family practice level health care to employees and dependents at no cost. These programs annually shift significant numbers of office visits from the insurance program while providing high quality care and more extensive follow-up interaction than would typically be seen by local medical providers. The clinic is also better able to control referral and medication prescribing patterns. Additionally, having medical providers on staff can assist with many wellness and prevention initiatives. Pros: Significant diversion of office visits and other in-office charges from the health insurance program Staff health care providers focused on providing care Better referral and medication prescribing patterns Reduction in time away from work to attend doctor's appointments Clinic staff can treat workers' compensation injuries and control referrals Clinic can administer flu shots , Hepatitis B and other work required vaccinations Clinic can collect samples for City's drug testing program Cons: Up-front, start-up costs including locating a suitable facility Pressure from local medical providers Medical malpractice liability Perception of sub-standard or indigent care Stigma of City employees providing medical care to fellow City employees Self-funding - the City can choose to self- fund any of the other options discussed. The major difference between a self-funded medical plan and a fully insured medical plan is who ultimately has the financial risk. Under a fully insured medical plan, the employer pays a fixed amount to an insurance company who in turn assumes all of the financial risk. Under a self-funded program the employer pays a fixed cost to a third party administrator (TP A) to pay health claims and administer the plan. Typically, the administrative costs are less under a self- funded arrangement as there is no margin, profit or state premium tax. An employer can lessen the risk they assume by purchasing both specific and aggregate stop loss coverage. The specific stop loss is 11 the maximum amount ($50,000; $100,000; etc.) the employer pays for health care expenses per individual in a plan year. After that cap is exceeded, the costs become the responsibility of the reinsurer. The higher the specific stop loss the lower the monthly per employee charge for this coverage. Aggregate stop loss provides protection on the plan in totality. Like specific stop loss, the employer pays a monthly charge per employee for this coverage. The threshold on the aggregate protection is determined as a percentage (10%; 20%; 25%; etc.) above the employer's annual expected total (aggregate) claims. Any claims that exceed this threshold become the responsibility of the reinsurer on a reimbursement basis. In analyzing the City of Denton's health claims from 2004, it appears that it was to the City's benefit to be fully insured. However, given all the potential plan changes being discussed, the City has the opportunity to save money in 2006 and future years. Pros: Benefit and plan design flexibility Not subj ect to many state insurance regulations and state mandated benefits Not responsible for Insurance company margins or profit Flexibility of network development and contracting Cons: Increased risk if not properly funded City has the ultimate liability for health care expenses The "buck stops" with the City regarding plan design, benefit structure and claims payment decisions Summary In light of the current environment in the health insurance industry, changes to the City's health plan structure are inevitable. However, any changes in the health plan must be viewed in totality. Therefore, the following changes are based on the recommendations of the EIC and the City's economic options. Effective January 1, 2006, proposed plan design changes include the following: 1. Align health plan year with City fiscal year beginning October 1, 2006 2. Move to the Open Access Plus Network (3% savings) 3. Add a $500 per person/$I,OOO per family plan year deductible (6% savings) 4. Change the co-insurance percentage to 90% in-network/70% out-of- network (3% savings) 5. Add a $1,000 per person/$2,000 per family out-of-pocket maximum (3.5% savings) 6. Increase the physician office visit co- payment to $20 (0.5% savings) 7. Change the prescription drug co- payment structure to $10 for generic, $30 for formulary and $50 for name brand (2% savings) These plan design changes are estimated to save the City approximately 18%. Additionally, staff recommends increasing employee premiums by $35 per month. This will generate an additional 4.5%, or approximately $471,000, in employee funding for health insurance. Table 9 below shows the current employee premiums and the new, recommended premiums. 12 Table 9 - Recommended Premium Changes Coverage Type Recommended Premium $35 $131 $190 $230 Employee Only Emp + Child Emp + Spouse Emp + Family Current Premium $0 $96 $155 $195 For the individual with Employee Only coverage ($35) who meets his/her deductible and out-of-pocket maximum, these proposed changes would cost the employee $1,920 more for health expenses than in previous years. For our lowest wage earner that would mean a comparable 7.3% reduction in pay, and for our average non-exempt worker, it would mean a comparable 4.5% reduction in pay. Staff recognizes that this recommendation has the potential to be of significant impact on employees. It does however enable us to meet our budget target of keeping the city's contribution to employee health care at an increase of 3% or less. *** 13 Appendix 1 - Glossarv CDH Plans - Consumer Driven Health Plans Co-Insurance - percentage you pay for eligible expenses after you satisfy the deductible, if any. There is usually a maximum amount of co-insurance that is incurred each year before the plan pays at 100% for the rest of the year Co-payment - flat fee paid out of pocket for medical services at time of service. Usually applies to office visits, prescriptions, emergency or hospital services Deductible - dollar amount of medical care a person must pay each year from their own pocket before the health plan will make payment EIC - Employee Insurance Committee FSA - Flexible Spending Account HMO - Health Maintenance Organization HRA - Health Reimbursement Arrangement HSA - Health Savings Account MSA - Medical Savings Account Out-of-Pocket Maximum - the maximum amount of money a person will pay in a plan year in addition to premium payments, co-payments and deductibles PBA - Personal Benefit Account PCP - Primary Care Physician PPO - Preferred Provider Organization UHC - United Healthcare 14 Attachment 5 ISSUE IDENTIFICATION DESCRIPTION The City of Denton offers health insurance benefits for all eligible employees and retirees. These benefits are also available to eligible dependents of both groups. The City's current health insurance program is a fully insured, Preferred Provider Organization (PPO) program through United Healthcare (UHC). The City's PPO includes coverage for all the standard types of medical care such as family physician and specialist office visits; out-patient procedures; in-patient hospital admissions; emergency room and minor emergency access; lab, x-ray and other diagnostic procedures; surgical and transplant benefits; wellness exams; immunizations, and; prescription drugs. In addition to health insurance, the following benefits are paid for out of the Insurance Fund: . Dental (1000/0 employee paid) . Vision (1000/0 employee paid) . Short-Term Disability (1000/0 employee paid) . Long-Term Disability (1000/0 City paid) . Life Insurance (1000/0 City Paid) . Benefits Consultant Fees TREND ANALYSIS The City of Denton has experienced a 1100/0 increase in health insurance premiums from 2001 through 2005, as illustrated in the chart below. This increase was as a result of utilization and medical inflation and not due to increases in benefit levels for employees / retirees. City of Denton Total Health Premiums +'" UJ o () $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 2001 2002 2003 2004 2005 2006 Proj. Year 1 Attachment 5 City Contributions for Health Insurance $800.00 $600.00 $400.00 $200.00 $0.00 2001 2002 2003 2004 2005 2006 I-+- City Monthly Contribution per Employee I The above chart shows the increase in the City's monthly contribution per employee, which has increased by 1430/0 since 2001. The City budgets the same amount per employee, per month regardless of coverage level (Employee Only, Employee + Child(ren), Employee + Spouse, or Employee + Family). IMMEDIATE ISSUES 1. Cost and Funding of Health Benefits: The City of Denton, like other employers across the United States, has had to deal with the continued increase in the cost of health care. While the trend has slowed somewhat in the last two years, medical inflation is still running between 8-120/0. As many private employers drastically reduce benefits or eliminate health care altogether, the City must also struggle with offering a competitive benefits package in the face of increasing costs. With no apparent end in sight to the continued increase in the cost of health insurance, additional funding for health benefits must be found. Essentially, cost increases can be addressed by three sources: City contributions; employee contributions; and/or plan design changes (shift additional health claim costs to employees). For the 2006 plan year, the City limited its increase in per employee per month contribution to 30/0. However, the City's rate increase from UHC for 2006 was approximately 190/0. Of the additional 160/0 needed to meet budget, 13.40/0 came from benefit level changes and 2.60/0 came from increases in monthly premiums for employees. Table 1 below details the significant changes that were made to the health plan design for 2006: 2 Attachment 5 Table 1- Health Plan Changes for 2006 Benefit 2005 2006 Deductible $0.00 $500 per person/$1000 per family Co- Insurance 010 100010 in network/80010 out 90010 in network/70010 out of network of network Office Visit Copay $15.00 $20.00 Prescription Copays: Tier 1 $7.00 $10.00 Tier 2 $20.00 $30.00 Tier 3 $50.00 $50.00 Monthly Premiums: Employee Only $0.00 $35.00 Employee + Child(ren) $96.00 $131.00 Employee + Spouse $155.00 $190.34 Employee + Family $195.00 $229.95 Since the City had no deductible and a 100010 coinsurance level for in-network procedures in 2005, the changes in 2006 shifted significant costs to the participants on the health plan by increasing deductibles, coinsurance amounts, physician office visit and prescription drug co- payments, and employee premiums. All of these changes generated substantial savings upon plan renewal. It is important to note that the City will not receive the same savings impact for additional plan changes in the future. F or example, introducing a $500 per person/$l,OOO per family deductible for 2006 saved the City an estimated 6010 at renewal. However, if we moved to a $1,000 per person/$2,000 per family deductible for 2007, the City would only realize an additional 3.3010 in savings. The assumptions in the City's current long-term financial forecast include a cap on the increase in the City's contribution for health insurance at 3010 for 2006 and 2007, and a cap of 6010 for years 2008 through 2011. Even if the trend for medical inflation continues to slow, 5-9010 must be made up each year through plan changes and/or increases in employee premium amounts. With the impact of plan design changes reaching the point of diminishing returns, greater changes must be made in order to achieve the same results. Furthermore, continued shifting of costs to the plan's participants due to budget constraints creates a negative impact by decreasing benefits to the point where the City is no longer able to offer a competitive benefits program to employees. The chart below shows the projected difference between total health care costs and the City's contribution level through 2011. This is assuming a 10010 increase in overall health costs and considering the City's cap on contributions at 3010 for 2006 and 2007, and 6010 for 2008 - 2011. Given these assumptions, by 2011 the gap between total health care cost and the City's contribution would be approximately $5,700,000. Therefore, this difference will have to be accounted for in either plan design changes or increases to employee premiums. The shift of this burden results in the City funding a smaller portion of the total cost. In 2007, the City's portion is estimated to be approximately 83010 of the total cost of health care, while shrinking to 67010 in 2011. 3 Attachment 5 Health Insurance Cost Trends City Contribution v. Employee Contribution $19,000,000 $9,000,000 $17,000,000 $15,000,000 .... $13,000,000 t/) o (J $11,000,000 $7,000,000 $5,000,000 2006 2007 2008 2009 2010 2011 Year I_ City Contribution - Employee Contribution Staff is optimistic that the health plan changes implemented in 2006 will positively impact the overall claims for the City, and that will help to minimize potential increases in the renewal rate for 2007. In anticipation of additional changes that are highly probable and necessary, the Employee Insurance Committee (EIC) began reviewing options in the health insurance program for the next plan year. This process involved polling employees to get feedback on what kinds of changes were more acceptable than others. As would be expected, the bottom line is that the employees who responded would prefer that no changes be made to their health insurance benefits, or to their monthly employee premium contribution. However, if changes do need to be made to the plan design, the following is the EIC's ranking of the most acceptable plan change (1) to the least acceptable plan change (8). The approximate amount of potential savings for implementing the plan change is shown in Table 2. 1. Increase office visit co-payment 2. Charge a higher co-payment for specialist office visits 3. Increase the emergency room co-payment 4. Increase monthly employee premium 5. Increase the deductible 6. Increase the employee coinsurance percentage 7. Increase the out of pocket maximum for coinsurance 8. Increase prescription drug co-payments 4 Attachment 5 Table 2 - Summary of Possible Plan Design Changes Benefit Current Level Possible Level Savings /Revenue Office Visit Co-payment $20 $25 0.30/0 Specialist Co-payment $20 $25 0.30/0 Emergency Room Co-pay $100 $150 0.40/0 $200 0.70/0 Monthly Employee Premium: Employee Only $35.00 100/0 increase 1.450/0 Employee + Child(ren) $131.00 150/0 increase 2.140/0 Employee + Spouse $190.34 Employee + Family $229.95 Deductible $500 $750 1.80/0 $1000 3.30/0 Coinsurance 90/10 80/20 1.70/0 75/25 2.50/0 Out of Pocket Maximum $1000 $2000 0.30/0 $4000 0.50/0 Prescription Drug Deductible None $100 20/0 Prescription Drug Co-pays: Tier I $10 $20 30/0 Tier II $30 $40 Tier III $50 $60 If the minimum benefit level changes were implemented in 2007 for each of the benefits above, the estimated savings is approximately 9.800/0 to a renewal rate in 2007. The increase to the monthly employee contribution would generate an additional 1.450/0 in revenue (or approximately $155,400). However, these changes negatively impact employees by shifting significant costs to them for a second consecutive year. The City has received a preliminary renewal rate from UHC of 15.90/0, which equates to an approximate increase of $1,700,000 over the FY 05/06 projected premium amount. For purposes of this discussion, approximately 580/0 (or $986,000) of this increase would be the responsibility of the General Fund. Table 3 below illustrates the total health insurance increase for the City as a whole, as well as the General Fund portion. The table also shows how the budgeted 30/0 increase to the City's contribution, the potential increase in the employee's contribution and the potential plan changes impact this increase. 5 Attachment 5 Table 3 - Increase in Health Insurance Cost City Total General Fund Portion UHC Increase at 15.90/0 ($1,704,025) ($988,335) City Contribution Increase at 30/0 $ 266,575 $154,614 Potential Employee Contribution Increase at 100/0 $ 155,399 $ 90,131 Potential Plan Changes = 9.80/0 (see page 5) $1,050,280 $609,162 Additional Funding/Plan Changes Needed ($231,771 ) ($134,428) Given the analysis above, an additional $231,771 would have to be achieved by further increasing the employee's monthly premium and/ or making more significant reductions in plan benefits. In addition to plan design changes, the EIC members discussed a number of other ideas and options to help curb increasing health care costs for employees. These include increased health/wellness initiatives, smoking cessation program (or a direct correlation between City contribution and smoking), reviewing eligibility criteria for new employees and offering more than one plan design option to provide employees with a choice between a high deductible and low deductible plan. Wellness initiatives will be discussed later in the paper, but it should be noted that offering two different plan options would actually increase the cost to the City by 2-30/0. Typically, the entire increase is passed on to those employees who choose the low deductible plan. In times where the perception is that benefits are being taken away, adding a new choice for employees can be valuable. It is staff's recommendation that a second health plan option be offered in 2007. Until direction is received on many of the items discussed in this paper, and until we receive the final renewal number from UHC, it is difficult to determine the full scope of changes to the benefit design and/or employee contribution amount that will ultimately be necessary to meet the City's budget requirement. Another factor for consideration is the impact of the plan changes implemented in 2006. They should have a positive impact on our health claim costs. Early indications are optimistic, but it is very important to gather as many months of claims data as possible, prior to the renewal, to adequately evaluate the success of the plan changes (see Fiscal Year Plan vs. Calendar Year Plan below). While there may be room to make minor changes within the current benefit design and lower the total premium by a small percentage, the fact remains that larger issues discussed in this paper will continue to bring this back to the table for discussion in the future. 2. Fiscal Year Plan Year vs. Calendar Year Plan Year: The City's health plan year is currently based on a calendar year and runs from January until December, with Open Enrollment for benefits being conducted in October and November. Typically the City receives the health insurance renewal rate in September. Because the actual renewal rate is not known during the budget process, estimates are used to calculate the City's portion. In order to receive our renewal rate in sufficient time for the City's budgeting process, Council directed staff to move our health insurance plan year from a calendar year basis to a fiscal year basis. As discussed in the section above, given the significant changes that were made to the City's health plan design for 2006, changing our plan year in October of 2006 may limit the value that these plan design changes will have in terms of premium savings at 6 Attachment 5 plan renewal. In order to provide the City with a renewal rate in sufficient time for a 10/1/06 implementation, UHC had to calculate the renewal rate for us by the end of June 2006. Historically, the first two months of a new plan year have limited claims activity, and the claims activity that does happen is typically related to services rendered during the previous year. Additionally, claims data for any given month is not available until the 10th working day of the following month (i.e. May claims data is not available until the 10th working day of June). Therefore, UHC would be providing us a renewal quote based on claims data for five months, with only March, April and May claims data being indicative of our true plan cost. As previously noted, UHC has provided a preliminary renewal rate of 15.90/0 for an October 1,2006, implementation. In order to begin on 10/1, implementation (employee education, open enrollment, etc.) must begin immediately. Moving to a fiscal health plan year will also create challenges regarding deductibles/out-of- pocket maximums and the administration of our Section 125 Flexible Spending Accounts. There are essentially two methods of moving deductibles: a deductible carryover; or applying two separate deductibles for employees/retirees in a 12-month period. The deductible carryover would involve establishing a 9-month deductible period, from January 1 to September 30, 2006, and then allowing employees to "carryover" into the new plan year any out-of-pocket costs that went toward satisfying their deductible amount during the last few months of the deductible period. This method would impact the employees / retirees by limiting the time they have available to meet a deductible to only 9 months instead of 12. For those employees/retirees that meet their deductibles early in the year, the "benefits" of doing so would be reduced by 3 months. This method would also impact the City as allowing a deductible carryover into the next plan year would possibly increase claim dollars, which in turn could increase the renewal premium amount. As an alternative, the City could apply two separate deductible periods for the employees/retirees. One deductible would run from January 1 to September 30 and then a new deductible period would begin with the start of the plan year on October 1. For those employees/retirees that typically meet their deductible every year, this method could cost them an additional $500 per person, $1,000 per family during the transition period. It should also be noted that the same limitations and other issues discussed above would impact the individual and family out-of-pocket maximums in much the same way. Section 125 Flexible Spending accounts can be tracked on a fiscal year basis. However, this would involve administering two separate plan enrollments to transition to the new plan year. The employees would enroll and have their payroll deductions based on a 9-month period and then enroll again in October for a 12-month period. Additionally, moving the health insurance plan year to a fiscal year would also necessitate moving all benefits (dental and vision) to an October 1 effective date to allow for one open enrollment period. Similar issues with deductibles and plan year maximums will occur with these benefits as well. Safeguard, the City's current vision and dental provider, reports that since their computer systems are set up to track benefits and deductibles on a calendar year basis, switching to a fiscal year plan year would necessitate the City being set up as a "custom" plan which may result in an increased premium amount for our 7 Attachment 5 employees/retirees. Safeguard reports that they currently have only two clients with a fiscal year plan year. Finally, if the City were to implement any Consumer Driven Health Products (Health Savings Accounts or Health Reimbursement Arrangements) at some point in the future, most of these are regulated by the IRS and must be set up on a calendar year basis for tax purposes. A survey of cities in the Metroplex that we typically benchmark against indicates that two have a calendar year plan year (pIano and Carrollton) and two have a fiscal year plan year (Lewisville and Richardson). Additionally, the Cities of Bryan, Garland and North Richland Hills have calendar year plan years while the City of I<eller has a fiscal year plan year. Two cities, Grapevine and San Marcos, report a "plan year" that is neither fiscal or calendar. Based on all of the above issues, it is staff's recommendation that the City's health insurance plan year continue to run on a calendar year basis. 3. Retiree Health Benefits: While the increasing cost for medical care impacts everyone, it has hit our retirees especially hard. In past years, the retirees have absorbed the majority of the increased cost of health insurance while the City has absorbed that same cost for the employees. As the cost of health insurance benefits continues to increase, it takes an even greater portion of their income to meet their health care needs. For those living on a fixed retirement income, a significant increase in health insurance premiums has even greater impact. The following chart illustrates the increase in retiree premiums since 2001. Retiree Health Rates $1,500 $1,250 $1,000 $750 $500 $250 $0 2001 2002 2003 2004 2005 2006 Retiree Only Retiree + Child Retiree + Spouse D Retiree + Family In 2004 the City began contributing $1,000 per retiree per year toward the cost of their health insurance in an effort to ease this burden. In 2005 that amount increased to $1,250 per retiree per year. This "subsidy" is not currently funded and is paid for from the accumulated fund balance within the Insurance Fund at a cost of approximately $7,100 per month or $85,200 annually. As our retiree group continues to grow, the total cost of the subsidy also increases. 8 Attachment 5 Without the subsidy, retiree rates would increase by $104.17 per month, in addition to any rate increase for 2007. Table 2 below shows the current monthly rate for retiree health coverage; the monthly rate without the subsidy and the corresponding percentage increase that would represent; and the monthly rate for 2007, assuming a 100/0 increase with no subsidy, and the corresponding percentage increase that would represent: Table 4 - Retiree Health Premiums With and Without Subsidy Coverage Type 2006 Rate Rate w/o Subsidy 0/0 Increase 2007 Estimate 0/0 Increase Retiree Only $362,27 $466,44 28.750/0 $513,08 41.630/0 Retiree + Child(ren) $814,83 $919,00 12.780/0 $1,010,90 24.060/0 Retiree + Spouse $850,78 $954,95 12.240/0 $1,050,45 23.470/0 Retiree + Family $1,284,45 $1,388,62 8.110/0 $1,527,48 18.920/0 If the subsidy was eliminated, and rates increase by 100/0 in 2007, three of the four coverage levels for retirees would have a monthly premium cost that exceeds $1,000. If the subsidy is to be continued or increased, a funding mechanism must be developed. One method of funding is to charge the subsidy cost to the cost center or "home business unit" (HBU) where the retiree worked as part of the personal services calculator, similar to the way the City's contribution toward employee health insurance is currently budgeted. Attachment 1 shows the breakdown of our current retirees by the HBU they retired from and the estimated cost. As the Attachment shows, the Departments with the biggest financial impact would be Electric ($18,750) and Fire ($13,750). Staff recommends that the retiree subsidy be continued, and that beginning in FY 06/07, that it be budgeted as an on- going expense as discussed above. Although it will be discussed in more detail elsewhere in this paper, continuing the retiree premium subsidy and/or increasing the subsidy will impact our potential liability under a recent requirement by the Governmental Accounting Standards Board, (GASB) that requires recognition of Other Post Employment Benefits (OPEB) for governmental units. However, it should be noted that even if the City discontinued the subsidy and passed on the full cost of retiree coverage to the retiree, the City would still have a liability under GASB 45. Currently we do not separate our retiree group from our active employees in terms of our rate from UHC. We use a "blended" rate that achieves lower costs for the retirees versus being underwritten as a separate group. Under GASB 45, this is considered an "implicit rate subsidy" and will still carry OPEB liability, though less than in a true subsidized scenario. Another way to address the retiree health cost issue would be to develop a tiered rate structure based on years of service with the City of Denton and whether or not the retiree was eligible for Medicare. This approach would provide a lower monthly premium cost to those retirees who have worked the longest for the City, as well as provide a cost break for those retirees who are over 65 and have Medicare as their primary coverage. However, in order to decrease the costs for this group, those retirees with less service time with the City and those retirees who are not Medicare eligible, would have to pay a higher monthly cost. So while this approach may provide more equity among our retiree group, it would not lower the overall cost for retiree health insurance. It is the recommendation of staff that we work with our consultant to develop an equitable tiered rate structure for retirees. 9 Attachment 5 Another issue that impacts our retiree group is the current method in which we allow retirees to retain access to the City's health plan. Currently, as long as a retiree maintains some type of benefit with the City (health, vision, or dental) they have access to all benefits offered to retirees. For example, a retiree who only keeps the Retiree Only vision coverage, at a cost of $7.47 per month, would be allowed to sign up for dental and/or health benefits at some point in the future. Some of our younger retirees choose this method as a way to stay connected to our health plan without paying the monthly health premiums. This current practice creates a level of uncertainty regarding the potential size of the retiree pool, which ultimately impacts the funding ramifications for the City. Many cities allow retirees to make a one-time, irrevocable change in their benefit status upon retirement. The benefits the retiree has in place at that time are the only benefits available to them in the future. The retiree could drop coverage or drop dependents, but would not be allowed to add new coverage, unless the City offered additional benefits to retirees. If the City makes this policy change, the City needs to give the retirees who are not currently on our health plan, but who have either dental or vision coverage, the opportunity to join the health plan during open enrollment. Currently there are 28 retirees who would be eligible to pick up the health insurance at open enrollment. If all of these retirees did so, the subsidy amount discussed above would increase by approximately $35,000 in 2007. Staff recommends discontinuing the current practices regarding access to benefits by retirees. Beginning immediately for new retirees, and with the 2007 plan year for existing retirees, provide for a one-time irrevocable selection of benefits. Retirees would be able to drop coverage or dependents but would not be able to add coverage or dependents in the future. In conjunction with this change, staff will advise the current retiree base of this change and allow them the option of adding health coverage during the 2007 enrollment process. 4. Wellness Initiatives: With the continued increase in health care costs, most employers are taking a closer look at wellness initiatives. As with safety and loss control efforts that focus on preventing on-the-job injuries, employers are realizing that the only true way to save money on health care costs are to have healthy employees, since the least costly health claim is the one that never occurs. The vast majority (up to 800/0 based on some studies) of health care costs are attributable to modifiable behavior related to a person's lifestyle choices such as tobacco use, poor diet, lack of exercise and alcohol consumption. Estimates show that smoking causes over $150 billion in health related economic losses; physical inactivity accounts for almost $76.6 billion (in 2000) in direct medical costs; and obesity-related related medical costs reached $75 billion in 2003. Approximately 127 million adults in the United States are overweight, 60 million are obese and 9 million are severely obese. If the sample data obtained during the 2005 Benefits and Wellness Fair are indicative of the entire City employee base, then 46.10/0 of employees are overweight, 21.60/0 are obese, and 13.70/0 are morbidly obese. The City's Wellness Committee has been very active in 2005 and 2006 with wellness related information being communicated on a monthly basis through emails, activities and "lunch & learn" seminars. Additionally, the City recently completed a 10-week pilot program called Naturally Slim. This program is not a diet, but a lifestyle change with a proven track record of long-term success. Approximately 800/0 of participants report maintaining their weight 10 Attachment 5 loss years after they participated in the program. The program involved an application and selection process that was conducted by a nurse practitioner with Naturally Slim. The selected group of 29 employees had initial blood work performed to establish baselines and then proceeded to meet over the lunch hour, once a week for 10 weeks, with a Naturally Slim counselor. To date, the group has lost a combined total of 587 pounds, with the final "weigh in" and repeat blood work scheduled for August. Many participants have reported decreases in blood sugar levels and being taken off of one or more medications due to the weight loss. While 587 pounds is an impressive number (approximately 20 lbs lost per person) it is only the tip of the iceberg. The employees who participated in the pilot have shared information on the lifestyle changes discussed in this program with their co-workers and family members who in turn have made lifestyle changes and lost weight. This has also built excitement and anticipation within the rest of the City for additional classes. The cost of the pilot program was $10,500, in addition to the cost of the two blood draws ($2,200). UHC partnered with the City on this pilot and contributed $3,500 toward the total cost of the program. The pilot program was funded out of existing funds within in the Risk Management operating budget (Object 7816). At a total cost of $437.93 per participant (actual City cost was $317.24 per participant), it is anticipated the program will more than pay for itself in reduced medical costs and reduced absenteeism due to illness. Additionally, participants report increased productivity, increased self-confidence, and increased physical activity levels. Once the final results of the program are in, we will evaluate whether the Naturally Slim program should be offered again. If offered, additional funds should be committed to the program so that at least two classes can be offered each year. We also need to explore other options available to us such as offering a smoking cessation program. The City also needs to evaluate whether or not we should join the movement of many private sector companies and charge higher premiums to smokers or reward non-smoking and more health conscious employees/retirees with lower premiums. Staff recommends that if the final results are positive, that the Naturally Slim program be offered twice per year. Staff also recommends that the City continue its efforts toward educating employees and retirees on health care costs, increasing awareness of healthy lifestyle choices, providing wellness opportunities and evaluating wellness incentives. FUTURE ISSUES Self-funding vs. Fully-Insured: The City of Denton is currently fully-insured with regard to health benefits. While providing health benefits on a fully insured basis offers annual cost certainty and a level of protection against catastrophic health claim years, it also places limitations and restrictions on plan design and benefit structure. With proper funding, adequate stop-loss coverage and appropriate internal controls, self-funded plans may also provide a level of cost certainty while allowing more flexibility in the management of the program. 11 Attachment 5 The major distinction between a fully insured and a self-funded medical plan is who ultimately controls the plan design and bears the financial risk. Under a fully insured plan, the employer pays a fixed amount to an insurance company who in turn assumes all the financial risk or profit for that plan. Under a self-funded program the employer pays a fixed cost to a third party administrator (TP A) to pay health claims and administer the program on behalf of the employer. However, the TP A typically has no financial risk as that risk is assumed by the employer. The employer can lessen that risk by purchasing both specific and aggregate stop loss. The specific stop loss is the maximum amount ($50,000; $100,000; etc.) the employer pays for health care expenses per individual in a plan year. After that cap is exceeded, the costs become the responsibility of the reinsurer. The higher the specific stop loss the lower the monthly per employee charge for this coverage. Aggregate stop loss provides protection on the plan in totality. Like specific stop loss, the employer pays a monthly charge per employee for this coverage. The threshold on the aggregate protection is determined as a percentage (100/0; 200/0; 250/0; etc.) above the employer's annual expected total (aggregate) claims. Any claims that exceed this threshold become the responsibility of the reinsurer on a reimbursement basis up to a specified amount ($1,000,000, $5,000,000, etc.). While the City would ultimately bear the financial risk of the health plan under a self-funded arrangement, there are other, less tangible benefits to being self-funded. By being fully insured, wellness efforts and other cost savings measures do not benefit the City on a dollar for dollar basis. While these efforts may correlate to a reduction in premiums, there is no guarantee that they will or how much of these savings the City may realize. If the City were self-funded, then every claim dollar that is saved directly benefits the City. Being fully insured also limits the options available to the City in regard to plan changes, benefit structure and our ability to respond immediately to observed trends or changes within the medical market (new drugs being introduced or becoming "over-the-counter"). As a fully insured client of United Healthcare, or any other large health insurance company, our plan choices are limited to those fully insured plans that have been filed with the State of Texas. Additionally, we are limited to making "negative" changes to our drug formulary (moving a drug to a higher priced tier, discontinuing coverage for a certain drug, etc.) until the annual, open enrollment period. As a self-funded entity, we would have much greater freedom in our plan design and benefit structure, as well as the ability to adapt our design and structure (if needed) "on the fly" based on utilization or industry changes. It would also allow us to tailor our benefit structure based on our utilization patterns. Evaluations performed by our benefits consultant indicate that the City benefited from being fully insured during 2004 and 2005. However in 2006, indications are that due to the plan changes that were made, being self-funding could save the City approximately $500,000, in addition to the less tangible savings discussed above. Staff recommends that a more in depth discussion be held with the Council to establish the City's philosophy as it relates to risk tolerance for health care benefits and to discuss in more detail the pros and cons of self- funding. GASB 45: A new ruling promulgated by the Governmental Accounting Standards Board (GASB) will have an impact on the city in regards to Other Post Employment Benefits 12 Attachment 5 (OPEB). GASB 45 addresses the way governmental entities must track benefit "promises" related to medical, dental, vision, life, and disability benefits for retirees. The City of Denton must comply with GASB 45 in fiscal year 2007-08. GASB 45 will require all governmental entities to account for the liability associated with providing OPEB in a manner similar to what is required under pension plans. The City of Denton, as well as the vast majority of public sector benefit programs, currently funds this liability on a "pay-as-you-go" basis. Under GASB, the calculation of the OPEB liability will include an annual accrual for the current year's service costs as well as the amortization of any unfunded liability over a period of time, not to exceed 30 years. While nothing in the GASB ruling requires that the OPEB liability actually be funded, since the unfunded liability will have to be shown on the entities financial statements, not funding the liability can affect the entity's bond rating. One of the key provisions of GASB 45 is that for the liability to be truly "funded" it has to be designated for the sole purpose of funding future retiree benefits and cannot be accessible for any other reason. This typically involves setting up a trust and establishing a trust agreement for this purpose. As GASB 45 is relatively new, the trust mechanism and documentation are not very well defined at this time. There are also many ways to fund this liability. One way is the Annual Required Contribution (ARC) method, which allows the City to amortize the cost over up to 30 years and make annual contributions on a discounted basis. Another way would be to issue OPEB bonds (similar to Pension Obligation Bonds) or use another funding method to fund the entire cost of the accrued liability up front. An actuarial evaluation of the City's liability under these new provisions was concluded in May of 2006 and a draft of the study was reviewed on June 1, 2006. The study estimates the actuarial present value of total projected benefits for the City of Denton at $11,562,946 discounted at 40/0 or $6,052,249 discounted at 70/0. This total results in an Annual Required Contribution (ARC) of $743,281 discounted at 40/0 and $482,812 discounted at 70/0. In an effort to prepare for our future GASB liability, the City set aside $826,269 at the end of FY 04/05 for this purpose. Although not currently set aside in a "trust," once the appropriate, legally approved vehicle is established, this amount will lower our total GASB liability and reduce the ARC. Once the final report is received, the City will need to evaluate our total GASB liability and the most appropriate funding mechanism. We will also need to evaluate how the current retiree subsidy and any potential changes (increase/decrease in the amount, elimination) impact this liability. At that point a comprehensive report will be presented to City Council. Consumer Driven Health Products: Industry trends are shifting more costs to employees and retirees in terms of increased premiums, co-payments, deductibles and co-insurance percentages. Consumer Driven Health (CDH) products, such as Health Savings Accounts (HSA) and Health Reimbursement Arrangements (HRA), are gaining popularity and use. They are beginning to indicate that if used correctly, they can save employers money. 13 Attachment 5 CDH or "consumerism" have become the buzzwords in health care over the last few years. Instead of attempting to control the ~ of medical care as managed care attempted, CDH focuses on controlling the demand for medical care. CDH is designed to engage consumers and ultimately change their behavior by giving them an opportunity to maximize their health care benefits. This is accomplished by encouraging employees to become more educated consumers of their health care dollar by taking more responsibility for their health care and the costs associated with it. CDH accomplishes this by giving employees more choice regarding their health care decisions as well as requiring employees to pay a higher percentage of their medical expenses. CDH combines a medical plan (usually a high deductible health plan) with a funding instrument that can offset member expenses. This funding instrument may be funded by the employee, the employer or by both. The most common CDH products include the Health Savings Account (HSA), the Flexible Spending Account (FSA) and the Health Reimbursement Arrangement (HRA). Currently the FSA is the only CDH product that the City offers. While the use of CDH products is growing, they still only represent about 20/0 of the total market. However, they are expected to cover 240/0 of the market by the year 2010. While initial reports regarding CDH products appear to be encouraging, there is still not a lot of data about the success of these types of programs, especially in a municipal government setting where there is a greater mix of professional and field staff. It is the recommendation of staff that CDH not be implemented at this time. Staff will continue to monitor the growth of these programs and continue to evaluate the potential impact they may have on our health claims cost. POLICY RECOMMENDATIONS 1. Evaluate the cost savings realized by the City due to the plan changes made for 2006 and identify what additional plan changes will be necessary for 2007 and beyond. 2. Work with UHC and our consultant to begin offering both a high and low deductible health plan in 2007. 3. Continue to offer the employee benefits plan on a calendar year basis. 4. Continue to offer the Naturally Slim program as long as there is interest from our employees/retirees in participating in the program and we are able to show positive, tangible results. 5. Discontinue our current practice regarding access to benefits by retirees. Beginning immediately for new retirees, and with the 2007 plan year for existing retirees, provide for a one-time, irrevocable selection of benefits as a retiree. Retirees would be able to drop coverage or dependents but would not be able to add coverage. 6. If financially feasible, and supported by the Department Directors, continue the retiree subsidy of $1,250 per retiree per year and provide funding as part of the operational budgets. See Attachment 1. 14 Attachment 5 7. Work with UHC and our benefits consultant to develop a tiered rate structure for retirees based on years of service with the City and the retiree's eligibility for Medicare. 8. Evaluate the impact of GASB 45 for the City and determine the most appropriate funding strategy. 9 . Work with our benefits consultant to present a comprehensive report showing the pros and cons of moving to a self-funded health plan, including potential cost savings based on the 2006 plan changes and any projected changes for 2007. 10. Continue and enhance the efforts of Risk Management, Human Resources, the Wellness Committee, the EIC and UHC to educate employees on health costs, increase awareness in regards to healthy lifestyle choices, provide wellness opportunities to effect a positive change, and evaluate wellness incentives. 11. Continue to monitor the outcomes of Consumer Driven Health products, especially success in other Texas public entities. 15 := \D U 0 C 0 ::J N o ___ UO\ >-r-I ......., l... .- Q) U.n C E o Q) ......., u C Q) ~o ro E o ro -1--1 L.. Q)en > e 00.. E U) -1--1 o -- -I--I~ -1--1 C C Q) Q)..o E..c -1--1 . - -1--1 Em E Q) o..c u-o E~ L.. C .- ~I ::J ro'7 I \.I- Q)- ~~ a..Q) LL ::J ~-o -1--1 Q) -0 U ..c Q) Q) -1--1 U) L.. Q) ro L.. u ~ o C Q) U ~ 0 L.. ~ ~ Q) -~ en -I--Io..~Ec en aJ ::J ro -E c ~ 0 L.. __ - - L.. U en-l--l -oro 0 Q)cE Q) C enL..o U) Q) C o..:p \.I- ro -0 ro o.p ..c Q) -1--1 Q)O u-oC u -1--1 0 C Q)E C -I--I::J Q) -1--1 '7 Q) roen_\.I-_ -e ro ::J - 0.. OU) uQ)E 0.. 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OJ <C c ::J 0 -0 1.... ~ :p Ul ~2 CO OJ r-n CO -1--1 Ul C' -0 ffi 5 :p1iJ E c.. ~~..9:2 Ul '" CO c.. ~ ~ -1--1 E a.. -- Ln -- LL U,.,...-.I C ~ 5 >- -51 lOCO OJ I' U ~ co C) I ~ I C) I'~I' N C)oC) ..c C) -0 C) U N C N 1.... >- OJ ~~ ~> ~ u ~o ~ AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEP ARTMENT: Planning and Development Howard Martin, 349-8232 .. ACM: SUBJECT - SI06-0003 (Denton and Corinth City Boundary Adjustment) Receive a report, hold a discussion and give staff direction concerning adjusting the jurisdictional boundary between the City of Denton and the City of Corinth. The boundary adjustment would result in transferring 0.961 acres from the City of Denton to the City of Corinth. BACKGROUND On July 12, 2006, Adams Engineering on behalf of 777 Lakes L.P. the developer of Lake Sharon Estates in the City of Corinth submitted a formal request for a boundary adjustment to the City of Denton. The purpose of the request is to facilitate negotiations with the developer and the City of Corinth for the design and construction of Lake Sharon Drive, a proposed 4-lane divided roadway within an 84- foot wide right or way (Exhibit 2). If approved, the right of way would be entirely contained within one jurisdiction. The request for the boundary adjustment has been sent to the following departments: Real Estate, Electric, Engineering, and Legal for their review. Each of the department concluded that no negative impact would result from the boundary adjustment. Engineering is requesting that an easement be provided for future utilities serving the development to the north. Future developments to the north will have access and use of the roadway. The proposed Lake Sharon drive veers north as you travel from east to west due to the location of an existing City of Corinth pump station and Lake Sharon. The applicant and/or the City of Corinth would be responsible for the construction and maintenance of the 4-lane divided roadway, the City would have no further maintenance responsibilities. The proposed roadway will serve as the primary access to a proposed residential development west of the waterway (See Exhibit 3). Subsection 43.031 of the Texas Local Government Code provides authority of adjacent municipalities to change boundaries by agreement of areas that are less than 1,000 feet in width. The proposed boundary adjustment is approximately 54 feet in width. PRIOR ACTION/REVIEW No previous action/review. OPTIONS 1. Direct staff to proceed with boundary adjustment 2. Direct staff to proceed with the boundary adjustment with changes 3. Direct staff deny the boundary adjustment 4. Table this item EXHIBITS 1. City Limit Exhibit 2. Aerial Map 3. Letter from the Applicant Prepared by: Ron Menguita Planner III Respectf~!ly submitted: Brian Lockely, AICP Interim Director of Planning and Development ~ ! ! e !i i& ." :!! 1-. ~: it i~ :~ i~ I!:!. lO';'" _A:Ji'Ii ~i !~ l:i~ :c ..) !$ Ii Ii I; 'l;~I! 1,/0 ,..:411 'di~ i~1i Ii,,;" 'l;~ ,It :0: "!o;!~ ii=1 i! ;1"0 Jill! III ,e ;tt ~l! iil~ ti Ii if I~ ~~ 138 ri riB '41 ,!& II 8iO ~ ~ z ii~ mt: z -' ~ (.) u U :d Ii "':/i} If I !i~ i' IP' !i ~j Exhibit 1 ~ '"'" ~ ~ i l i ~ ~ ;t ~ Aeri.al.Map:. o ...0 200 400 Feet: aDo.. ;:_E:::~~ i 'S~ ...:J ~ A~ ~lI~ ~~ itI ><~~~, ~ --I ;/< Exhibit 3 _~~~I~ ..~~ ~~1111~ ~ ~~ :l -- . '\~ . -' - - i-=-_~~~. -,-- . ,- _~""'a6I ~:r; ~I [~~ lit: 'IC - .} ~ ~., I~ .. . _=. ,,' 1; . \ , ' , i, , ; , ;, . '. ; I '" _' r ,; , '_'>' ",' Ii AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: December 19,2006 Economic Development George C. Campbell ~ SUBJECT Receive a report, hold a discussion and give staff direction regarding a historic structure tax abatement policy for the Fry Street Small Area District. BACKGROUND At the September 26, 2006 City Council meeting, Council directed staff to return with a tax abatement policy similar to the current tax abatement in place for historic structures downtown. The purpose of the policy is to encourage property owners to preserve and renovate existing buildings that have historic significance. Although this document provides the same benefits as the downtown ordinance, it differs in form. The downtown abatement is actually part of the City's Code. The attached document is a policy that will need to be renewed every two years by City Council, just as we do for our general tax abatement policy. Key elements of the policy are: . The structure must have a commercial use. Residential structures are not eligible. . Eligible structures must be at least 50 years old. . Property must be located within the Fry Street Small Area Plan District. . Improvements to structures must equal or exceed 25% of the most recent assessed ad valorem tax valuation, or $20,000, whichever is less. Roof repair may constitute no more than 50% of the minimum threshold amount. . Plans for the renovation will be reviewed by the Historic Landmark Commission (HLC) to ensure historic structure guidelines are followed. The HLC will make recommendation to City Council as to the appropriateness of the project. . Benefits: 100% tax abatement on the amount of increase in ad valorem valuation from the pre-renovation valuation for a period of 10 years. . Tax abatement can transfer with ownership. . If the structure ceases to comply with the terms of the application, the abatement will be revoked for the remainder of the 10-year period. . At the discretion of Council, this abatement may be used in conjunction with Historic Landmark zoning exemptions, but the applicant must meet each tax incentive requirement separately in order to be considered for both incentives. ESTIMATED SCHEDULE OF PROJECT If directed, staff will place the policy on a future Council agenda for adoption by resolution. - 1 - PRIOR ACTION/REVIEW At their September 18, 2006 meeting, the Historic Landmark Commission recommended extending the historic significance building abatement to the Fry Street area (6-0). The Economic Development Partnership Board will review the policy at their December 18, 2006 meeting. Staff will report the Board's recommendation. FISCAL INFORMATION Properties receiving this incentive will essentially have their City ad valorem taxes frozen at the pre-renovation valuation for ten years as the incentive provides a 100% tax abatement on the increased valuation. EXHIBITS Resolution Fry Street Small Area Plan District Tax Abatement Policy Respectfully submitted: Linda Ratliff, Director Economic Development Department - 2 - S :\Our Documents\Resolutions\06\Fry Street Small Area Plan District Resolution.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ESTABLISHING A POLICY FOR TAX ABATEMENT FOR THE FRY STREET SMALL AREA PLAN DISTRICT IN THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS; AND DECLARING AN EFFECTIVE DA TE~ WHEREAS, on June 6, 2000, the City Council adopted guidelines and criteria, known as the "Policy", passing by Resolution No. R2000-028; and WHEREAS, on May 1, 2001, the City Council amended the Policy to allow waiver of the five million dollar threshold and the maximum tax abatement percentage; to define professional positions; to make other changes as set forth in the amended Policy; and WHEREAS, on August 19, 2003, the City Council amended the Policy to make additional changes in the Policy and under the provisions of the Tax Code the Policy expired on August 19, 2005; and WHEREAS, the City Council desires to promote economic development within Denton; and WHEREAS, providing tax abatement and other economic development incentives within the City and its extraterritorial jurisdiction will likely contribute to the economic development of Denton by encouraging major investment, the creation of jobs, and other economic development benefits; and WHEREAS, the City COWlcil has adopted Section 10-129 of the Code of Ordinances, which Section is incorporated herein for all purposes; and WHEREAS, the City COlUlcil deems it in the public interest to continue to be eligible for participation in tax abatement and to adopt policies, guidelines and criteria governing tax abatement agreements to be known as the Fry Street Small Area Plan District; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The polices, guidelines and criteria found in the Fry Street Small Area Plan District, attached hereto as Exhibit A and made a part of this Resolution and incorporated herein for all purposes, are in all things approved and adopted~ From and after the effective date of this Resolution, the attached Fry Street Small Area Plan District shall constitute policy guidelines and criteria governing tax abatement agreements for the City of Denton in accordance with Chapter 312 of the Tex. Tax Code. S :\Our Documents\Resolutions\06\Fry Street Small Area Plan District Resolution.doc SECTION 2.. Pursuant to Tex. Tax Code Section 312.002(c) the guidelines and criteria adopted herein shall be effective for two (2) years, during which time the guidelines may be amended or repealed by a vote of% of the members of the CounciL SECTION3~ The City Council hereby reasserts its decision to become eligible to participate in tax abatement. The City Council provides certain tax incentives applicable to business enterprises in various reinvestment zones which are established in the City, in accordance with the applicable provisions of Chapter 312 of the Tex. Tax Code and in accordance with the guidelines and criteria established in the attached Exhibit A and in the amended Policy. SECTION 4. This Resolution shall become effective immediately upon its passage and approval at the regular meeting of the City Council of the City of Denton, Texas, on the _ day of , 20_, at which meeting a quorum was present and which meeting was held in accordance with the provisions ofTex~ Gov~'t Code ~551.001, et seq. day of PASSED AND APPROVED this the 20 PERRYR~ McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~~ /' .' .'~ Page 2 of2 S :\Our Documents\Contracts\06\Fry Street Tax Abatement Policy .doc FRY STREET SMALL AREA PLAN DISTRICT TAX ABATEMENT POLICY L GENERAL PURPOSE AND OBJECTIVES The City of Denton (City) is committed to the promotion of high quality and to an ongoing improvement in the quality of life for its citizens. Historic preservation offers stable, distinct and interesting neighborhoods that add to the uniqueness of our community. The city council has found and declared as a matter of public policy that the protection, enhancement, preservation . and use of historic landmarks is a public necessity and is required in the interest of culture, prosperity, education and general welfare of the people, and has stated in city code #35.7.6 that they shall: A. Protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the city's and state's architectural, archeological, cultural, social, economic, etlmic and political history and to develop appropriate settings for such places; B. Safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations; C. Stabilize and improve property values in such locations; D. Foster civic pride in the beauty and accomplishments of the past; E. Protect and enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and industry; F. . Strengthen the economy of the city; and G. Promote the use of historic landmarks for the culture, prosperity, education, and general welfare of the people of the city and visitors of the city. It is the policy of the City that said consideration will be provided in accordance with the procedures and criteria outlined in this document. Nothing herein shall imply or suggest that the City is under any obligation to provide tax abatement to any applicant. All applicants shall be considered on a case-by-case basis. Abatements will not be considered if work on a project already has begun. Tax abatements, as described in this Policy, will be available for historic structures in the Fry Street Small Area Plan District (map-Attachment A) undergoing approved improvements as outlined in this document, except as this Policy may be limited for property described in Section 312.211 (a) of . the Texas Property Tax Code (Vemons Texas Civil Statutes Annotated, hereinafter referred to as "Tax Code.") n. mSTORIC LANDMARK COMlWSSION Requests for tax abatement shall be reviewed by the Historic Landmark Commission ("HLC"), HLC is comprised of nine members, appointed by the City Council. S:\Our Documents\Contracts\06\Fry Street Tax Abatement Policy.doc HLC serves as a recommending body to the City Council regarding whether economic development incentives should be offered in each individual case. Its recommendation shall be based upon an evaluation of information submitted in the tax abatement application and any additional information requested by HLC or presented to HLC. The Tax Abatement Application shall be substantially in the form of Exhibit A of this Policy. All meetings of HLC shall be held in compliance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. III. VALUE OF INCENTIVES The criteria outlined in the Application will be used by HLC in determining whether or not it is in the best interests of the City to recommend that tax abatement be offered to a particular project. Specific considerations will include the degree to which the individual project :furthers the goals and objectives of the community as described in the Denton Comprehensive Plan, as well as the relative impact on growth, employment, expansion of the tax base, and economic development. Properties awarded this incentive will receive 100% tax abatement on the amount of increase in ad valorem valuation from the pre-renovation valuation for a period of 10 years. All abatements are subject to final approval of the City COWlcil. Even though a project may meet the criteria as set forth in this Policy, an application may be denied at the discretion of the City. Tax abatement shall not apply to any portion of the land value of the project Criteria for eligible projects are: The buDding must be: . At least 50 years old. . Located within the Fry Street Small Plan Area District. . Improvements are to equal or exceed 25% of the most recent assessed ad valorem tax valuation or $20,000, whichever is less. Roof repair may constitute no more than 50% of minimum threshold amount. . Must comply with Property Appearance Guidelines (approved by CC by resolution in 1997). . Review Process: . Plans pre-approved by the City of Denton Historic Landmark Commission. . Verification upon completion by HLC. . City Council must approve tax abatement.. Benefits: . 100% tax abatement on the amount of increase in ad valorem valuation from the pre- renovation valuation for a period of 10 years. Page 2 of7 S :\Our Documents\Contracts\06\Fry Street Tax Abatement Policy.doc Other stipulations: . Incentive will not transfer with the property, if sold . If the structure ceases to comply with the terms of application, abatement will be revoked for the remainder of the lO-year perio.d and all previous abatements shall be paid back to the city as outlined in Sec. 10-129 of the city historic preservation code" . At the discretion of Council, this abatement may be used in conjunction with Historic Landmark zoning abatements, but the applicant must meet each tax abatement requirement separately in order to be considered for both abatements P1-eliminA~ AppliC!Ation IV. PROCEDURAL GUIDELINES Any person, organization or corporation desiring that the City consider providing tax abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be required to comply with the following procedural guidelines. Nothing within these guidelines shaD imply or suggest that the City is under any obHgation to provide tax abatement to any .ppHeant. A. Applicant shall complete the attached "Application for Tax Abatement,," B" Applicant shall prepare a map or other documents providing the following: · precise location of the property and all roadways within 500 feet of the site · existing uses and conditions of real property · proposed improvements and uses · any proposed changes in zoning · compatibility with the Denton Comprehensive Plan and applicable building codes and City ordinances. c. A complete legal description shall be provided. Applicant shall complete all forms and information detailed in the Application and submit all information to the City Manager, City of Denton, 215 E. McKinney, Denton, TX 76201.. D. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. E. The application will be distributed to the appropriate City departments for internal review and comments. Additional information may be requested as needed. F. Copies of the complete application package and staff comments will be provided to HLC. CODJlideratinn of the Ap.plirJItinn G. The HLC will consider the application at regular or called meeting(s). Additional information may be requested as needed. Page 3 of7 S :\Our Documents\Contracts\06\Fry Street Tax Abatement Policy. doc H~ The recommendation of the HLC will be forwarded, with all relevant materials, to the City CounciL I. If the City Council decides to grant a tax abatement, it shall call a public hearing to consider establishment of a tax reinvestment zone in accordance with Section 312.201 of the Tax Code. The reinvestment zone must meet one or more of the criteria of Section 312.202 of the Tax Code. J~ The City Council shall hold a public hearing and detennine whether the project is "feasible and practical and would be of benefit to the land to be included within the zone and City after the expiration of the tax abatement agreement in accordance with Section 312.201." Special consideration shall be given to policies noted in the Denton Comprehensive Plan when designating a tax reinvestment zone. K. The City Council may consider adoption of an ordinance designating the area described in the legal description of the proposed project as a commercial/industrial tax abatement zone. L~ The City COlUlcil may consider adoption of an ordinance or resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the commitments of the applicant, including all the terms required by Section 312.205 of the Tax Code and such other terms and conditions as the City Council may require. Should the commitments subsequently not be satisfied, the tax abatement shall be null and void (unless the tax abatement agreement provides for a recapture of the property tax revenue lost proportionate to a partial failure to meet the minimum tlrresholds set forth in the agreement) and all abated taxes shall be paid immediately to the City of Denton and all other taxing jurisdictions participating in the tax abatement agreement. Provisions to this effect shall be incorporated into the agreement. M~ The City reserves the sole discretion to enter into tax abatement agreements as set forth in the guidelines of this Policy, consistent with the requirements of the Tax Code" AnnUAl EVAlUAtion Upon completion of construction, the City Council shall receive from the City Manager an annual evaluation of each abatement to insure cOmpliance with the agreement and to report possible violations of the agreement to the taxing entities. After new tax base numbers are received in July of each year, the City Manager and his staff will have ninety (90) days to review and prepare a breakdown of those figures~ Page 4 of7 S :\Our Documents\Contracts\06\Fry Street Tax Abatement Policy.doc City of Denton Tax Abatement Application City of Denton Department of Downtown Development Denton, Texas 76201 (940) 349-7732 (940) 349-7206 FAX www.cityofdenton.com JuIie. glover@cityofdenton.com Page 5 of7 S :\Our Documents\Contracts\06\Fry Street Tax Abatement Policy.doc Application for Historic Structure Property Tax Abatement Fry Street SmaU Area Plan District From the City of DentoD, Texas Property Address Legal Description Owner( s) Mailing Address Phone and Email Date of original construction of building Tax Valuation (effective prior to start date of rehabilitation project) Start date of rehabilitation Estimated completion date ............................................................................... I certify that I am the legal owner of the aforementioned property. . I attest that the information listed above is true and complete to the best of my knowledge~ I attest that this property meets the eligibility requirements for an abatement of taxes as provided for by the City of Denton, as follows: 1~ The property is located within the boundaries of the Fry Street Small Area Plan District; 2.. The property is at least 50 years old; 3~ The estimated cost of the rehabilitation project will equal or exceed 25% of the most recent assessed ad valorem tax valuation of the structure or $20,000, whichever is less. Roofrepair or replacement may comprise no more than 50% of the minimum threshold amount necessary to qualify for tax abatement; 4.. A tax certificate showing that all taxes due upon the property have been paid is attached to this application; 5~ A proposal listing all aspects of the planned rehabilitation will be submitted to the Historic Preservation Officer for review by Denton Historic Landmark Commission for compatibility with the Property Appearance Guidelines~ I will submit an agreement for a Certificate of Appropriateness for any exterior modifications to the property for the duration of the period during which the tax abatement is in effect; Page 6 of? S :\Our Documents\Contracts\06\Fry Street Tax Abatement Policy .doc 6~ I authorize the City Manager or designee, Historic Landmark Commissioners and elected officials to visit and inspect the property as needed to complete this application and certification process as set forth in the ordinance.. Signature of property owner(s) Date Notarized By Page 7 of7 -Ji.- :- fQ" ......................~.:.:....... ,.........................................................................................................................................................................................................................................................................................................................................................................................................................................................~.......~.......~.....................................................................~ ,.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ............................................................................................... AGENDA INFORMATION SHEET AGENDA DATE: December 19, 2006 DEPARTMENT: Human Resources ACM/CM: George C. Campbell ~ SUBJECT Receive a report, hold a discussion, and give direction regarding the recruitment and selection of the Internal Auditor position. The Council reserves the right to convene into closed session under Section 551.074 of the Texas Government Code to deliberate the employment, evaluation, and duties of an Internal Auditor. BACKGROUND The charter election held on November 7, 2006, included an amendment to establish the Internal Auditor position as a direct report to the City Council, which the citizens approved. At the request of the Mayor, the CAPR committee met to discuss the duties, responsibilities, and qualifications for the position. Based on this discussion, the attached job description was drafted for Council review and approval. The CAPR Committee is recommending that a search process be conducted to fill the newly created Council appointed Internal Auditor position. However, direction is needed from the entire Council. PRIOR ACTION/REVIEW There has been no prior action or review. FISCAL INFORMATION There will be a fiscal impact associated with a search process; however, the amount will depend on the direction from Council. For example, if the Council decides to use a search firm, costs could possibly range from $15,000 - $30,000. Without a search firm, some advertising cost will be incurred. Attachment: Internal Auditor Job Description Respectfully submitted: ~ 1< - . .~~Jl _ - i'r. _ <.'.. 'H Carla J. Romine-Haggmark Director of Human Resources DRAFT City of Denton Job Description Effective Date: Revision Date: Job Code: cc Appointed Market Band: FLSA Designation: Exempt 12/19/2006 Title: Internal Auditor Department/Division: General Government / Internal Audit Reports to: City Council Definition: Responsible for providing an independent appraisal of City operations to ensure policies and procedures are in place, information is accurate and reliable, assets are properly recorded and safeguarded, risks are identified and minimized, resources are used economically and efficiently, and the City's objectives are being achieved. The Internal Auditor is responsible for directing all internal audit functions for the City of Denton, through subordinate staff, to eliminate waste, fraud and abuse. The Internal Auditor is appointed by the City Council and reports to the City Council. Essential Job Functions: The position will have two distinct roles: . The first role will be of a financial, internal control and compliance auditing nature, for which all results are reported directly to the City Councilor Audit/Finance Committee. . The second role will include management requests for reviews related to the operations and performance of the organization and its programs, for which the results are reported directly to the City Manager and the appropriate members of management. This distinction is made to allow the organization to improve its operations and programs, utilizing the internal auditor's expertise in process improvement. Financial, Internal Control and Compliance Auditing Functions 'Y Develops an annual and 5-year internal audit plan based on the needs of the organization and risk assessment. 'Y Conducts compliance audits to ensure the City is operating within federal, state, and local regulations; in accordance with City policies; and in accordance to third party contracts. 'Y Reviews and analyzes quarterly financial statements presented by Finance personnel. 'Y Conducts financial, internal control and compliance audits, or special reviews, as requested by the City Manager or City Council. 'Y Presents formal reports to the City Councilor Audit/Finance Committee including the findings, results, and recommendations of the audits performed. 'Y Tracks and provides follow-up or implementation feedback on prior audit recommendations. 'Y Coordinates, in cooperation with the Chief Financial Officer, the Audit/Finance Committee information including the agenda, document presentation, and meeting minutes. 'Y Prepares and administers the Internal Audit organizational reports such as the Internal Audit annual budget, performance report, 5-year and annual internal audit plan, and monitors expenditures. Internal Auditor - General Govt - Internal Audit (DL0030).doc Page 2 of 3 Operations and Performance Review Functions 'Y Develops and implements an annual internal audit program to aid City management in evaluating the effectiveness and efficiency of City operations, as well as the effectiveness of operational internal controls. 'Y Conducts operational and performance reviews to evaluate operational effectiveness and efficiency as well as the adequacy of the related internal controls, as requested by the City Manager. 'Y Provides management with reports including the findings and related recommendations on the reviews performed. 'Y Performs special reviews or projects requested by the City Manager, where the use of internal audit expertise would prove beneficial to the organization. 'Y Facilitates operational self-assessment teams to assist City departments improve operations. 'Y Reviews contracts with third parties, when necessary, to ensure the financial interest of the City and administrative capabilities are adequately addressed. 'Y Obtains management buy-in on recommendations to assure implementation. 'Y Tracks and provides follow-up or implementation feedback to the City Manager. Additional Duties: 'Y Performs other duties as assigned. Physical Requirements: Overall Strength Demands: The following describes the overall strength demand of the functions performed by the incumbent during a typical workday. ~ Sedentary D Lig ht D Medium D Heavy D Very Heavy Physical Demand Codes: The following describes if the incumbent is expected to exert the following physical demands during a typical workday and the overall frequency. Codes for "how often": y = Yes E = extensive (100-700/0) N = No M = moderate (60-300/0 ) I = infrequent (20-100/0 ) A = almost never (<100/0) Task Code Task Code Task Code Task Code 1, Standing A 6, Pushing/Pulling A 11, Crawling A 16, Vision Y 2, Sitting M 7, Overhead Work A 12, Bending A 17, Hearing Y 3, Walking M 8, Fine Dexterity M 13, Twisting A 18, Talking Y 4, Lifting A 9, Kneeling A 14, Climbing A 19, Video Display Y 5, Carrying A 10, Crouching A 15, Balancing N 20, Other Machines, Tools, Equipment and Work Aids: The essential functions of this position require the daily use of a computer and telephone. Internal Auditor - General Govt - Internal Audit (DL0030).doc Page 3 of 3 Environmental Factors: The essential functions of this position are performed in an office environment and occasional site visits to different departments. Minimum Qualifications: 'Y Master's degree in an area of specialization directly related. 'Y Two years experience in internal or external audit, preferably in local government. Acceptable Equivalency: 'Y Bachelor's degree in an area of specialization directly related. 'Y Four years experience in internal or external audit, preferably in local government. OR 'Y Any combination of education, experience, and/or certifications that will provide the necessary knowledge and skills to be an effective Internal Auditor. Conditions of Employment: 'Y Must have excellent analytical skills and verbal and written communication skills in order to perform audits and write/present audit reports to City Council, Audit/Finance Committee, and management. 'Y Must have a valid Class "C" Driver's License prior to employment. 'Y Must pass a drug test, driver's license check, criminal history background check, and credit check. Preferences: 'Y Certified Internal Auditor. 'Y Strong background in financial analysis and auditing. 'Y Proficient in Microsoft Office products including Word, PowerPoint, Excel, and Access. 'Y Proficient in data analysis software such as ACL. 'Y Familiar with flowcharting software. 'Y Bilingual in Spanish and English. This job description is not an employment agreement, contract agreement, or contract. Management has exclusive right to alter this job description at any time without notice. AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 .. SUBJECT Consider adoption of an Ordinance approving a Right-Of-Way Abandonment Agreement between the City of Denton, Wheeler Ranch Ltd., and Centex Homes, for the abandonment of a portion of Nowlin Road located between Saddleback Drive and the proposed F.M. 2499, Being a Portion of Roadway adjacent to Wheeler Ridge, Phases Two, and Four, Additions to the City of Denton, Texas, authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date. BACKGROUND The affected property owners have requested that the City of Denton abandon its street right-of-way interests in order to further facilitate development in relation to the Wheeler Ridge Phase IV Final Plat. The Wheeler Ridge Detailed Plan was approved in February of 2003 by City Council. Construction began on the first phase, which is situated along Robinson Road that same year. Upon completion of that phase, subsequent phases began for a total of four phases. To date Wheeler Ridge is in its fourth and final phase of development. The subject abandonment areas are housekeeping issues supporting the roadway and street connectivity components contained in the approved final plats of the overall Wheeler Ridge development City Council approved the abandonment of the first phase of the Nowlin Road between Teasley Lane and Saddleback Drive in July 2006. This phase II section of Nowlin Road is the final abandonment action necessary to accommodate and support development within the area. Staff performs an analysis on requests for right-of-way and easement abandonment as follows: · Is the property tract requested for abandonment considered "excess right-of-way"? · Does the property tract requested for abandonment have a continued public use? · Is it in the best interest of the general public to abandon the government's rights in the subject abandonment tract? · Would the granting of this request establish a precedent for right-of-way abandonment for future requests? Staff findings on this analysis are as follows: 1. The right-of-way tract requested fits the criteria of excess right-of-way. Excess right-of-way is defined as: Property acquired or used by the City for right-of-way and subsequently declared excess (not needed for the project, road or streetscape). Centex has established connectivity in the area as part of their internal roadway system within their final plats of the Wheeler Ridge Development. 2. This abandonment is subject to the existing utilities. It is the property owner's responsibility to relocate these utilities if needed as part of their development activities. 3. The abandonment is in the public interest because the public does not need the areas identified for subject abandonment; there are no near or long-term plans for a public street connection capital project at this location. The street systems within the Wheeler Ridge subdivision have replaced the need for Nowlin Road. 4. This abandonment would not set a precedent because the above three standards have been met. OPTIONS 1. Approve the ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED PROJECT SCHEDULE Spring 2007 PRIOR ACTION/REVIEW Development Review Committee Approval June 2006 FISCAL INFORMATION Application Fees $100.00 Processing Fees $750.00 EXHIBITS ~ 1. Location map 2. Draft Ordinance 3. Right-of-Way Abandonment Agreement R~esp~~tfullY~SUbmitted: . . . . .. .. .."". .". .. . . . . . . . .. . ... .. . ... .. . .. ..... .. .. .. . .. .... . . . . . ... . . ... . . . . .. . . ... .. .......... . . . . Jim Coulter, Director Utilities Department Prepared by: ~..: :".:. ~:.. I~ :- -:--..'; .. u;...~:" I.. .: ,~<.. {-iil:::: ~,~~:~~:~.lIJ ......~ .-..~~.J~W~.~~' .I.~.... Pamela England Real Estate & Capital Support 2 Exhibit 1 S:\OUf Documents\Ordinances\06\Nowlin Road ROW Abandonment Agreement Ordinance.doc ORDINANCE NO. AN ORDINANCE APPROVING A RIGHT-OF-WAY ABANDONMENT AGREEMENT BETWEEN THE CITY OF DENTON, WHEELER RANCH LTD~, AND CENTEX HOMES, FOR THE ABANDONMENT OF A PORTION OF NOWLIN ROAD LOCATED BETWEEN SADDLEBACK DRIVE AND THE PROPOSED F.M. 2499, BEING A PORTION OF ROADWAY ADJACENT TO WHEELER RIDGE, PHASES TWO~ AND FOUR, ADDITIONS TO THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DENTON; AND DECLARING AN EFFECTIVE DATE.. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1 ~ The Right-of-Way Abandonment Agreement between the City of Denton, Wheeler Ranch Ltd~, and Centex Homes in substantially the form of the agreement attached hereto and made part of the ordinance for all purposes (the "Agreement") is hereby approved. SECTION 2. The City Manager or his designee is hereby authorized to execute the Agreement and any other documents necessary to complete the abandonment on behalf of the City. 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: EDWINM. SNYDER, CITY ATTO BY:~"- Exhibit 2 RIGHT-Of-WAY ABANDONMENT AGREEMENT THIS RIGHT-Of-WAY ABANDONMENT AGREEMENT (this UAgreement") is entered into effective as of the date set forth below, by and betvveen the City of Denton, Texas, a home rule municipal corporation (the "City"), Wheeler Ranch, Ltd., a Texas limited partnership (IlWheeler Ranch"), and Centex Homes, a Nevada general partnership (IICentex") (Wheeler Ranch and Centex are collectively referred to herein as the "Landowners"; and are sometimes individually referred to herein as a nLandownerll). WHEREAS, Centex is the developer of Wheeler Ridge Phases One, Two, Three and Four, additions to the City of Denton/ Texas (collectively, the "Development"); and WHEREAS, Centex has requested that the City abandon a portion of Nowlin Road betvveen Saddleback Drive and proposed F.M. 2499 (l1Proposed F.M. 2499") located on the real property as more particularly described on Exhibit "A", illustrated on Exhibit 'B", and also depicted and labeled as Tract 1 on Exhibit "E", all of which are attached hereto and made a part hereof by reference (the "Centex Abandonment Area"); and WHEREAS/ Wheeler Ranch has requested that the City abandon a portion of Nowlin Road between Saddleback Drive and Proposed F.M. 2499 located on the real property as more particularly described in Exhibit "C", illustrated on Exhibit "0", and also depicted and labeled as Tract 2 on Exhibit "Ell, all of which are attached hereto and made a part hereof by reference (the "Wheeler Ranch Abandonl!lent Areall); and WHEREAS, Centex is the abutting and underlying fee owner of the _ Centex Abandonment Area; and WHEREAS, Wheeler Ranch is the abutting and underlying fee owner of the" Wheeler Ranch Abandonment Area (the Centex Abandonment Area and the Wheeler Ranch Abandonment Area are collectively referred to herein as the "Abandonment Area"); and WHEREAS, subject to the terms of this Agreement,. the City has agreed to (i) abandon the portion of Nowlin Road located within the Abandonment Area (the "Existing Right-of-Wayll)/ (ii) deliyer a quitclaim deed quitclaiming all of the City's right, title and interest in and to the Centex Abandonment Area to Centex (the I1Centex Quitclaim Deed"); and (iii) deliver a quitclaim deed quitclaiming all of the City's right, title and interest in and to the Wheeler Ranch Abandonment Area to Wheeler Ranch (the "Wheeler Ranch Quitclaim Deed"); and WH EREAS, Centex (i) has constructed, at its expense, and the City has accepted, a replacement road system within the Development, and (ii) will construct, at its expense, the Temporary Road (as hereinafter defined) (collectively, the "Replacement Road System"), which removes the need for the Existing Right-of-Way and the Abandonment Area; and the value of the Replacement Road System exceeds the value of the Existing Right-af-Way and the Abandonment Area. 1 u: \land\single.fam i Iy\ whee1er ridge \abandonment\city a pproved\caapprovednowl in road row abandonment agreement v3.doc Exhibit 3 NOW, THEREFORE, for and in consideration of the mutual covenants contained herein/ the City and the Landowners hereby agree as follows: 1. The City shall abandon the Existing Right-af-Way and the Abandonment Area upon (i) Centex's completion of the construction of a temporary road within the Temporary Access Easement Property (as hereinafter defined) and a portion of the Dedicated Property (as hereinafter defined) as generally depicted and labeled as the Temporary Road (herein so called) on Exhibit liEn attached hereto, which Temporary Road provides connectivity from Highpoint Drive to the remaining portion of Nowlin Road as shown on Exhibit nEII (the "Work"); and (ii) the City's acceptance of the Work (the I1Cityrs Acceptancell). Upon the City's Acceptance/ the City Manager, or his designee is authorized to execute and deliver the Centex Quitclaim Deed to Centex and the Wheeler Ranch Quitclaim Deed to Wheeler Ranch, evidencing the abandonment of the Existing Right-af-Way and the Abandonment Area. 2. Upon the Cityls Acceptance, Centex hereby agrees to grant to the City, a temporary access easement (in the form attached hereto as Exhibit "Fl1) in/ over and across the real property described in Exhibit nGn attached hereto (the l1Temporary Access Easement Property"). 3. The City acknowledges that Centex has de"dicated right-of-way for Proposed F.M. 2499 (the "Dedicated Propertyll) pursuant to the plat for Wheeler Ridge Phase Four/ recorded in.~ Cabinet W, Slide 677 of the Plat Records of Denton County, Texas. 4. Centex, at its sole cost and expense, shall perform the Work or cause the Work to be performed in a good and workmanlike manner in conformance with sound and generally accepted engineering and construction activity practices. In performing the Work or causing the Work to be performed, Centex shall at all times use the Existing Right-of-Way, and construct the Replacement Road System, in full compliance with all applicable federal, state, municipal, or other laws, statutes, codesl restrictions, regulations, ordinances and orders. 5. Any existing publiC utilities will remain in the Abandonment Area, except the City will permit their relocation, at the sole expense of the applicable Landowner, as long as the applicable Landowner grants a utility easement(s) (in a form and substance reasonably acceptable to the City and the applicable Landowner) inl over and across the real property upon which the applicable public utility has been " relocated. 6. Centex is responsible for the removal of the asphalt, curb, and gutter from the Abandonment Area (the IIRemovalll). Centex will use commercially reasonable efforts to protect all public utilities during the Removal. 2 u: \Iand\si ngle- fami Iy\wheeler ridge\abandonment\city a pproved\caapprovednowlin road row abandonment ag reement v3.doc IN WITNESS WHEREOF, this Agreement has been executed by the parties on the respective dates set forth below, to be effective the day of , 2006. CENTEX HOMES a Nevada general partnership WHEELER RANCH, LTD. a Texas limited partnership By: Centex Real Estate Corporation a Nevada corporation Its: managing general partner . By: Eastern Development No.1, Inc. a Texas corporation Its: general By: By: Steven H. agee Its: Vice President of Land Dallas/Fort Worth Me Division Date: Ak (/t.Jt'tha 7tl, 'lILt) f2 / Its: Date: ! ( 2z-nb CITY OF DENTON BY: George Campbell, City Manager Date: ATTEST: BY: JENNIFER WALTERS, CITY SECRETARY BY: I CITY ATTORNEY 3 u: \Iand\si ng'e-famiry\ wheeler ridge \abandonment\city approved\caapprovednowli n road row abandonment agreement v3. doc EXHIBIT "A" METES & BOUNDS DESCRIPTION NOWLIN ROAD R.O.W. ABANDONMENT BEING a O~292 acre tract of land located in the Beny Merchant Survey, Abstract No. 800, City of Denton, Denton County, Texas, being a portion of Wheeler Ridge Phase 1bree, an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Cabinet V, Pages 991-993, and as Amended in Cabinet W~ Pages 538-540, of the Plat Records, Denton County, Texas, and being a portion of called 253.926 acre tract of land described in the Special Warranty Deed to Centex Homes, a Nevada general partnership, filed for record in Volume 5105, Page 37 S3, of the Deed Records, Denton County, Texas, said 0.292 acre right-of-way abandonment being more particularly described as follows: COMl\.fENCING at the Southernmost comer of Lot 104, Block D, of said Wheeler Ridge Phase Three, common to the Westernmost comer of Let 105, Block D, and being on the Northeast right- of-way line of Saddle back Drive, a 50.00~ right-of-way; THENCE South 41 degrees 28 minutes 40 seconds East, along said Northeast right-of-way line, a distance of 60.21 feet, to the POIl'IT OF BEGINNING for the herein described 0.292 acre tract of land; THENCE South 89 degrees 59 minutes 07 seconds East, departing said Northeast right-of-way line, and over and across said Centex Homes tract, a distance of 220.64 feet, to a point for comer; THENCE South 41 degrees 28 minutes 40 seconds East, a distance of 6.61 feet, to a point for comer; THENCE South 48 degrees 31 minutes 15 seconds West, a distance of 4.60 feet, to a point for corner; THENCE South 89 degrees 59 minutes 07 seconds East, a distance of 631.44 feet, to a point for comer, said point being the proposed Northeast comer of Lot 38X, Block T (HOA Common Area), and the Northwest comer of proposed FM 2499, a 120.00' right-of-way, of future Wheeler Ridge Phase Four, and being the beginning of a non-tangent curve to the left having a radius of 1,260.00 feet; . . THENCE along said curve to the left, in a Southerly directio~ and along the West right-of-way line of said FM 2499 ~ through a central angle of 00 degrees 32 minutes 44 seconds, an arc length of 12.00 feet, and having a long chord which bears South 00 degrees 16 minutes 30 seconds West, a chord length of 12.00 feet, to a point for comer; THENCE North 89 degrees 59 minutes 07 seconds West, over and across said Centex Homes tract, and future Wheeler Ridge Phase Four, a distance of 887.79 feet, to a point for comer in Saddleback Drive, a 50.00' right-of-way; THENCE Due North, a distance of 20.00 fe~ to a point for comer; THEN CE South 89 degrees S9 minutes 07 seconds East, a distance of 34.84 feet, to the POINT OF BEGINNING and containing 0.292 acres (12,716 square feet) of land. ~d Exhibit "B" dated J Merle W. Mill Registered Professional Land Surveyor 5438 State of Texas ~. EXHIBIT tlB" R. o~ w: ABANDONMENT LDCA TEO IN THE BERRY MERCHAN T SURYf~ ABSTRACT NO. 800 CITY OF DENTON, DENTON COUNTY. 7EXAS. 35 ~, 1 9.J \ :26 94- 2~ ~ 9S Z4 tX 97 COMWN AREA 98 CD p~ 99 Dfi.IlOIiJ'ION J..5 J4 33 32 50 $1 75 '14 7J LOT 77X SURVEYOR'S erR nFlCA nON I, Merle W. Miller, Registered Professional Land Surveyor~ hereby state that this exhibit was made from an actual on th e groun d survey by me or under my direct supervision. M~ler(k ;0. Registered Professlonaf Land Surveyor No. 5438 State of Texas 2006 NOTES 1). THE BASIS OF BEARING FOR THIS EXHIBIT IS... mE EAST RIGHT-OF-WAY LINE OF TE:ASLEY LANE AS SHOWN ON THE FINAL PLA T OF WHEELER RIDGE PHASE THREE~ RECORDED IN CAB. ~ SLIDES 991-993. OF THE PLA T RECORDS OF DeNTON COUNTY, 7EXAS (BEING N02 -05'56 .W). 2). S~~ LEGAL DESCRIPT10N EXHIBIT .A.~ DATED 06/20/06 DETAIL -A- I4HEElER RANa-I L m~ / CC NO. 99-ROO20100 C).R.D. C. T. S~f DETAIL · A" . It Q tv. ABANDONItIENT 0.292 ACRES (12, 716 so.n:.) 589'S9'O/'E 6.31.4-f,' ~ o O)~ ~~ ;i ~~ ~ ~ ~ L1 L2 LJ L4 L5 20 CURVE TABLE · C1 L = 12.DO' R =1260.00. Lt ~OO".J2~44. CH- S001 6 ~30.W 12.00' LEGEND & ABBREVIA. TIONS VOL. VOLUME pc. PACE CAB. CABINET SLDS. SLIDES R.O.W: RIGHT-OF-WAY C.I.R.S. CAPPED IRON ROD SET STAMPED -MYCOSKIE MCINNIS. IRON ROO FOUND POINT OF BEGINNING PLA T RECORDS. DENTON COUNTY, 1f:XAS DEED RECORDS DENTON COUNn'. TEXAS mlmla .. UNE TABLf * $41 ~8' 40~E 60.21 ' S41~B'40.E 6.67' 548.31 '15.W 4.60' DUE NOR TH 20. OO~ SB9-S9 ~o 7"E 34.84 ' I. R. F. P. O. B. P.R.D.C. T. D.R.D.C. T. mycoskie+mcinnis+associates civil en.glnee ring survey! ng landscape archnectu re planning 200 eaet abrGm orllnqtont texas 76010 817-469-1671 fax: 817-274-8757 .... m m CI tel a I. com DATE: 06/20/06 SCAlI: ,. .. 200# DRAWN BY: ~ CHECKED BY:~ JOB. NO.: 19J5-.]-1 EXHIBIT "C" :METES & BOUNDS DESCRIPTION NOWLIN ROAD RlGHT-OF-WAY ABANDONMENT BEING a 0.115 acre tract of land located in the Berry Merchant Survey, Abstract No. 800, City of Denton, Denton County, Texas, being a portion of the remainder of a called 167.477 acre tract of land as described in the Special Warranty Deed to Wheeler Ranch, Ltd., a Texas limited partnership, filed for record in County Clerk Document No. 99-R0020100, of the Deed Records of Denton County, Texas; said 0.115 acre right-of-way abandonment being more particularly described by metes and bounds as follows: CO:M1\1ENCING at the Southernmost comer of Lot 104, Block D, of Amended Wheeler Ridge Phase Three~ an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Cabinet W, Pages 538-540, of the Plat Records, Denton County, Texas, common to the Westernmost corner of Lot 105, Block D, and being on the Northeast right..cf-way line of Saddleback Drive, a 50.00' right-of-way; THENCE South 41 degrees 28 minutes 40 seconds East, along said Northeast right-of-way line, a distance of60.21 fee4 to a point for comer; THENCE South 89 degrees 59 minutes 07 seconds East; departing said Northeast right-of-way line, and over and across the remainder of a called 253.926 acre tract of land as described in Special Warranty Deed to Centex Homes, a Nevada general partnership, filed for record in Volume 5105, Page 3753, said Deed Records, a distance of 220.64 feet, to the POINT OF BEGINNING for the herein described 0.115 acre tract of land; THENCE South 89 degrees 59 minutes 07 seconds East, over and across said Wheeler Ranch remainder tract, a distance of 632.47 feet, to a point for comer, and being the beginning of a non- tangent curve to the left having a radius of 1,260.00 feet; THENCE along said curve to the left, in a Southerly direction, and along the West right-of-way line of said FM 2499, through a central angle of 00 degrees 21 minutes 49 seconds, an arc length of 8.00 feet, and having a long chord which bears South 00 degrees 43 minutes 47 seconds West, a chord length of 8.00 feet, to a point for comer, and being the proposed Northeast corner of Lot 38X, Block T (BOA Common Area), and the Northwest comer of proposed FM 2499, a 120.00' right-of-way, also being on the North line of said future Wheeler Ridge Phase Four; THENCE North 89 degrees 59 minutes 07 seconds West, along said North line, a distance of 631.44 feet, to a point for comer on the Southeast line of a 100' T.P.& L~ easement, filed for record in Volume 373, Page 246, of said Deed Records, and being the Northernmost comer of Lot 3, Block T, of said future Wheeler Ridge Phase Four; THENCE North 48 degrees 31 minutes IS seconds ~ along said Southeast line, a distance of 4.60 feet, to a point for comer; THENCE North 41 degrees 28 minutes 40 seconds West, departing said Southeast line, a distance of 6.61 feet, to the POINT OF BEGINNING and containing 0.115 acres (5,040 square feet) of land. ~ed Exhibit "D" dated.Jt, 2006 Merle W. M& Date: 06/27/06 Registered Professional Land Surveyor 5438 State of Texas ~ EXHIBIT "Dtt RIGHT-OF-WAY ABANDONMENT LOCA TED IN THE 8ERR Y MERCHAN T SURVf"l': ABSTRACT NO. 800 CITY OF DENTON, DENTON COUNTY, TEXAS. ~f 93 94 ~ 95 ~ IX 97 COMMON AREA. 98 0 PAFiI'( 99 ~rll)P( 28 25 24 DETAIL · A · KHEELER RANCH L 7D~ CC NO. 99-ROO20100 D.R. D. C. 1. R.QtK ~ 0. 115 ACRES (5~040 SO.Fl) S89~9.07"E 632.47' SURVEYOR.S CER TIF1eA TlON I, Merle w: MiJler, R6gistered Profession 01 Land Surveyor, htJreb y state that this exhibit wos made from on oc tual on the ground survey by me or under my direct supervision. ~~~:e~06 R~gistered Professional Land Surveyor No. 5438 State of Texas NOTES lJ THE BASIS OF BEARING FOR THIS EXHIBIT IS mE EAST RIGHT-OF-WAY LINE OF TEASLEY LANE AS SHOWN ON THE AMENDED PLA T OF WHEELER RIDGE PHASE mREE~ RECORDED IN CAB. ~ SLIDES 538-540. OF THE PLA T RECORDS OF DENTON COUNTY, TEXAS (BEING N02U5 ~56 .w). \ 20 \ * CUR~ TAB~ · Cl L =8.00. R =1260.00' .t1 =00-:21 '49M CH= 500.43'4 7.W B.OO' LEGEND & ABBREVIATIONS VOL. VOLUME PG~ PAGE CAB. CABINET PGS. PAGES R& o. K-: RIGH T -OF - WA Y C~/.R.S. CAPPED IRON ROD SET STAMPED -MYCOSKIE MCINNIS. IRON ROD FOUND POINT OF BEGINNING PLA T RECORDS, DENTON COUNTY: TEXAS DEED RECORDS DENTON COUNTY. TEXAS PROPER TY LINE mlmla \ L1 L2 L.J * UNr TABLE · S4128.40-E 60.21. N48.JI ~1 S.E 4.60' N417B.40.W 6.61' f. R~F. P. 0.8. P.R.D. C. T. D.R.D. c~ T. P~L. mycoskie+mcinnis+associates dvU engJneerlng aurveylng landscape architectu re ptannlng 200 last -abram 2). SEE LEGAL D~CRIPnON EXHIBI T .C., DA TED 06/27/06 a r I I n g ton. t. J( a I 7 6 0 t 0 817-469-1671 fox: 817-27.-8757 DATE: 06/27/06 SCAlE: ,. - 200" DRAWN BY: J.P.J. MCKEO BY: AI. w,M. JOB. NO.: '9J5-4-1 w w w . m mat e x a I . com .C\tMCIIlII (7" .. ~ t fiII,.~At#fE ~ ~f _. , ALl!II 'p-,," M:IIIt ~ ~M:l;. .. ' -- QIOIU.It.S' . K1. JI..IIl no. ~ L - ~ t.L.G · ~ - ~ - .~.,' "__----.~~.-_:__.._..I _~E~~- . · ~-.=:..---~------------------~~TEASLEY LANE (FM 2181)------------ t!IIjJ.aI M# fII .......~a. . .~~~ 1--.---~--------.=: I ..__....~.........-.,,----...--.~r--...--r--...,-~I--... ....---r~---!Jx__. . ( i: ;:; , ~ , i ~ ::: ::: ~ . ~ \ l=:. \; 0 \ ~ =~ ~Jl ~ it \ ~ t!i~ ~ :; Qt, t;: tb t= l , ~~ @~ c; ~- tJ:r z=S1-- . , to@ \ 3lr" ~ r;; I ~ , ~ ~ ""( ~ \ ~ t \ ~ t ~ ~ ~ eM ~;I ~U i:l 21 :KJ 19 UI' f) ~ Ii ~ Ii · II ~ d~ II ~ .; WHEELER RIDGE PHASE 4 NOWLIN ROAD ABANDONMENT EXHIBIT nE" EXHIBIT "Fit After recordina. return to: Centex Homes 1603 LB] Freeway, Su ite 700 Da lias, Texas 75234 Attention: Linda Sig ner TEMPORARY ACCESS EASEMENT This Temporary Access Easement (this "Easement") is made by and betvveen the City of Denton, Texas, a home rule municipal corporation ("Grantee"), and Centex Homes, a Nevada general partnership ['Grantor"). RECITALS A. Grantee and Grantor have entered into that certain Right-of-Way Abandonment Agreement effective as of , 2006 (the "Agreement'). B. Pursuant to the Agreement, Grantor now grants to Grantee a non-exclusive temporary easement over the real property described on attached Exhibit A and depicted on attached Exhibit B (the "Easement Prooertv''). NOW, THEREFORE, in consideration of the foregoing and of the promises/ covenants and agreements herein contained, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree to the following: 1. Easement. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive temporary easement in, over and across the Easement Property for the purpose of the construction, operation and maintenance of a temporary road on the Easement Property (the uTemoorarv Access Roadll) to provide ingress and egress betvveen Highpoint Drive and the right-af-way of F.M. 2499 as depicted on Exhibit B attached hereto. 2. Term. This Easement shall automatically terminate/ without any further action by the parties hereto/ when (i) a road has been constructed in accordance with construction plans approved by the Grantee within the portion of proposed F.M. 2499 (adjacent to Lot 38X of Block T to the intersection of Hickory Creek Road) shown on the plat of Wheeler Ridge Phase Four, an addition to the City of Denton, Denton County, Texas, recorded in Cabinet W/ Page 677 of the Plat Records of Denton County, Texas (the nImprovementsl1); and eii) the Improvements have been accepted by the Grantee. Upon the termination, if Grantor desires to evidence the termination of this Easement of record, then Grantee will, upon receipt of a written request from Grantor, execute such documents as may be necessary to reflect the termination of this Easement in the Real Property Records of Denton County, Texas. 3. Grantor's Consent. Except as provided herein, Grantee shall not have the right to construct any improvements on the Easement Property or to otherwise alter the condition of the Easement Property without Grantor's. prior written consent. 4. Reservation of Rights. Grantor reserves the right to use the Easement Property for purposes not inconsistent with the rights of Grantee to use the Easement Property granted herein~ 5.. Damaae. To the extent that Grantee damages the Easement Property or real property owned by Grantor that is adjacent to the Easement Property, including any . improvements thereon, Grantee agrees to promptly repair such damage. 6. Comoliance with Laws. Grantee shall at all times use and conduct its operations on the Easement. Property in compliance with all applicable federal, state and local laws, ordinances and regulations. 7. Maintenance. Grantee will maintain the Improvements from and after completion of construction thereof. 8. Indemnity. Grantee agrees to indemnify and hold harmless Grantor from any claims, causes of action, damages or injuries arising from, connected with or related to the use of the Temporary Access Road and/or the Easement Property by Grantee or any of its representatlves, agents, contractors and/or employees. 9. Attornevs' Fees and Costs. If any legal or other proceeding is instituted to enforce any term of this Easement, the party prevailing in any such pro'ceeding shall be paid all of the legal costs, expenses and fees including attorneysl fees by the other party, and if any judgment is secured by such prevailing party all such legal costs, expenses and fees shall be included in any such judgment. 10. Title. Grantor represents that it is the sole owner of the Easement Property, and that the Easement Property is not subject to any liens, other than taxes and assessments. 11. Binding Easement. . Until terminated, this Easement shall run with the Easement Property and be binding upon Grantor and any successor owner of the Easement Property . 12. Authority. Grantor hereby represents that it has the legal authority to enter into and execute this Easement and to perform all of the obligations and duties herein. 13. Governina Law. This Easement shall be governed and interpreted in accordance with the laws of the State of Texas. 14. Headinas. The headings contained in this Easement are for reference purposes only and wHI not in any way affect the meaning or interpretation hereof. 2 u:\land\sing1e-family\wheefer ridge\post closing easements\city public access\exhibit f v2.doc IN WITNESS WHEREOF/ the parties have executed this Easement on the respective dates set forth in the respective acknowledgments below, to be effective as of the date appearing in the acknowledgment below of the last party to sign this Easement. GRANTEE: CITY OF DENTON, TEXAS By: George Campbell Its: City Manager STATE OF TEXAS 9 ~ COUNlY OF DENTON 9 This instrument was acknowledged before me on . 2006/ by George Campbell (personally known to me or proved to me through as identification), City Manager for the City of Denton, Texas a home rule municipal corporation, on behalf of said home rul"e municipal corporation. Notary Public, State of Texas My Commission Expires: PrintedjTyped Name 3 u:\land\singte-family\wheeler ridge\post closing easements\city public access\exhibit f v2.doc GRANTOR: CENTEX HOMES, a Nevada general partnership By: Centex Real Estate Corporation, a Nevada corporation Its: managing general partner . By: Its: STATE OF TEXAS 9 9 COUNlY OF DALLAS ~ This instrument was acknowledged before me on N, I/CIIIIUt ~ , 2006, by Steven H. Magee, (personally known to me) Vice President of LandI Centex Homes - Dallas/Fort Worth Metro Division of Centex Real Estate Corporation, a Nevada corporation, on behalf of said corporation, and the corporation executed this instrument as the managing general partner on behalf of Centex Homes, a Nevada general partnership. ,~ ,. ~i!."i~~;\ \, a,' . ~ .'J f '..' \i 000 ~l *}~J ~'." .~,~Ub~' ~OFTWS ~........~\-'" . "~'., . '.:' ~ t X PI REI: (~~.~ Cjl':-~ >,j[ i~ 28~ 2001 ~ My Commission Expires: ID t ze,. 2l()~ 4 u:\land\single-family\wheeler ridge\post closing easements\city public access\exhibit f v2~doc EXlDBIT "G" METES & BOUNDS DESCRIPTION 30' ACCESS EASEMENT BEING a 0.083 acre tract of land located in the Berry Merchant Survey, Abstract No. gOO, City of Denton, Denton County, Texas, being a portion of a called 253.926 acre tract of land as described in Special Warranty Deed to Centex Homes, a Nevada general partnership, filed for record in Volume 5105, Page 3753, of the Deed Records of Denton County, Texas, said 30.00' Access Easement being more particularly described by metes and bounds as follows: COMMENCING at the Southernmost comer of Lot 104, Block D, of Amended Wheeler Ridge Phase Three, an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Cabinet WJ Pages 538-540, of the Plat Records, Denton County, Texas, COIIUIlon to the Westernmost comer of Lot 105, Block D, and being on the Northeast right-of-way line of Saddle back. Drive, a 50.00' right..of-way; THENCE South 41 degrees 28 minutes 40 seconds East, along said Northeast right-of- way line, a distance of 60.21 feet, to a point for comer; THENCE departing said Northeast rlght-of.way line, and over and across said called 25 3 ~ 926 acre tract of land, the following calls: South 89 degrees 59 minutes 07 seconds East, a distance of220.64 feet, to a point for comer; South 41 degrees 28 minutes 40 seconds East, a distance of 6.61 feet, to a point for comer on the Southeast line of a 100' T ~P.& L. easement, filed for record in Volume 373, Page 246, of said Deed Records; THENCE South 48 degrees 31 minutes 15 seconds West, along said Southeast line, a distance of 4.60 feet, to a point (or comer, said point being the Westernmost comer of a . remainder tract of land as origirially described in the Special Warranty Deed to Wheeler Ranc~ Ltd., a Texas limited partnership, filed for record in County Clerk Document No~ . 99-R0020100, of the Deed Records of Denton County, Texas; THENCE South 89 degrees 59 minutes 07 seconds East, departing said Southeast line, and along the South line of said Wheeler Ranch remainder tract, a distance of 631.44 feet, to a point for comer, being the proposed Northeast comer of Lot 38X, Block T (HOA Common Area), and the Northwest comer of proposed FM 2499, a 120~OO' right-of-way, and being on the North line of future Wheeler Ridge Phase Four, and also being the beginning of a non-tangent curve to the left having a radius of 1 t260~OO feet; THENCE along said curve to the left, in a Southerly direction, and along the West right- of...way line of said FM 2499, through a central angle of 07 degrees 48 minutes 40 seconds, an arc length of 171.77 feet, and having a long chord which bears South 03 degrees 21 minutes 27 seconds East, a chord length of 17L64 feet, to the POINT OF BEGINNING for the herein described Access Easement; THENCE along said curve to the left~ in a Southerly direction, and continuing along the West right-of-way line of said FM 2499, through a central angle of 0] degrees 25 minutes 29 seconds, an arc length of 31.33 feet, and having a long chord which bears South 07 degrees 58 minutes 32 seconds East, a chord length of 31.33 feet, to a point for comer at the beginning of a non-tangent curve to the right having a radius of 87.00 feet; THENCE along said curve to the right, in a Westerly direction, through a central angle of33 degrees 13 minutes 43 seconds, an arc length of50.46 feet, and having a long chord which bears South 85 degrees 10 minutes 54 seconds West, a chord length of 49~75 feet, to a point for comer; THENCE North 78 degrees 12 minutes 15 seconds West, a distance of 79~58 feet, to a point for comer at the beginning of a non-tangent curve to the left baving a radius of 50.00 feet; THENCE along said curve to the left, in a Northerly direction, through a central angle of 35 degrees 05 minutes 31 seconds, an arc length of 30.62 feet, and having a long chord which bears North 17 degrees 27 minutes 22 seconds East, a chord length of 30.15 feet, to a point for comer; THENCE South 78 degrees 12 minutes 15 seconds East, a distance of 76.61 feet, to a point for comer at the beginning of a curve to the left having a radius of 57.00 feet; THEN CE along said curve to the left, in a Easterly direction, through a central angle of 40 degrees 34 minutes 38 seconds, an arc length of 40.37 feet, and having a long chord which bears North 81 degrees 30 minutes 26 seconds East, a chord length of 39.53 feet, to the POINT OF BEGINNING and containing 0.0833 acres (3,655 square feet) of land. See attached Exhibit UP" dated June ~:te: 06128/06 Registered Professional Land Surveyor 5438 State of Texas ~ I . .," - - . 2 AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEP ARTMENT: Utilities Howard Martin, 349-8232 .. ACM: SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a Real Estate Exchange and Purchase Agreement by the City of Denton, Texas with Westpark Group, LP, and BC Rail Spur LP and Rayzor Investments, Ltd for the City's fee acquisition of 6.889 acres of land in Abstracts No. 1040 and 1285; for the fee acquisition of a 0.8163 acre tract of land in Abstract No. 996; for the acquisition of a City access easement of 3.874 acres of land in Abstract No.1 040; for the acquisition of electric utility easement totaling 15.11 acres of land in Abstracts No. 996, 1040, and 1285; the acquisition of temporary construction easements totaling 11.001 acres of land in Abstracts No. 996, 1040, and 1285, for the acquisition of a street right-of-way donation deed for a .638 acre tract of land in Abstract No. 1040; the fee disposal by the City of Denton of tracts of land totaling 3.245 acres in Abstract No. 996; in which real estate and purchase agreement wherein BC Rail Spur, LP grants to the City of Denton a non-exclusive rail spur usage right to use the existing railroad spur for the future consideration therein expresses, that is north of and adjacent to the 6.889 acre tract of land situated in Abstracts No. 1040 and 1285; authorizing the expenditure of funds therefore; and providing an effective date. (THE DENTON WEST ELECTRIC UTILITY PROJECT). BACKGROUND The City is in the final stages of closing the Real Estate and Purchase and Exchange transaction with the Rayzor family for the benefit of the ongoing West Electric Transmission Line and Substation Project, a project being carried out by Denton Municipal Electric. The Seller's ownership interests cited in the form of the purchase agreement considered by the City Council on February 7, 2006 (Ordinance 2006-048) was subsequently redefined and clarified by the various selling entities. It was staffs understanding that the ownership interest's of Rayzor Investments, Ltd. was to be included in the Seller's consolidation initiative for the Rayzor family properties in that area, specifically the ones affected by the subject transaction. It was thought that all of the Rayzor family tracts were to be grouped into an ownership entity named Westpark Group LP. It was later discovered that the Seller only intended to consolidate a portion of the affected land tracts into Westpark Group LP, leaving the balance of the affected tracts under the ownership of Rayzor Investments, Ltd. In conjunction with that finding, the Seller's representative requested that their granting entities be segregated within the body of the overall purchase agreement, primarily for accounting purposes, and we honored their request. All of the terms of the originally considered Real Estate and Purchase and Exchange transaction, including the overall purchase price remain the same. The only substantive changes made are to designate the correct names of each granting entity and provide instructions for the title company as to the distribution of the sale proceeds to those various granting entities. OPTIONS 1. Approve the Ordinance. 2. Do not approve Ordinance. 3. Table for future consideration RECOMMENDATION Staff recommends approval of the Ordinance ESTIMATED PROJECT SCHEDULE The West Electric Transmission Line and Substation Project is currently underway, the effective closing date for the subject purchase transaction is scheduled to be December 31, 2006. PRIOR ACTION/REVIEW PUB recommended approval on January 21,2006. The City Council approved the Real Estate and Purchase and Exchange Agreement by way of Ordinance 2006-048, February 7, 2006. FISCAL INFORMATION $298,734 for all real property interests cited, plus administrative closing costs. ATTACHMENTS 1. Vicinity Map 2 Location map 3. Draft Ordinance Respectfully submitted: .....~.. . .. . . . . . . .. .. .."". .". .. . . . . . . . .. . ... .. . ... .. . .. ..... .. .. .. . .. .... . . . . . ... . . ... . f1~~. ... ..... .... . ~~ .. For: Jim Coulter, Director Utilities Department Prepared by: ~:f;~~i~:~~~~!;~:t\1~~(~;~2~~2:,6~:::~;:;' :'/. Paul Williamson Real Estate Manager 2 VICINITY MAP MENT OF DENTON WEST ELECTRIC UTILITY P Exhibit 1 ~ ~ tc; ~ oON lOV(jlS8V A 3/\ d f7S tI N HOr cD N I'"J o z r- U <::( Q:::: r- (Jl ~ ~ ,v ~<o ~~ <l~ ~ 'l U g m f- g ~ z G ~ o 0 ~ 0 m <( ~ f- 0:::: ~ I OJ ~ 5 f- f- o W ~ 0:::: ,.+ ,.<l ~~ ~~ I1I1 Exhibit 2 ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE EXCHANGE AND PURCHASE AGREEMENT BY THE CITY OF DENTON, TEXAS WITH WESTPARK GROUP, LP, AND BC RAIL SPUR LP AND RAYZOR INVESTMENTS, LTD FOR THE CITY'S FEE ACQUISITION OF 6.889 ACRES OF LAND IN ABSTRACTS NO. 1040 AND 1285; FOR THE FEE ACQUISITION OF A 0.8163 ACRE TRACT OF LAND IN ABSTRACT NO. 996; FOR THE ACQUISITION OF A CITY ACCESS EASEMENT OF 3.874 ACRES OF LAND IN ABSTRACT NO. 1040; FOR THE ACQUISITION OF ELECTRIC UTILITY EASEMENTS TOTALING 15.11 ACRES OF LAND IN ABSTRACTS NO. 996, 1040, AND 1285; THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS TOTALING 11.001 ACRES OF LAND IN ABSTRACTS NO. 996,1040, AND 1285, FOR THE ACQUISITION OF A STREET RIGHT-OF- WAY DONATION DEED FOR A .638 ACRE TRACT OF LAND IN ABSTRACT NO. 1040; THE FEE DISPOSAL BY THE CITY OF DENTON OF TRACTS OF LAND TOTALING 3.245 ACRES IN ABSTRACT NO. 996; IN WHICH REAL ESTATE AND PURCHASE AGREEMENT WHEREIN BC RAIL SPUR, LP GRANTS TO THE CITY OF DENTON A NON-EXCLUSIVE RAIL SPUR USAGE RIGHT TO USE THE EXISTING RAILROAD SPUR FOR THE FUTURE CONSIDERATION THEREIN EXPRESSED, THAT IS NORTH OF AND ADJACENT TO THE 6.889 ACRE TRACT OF LAND SITUATED IN ABSTRACTS NO. 1040 AND 1285; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (THE DENTON WEST ELECTRIC UTILITY PROJECT). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute a "Real Estate Exchange and Purchase Agreement" with Westpark Group, LP and BC Rail Spur, LP, and Rayzor Investments, Ltd. in the form of the agreement which is attached hereto and made part of the ordinance for all purposes regarding the Denton West Electric Utility Project. SECTION 2. The City Manager or his designee is hereby authorized to make the expenditures in the amount of the total purchase price of $298,734 to Westpark Group, LP, BC Rail Spur LP and Rayzor Investments, Ltd., plus the applicable closing costs, all as stipulated in the Agreement attached hereto. SECTION 3. By inadvertent error, Rayzor Investments, Ltd., one of the Sellers was not specifically identified as an original party to the Real Estate Exchange and Purchase Agreement that was approved by Council in Ordinance 2006-048, heretofore approved on February 7, 2006. 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'. - ,_, _. - I " ;;, ====e~~.- - . =.' . ~,--. ~ " r l..: _ ."" - "_ - I " _"" ~, "fM ~~~ : . ,..' .,.", ~_ ,. ,~.:_.,~ . : .:' : ,'~ ,.. . __ __~~ . "~_.. _. ~ __..~., '. ..,,.; >I '. !'1. -~~ . _.. . s - " t. ~ r\ ~_-......~m:-r- ~~~ -~ "!o'Gi"~ :.-.:~- .=g~ ~ ---- VI- "~""""!oL~ - ~-) ~ "...... ~ $'"1 i. ~ r:ll"l !.Ol! ))0", !(OX N>O!S "'. '~.~07n\W.~_3 ~ .. ~~ ~ ~"""\l: ~ ~~:W r ~- ~ lil't :j~ ~ ~ii., ~ l I ~ ~~jiil ~ ~~ ~~_LJ;t,.3:- - _ :~IG ~~ ~ "-I -- ~ . , .L ',I I' I ~ ~~ : I ~iI =~ I '-- ~ 1. I _ rd !~' ~ ~ .. tcil }. . ,. ~ __-~' -. f': ~.- . ,.,~ 'It; iii - - '-- , ' ~ ~ ~:: -, 'Sf oc:o ~~~- ~ ...::--_ _~ L : -'!t~'="M.':J, ~~___.r)~ == ~ t _ '3. . --....J::::::=:::.o ....-;; ~ .~~~~ AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEP ARTMENT: Utilities Howard Martin, 349-8232 .. ACM: SUBJECT Consider adoption of an ordinance of the City of Denton abandoning and vacating a portion of West Prairie Street, being a 0.315 acre tract of a street right-of-way tract conveyed to the City of Denton, Texas by deed recorded in Volume 383, Page 186 of the Deed Records of Denton County, Texas, and providing an effective date. BACKGROUND The City is in the final stages of closing the Real Estate and Purchase and Exchange transaction with Rayzor Investments, Ltd. for the benefit of the ongoing West Electric Transmission Line and Substation Project, a project being carried out by Denton Municipal Electric. The purchase agreement the City entered into with Rayzor Investments, Ltd involved an element of exchange of real property tracts owned by the City for easement tracts from Rayzor for the DME project. In the context of title review of the City owned exchange tracts, a title exception was taken regarding public rights in the subject 0.315 acre tract. In order to cure this outstanding title exception issue, formal action is required by the City to extinguish any latent public rights in the subject 0.315 acre tract. This particular street right-of-way tract was orphaned when the railroad was established across this section of West Prairie Street in the mid-1950's and as part of this formal abandonment action a utility easement has been reserved along the railroad right-of-way, within the subject 0.315 acre tract, to provide for the existing Verizon communication lines that traverse the right-of-way tract in that area. OPTIONS 1. Approve the Ordinance. 2. Do not approve Ordinance. 3. Table for future consideration RECOMMENDATION Staff recommends approval of the Ordinance ESTIMATED PROJECT SCHEDULE The West Electric Transmission Line and Substation Project is currently underway PRIOR ACTION/REVIEW The City Council approved the Real Estate and Purchase and Exchange Agreement by way of Ordinance 2006-048, February 7, 2006. FISCAL INFORMATION No financial outlay required for this title curative action. EXHIBITS 1. Location map 2. Draft Ordinance Respectfully submitted: ~~ . . . . . . . . . . . .. . .. ... . ~ .. .".." ........ . . . .. . . . . . . . . .. .. . .. ... . ... .. ... .. . .. . . . . . . ... .. .. . . .. . .. . .. . . .. . .. . .... . . ... . ... . . . .... For: Jim Coulter, Director Utilities Department Prepared by: ~:f;~~J~i1~~~~~i;;{!~1~~~~;~2~~~:_,:~~~:~':1 :'/. Paul Williamson Real Estate Manager 2 ~ ~ tc; ~ oON lOV(jlS8V A 3/\ d f7S tI N HOr cD N I'"J o z r- U <::( Q:::: r- (Jl ~ ~ ,v ~<o ~~ <l~ ~ 'l U g m f- g ~ z G ~ o 0 ~ 0 m <( ~ f- 0:::: ~ I OJ ~ 5 f- f- o W ~ 0:::: ,.+ ,.<l ~~ ~~ Exhibit 1 II S :\OUT Documents\Ordinances\06\ West Prairie Street Partial Abandonment Ordinance. DOC ORDINANCE NO~ AN ORDINANCE OF THE CITY OF DENTON ABANDONING AND VACATING A PORTION OF WEST PRAIRIE STREET, BEING A O~315 ACRE TRACT OF A STREET RIGHT -OF-WAY TRACT CONVEYED TO THE CITY OF DENTON, TEXAS BY DEED RECORDED IN VOLUME 383, PAGE 186 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the City of Denton has entered into a Real Estate Exchange and Purchase Agreement (AGREEMENT) with Rayzor Investments, Ltd~, as a result of Ordinance 2006..048, as such being an element of the pending West Electric Transmission Line and Substation Project (pROJECT); and, WHEREAS, the subject O~31S acre tract, described and illustrated in Exhibits "A" and "B" respectively, both attached hereto and made a part hereof, is owned by the City of Denton and by the terms of the AGREEMENT is to be exchanged for easement rights on other lands owned by Rayzor Investments, Ltd, as necessary for the PROJECT; and, WHEREAS, a title exception has beeQ identified regarding the need to formally abandon the public interests in the subject 0.315 acre tract; and, WHEREAS, the City Council of the City of Denton, Texas has detennined that it is in the public interest to abandon its rights in the O~315 acre tract; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION l~ The recitations and findings contained in the preamble of this ordinance are incorporated herein by reference~ The O~315 acre tract is hereby permanently abandoned with all of the City's right, title and interests being conveyed under the terms of the AGREEMENT, SAVE AND EXCEPT a reservation for a 10 foot wide public utility easement described in Exhibit "c" and attached hereto. A certified copy of this ordinance may be recorded in the Real Property Records of Denton County, Texas to evidence this abandomnent. SECTION 2. This ordinance shall become effective immediately upon its passage and approvaI~ PASSED AND APPROVED this the day of , 2006. PERRYR~ McNEILL, MAYOR Exhibit 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: Page 2 City of, DENTO"N" Exhibit A LEliA 1. DESCRIP TION lor, 60~Strip af !Ind out ,1 th, EUGENE PUCHALSKI SURVEY A~996 Denton, DIDion CDunty, T 8 Xlf Belng In that certain tract. pareet Of stdp a! I~nd out of the EUGENE PUCHALSKf SURVEY A.99S, in the C,~y of Denton, Dent.ab County, Ten: delctilJ,d . l1y deed.fllcDltled /11 Voluml 383, Page /88. Deed RecDrtl~ Denton CotJnt~ Teras and mflfe psrticu!atly rf,sC/j/;,d ,t 10UQ"':: BEGINNING It 8 tet 5/0- iron roo IOf comet lif the west right+IJf.wIY lin, of th, BurlingtDII Nott!JeffJ Santa Fe Railway, salrJ paInt ,1$4 being in thl DDnl1lin, ol a remainr/er tract Dlland described by ,fo"said deed fSCgfded in ,Volume 383, Page 186~ Deed Reco(d~ Denton County, T~X8~ and a/sQ belng in tht sauth right-o/-way Une of West Prairie Street; . THENCE: leaving saltl west flghr.ol.way nne Df Burlington Northern Santa F, Railway; N 8801 J'2a"~ Ind W/~,~ lI1i narth Un, of sakI remainder tract a distance of 239.28 feet to a found M. iron fod in the.west rigfrMf.way line of tald Wert Pralrie $rreet: . THENCE: kavlifg nOllll hire 01 the said 'emaindellfdct~ N or o55~09.~E, and with rite W!st lille ol'Sald West Pta/ii, Street' di:rlncI ol6a~g6 leet to 8 found JS. iron fod at the northwest cotner of tlte street: · THENCF: S 89fJ06'44~E along tlTe north rigl1t.D/wway linl cl West Ptdirle Street, 2 '2~41Ieer to' POm! lor carn" in the W~$t dglu-DI.way line of said Burlington No/theta Santa Fe Raf"hflay trace THENC!.~ S 2/ o58~03"e along sakI west rhfrr.qf.way /lne , rllstanct 0186..35 feet la (I:e POINT OF 8EGINNf!lG and COnTAINING Q.315 acres 01 land mare or lert as surveyed by jDnn han jt~ ,pIs /J /910 during the mdntlt 01 August 20024. Set attached Survey Sk'lcl1lnil.Oa5~. N D,.. tiJ..flh~1 tv Quality $~~rl'i(.~c.. ~ ftJfllU',l.' if!J1 ~"klf h U f. t.O'/If _.,.".".".~' ., <. J ... .. . --.. . ( J!~ l. ~ - ~ ... ~.' .. ~ .~ ~~ 1 .Exhibit B B ~ ~. (f\ ~ & .... I . .~ o! l ~~. ~ I / ~:J~ .c.i. ~ i / oif\~8$ ,./ f\ ~ II ~~tr\~i /. / (\ ~lLl C{ ~ -~3S: o. f\ Ct:T g .~I CJ tC - 1... {\. G ~J ~ ~.,\\ Cl ii [ lU 5 .11 :;j ~ !f \\\ Q ~I G'to~ / ~Sl '. g~ ;a~ \J?-v~ / I~ ~~ ~1 ~ t J}. ~'t~ 5~ ( ~ ~ ~ .... CN I lIJl . "* :t .J ~ g. Co CQr C/). I tt lU. f: (fJ UJ C( ti .~ ; a.. t') I-- cl CI) ~ I w I 1-" o~ -t I Q: a . '-ba: ~ D:: ~ t.! W ..Q . e~ ~.. CO ~..., Q S\l ~~ o LJo ,.... Ct::. ).. I~ 1;<: ~ """- ~ ~ -4i \j l 8 - ~ -E. ~ \l ] l ~1~ _ <. ~ ~ II ~~'"--.\ ~ .~ C\ l} ~ ~ .~lt~~ () S_~~l ,~ ~ ~ ~ ~ ,~~ 196~09~;. -1 ~~.a.~ra \-i. 3 .60.GG.tO N ..ot- 109 o!JJ '96lf '1011 , /a ,,~ ~ ~ 1) 1; t. EXHIBIT. "c" SAVE AND EXCEPT Public {]tilitv Reservation Tract BEING a 10 foot wide strip of land, lying west of, adjacent to and parallel with east line of the OJ315 acre tract described and illustrated in Exhibits "A" and "B" respectively, both attached hereto~ AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Vance Kemler 349-8044 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the on-site roadway and finish grading and paving of the existing prepared road subgrade at the City of Denton Landfill; providing for the expenditure of funds therefore; and providing an effective date (Bid 3660-Landill On-Site Roadway Finish Grading and Paving awarded to Reynolds Asphalt and Construction Company in an amount not to exceed $238,100.90). The Public Utilities Board recommends approval (6-0). BID INFORMATION The Solid Waste Services access road is being relocated to accommodate a better use of the City's property and provide access to the new Landfill scale house. The grading and construction of the road base is complete for Phase 1. This bid is to finish the grading and paving of the prepared road subgrade. Following this work, the asphalt overlay can be scheduled. There are approximately 6,095 square-yards of road surface, requiring a twelve-inch thickness of asphalt, to support truck traffic. A smaller area of 2,560 square-yards, requiring a seven-inch thickness, will be constructed to support the new recycling drop off site located at the Landfill. Item 7 on the bid has been deleted from the bid evaluation. City staff has already completed this work. PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) The Public Utilities Board will consider this item at its December 11, 2006 meeting. RECOMMENDATION Award to Reynolds Asphalt and Construction Company in an amount not to exceed $238,100.90. PRINCIPAL PLACE OF BUSINESS Reynolds Asphalt and Construction Company Euless, TX Agenda Information Sheet December 19,2006 Page 2 STAFF COST ESTIMATE The engineer's estimate for this project was $250,000. ESTIMATED SCHEDULE OF PROJECT This project is scheduled to begin on January 15, 2007 with an estimated completion date of February 28, 2007. FISCAL INFORMATION This project will be funded from Solid Waste account 660023589.1360.40100. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation l-AIS-3660 .... o "'C C Q) > 0') c 'S; m a.. "'C Q) (.) c m > "'C <( a ~ a a a f'..~ yt L!) f'.. L!) N <O~ L!) yt >< I- UJ ~ m o .... o "'C C Q) > a.. --.J 0') C 'S; m a.. --, 0:: --, a ~ 00 "lOt 00 a a M 0) L!) yt >< I- c o C Q) o ~ ~ yt .... o "'C C Q) > 0.. o u a ~ a a a~ 00 yt a ~ L!) L!) <O~ 00 yt C :J o E c :J if) >< I- ID ~ o c m o 0:: .... o "'C C Q) > +-' m ..c ' 0..0 UJU <(-: UJ UJ "'C C - 0 gu ~~ 0:: a ~ 0) 00 00 00 yt a ~ ~ 00 0) M yt p UJ UJ Q) "S w 'IIf""'" +'" C Q) E .c (.) ns +'" :( a ~ a a a~ a N yt a ~ L!) L!) <O~ 00 yt ,~ :n~ :J C a..~ <b E o 0 ~U --, >< I- .... o "'C C Q) > C o C Q) o a L!) M "lOt~ L!) N ~ yt L!) ~ L!) a 00 ~ a N yt a L!) ~ M ~ f'.. M ~ yt L!) f'.. M M N.. ~ ~ ~ yt a ~ a a 0) ~ N ~ yt L!) L!) a L!) N.. ~ f'.. yt a "! M M 0) a a ~ yt a ~ "lOt L!) 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I"- 00 ns ns OJ C ...J .... o "'C C Q) > .... o "'C C Q) > .... o "'C C Q) > .... o "'C C Q) > 'IIf""'" +'" C Q) E .c (.) ns +'" :( .... o "'C C Q) > en s::: ro ro l"- I"- .S; "m (j) "m (j) E UJ "'C "'C ns (j) m (j) m ~ z a.. c "'C "'C ::::i if) 0 m a. m a. 0') I- ~ ~ C "'C +:i a. 0)- a. 0)- .....J ~ :J c :J a. en en ~ 0 0 en .i: 0)- ~ 0)- ~ ill I III 0 s::: U:i en 0 en 0 "m 0 0 z (.) en ~ () ~ () (j) I- "'C UJ "t:J UJ 0) 0 0 l- S s: CO 0 Q) c () 0) () 0) "'C ns C "en u u m 13 .....J 0 a.. :J 0) ~ 0) ~ ~ <( C) III en ~ en ~ a. :J ro ro "'C 0 III (f) III (f) en- en 0) 0 J: () () () () m c 0 l- .! 0) "'C 0') U <( <( <( <( "S U5 s::: ro 0') ~ ~ ~ ~ 0 u: a:: c I I I I ..c e 0) c :0 ~ ~ ~ ~ (f) c >a c.. 0 ro u u u u 0) 0 ns "0 ~ (5 ;S ;S ;S ;S "'C () 3: c "~ ..c ..c ..c ..c ..c "3 u ~ ..0 en u u u u u: ~ "t:J 0 "c c c c c ro ns ~ i.L J; ~ ~ ~ N ~ 0 -a -a -a -a -a -a a::: (f) >- >- >- >- >- >- (f) Q) .....J 0- 0- 0- 0- 0- 0- .....J CD =:: (f) (f) (f) (f) (f) (f) 0 en ........ I 0 s::: L{) L{) L{) a a 0 M 0 L{) (J) (J) (!) (!) a CD ........ (!)- a 0_ L{) L{) L{) "r""" 00 (!)- (!) N- N- 00 CD M "r""" it: =It Q) "t:J :2 ...... s::: N cry ""'" L{) (!) I"- 00 ns ns OJ C ...J ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE ON-SITE ROADWAY AND FINISH GRADING AND PAVING OF THE EXISTING PREPARED ROAD SUBGRADE AT THE CITY OF DENTON LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3660-LANDFILL ON-SITE ROADWAY FINISH GRADING AND PAVING AWARDED TO REYNOLDS ASPHALT AND CONSTRUCTION COMPANY IN AN AMOUNT NOT TO EXCEED $238,100.90). 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 CONTRACTOR AMOUNT 3660 Reynolds Asphalt and Construction Company $238,100.90 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: ~~ 3-0RD-Bi~O . 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 December 11, 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 on Monday, December 11, 2006 7 at 9:01 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, Phil Gallivan, Bob Bland, John Baines and 11 Randy Robinson 12 13 Ex Officio Members: 14 Howard Martin, Assistant City Manager Utilities 15 16 Absent: George Campbell, City Manager, excused 17 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 The Public Utilities Board has received background information, staff's recommendations, and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 3) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City 25 Manager or his designee to execute a purchase order through the Buy Board Cooperative 26 Purchasing Network for the acquisition of six trucks for the Water/Wastewater Department 27 and four trucks for Denton Municipal Electric by way of an Interlocal Agreement with the 28 City of Denton; and providing an effective date (File 3682-Interlocal Agreement for the 29 purchase of Utility Fund Vehicles awarded to Philpott Motors in the amount of$243,761). 30 31 4) Consider recommending adoption of an Ordinance of the City of Denton authorizing the 32 City Manager or his designee to execute a purchase order with the Houston-Galveston Area 33 Council of Governments (H-GAC) for the acquisition of two backhoes and one tractor/ 34 mower for the City of Denton Water/Wastewater Department by way of an Interlocal 35 Agreement with the City of Denton; and providing an effective date (File 3683-Interlocal 36 Agreement for Heavy Equipment for Water/Wastewater Department with H-GAC awarded 37 to Equipment Support Services in the amount of$140,296 for two backhoes and Landmark 38 Equipment in the amount of $94,760 for one tractor/mower for a total award of $235,056). 39 40 5) Consider recommending approval of an Ordinance of the City of Denton, Texas authorizing 41 the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton, 42 Texas and the Upper Trinity Regional Water District regarding the use of the right of way for 43 water pipeline improvements; and providing an effective date. (Shady Shores Road-Swisher 44 Road area) 45 46 Chair Charldean Newell, at the request of Board Member Bill Cheek, pulled Item 6 for 47 individual consideration. 48 49 1 Minutes from the Public Utilities Board Meeting 2 December 11, 2006 3 Page 2 of3 4 5 6 Board Member Dick Smith moved to approve Items 3 through 5 with a second from Board 7 Member Phil Gallivan. The motion was approved by a 7-0 vote. 8 9 ITEMS FOR INDIVIDUAL CONSIDERATION: 10 11 6) Consider recommending adoption of an Ordinance accepting competitive bids and awarding 12 a public works contract for the on-site roadway and finish grading and paving of the existing 13 prepared road sub grade at the City of Denton Landfill; providing for the expenditure of 14 funds therefore; and providing an effective date (Bid 3660-Landfill On-Site Roadway Finish 15 Grading and Paving awarded to Reynolds Asphalt and Construction Company in an amount 16 not to exceed $238,100.90). 17 18 Board Member Cheek recused himself at this time stating that as a representative of Jagoe 19 Public Company there was a procedural concern with the bid process. 20 21 Howard Martin, Assistant City Manager, stated that someone from the Purchasing Department 22 should be present to respond to questions from the Board and directed staff to see if Tom Shaw, 23 Purchasing Agent, or one of his staff was available. 24 25 Board Member John Baines motioned to table this item until an employee from the 26 Purchasing Department could be available to respond to questions from the Board 27 regarding this matter. Board Member Bob Bland seconded the motioned. The motion was 28 approved by a 6-0 vote. 29 30 Board Member Cheek recused himself from the meeting. 31 32 Board Member Smith motioned to remove Item 6 from the table for consideration with a 33 second from Board Member Bland. The motion was approved by a 6-0 vote. 34 35 Chair Newell stated that Board Member Cheek had expressed a concern with the paperwork 36 surrounding the bid and questioned whether all bidders received the same information. 37 38 Karen Smith, Senior Buyer stated that a third party engineering firm developed the specifications 39 and that Purchasing agrees there were some slight holes in the specifications; however, every 40 bidder was told to bid the document. When a bidder did ask for clarification, Purchasing did 41 send out one addendum to further clarify the document. 42 43 Board Member Smith asked if all bidders received the addendum. Buyer Smith answered that 44 they did and that this bid was no different than others; it was uneventful other than there was an 45 addendum. 46 47 Board Member Baines asked when the addendum was mailed. Smith replied it was mailed out 48 on the 28th and that Purchasing had verified all bidders had received the addendum. 49 50 1 Minutes from the Public Utilities Board Meeting 2 December 11, 2006 3 Page 2 of3 4 5 6 Board Member Robinson motioned to approve with a second from Board Member 7 Gallivan. Board Member Baines asked to amend the motion to suggest that Board 8 Member Cheek address his concern in writing. The motion was approved by a 6-0 vote. 9 10 When Board Member Cheek returned to the meeting, Chair Newell advised Board Member 11 Cheek that the Board found that all bidders had received the same information, and suggested 12 that ifhe still had a concern with the process, he should write a letter. Board Member Cheek 13 indicated that he would not. 14 15 The meeting was adjourned by consensus at 10:12 a.m. AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Mike Ellis 349-8424 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of six trucks for the Water/Wastewater Department and four trucks for Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3682-Interlocal Agreement for the purchase of Utility Fund Vehicles awarded to Philpott Motors in the amount of $243,761). The Public Utilities Board recommends approval (7 -0). FILE INFORMATION This contract is for the acquisition of ten motor pool replacement vehicles for various City of Denton Utility Departments approved in the 2006-2007 budget process. A list and description of the vehicles is shown below. Item Description Quant. Price (Ea) Total Department 1 ~ Ton Pickup SWB 1 $14,982 $14,982 Water Admin 2 ~ Ton Pickup SWB 1 $14,982 $14,982 Water Eng 3 ~ Ton Ext Cab 1 $15,489 $15,489 Electric Eng 4 ~ Ton Crew Cab 1 $22,229 $22,229 W /W Rec 5 % Ton Ext Cab 1 $26,812 $26,812 Electric Dist 6 % Ton Ext Cab 1 $26,812 $26,812 Ben Reuse 7 % Ton, Diesel Pickup 1 $27,217 $27,217 Electric Subs 8 % Ton 4X4 Pickup 1 $30,217 $30,217 Electric Dist 9 1 Ton Cab Ext Cab 1 $29,359 $29,359 Water Prod With Utility Bed 10 1 ~ Ton Ext Cab 1 $35,662 $35,662 Water Dist Items 1-10 awarded to Philpott Ford in the total amount of $243,761. All units are powered by gasoline or diesel engines with LEV ratings that meet or exceed EP A standards. PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) The Public Utilities Board will consider this item at its December 11, 2006 meeting. Agenda Information Sheet December 19,2006 Page 2 RECOMMENDATION Award Items 1-10 to Philpott Motors in the amount of $243,761 as shown on the individual Buy Board contract pricing sheets included as Attachment 1. The $400 per purchase order charge shown on each pricing sheet does not apply to each vehicle- it will only apply to the actual number of purchase orders issued. PRINCIPAL PLACE OF BUSINESS Philpott Ford Nederland, TX ESTIMATED SCHEDULE OF PROJECT Delivery is estimated to be within 90-120 days of receipt of an order. FISCAL INFORMATION These vehicles will be funded from the following sources: Department Account Number Dollar Amount Electric Water Wastewater 605555.8535 635555.8535 645555.8535 $99,735 $94,985 $49,041 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Buy Board Pricing Sheets l-AIS-File 3682 Attachment 1 ~""o ""~"I""temS t"o""and 2 . CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT VEIDCLES BUYBOARD #208-04 End User: CI1Y OF DENTON Contact: MIKE ELLIS Philpott Rep: ALAN WILEY Date: 5 -Dec-06 Produ ct Description: FORD F150 REGULAR CAB A~ Bid Series: 8 A. Base Price: I $ 12,661.00 I B~ Pub lished Options [Itemize each below] Code Options Bid Price Code Options Bid Price REGULAR CAB INCL 7126 2007 MODEL WITH 126uWB $ 1 }990.00 4.6L V8 GAS INCL GOVERNMENT CONCESSION A"UTOMA TIC INCL ADJUSTMENT FULL SIZE SPARE TIRE INCL 535 TRAILER TOW PACKAGE $ 332.00 Ale AND REA T INCL LARGER RADIATOR INCL VINYL SPLIT BENCH SEAT INCL TR.A.NSMISSION OIL COOLER INCL REAR BUMPER INCL RECEIVER HITCH INCL STANDARD BUMPERS INeL TRAILER LIGHT CONNECTOR INeL AM-FM RADIO INeL DELIVERY meL LONG BED INCL CE CLOTH 40-20-40 SEA T INeL 126 " 6.5 FT SHORT BED 126uWB $ (197.00) Total ofB. Published OPtions:1 $ 2,125.00 I c. Unpublished Options [Itemize each below, not to exceed 250/0] $= 1.3 0/0 Options Bid Price Options Bid Price HOUR METER $ 97.00 UNDER HOOD LIGHT $ 79.00 EXTRA SECURILOCK KEY $ 20.00 ESTIMATED DELIVERY TN 60-90 DAYS . ... ~.... ~r .. ~ . _.:: I ~ Total of C. Unpublished oPtions:1 $ 196~ 00 H~ BUYBOARD Administrative Fee $400~OO PER PURCHASE ORDER I I $ I $ ,---- 14,982.00 I $ 29,964.00 I $ 400.00 I ~ r -.....~ ...: +..;:-:. I $ 30,364.00 D. Contract Price Adjustment: E~ Delivery Charges: o miles @ $.93/mile F. Total of A + B + C + D + E = F G. Quantity Ord ered o tA) A 0'-7"(0 7~ xF= VJS 07 7~ I. Non-Equip Charges & Credits J. TOTAL PURCHA.SE PRICE INCLUDING BUYBOARD FEE Item. 3 CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT VEHICLES BUYBOARD #208-04 ". L ~". ;-~:~ ~:I-... -;-0" End User: CITY OF DENTON Contact: MIKE ELLIS Philpott Rep: ALAN WILEY Date: 5 - Dec-06 Product Description: FORD F150 SUPERCAB A~ Bid Series: 9 A. Base Price: I $ 16,050.00 I B. Published Options [Itemize each below) Code Options Bid Price Code Options Bid Price XL SERIES INCL X19 3.55 AXLE STD 5.4L V8 GAS 8200 GVWR INCL 535 TRAILER TOW PACKAGE $ 332.00 A UTOMA TIC INCL LARGER RADIATOR INCL SINGLE REAR WHEEL INCL TRANSMISSION OIL COOLER INCL VINYL SPLIT BENC.H INCL RECEIVER HITCH INCL Ale AND HEAT IN.CL TRAILER LIGHT CONNECTOR INCL AM-FM RADIO INCL TJLT WHEEL INCL CE CLOTH. 40-20-40 SEAT INCL 14599W S.HORT BED OPTION $ (1~323.00) RESVERSE SENSOR AID IS NOT NOTE 6700 GVWR 4.6L V8 GAS INeL A v AILABLE ON THIS MODEL DELIVERY INCL 07X 12 2007 MODEL UPGRA.DE $ 234.00 ". .... I : ':..:. :rFo.~. Total of B. Published options:1 $ (757.00)1 c. Unpublished Options (Itemize each below, Dot to exceed 250/0] $= 1. 3 0/0 Options Bid Price Options Bid Price 1 EXTRA SECURILOCK KEY $ 20.00 UNDERHOOD LIGHT $ 79.00 HOUR METER $ 97.00 ESTIMATED DELIVERY IN 60-90 DAYS NOTE Total of C. Unpublished Options $ 196.00 1 E. Delivery Charges: o miles @ $.93/mile $ I . ..... . .... .,. ,.... I 15,489.00 1 / 30,978.00 I 400.00 I D. Contract Price Adjustment: r. Total of A + B + C + D + E = F ~/ "- BUYBOARD Administrative Fee xF= Et 07f.o0 $ G. Quantity Ordered $ H. $400.00 PER PURCHASE ORDER $ I. Non-Equip Charges & Credits J. TOTAL PURCHASE PRICE INCLU.DING BUYBOARD FEE $ 31,378.00 I Item 4 CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT VEHICLES BUYBOARD #208-04 ... . .. ;~ -~~ . '"3-';' - -: End User: CITY OF DENTON Contact: MIKE ELLIS Philpott Rep: ALAN WILEY Date: 5-Dec-06 Prod u ct Description = FORD F150 4X2 SUPER CREW XLT A. Bid Series: 10 t-" A. Base Price: I $ 19,898.00 I B. Published Options [Itemize each below] Code Options Bid Price Code Option s Bid Price 5.4L V8 GAS AUTOMATIC INCL 535 TRAILER TOW PACKAGE $ 332.00 Ale AND REA T INCL HD RADIATOR INCL AM-FM CD INCL TRANSMISSION OIL COOLER INCL PWR WINDOWS- LOCKS-MIRRORS INCL RECEIVER HITCH INCL SHORT BED INCL NOTE 18" TIRES REQUIRES THE NOTE TIL T/CRUISE INCL FOLLOWING OPTION CLOTH SPLIT BENCH SEAT INCL 86X XLTCHROMEPACKAGE $ 1, 136.00 DELIVERY INCL P265/60RX 18 A/S TIRES IN"CL 99W 4.6L V8 GAS $ (716.00) IS" ALUMINUM WHEELS INCL XB6 3.73 LIMITED SLIP AXLE $ 285.00 51. CHROME TUBULAR RUNNING INCL 07FLS 2007 MODEL UPGRADE $ 915.00 BOARDS INCL FUEL DELIVERY SURCHARGE INCL 6.5 FT BED WITH 150ltWB INCL ~....- -: Total of B. Published Options:1 $ ] ,952.00 ] c~ Unpublished Options IItemize each below, not to exceed 25%] $= 1. 7 0/0 Options Bid Price Options Bid Price COMPLETE SET OF MANUALS ON CD ROM $ 300.00 ] EXTRA SECURILOCK KEY $ 20.00 6-PIN CONNECTOR AT REAR BUMPER $ 59.00 379.00 I :-''':'r ~." Total of C. Un pu b lish ed Options" $ D. Contract Price Adjustment: ESTIMA TED DELIVERY IN 60~90 DAYS E. o eliv ery Charges: miles @ $~93/mi Ie $ F~ Total of A + B + C + D + E = F {,JT 0'773 $ 22,229.00 I G. Qua n tity Ordered xF= $ 22,229.00 I BA BUYBOARD Administrative Fee $400600 PER PURCHASE ORDER $ 400.00 I I. Non - Eq II ip Cha rges & Cred its J~ TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE $ 22,629.00 I Items 5 and 6 CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT VEHICLES BUYBOARD #208-04 End User: CITY OF DENTON Contact: MIKE ELLIS Philpott.Rep: ALAN WILEY Date: 5 - Dec~06 Prod u ct Oescri ptio n : FORD F250 SUPERCAB PICKUP A. Bid Series: 12 A. Base Price: I $ 16,212.00 I B.. Published Options [Itemize each below] Code Options Bid Price Code Options Bid Price LONG BED XL INCL 135 AMP ALTERNATOR INCL 6.8L Vl 0 GAS INCL X3L LIMITED SLIP AXLE $ 285.00 :MANUAL TRANSMISSION INCL 3H CLOTH 40-20-40 SEAT $ 404.00 FULL SIZE SPARE INCL 142 6.5 FT SHORT BED $ (172.00) REAR BUMPER INCL 4lH ENGINE BLOCK HEATER $ 33.00 Ale AND HEAT INCL 91T TOW COMMAND SYSTEM $ 427.00 AM-FM. RJ\DIO INCL ELECTRIC BRA.KE CONTROLLER INCL 44T 5-SPEED AUTOMATIC $ 1,202.00 TRAILER TOW MIRRORS INCL 99P 6.0L DIESEL UPGRADE $ 4)32.00 86T RECEIVER HITCH $ 166.00 07FSD 2008 D1ESEL MODEL UPGRADE $ 2,972.00 903 POWER WINDOWS-LOCKS $ 503.00 G.4L POWER STROKE WITH INCL 525 CRUISE CONTROL $ 223.00 NEW FEDERA.L EMISSIONS INCL 524 TILT STEERING WHEEL $ 142.00 Total of B. Published Options:1 $ 10,317.00 I c. Un pu b lish ed Options (Itemize each below, not to exceed 25 % I $= 1.1 0/0 Options Bid Price Options Bid Price ADV ANCE SECURITY GROUP IS NOT NOTE A V AILABLE ON XL MODEL FACTORY FOG LAMPS ARE NOT NOTE A V AILABLE ON XL MODEL 1 EXTRA KEY $ 5.00 UNDERHOOD LIGHT $ 79.00 REMOTE KEYLESS ENTRY $ 199.00 ESTIMATED DELIVERY IN 100-120 DAYS NOTE Total of C. Unpublished Options:1 $ 283~OO H. BUYBOARD Administrative Fee $400.00 .PER PURCHASE ORDER I 1$ I $ 26,8J 2.00 I $ 26,812.00 I $ 400.00 I I $ 27,212.00 5i)0 Q.~ D. Contract Price Adjustment: E. Del ivery Charges: 0 miles @ $.93/mile 111. rr..0 0, (o~ \.) 6;D01 . F. Total of A + B + C + D + E = F .~. Quantity Ordered ./ x F = G. I. Non-Equip Charges & Credits J. TOTAL PURCH.ASE PRICE INCLUDING BUYBOARD FEE Item 7 CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT VEHICLES BUYBOARD #208-04 End User: CITY OF DENTON Contact: MIKE ELLIS Product Description: FORD F250 SUPERCAB PICKUP Philpott Rep: ALAN WILEY Date: 5 - Dec-06 A. Bid Series: 12 A. Base Price: I $ 16,212.00 I B. Published Options [Itemize each below] Code Options Bid Price Code Options Bid Price. LONG BED XL IN.CL 135 AMP ALTERNATOR INCL 6.8L Vl 0 GAS INCL X3L LIMITED SLIP AXLE $ 285.00 MANUAL TRA.NSMISSION INCL 3H CLOTH 40-20-40 SEAT $ 404.00 FULL SIZE SPARE INCL 76R REVERSE SENSOR AID $ 233.00 REAR BUMPER INCL 4tH ENGINE BLOCK HEATER $ 33.00 Ale AND HEAT INCL 91T TOW COMMAND SYSTEM $ 427.00 AM-PM RA..DIO INCL ELECTRIC BRAKE CONTROLLER INCL 44T 5-SPEED AUTOMATIC $ 1,202.00 TRAILER TOW MIRRORS INCL 99P 6.0L DIESEL UPGRADE $ 4,132.00 86T RECEIVER HITCH $ 166.00 07FSD 2008 DIESEL MODEL UPGRADE $ 2;972.00 903 POWER WINDOWS-LOCKS $ 503.00 6.4L POWER STROKE WITH INCL 525 CRUISE CONTROL $ 223.00 NE\V FEDERAL EMISSIONS INCL 524 TIL T STEERING VVHEEL $ 142.00 Total of B. Published Options:1 $ 10,722.00 I CA Unpublished Options [Itemize each below, not to exceed 250/01 $= 1. 1 0/0 Opti ODS Bid Price Options Bid Price ADV ANCE SEC.URITY GROUP JS NOT NOTE CAB CHASSIS NOTE NOTE A V AJLABLE ON XL MODEL TO GET YOU THE REVERSE SENSOR AID NOTE FACTORY FOG LAMPS ARE NOT NOTE FOR YOUR CAB CHASSIS~ I MUST ORDER NOTE A V AILABLE ON XL MODEL A COMPLETE PICKUP FOR yOU. YOU NOTE I EXTRA KEY $ 5.00 WILL NEED TO REMOVE THE BED. TAKE NOTE UNDERHOOD LIGHT $ 79.00 THE SENDOR AIDS OUT OF THE REAR NOTE REMOTE I(EYLESS ENTRY $ 199.00 BUMPER WHEN YOU REMOVE THE NOTE BUMPER AND THEN INSTALL THE NOTE SENSOR AIDS IN THE BUMPER OF THE NOTE BODY TtlA T YOU ARE PUTTING ON. NOTE ESTIMA TED DELIVERY IN 100-120 DAYS NOTE T ota I of C. Un pu b lish ed Options $ 283.00 D~ Contract Price Adjustment: E. Del iv ery Charges: 0 miles @ $.93/miIe $ F~ Total of A + B + C + D + E = F ES07fo~ $ 27,217.00 G. Qua n tity Ord ered xF= $ 27,217.00 I-L BUYBOARD Administrative Fee $400.00 PER PURCHASE O.RDER $ 400.00 1,:- :" L Non-Equip Charges & Credits J. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE $ 27,617.00 Item. 8 CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT VEHICLES BUYBOARD #208-04 End User: CITY OF DENTON Contact: MIKE ELLIS Philpott Rep: ALAN WILEY Date: 5 - Dec-06 Prod net Description: FORD F250 SUPERCAB PICKUP A. Bid Series: 12 A. Base Price: I $ 16,212.00 I B. Published Options [Itemize each below] Code Option s Bid Price Code Options Bid Price LONG BED XL INCL 135 AMP ALTERNATOR INCL 6.8L V1 0 GAS INCL X3L LIMITED SLIP AXLE $ 285.00 MA.NUAL TRANSMISSION INeL 3H CLOTH 40-20-40 SEAT $ 404.00 FULL SIZE SPARE INCL 76R REVERSE SENSOR AID $ 233.00 REAR BUMPER INCL 41H ENGINE BLOCK HEATER $ 33.00 Ale AND HEAT INCL 91T TOW COMMAND SYSTEM $ 427.00 AM-PM RJ\..DIO INCL ELECTRIC BRAKE CONTROLLER INCL 441' 5-SPEED AUTOMATIC $ 1;202.00 TRAILER TOW MIRRORS INCL 99P G.OL DIESEL UPGRADE $ 4,132.00 86T RECEIVER HITCH $ 166.00 07FSD 2008 DIESEL MODEL UPGRADE $ 2,972.00 903 POWER WIN.DOWS-LOCKS $ 503.00 6.4L POWER STROKE WITH INCL 525 CRUISE CONTROL $ 223.00 NEW FEDERAL EMISSIONS INCL 524 TILT STEERING WHEEL $ 142.00 Total of B. Published options:1 $ 10,722;00 I c. Unpublished Options [Itemize each below, not to exceed 250/0] $= 1. 1 0/0 Options Bid Price Options Bid Price ADV ANCE SECURITY GROUP IS NOT NOTE A V AILABLE ON XL MODEL FACTORY FOG LAMPS ARE NOT NOTE A V AILABLE ON XL MODEL 1 EXTRA KEY $ 5.00 UNDERHOOD LIGHT $ 79.00 REMOTE KEYLESS ENTRY $ 199.00 ESTIMA TED DELIVERY IN 100-120 DAYS Total of C. Unpublished Options:1 $ 283.00 I 3.ooo.do I $ I [!3' .....-. - $. 0,217 ~L~ l!10,2~ I $ 400.00 I I I ~~O.617.00 1 J Q } 6 \ r-( 1$ D. Contract Price Adjustment: Additional Amount for 4 Wheel Drive E. Delivery Charges: o miles @ $.93/mile F'~ Total of A + B + C + D + E = F c. Qua n tity Ord ered xF= '\. ~ / ~ :~JJOiL~,)1 1-1. BUYBOARD Administrative Fee $400.00 PER PURCHASE ORDER I. Non-Equip Charges & Credits J~ TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE Item. 9 CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Medium and UD Trucks BUYBOARD BID 208-04 End IJser: CITY OF DENTON Contact; MIKE ELLIS Philpott Rep: ALAN WILEY Date: 5 - Dec-06 Prod 11 ct Descriptio n : FORD F350 CAB/CHASSIS A. Bid Seri es: 2 A. Base Price: I $ 13,958.00 I B. Published Options [Itemize each belowJ Code Options Bid Price Code Options Bid Price F3G141 REGULAR CAB GOtlCA DRW $ 1 ,21 8.00 AM-FM RADIO INCL 6-8L GAS 13,000 GVWR INCL VE VINYL BENCH SEAT INCL 572 Ale $ 808.00 RUBBER FLOOR INCL 99p .DIESEL UPGRJ\DE $ 4,132.00 POWER STEERING INCL 44T 5-SPEED AUTOMATIC $ 1,415.00 ABS BRAKES INCL 165WB 84r' CAB TO AXLE DRW $ 189.00 HEATER-DEFROSTER INCL X4N 4.10 LIMITED SLIP AXLE $ 285.00 SINGLE REAR WHEELS INCL 3.73 NOT AVAILABLE NOTE ] 0,000 GVWR INCL 512 SPARE TIRE AND WHEEL $ 332.00 MANUAL TR.J\NSMISSION INCL 135 AMP ALTERNATOR INCL 5.4L V8 GAS INCL 528 ELECTRIC BRA..KE CONTROLLER $ 21 8.00 DELIVERY INCL 524 TIL T STEERING WHEEL $ 142.00 08F36D 2008 MODEL UPGRADE WITH $ 2,150.00 67.H HEA VY SERVICE SUSPENSION $ 11 9.00 6.4L DIESEL Total of B. Published OPtions:1 $ 11,008.00 I c. Unpublished Options [Itemize each below, Dot to exceed 250/0] $= 17.6 0/0 Options Bid Price Options Bid Price 4] H ENGINE BLOCK HEATER $ 33.00 2008 MODEL WITH NEW FEDERAL NOTE ] EXTRA KEY $ 5.00 REQUIRED EMISSIONS N.OTE REAR CAB CAR.GO LIGHT S 89.00 X36 EXTENDED CAB UPGRA..DE $ 2,759.00 UNDER HOOD LIG"HT $ 79.00 65C DUAL DIESEL TANKS $ 579.00 TRAILER TOW PACKAGE IN 52B ABOVE INCL COMPLETE SET OF MANUALS $. 300.00 FRAME MOUNTED RECEIVER HITCH $ 295.00 6-PIN TRAILER PLUG LOOSE W/SLACK S 59.00 }\T END OF FRAME PINTLE COMBO WITH 2 5/16'1 BALL $ 195.00 ESTIMATED DELIVERY IN 100-150 DAYS NOTE Total of C. Unpublished Options. $ 4,393.00 D. Contract Price Adjustment: E~ Delivery Charges: miles @ $~93/mile $ F. Total of A +.B + C + D + E = F LUeD7h~ $ 29,359.00 G~ Qu a ntity Ord ered xF= $ 29,359.00 1-1. BUYBOARD Administrative Fee $400.00 PER PURCHASE ORDER I. Non-Equip Charges & Credits J. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE $ 29,359.00 Item 10 CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT VEHICLES BUYBOARD #208-04 End User: CITY OF DENTON Contact: MlKE ELLIS Product Description: FORD F550 Philpott Rep: ALAN WILEY Date: 5-Dec-06 AA Bid Series: 2 A. Base Price: I $ 19,459.00 I B~ Published Options [Itemize each below] Code Options Bid Price Code Options Bid Price REGULAR CAB 60 INCH CA STD 9.6R 6.4L DIESEL UPGRA..DE WITH $ 5,710.00 6.8L VI 0 MANUAL STD NEW REQUIRED FEDERAL INCL A"M~FM RADIO STD EMISSIONS INCL HEA TER & DEFROSTER STn 135 AMP ALTERNATOR INCL 512 SP ARE TIRE AND \\THEEL $ 332.00 52B TOW COMMAND PACKAGE $ 218.00 X4L 4.30 LIMITED SLIP AXLE $ 342.00 ELECTRIC BRA.KE CONTROLLER INCL 448 5-SPEED AUTOMATIC $ 1 ~202. 00 524 TILT STEERING WHEEL $ 142.00 572 Ale $ 808.00 67H EXTRA HD SUSPENSION $ 119.00 65C DUAL DIESEL TANKS $ 579.00 W56 ( CREW CAi);PGRADE $ 5,996.00 200"WB WITH 84'.CA INCL 2008 MODEL 17,950 GVWR INCL 41H ENGINE "BLOCK HEATER $ 33.00 ..... I.:: .:~ :-~._ ":... Total of B. Published Options:1 $ 15,481.00 I c. Unpublished Options [Itemize each below, not to exceed 250/0] $= 2.1 0/0 Options Bid Price Options Bid Price i EXTRA KEY $ 5.00 REAR OF CAB CARGO LIGHT $ 89.00 UNDERHOOD LIGHT $ 79.00 FRAME MO"UNTED RECEIVER HITCH $ 295.00 6-PIN TRAILER PLUG LOOSE W/SLACK $ 59.00 AT END OF FRAME PINTLE COMBO WITH 2 5/16u BALL $ 195.00 ESTIMA TED DELIVERY IN 100-150 DAYS NOTE Total of C. Unpublished Options. $ 722.00 I D. Contract Price Adjustment: E. D eliv ery Ch arges: o miles @ $~93/mile $ kJ P 07 &<l $ 35,662.00 I $ 35,662.00 I $400.00 PER PURCHASE ORDER $ 400.00 I F~ Total of A + B + C + D + E = F G. Qua ntity Ord ered xF= H. BUY BOARD Administrative Fee I. Non-Equip Charges & Credits L. I.. :--:., :-,;.~ > J. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE $ 36,062.00 I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF SIX TRUCKS FOR THE WATER/WASTEWATER DEPARTMENT AND FOUR TRUCKS FOR DENTON MUNICIPAL ELECTRIC BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3682-INTERLOCAL AGREEMENT FOR THE PURCHASE OF UTILITY FUND VEHICLES AWARDED TO PHILPOTT MOTORS IN THE AMOUNT OF $243,761). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the "File Number" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3682 Philpott Motors $243,761 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5. 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-Fi~ ~, F .. /~-z,/ 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 December 11, 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 on Monday, December 11, 2006 7 at 9:01 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, Phil Gallivan, Bob Bland, John Baines and 11 Randy Robinson 12 13 Ex Officio Members: 14 Howard Martin, Assistant City Manager Utilities 15 16 Absent: George Campbell, City Manager, excused 17 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 The Public Utilities Board has received background information, staff's recommendations, and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 3) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City 25 Manager or his designee to execute a purchase order through the Buy Board Cooperative 26 Purchasing Network for the acquisition of six trucks for the Water/Wastewater Department 27 and four trucks for Denton Municipal Electric by way of an Interlocal Agreement with the 28 City of Denton; and providing an effective date (File 3682-Interlocal Agreement for the 29 purchase of Utility Fund Vehicles awarded to Philpott Motors in the amount of$243,761). 30 31 4) Consider recommending adoption of an Ordinance of the City of Denton authorizing the 32 City Manager or his designee to execute a purchase order with the Houston-Galveston Area 33 Council of Governments (H-GAC) for the acquisition of two backhoes and one tractor/ 34 mower for the City of Denton Water/Wastewater Department by way of an Interlocal 35 Agreement with the City of Denton; and providing an effective date (File 3683-Interlocal 36 Agreement for Heavy Equipment for Water/Wastewater Department with H-GAC awarded 37 to Equipment Support Services in the amount of$140,296 for two backhoes and Landmark 38 Equipment in the amount of $94,760 for one tractor/mower for a total award of $235,056). 39 40 5) Consider recommending approval of an Ordinance of the City of Denton, Texas authorizing 41 the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton, 42 Texas and the Upper Trinity Regional Water District regarding the use of the right of way for 43 water pipeline improvements; and providing an effective date. (Shady Shores Road-Swisher 44 Road area) 45 46 Chair Charldean Newell, at the request of Board Member Bill Cheek, pulled Item 6 for 47 individual consideration. 48 49 1 Minutes from the Public Utilities Board Meeting 2 December 11, 2006 3 Page 2 of3 4 5 6 Board Member Dick Smith moved to approve Items 3 through 5 with a second from Board 7 Member Phil Gallivan. The motion was approved by a 7-0 vote. 8 9 ITEMS FOR INDIVIDUAL CONSIDERATION: 10 11 6) Consider recommending adoption of an Ordinance accepting competitive bids and awarding 12 a public works contract for the on-site roadway and finish grading and paving of the existing 13 prepared road sub grade at the City of Denton Landfill; providing for the expenditure of 14 funds therefore; and providing an effective date (Bid 3660-Landfill On-Site Roadway Finish 15 Grading and Paving awarded to Reynolds Asphalt and Construction Company in an amount 16 not to exceed $238,100.90). 17 18 Board Member Cheek recused himself at this time stating that as a representative of Jagoe 19 Public Company there was a procedural concern with the bid process. 20 21 Howard Martin, Assistant City Manager, stated that someone from the Purchasing Department 22 should be present to respond to questions from the Board and directed staff to see if Tom Shaw, 23 Purchasing Agent, or one of his staff was available. 24 25 Board Member John Baines motioned to table this item until an employee from the 26 Purchasing Department could be available to respond to questions from the Board 27 regarding this matter. Board Member Bob Bland seconded the motioned. The motion was 28 approved by a 6-0 vote. 29 30 Board Member Cheek recused himself from the meeting. 31 32 Board Member Smith motioned to remove Item 6 from the table for consideration with a 33 second from Board Member Bland. The motion was approved by a 6-0 vote. 34 35 Chair Newell stated that Board Member Cheek had expressed a concern with the paperwork 36 surrounding the bid and questioned whether all bidders received the same information. 37 38 Karen Smith, Senior Buyer stated that a third party engineering firm developed the specifications 39 and that Purchasing agrees there were some slight holes in the specifications; however, every 40 bidder was told to bid the document. When a bidder did ask for clarification, Purchasing did 41 send out one addendum to further clarify the document. 42 43 Board Member Smith asked if all bidders received the addendum. Buyer Smith answered that 44 they did and that this bid was no different than others; it was uneventful other than there was an 45 addendum. 46 47 Board Member Baines asked when the addendum was mailed. Smith replied it was mailed out 48 on the 28th and that Purchasing had verified all bidders had received the addendum. 49 50 1 Minutes from the Public Utilities Board Meeting 2 December 11, 2006 3 Page 2 of3 4 5 6 Board Member Robinson motioned to approve with a second from Board Member 7 Gallivan. Board Member Baines asked to amend the motion to suggest that Board 8 Member Cheek address his concern in writing. The motion was approved by a 6-0 vote. 9 10 When Board Member Cheek returned to the meeting, Chair Newell advised Board Member 11 Cheek that the Board found that all bidders had received the same information, and suggested 12 that ifhe still had a concern with the process, he should write a letter. Board Member Cheek 13 indicated that he would not. 14 15 The meeting was adjourned by consensus at 10:12 a.m. AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Mike Ellis 349-8424 ACM: Jon Fortune . SUBJECT Consider adoption of 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 and one tractor/ mower for the City of Denton Water/Wastewater Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3683-Interlocal Agreement for Heavy Equipment for Water/Wastewater Department with H-GAC awarded to Equipment Support Services in the amount of $140,296.64 for two backhoes and Landmark Equipment in the amount of $94,760.40 for one tractor/mower for a total award of $235,057.04). The Public Utilities Board recommends approval (7-0). FILE INFORMATION This contract is for the acquisition of two backhoes and one tractor with boom mower for the City of Denton Water/Wastewater Department as approved in the 2006-2007 budget process. A list and description of the equipment is shown below. Item Description Quant. Price Department 1 Backhoe, Case 590 1 $70,148.32 Wastewater Drainage 2 Backhoe, Case 590 1 $70,148.32 Wastewater Coli. 3 Tractor W /Boom Mower 1 $94,760.40 Wastewater Drainage Items land 2 awarded to Equipment Support Services in the amount of $140,296.64. Item 3 awarded to Landmark Equipment in the amount of $94,760.40. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board will consider this item at its December 11, 2006 meeting. RECOMMENDATION Award to Equipment Support Services in the amount of $140,296.64 for two backhoes and Landmark Equipment in the amount of $94,760.40 for one tractor/mower for a total award of $235,057.04. Agenda Information Sheet December 19,2006 Page 2 PRINCIPAL PLACE OF BUSINESS Equipment Support Services Euless, TX Landmark Equipment Irving, TX ESTIMATED SCHEDULE OF PROJECT Delivery of the units is estimated to be within 120 days of receipt of an order. FISCAL INFORMATION These units will be funded from the following sources: Department Account Number Amount Item 1 Water Distribution Item 2 Wastewater ColI. Item 3 Wastewater Drain. 635555.8535 645555.8535 645555.8535 $70,148.32 $70,148.32 $94,760.40 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote from Equipment Support Services Attachment 2: Quote from Landmark Equipment l-AIS-3683 Attachment 1 ~"D& .; CONTRACT PRICING WORKSHEET Contract EM06-05 Date For Standard Equipment Purchases No.: Prepared: :;:n::, ~City of Denton Contractor: 1Equipment Support Services, Inc. ;::~: ! Mike Ellis pr~;ed I Jim Rose 11/27/2006 Fax: 1940-349-8424 1940-349-8434 1 mike~ e llis@citvofdento n ~ com Phone: Ph Dne: Fax: ~ 817 -602-8322 !817-656-2577 ~ i i mocv iroseoQvsales. co m Emnil: Email: I p~:~:~ I F062 II De.eription, Case Model 590 Super M LoaderlBackhoe, 2WD, ROPS, 93" wi BOE, & 18" Bkt. li:~~li!tIJt~;li~"jiii~~~~li~~llli;litliiit;!~~lilllliliil;.~~f~t~~~:;~i~fu1~!i~:~I~~~!$i~;~~;i,i~~lflI;~~~j~~~~~;j;~~!1~f~~~~:~; $54,685.00 Des eri ption #879-9RC Ride Control ,. #879~9B"'E Backhoe Auxiliary Hydraulics #879-RA Cab Radio Cost Description $976.83 #879-2B Extendable Dipper Stick $1,618.48 $825.13 #879-5G ROPS Cab wI Heat & A.C. #879-6C Suspension Seat #879- 7C Flip Pads Cost $ 3,289.23 $ 5,004.05 $420~25 $478.68 I I Subtotal B: $12,612.651 : Subtotal From Additional Sheet(s): Description 1,000 hr. Service - Filters 3 yrj3,OOO hr~ Standard Power Train Warranty 24 n Backhoe Bucket (in lieu of 18 U) Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base utit Price plus Published Options (A + B). ~ For this transaction the percentage is: Cost Description Cost $264.00 Four Comer Strobe Lights $495.00 $654.00 900# Front Counterweight $276.00 $125.00 Subtotal From Additional Sheet(s); 1 t I Subtotal C: f $1,814.00 I ~ ~H~~iU~&~~f~~~D,~1~~~~.;i~~~~~MI!;!m.;~~~~_:~j~i;fttii"?:~~tt:@~:!J~~~1![i:i1~Z%t(f;It~enm~t~1~~f;:~;~1i.&~1.g~~~jtf;l;(t:~1'~'Jl;~~:M::;~i~~iitM;~:g~~f~li~:: Description Cost Description Cost I Subtotal D: $0.001 ~}:j!li~t~l~j~m~"~fti~$ii~*j,W&.~:j$4g:~ll!iji~m!$ilt*.~Wl&,.~g*P'1t~;~~;Im~Iji~,!~t;~~:~:~~~lmll;~~!1~~~fgtf:~[:1~4~~!:U:~~~~::iH!:;~;~K.;.H!.:fj~ Quantity Ordered: II 1 II X Subtotal of A + B + C + D: I $69,111.65 II = F Subtotal E: $69,111.651 i~:!lii!;:'t+:~,lijiR.;:~~~w'~jE~;OO~.i~:~1::'~![j~~m~~~ ~w~~~i~~~:ai{tii:~~~ii~jk!:~~~i~i11l1~ft~~fl{:if.0.~~~;~1~~j~~~~;f,f,~t~ri:t!~[;~~1~t~1w1rii~~~jf~:J Su bto tal F: $1,036.67 Description Cost Description Cost ,iD[lift1~~!~llil!il~1111i!I~~lj :'i'~::'~';:':':X::~". ,?:' ;":'.::: ;:.;:;~t1iii:~:;~:;~;:~!~i, ;: '. '":. ":::~!!;1 -:r+~ \~~.JJ)077/) (k~{ Subtotal G: $0.00 I! I $7~148321 wee}! 7lf ..,........ ... Attachment 2 CONTRACT PRICING WORKSHEET for MOTOR VEHICLES In The State Of Texas This Form must be prepared by Contractor, and provided to End User to attach to Purchase Order, with copy to H-GA C The H-GA C fee shall be calculated and shown as a separate line item. Buying Agenc : Con tact Person: ;k;--:-:-.-:-:---:-x-:-.... :--:-.-:- ~ >>:--::- .;-;.--x-;-:- ~X'-:->>...... -x---=- X>> -:-x-:- -:- ::: -=-:::-:---:-:-x-:- x-:- x -:-x-:- ::-::-:-.-=- CITY OF DENTON Contractor: LANDMARK EQUIPMENT CLARK Prepared By: RAY WATKINS Phone: 940-349-7124 Phone: 972-579-9999 Location City, Sta te: DENTON TEXAS Contract No,,: GROI-06 Da te: Tuesday, August 29. 2006 Product Code: 36A ...36 Product Descri tion: NEW HOLLAND TSl15A TRACTOR 2WD ROPS STANDARD EQUIPMENT . -:-~ -:-...:.. x ~x-:- ~ --=:!::.rt::~ ~-:::w... ...~>>~ ......-:wX'>>x :::~t~-:---= N:w.Nv..:- -:- ~ -:-:- -:-.-:---: ... :::~x'::-::-:-:::'::::: -=--.:-=- N ~-:- .:-:-:-:-x :::"'::::::~:r-:;-:---::::--:-:-.-:: ~ :..:-:-:-.-:-:::-:- ::::::~:-:.........:::...... ... -:-x::.x -.:::.-:-..-:-:-x-:--.:-:-...... -:- ~0-':"'-':"'''':-'-:-''''':-;-' -::.:::....:-..:-.,:.x.x -.: .-:-:-=-=t ~... ....:-.owow -:- ~:---:-~-:-:---:-... -:-...-:-:-.-:-"'-:- -:-.-:-x-:-:-.-:-----: "'r.:::~:::t~ ~"^: ~ N>> x-:-x-:-.x-:--.:-:-:::t~~~-:-~-:---:-:->> -:--.:...-:-.NX-:-.N:-- -:-x.,.:. ~ .;:~~<<~... B. Published Options (Itemize below and attach additional sheet(s) if necessary) Code Descri ption Cost Code Description Cost SN 15C4/200/0 1/301 $0.00 24 X 24 wi HI-LO /iJ.r !/" $900.00 301 HD FRONT AXLE $535.00 FACtORY CAB AC/HEAT $6,275.00 4 WHEEL DRIVE $7,500.00 $O~OO $0,,00 $O~OO $O~OO Subtotal From Additional Sheet(s): $0,,00 Subtotal B: [$ 15,210~OO I :mEGiH~rggmbFgnEUFMk4iilimgmEhgL ,. ^ ^ ~~t.,:;;~..,343t~sqEQWUUL4~muuhkhhll61 oo1l3ilitfiliillFb.mmkfHUW c. Unpublished Options (Itemize below and attach additional sheet(s) if necessary) Code Description Cost . Code OPTIONS AVAILABLE $0.00 AM / FM RADIO $300.00 $0.00 235 AIR RIDE SEAT $825.00 TINTED WINDOWS $450.00 Description RADIAL TIRES NOT AVAILABLE Cost $ ... " Subtotal From Additional Sheet(s): Subtotal C: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). For this transaction, the percentage is: $0,,00 D. Other Price Adjustments (E.G. Installation, Freight, Delivery, Etc.) $ $ $ Subtotal D: $ . w :~ N":~--= ~-.:...-.: ~-:: ~>>-.: ~.:;~ -:-~-.: :--::.-::~ -:-~ -:-N ~ ~ ~ :-.:;::=.:r...:::-:-..-:-:-....:: ~ w ...:-.~-:-....~ -:-~:-.~ ...x-:-.-:-:-::::::::::::::::::::::::::::":: ~-=:'::-.:-:--.:'" n... ~..:; -:-:-.-:-~:=:~ :-:::-:::::- :.:::::::::::::::-::::: ~:::::-.:: ...........; ~ ~ ~-:-v: ---::v..:::::::::::-:: ::-:::':::-:::::... :""-;.-::.::-.::... ...~ -:-.::-~ ::--:::::::.::-:::::::::-:r:;::::::::::::....... w w~.............. ---::-:::... ...:::.:B.-:-:---:- ...~ ......~ :::""w-:- E. Unit Cost of Item Before Fee & Non-Equipment Charges (A+B+C+D) Quantity Ordered -.:-:-x<< w ~-:-...-:-.x-:--=:.:: ~:::-=:.~-.:-:: ~; :-.>>~ -:-~ .........-:-:::::--.:::::::::.:::.::: ~:::..x:--:-:-.....-:- %:-.-:-x-:-x-:-... ...:-'-:-.NX:::"::* :!: ~:::-.:.::>>.......>>...-:-.-:-~"*->>....:-.N.......:-.-:-::::::<<:::::::!: ::::::~~-.:'" ::. N-':-:-~ -:---:-:--.:-:--:-..-::-;-.:w:- :::::::!....~::::;::...~~:-. "*--:---... ~ ...:--:..-'" ~:::-=::::ox::: ~ -:- x-:--.:::' -:-.::-.... .......~-=::~... -:-~>>" ~ -:-'-=::::'-=:'::::1 ~M >>:-.-:- -:-.N":::::-=:i:::: ":1:::-.:......... -:-:-. ... ......-:-:-. -':-:::... -:-................. X-=--':"i""*"":-'-:-:-'-:-:-'-:- -.:......:!:x:!:x-:-:::=::x $ 49,710,,00 X 1 Subtotal E: $ 49,710.00 F. H-GAC Fee Calculation (From Current Fee Tables) S u btota I F: $ 7 45~65 ...-=:~...-:- ~::::: ~":!::::; -:: <<-:- -:-x>>:-- ....:- -:-:-"t^ ::'::X::Sx":="X x-:- .-..x -:-x-:-.-.:-:---:-:- -=-::. -:-:--~::.~ 0:-.-:-..::......-::-:--:--:--:--.:-:--.: -.:-:--:: ~-:--.:-:- ~-:--.:::: :::.-:-~.x:: -:-...-:-...:-.-:-...-:--.:-:--.:............* ...:-.-:-:->>:---: -:-.--:-:- -:-:- -:-~-.:*.......-:-x-:-:- oW :::::::::::::::::-:-:-.::' -:- x -':<<X-:--M-:--':-:- -:-:- ~::: ~ -:-:-. :-.-:-x-:-x--:- -:-:-'-:-X-:-X:::::::!::::::::::...>>:--::. ...:-.-:--.:-:- -:-...::.-:-:-.-:-:-.-:-:-.::::=- ~ ~ :::...~ .........~ -:--:-...-:-:- -:-:: ~ ::--:-::..:-:-x-:- -.: ::: -:-:--:::-.: ~-.:-:--.:...-:-...-:- ~-:---:...:--:-.-:-....:-,-:-xow ~ ~-.:-:--.: ~x "="""* -:- :-. -:-...=:--:-x-:-:---:-x "'M G" Non-Equipment Charges (Trade-In, Extended Warranty, etc.) $ $ Subtotal G: $ ~-::X-:--.:-:->>...-:- x-:---:-:- ....::::::~ -:- ::.-:--:- ~-.:-:-x-:--::-:- :-.-:-.x-:-x-:- :---:-...-:- :::......~ -:-:-.-:-~... ~:-.-:-x-:-x-:--.:.......-:-x-:--.:-:--* ~.::-~ ~ ~ ~...-:- ~ ;:-:-~ -:-~ :-.<<-:-...-:- ...-:-x-:-x-:--.:-:-x:!:......x-:-..:-:-x-:-. >>...-:-x-:- ~-:-",-:--.:",,,,,,: ~..:-:-..::::-.:... :; ~ ~ ~... :-....::.ow-:-"=""="-:::-.-:-:-. :-'::-:::...~......<<-:-... -::-:: -:-x-:---:::............:-::x-:-::::::::::::::::-=::::.....:: ~-:-.........-.:-:--.:::.v..:--::::::::-:::-:-.....=:::::.... ~.::.-:-....... ~.......:-. ~...-:-... "':-'-:-:-':::::::::~:::1.... -:- ... ~... ~... -:-.x-:-:::::::.::::::.:!: :;t...:::............ -.:................:-. >>-.::::::: -:-~ -:-...-:-:-. X-:-'" :--... .... H. p ~ I Total :::::::dP~::v~E~::~: :2:0~:::5 5e2- f\e.,(+ ~ (Please Type, or Print Legibly) [) :r+.€A'Y\ \9 ~~078o CONTRACT PRICING WORKSHEET for MOTOR VEHICLES In The State Of Texas This Form must be prepared by Contractor, and provided to End User to attach to Purchase Order, with copy to H-GA C. The H-GA C fee shall be calculated and shown as a separate line item Buying A enc : Contact Person: CITY OF DENTON Contractor: LANDMARK EQUIPMENT RAY WATKINS CLARK Prepared By: Phone: 940-349-7124 Phone: 972-579-9999 Location City, Sta te: DENTON TEXAS Contract No..: GROt-06 Date: Tuesday, August 29, 2006 Product Code: IB Product Descri tion: ALAMO 25' AXTREME BOOM WI JOYSTICK CONTROL/60" BOOM AXE MOWER A.. Item Base Unit Price Per H-GAC Contract: .~..: ...~-:- :-..-:-:-.~ :-.--=-::::~ -:-x::: -:::::::::::::-.-:-:-.:!:~-:-~~:-.-:-~-:- -=--':"'-:: "^.....~ *"*"-:-:-.-:-:-.-:-x--:-:-:-:---: -:-...-:- ............~ -.:-=- ~......:-:-x-:- -:-:->>:L ::::::=-=:!::::~::::::-=::::....1::::.:::::!:(,,*4>> -:-~ -:-:--...... ....-:-"^"" ...>>:-.-:-:-.-:-:-..<<-:-:-....x-:--.:-:-:---:--.: ...-:--.: B. Published Options (Itemize below and attacb additional sheet(s) if necessary) Code " Description Cost Code Description Cost THE ABOVE PRICE INCLUDES ALL $0..00 $0.00 MOUNTING AND MAKE READY $0.00 $0.00 $0.00 $0..00 $0..00 $0..00 $0..00 Subtotal From Additional Sheet(s): $0."00 Su btota I B: $ - ~40i4s=gQillhlgntt!fgEL~i~~~~[~2lliir ~ ." ~Y < . - * hY' ili ~ _,H* <::suuuuumnUuwuqfFH-0ili14V:f ~~h~~~~~:-.~~&~~~~~c~~~~t~~~~ ;:l ~ C.. Unpublished Options (Itemize below and attach additional sheet(s) if necessary) Code Description Cost Code Description Cost OPTIONS: $0.00 $ $0.00 $ $ Subtotal From Additional Sheet(s): $ Subtotal c: $0.00 Check: Total cost of Unpublished Options (C) cannot exceed 250/0 of the total of the Base Unit Price plus Published Options (A+B). For this transaction~ the is: D. Other Price Adjustments (E.G.. Installation, Freight, Delivery, Etc.) $ $ $ Subtotal D: $ : ~ ~-:--':'" ~ >>~~N~ -:-:-.~-:- -:-:- ~ :-."*-~ ~ -:-~ ~ ~-.:-:-.-:-:-- ..-.:-.......:!: -:-...-:-x.::x-:-..:-:- ~ ~-.: ~-.:-:- ~-:-"*>>.-:-:-.-:-x-:-:---:-x-:-x-:- -:--.:::....-:-...-:- -:-:---:--::'-:-'~-.:""':: ~ :-.~....~...y.:.~... -:-:- ...~....~ -:-~ -.:-:-...-:--.:-:-......-.:...~ ......:-.~ ...-:-:-.-:-...-:-:-.~.... ~-:-x-:-~ -:-x-:--.:-:-...-:-... ~-.:-:-... ~......... ... ~ *--:-:-.-:-:-.-:-x-:-:---:-:-.~ :::-:-x::.:::-::-::::.-:-.-:--::-:-x-:-..--:-x-:--.:-:-...-:--.:::.x-:--:-::.-.:-:--::-:--:-.-:-x-:- -:-x-:-:;:-:-x-:-x-:-x-:-...-:-x X:::-'::::>>::::::... ...::::....:::::::::-.:::x-:-...-:-x-:- -:-:--::. -:-x::' M-.x.-::..:.......:-.,:.:..:.x-:-x-:-x-:->> -:-.x-:- -:--::-:-:::-:--::::::::::.:::::::::=:--:-::. ::'::-NX-:-X-:-:-:-:- E.. Unit Cost of Item Before Fee & Non-Equipment Charges (A+B+C+D) Quantity Ordered $ 43,650..00 X 1 Subtotal E: $ 43,650..00 ~ ::.:-.::::-:: ~ -:-:-.:::~ -:-:-.-:-~..-:.;. -:- -:- ::. ... ::. :-. ::.-:-:-.-:-:-.-:--.:-:--.: ~...-,:-:-...-:--:-~... ~-:- ........-:-...... ....:-...........~ -:-..........:-................ ........-:- N~:!: "-:-":.'t~.. :::.::-::.~:::::::: :::::::;:::::'::::::::::::::::;:::::::::'::x<<-:-"-:- ::'-::":--.:'; ~ ~-::.-::-:-..:-:-x-::x-:--.:-:-x<< ~-.: -:--.:...-.:<<.....-.:-=^"...-.:... -:--:-.-:-:-:-.::- N:-'~ ~:::-.:~.:::::::::::-.::::::::::::::: ~ -:-:-."* ::.~-=: ~...; -:-:- :-.::' -:-.::. -.:~>> -X-".:-:..:.a-.:-=^= ~ ---=--.:-"^:... -:----::--:.......:- :-.-:-.-. *--=-::::~-::.~~:::~ ~:::::::::::':::::1 ...:::..:.1:.-:-:- ~:!:x-:-:-.::::-.-:-v-:-...>>~-::.-.: -:---:--- -:- ~:-. ~ .:-.,:.x. ~ -:-:-.-:- ~-:-....x-:--.:-:-x-:--.:-:-...-:--.:-:-...-:-x-:-:--::. ... M ... F. H-GAC Fee Calculation (From Current Fee Tables) Subtotal F: $ 654..75 ~"='""" ~ ............>> :::-=:::".::-.:-:- ~-:-..: :-.~.:: -:-~:::-:--.: ~ ~ ~-.:..... ~ -:-:...x-:-x-:-x-:-:--::.x...-:-.......:-.......-:- ~ ~....:-.,..:-:- -:-.~....-.: -:-*-*-*--:-:-.-:-..:-:-:-.-:-x-:-x-:--.:-::- ~ ..-:-v-:---=---...... ........ ~-:- ~ ~.....:::-::....::-:::<<~~x..~x:::....;x :-- :<<-:-:::.::~ ::.....;~::.-:-:; -:-:-.-:-:-.-::x-:-...-:-x-:-x-:-x-:-x-:- ::.-=:-:- ...:-::.-:-:-.>>x-x-.-:-x-:-x-:-:---:-X>>-.:-:-:::::-............ ...:::x-:- -:-x:::::::::x-:-x::: ~-:-x::,x.::x-:- ...-:-" -:-::: :::-:-..:-:-..:-:-x-:- -:-x::':::-:--.:-:--:::::-:: x-:-x-:-x-:-x-:-:---:-x;:-x-::-=^-.:;:--.::::....--=-::-...~:-.~ ~.::-=:-:-.~.::-.:.::::;.::..:-:->>:::.::-.:-:--.:-:--.:-:-....;-.:-:- ~-:-.........-:- ::.....:::x-:-:-.-:-:-. :-.-:-:-.*-~ :--.....:-x x-:-..:-:-x-:->>"* G. Non-Equipment Charges (Trade-In, Extended Warranty, etc..) $ $ Subtotal G: $ ~-:- -:-::-;:-~ ~ ~ ::::::::.::-::.~ :::-=::::::-:::-:::":::::":":::":"::":"- ~ ~ ~ ~ ~; ~..::~ ......::.~;... :::.:.::-.:....:...:-. ~ ~-:-...-:- ~-:-" -:- ~-:-~... ~-:-~" nv-:-... ~ ~ ~ ~ ~ ~ ...:-.~ ~ ~~... ~ -:-~ -:-"... ~:::: ~:::-=::::~::: ~:::":":::::-:::":::::":" .::"::.::::-::- ~"::.::::-::...~~::: ~:;.::... ~";~..." :::.:.... "... " l'-"- ~ ...............M -:-...~...~ ...:-.-:-:-.-:-~ -:-x .......-:-.........:::~ -::::::::-=::::::::::::::::::::::::- .::::::::-.: ::;.;...-:--:- ~-.:..:-:- ~ ~x-:-.;.-:- ~-:-.;.-:-...-:-...-:-...u ~ ~~... w"":- w ~-:- ~......-:--.:-:-...:::...:::....::::::... :-. "'---:::::::;~-=:r~-:- -x-......-x-:.: ~-:--:-::: ~..:-::.::.-::x-:-":- :..:-:-:-::: ~x-:-x-:-x-:-:---:-:---:- x ::. H. p~c (Please Type, or Print Legibly) ~~ lCl D R.07~O oe-e.. f'w~ ov...~ Total Purchase Price (E+F+G): $ 44,304.75 Estimated Delivery Date: 120 DAYS ~ ORDINANCE NO. 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 AND ONE TRACTOR/ MOWER FOR THE CITY OF DENTON WATER/WASTEWATER DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3683- INTERLOCAL AGREEMENT FOR HEAVY EQUIPMENT FOR WATER/WASTEWATER DEPARTMENT WITH H-GAC AWARDED TO EQUIPMENT SUPPORT SERVICES IN THE AMOUNT OF $140,296.64 FOR TWO BACKHOES AND LANDMARK EQUIPMENT IN THE AMOUNT OF $94,760.40 FOR ONE TRACTOR/MOWER FOR A TOTAL AWARD OF $235,057.04). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. FILE NUMBER VENDOR AMOUNT 3683 3683 H-GAC/Equipment Support Services H-GAC/Landmark Equipment $140,296.64 $ 94,760.40 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the H-GAC, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by H-GAC, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to H-GAC, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated items, 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 ~~~D~ . 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 December 11, 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 on Monday, December 11, 2006 7 at 9:01 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, Phil Gallivan, Bob Bland, John Baines and 11 Randy Robinson 12 13 Ex Officio Members: 14 Howard Martin, Assistant City Manager Utilities 15 16 Absent: George Campbell, City Manager, excused 17 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 The Public Utilities Board has received background information, staff's recommendations, and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 3) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City 25 Manager or his designee to execute a purchase order through the Buy Board Cooperative 26 Purchasing Network for the acquisition of six trucks for the Water/Wastewater Department 27 and four trucks for Denton Municipal Electric by way of an Interlocal Agreement with the 28 City of Denton; and providing an effective date (File 3682-Interlocal Agreement for the 29 purchase of Utility Fund Vehicles awarded to Philpott Motors in the amount of$243,761). 30 31 4) Consider recommending adoption of an Ordinance of the City of Denton authorizing the 32 City Manager or his designee to execute a purchase order with the Houston-Galveston Area 33 Council of Governments (H-GAC) for the acquisition of two backhoes and one tractor/ 34 mower for the City of Denton Water/Wastewater Department by way of an Interlocal 35 Agreement with the City of Denton; and providing an effective date (File 3683-Interlocal 36 Agreement for Heavy Equipment for Water/Wastewater Department with H-GAC awarded 37 to Equipment Support Services in the amount of$140,296 for two backhoes and Landmark 38 Equipment in the amount of $94,760 for one tractor/mower for a total award of $235,056). 39 40 5) Consider recommending approval of an Ordinance of the City of Denton, Texas authorizing 41 the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton, 42 Texas and the Upper Trinity Regional Water District regarding the use of the right of way for 43 water pipeline improvements; and providing an effective date. (Shady Shores Road-Swisher 44 Road area) 45 46 Chair Charldean Newell, at the request of Board Member Bill Cheek, pulled Item 6 for 47 individual consideration. 48 49 1 Minutes from the Public Utilities Board Meeting 2 December 11, 2006 3 Page 2 of3 4 5 6 Board Member Dick Smith moved to approve Items 3 through 5 with a second from Board 7 Member Phil Gallivan. The motion was approved by a 7-0 vote. 8 9 ITEMS FOR INDIVIDUAL CONSIDERATION: 10 11 6) Consider recommending adoption of an Ordinance accepting competitive bids and awarding 12 a public works contract for the on-site roadway and finish grading and paving of the existing 13 prepared road sub grade at the City of Denton Landfill; providing for the expenditure of 14 funds therefore; and providing an effective date (Bid 3660-Landfill On-Site Roadway Finish 15 Grading and Paving awarded to Reynolds Asphalt and Construction Company in an amount 16 not to exceed $238,100.90). 17 18 Board Member Cheek recused himself at this time stating that as a representative of Jagoe 19 Public Company there was a procedural concern with the bid process. 20 21 Howard Martin, Assistant City Manager, stated that someone from the Purchasing Department 22 should be present to respond to questions from the Board and directed staff to see if Tom Shaw, 23 Purchasing Agent, or one of his staff was available. 24 25 Board Member John Baines motioned to table this item until an employee from the 26 Purchasing Department could be available to respond to questions from the Board 27 regarding this matter. Board Member Bob Bland seconded the motioned. The motion was 28 approved by a 6-0 vote. 29 30 Board Member Cheek recused himself from the meeting. 31 32 Board Member Smith motioned to remove Item 6 from the table for consideration with a 33 second from Board Member Bland. The motion was approved by a 6-0 vote. 34 35 Chair Newell stated that Board Member Cheek had expressed a concern with the paperwork 36 surrounding the bid and questioned whether all bidders received the same information. 37 38 Karen Smith, Senior Buyer stated that a third party engineering firm developed the specifications 39 and that Purchasing agrees there were some slight holes in the specifications; however, every 40 bidder was told to bid the document. When a bidder did ask for clarification, Purchasing did 41 send out one addendum to further clarify the document. 42 43 Board Member Smith asked if all bidders received the addendum. Buyer Smith answered that 44 they did and that this bid was no different than others; it was uneventful other than there was an 45 addendum. 46 47 Board Member Baines asked when the addendum was mailed. Smith replied it was mailed out 48 on the 28th and that Purchasing had verified all bidders had received the addendum. 49 50 1 Minutes from the Public Utilities Board Meeting 2 December 11, 2006 3 Page 2 of3 4 5 6 Board Member Robinson motioned to approve with a second from Board Member 7 Gallivan. Board Member Baines asked to amend the motion to suggest that Board 8 Member Cheek address his concern in writing. The motion was approved by a 6-0 vote. 9 10 When Board Member Cheek returned to the meeting, Chair Newell advised Board Member 11 Cheek that the Board found that all bidders had received the same information, and suggested 12 that ifhe still had a concern with the process, he should write a letter. Board Member Cheek 13 indicated that he would not. 14 15 The meeting was adjourned by consensus at 10:12 a.m. AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEPARTMENT: Fiscal Operations ACM: Jon Fortune 349-8535 SUBJECT Consider approval of a resolution reviewing and adopting the Investment Policy for funds for the City of Denton; designating an investment officer; providing a savings and a repealing clause; and providing an effective date. The Investment Committee recommends approval (5-0.) BACKGROUND In accordance with the Public Funds Investment Act of Texas, the City of Denton Investment Policy must be approved by the City Council at least annually. The Policy establishes investment parameters and guidelines for the investment program. It also designates the authorized investment officer responsible for the daily investment activity by the City. No changes are recommended to the current policy. PRIOR ACTION/REVIEW (Councils.. Boards.. Commissions) Investment Policy 403.06 was presented to the Investment Committee on Wednesday, December 13,2006. All Committee members voted for approval and recommended the Policy be submitted to the City Council for consideration. EXHIBITS 1. Resolution 2. Investment Committee Minutes Respectfully submitted: ~. ... ~.. . -'. .....:-. . .. ... :. ...".. Jon Fortune Assistant City Manager Prepared by: .,d~ (1 ~ Gary Calmes Interim Treasury/Tax Manager s: \OUT Do cuments\Resoluti ons\06\Resolution- Investment Policy Review.doc Exhibit 1 RESOLUTION NO. A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON; DESIGNATING AN INVESTMENT OFFICER; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the City Council passed Resolution No. 96-061 on October 15, 1996, which adopted an Investment Policy for FlUlds for the City, in compliance with the Public Funds Investment Act, 74th Leg., ch. 402, 1995 Tex. Sess. Law Serv. 2958 (Vernon) (TEX. GOV'T CODE Ann. Ch. 2256); and WHEREAS, by Resolution No. 97-026, passed by the City Council on June 10, 1997, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 97-077, passed by the City Council on December 16, 1997, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 98-0q7, passed by the City COlUlcil on December 15, 1998, the City's Investment Policy was reviewed and adopted; and WHEREAS, by Resolution No. 99-047, passed by the City Council on September 21, 1999, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2000-065, passed by the City Council on December 19, 2000, the City's Investment Policy was amend.~d; and WHEREAS, by Resolution No. 2001-072, passed by the City Council on December 18, 2001, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2002-055, passed by the City Council on December 10, 2002, the City's Investment Policy was amend~d; and WHEREAS, by Resolution No. 2004-008, passed by the City Council on February 3, 2004, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 2005-.008, passed by the City Council on February 22, 2005, the City's Investment Policy was amended; and WHEREAS, by Resolution No~ 2005-047, passed by the City Council on November 15, 2005, the City's Investment Policy was amended; and WHEREAS, the City Council desires to review the Investment Policy for compliance to the Public Funds mvestment Act, TEX.. GOV'T CODE ch. 2256, by the 79th Legislature; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1~ The City Council has reviewed the attached City of Denton Investment Policy, which contains the City's investment .policies and investment strategies for each of the funds under its control and hereby adopts the attached Investment Policy, which is made a part of this Resolution for all purposes. SECTION 2. The Assistant City Manager, Jon Fortune, and the Chief Finance Officer are hereby designated as the City's Investment Officers to perform the functions required of them. The Investment Officers are hereby authorized to perform the functions required of them under the Investment Policy and in accordance with TEX. GOY'T CODE ch. 2256 (Code) and shall complete the investment training required in accordance with the Code. SECTION 3. All resolutions or parts of resolutions in force when the provisions of this resolution became effective which are inconsistent or in conflict with the terms or provisions contained in this resolution are hereby repealed to the extent of any such conflict only~ The non- conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect. SECTION 4~ Save and except as. amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Resolution No~ 96-061, Resolution No. 97-026, Resolution No. 97-077, Resoluti9ll No~ 98-067, Resolution No. 99-047, Resolution No. 2000-065, Resolution No. 2001-072, Resolution No. 2002-055, Resolution No~ 2004-008, Resolution No~ 2005-008, and Resolution No~ 2005-047 shall remain in full force and effect. SECTION 5. This Resolution 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 F EDWIN M. S , CITY BY: Page 2 of2 CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 1 of 13 SECTION: FlNANCE POLICIES REFERENCE NillvIBER: 403.06 SUBJECT: INVESTMENTS INITIAL EFFECTIVE DATE: 02/17/87 LAST REVISION DATE: TITLE: INVESTMENT POLICY 06/97 9/99 12/01 1/04 12/05 11/97 12/00 12/02 2/05 L PURPOSE This policy shall provide the guidelines by which the City of Denton "City" will maintain the minimum amount of cash in its bank accounts to meet daily needs, and to provide protection for its principal and liquidity while receiving the highest yield possible from investing all temporary excess cash. This policy serves to satisfy the statutory requirements of defining and adopting a formal investment policy. The policy and strategy shall be reviewed annually by the Investment Committee and City Council who will formally approve any modifications. This investment policy as approved, is in compliance with the provisions of the Public Funds Investment Act of Tex. Gov't. Code Ann. Chapter 2256, hereinafter referred to as the "Act", as amended and effective September 1, 1997. II. SCOPE A. This Investment Policy applies to the investment activities of the City of Denton, Texas. The specific funds cited hereafter in Section lIB, shall be excluded from this Investment Policy. [All financial assets of all funds, including the General Fund and any other accounts of the City not specifically excluded in these policy guidelines are included~ These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR)~] These funds, as well as funds that may be created from time-to-time, shall be administered in accordance with the provisions of these policies~ All funds will be pooled for investment purposes. The strategy developed for this pooled fund group will address the varying needs, goals, and objectives of each fund. B. This policy shall not govern funds, which are managed under separate investment programs in accordance with Section 2256~004 of the Act. Such funds currently include; Employees' Retirement Fund of the City of Denton; the Firemen's and Policemen's Pension Funds of the City of Denton; other funds established by the City for deferred employee compensation; revenue bond reserve funds; and certain private donations. The City shall and will maintain responsibility for these, funds to the extent required by: Federal and State Law; the City Charter; and donor stipulations. w. INVESTMENT OBJECTIVE & STRATEGY It is the policy of the "City" that, giving due regard to the safety and risk of investment, all available funds shall be invested in conformance with State and Federal Regulations, applicable Bond Resolution requirements, adopted Investment Policy and adopted Investment Strategy. In accordance with the Public Funds Investment Act, the following prioritized objectives (in order of importance in accordance with Section 2256.005(d) of the Act), apply for each of the City's investment strategies: . POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I TITLE- INVESTMENT POLICY I .. REFERENCE NUMBER: . · .. 403.06 Page 2 of 13 A. Suitability - Understanding the suitability of the investment to the financial requirements of the City. Any investment eligible in the Investment Policy is suitable for all City funds. B. Safety - Preservation and safety of principal. All investments will be of high quality securities with no perceived default risk. Market price fluctuations will however occur, by managing the weighted average days to maturity for each fund type as specified. C. Liquidity - To enable the City to meet operating requirements that might be reasonably anticipated, the City's investment portfolio will remain sufficiently liquid. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. Short-term investment pools and money market mutual funds provide daily liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. D~ Marketability - Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement Historical market "spreads" between the bid and offer prices of a particular security type of less than a quarter of a percentage point shall define an efficient secondary market E. Diversification - Investment maturities shall be staggered throughout the budget cycle to provide cash flow based on the anticipated needs of the City. Diversifying the appropriate maturity structure will reduce market cycle risk. F~ Yield - Attaining a competitive market yield for comparable security-types and portfolio restrictions are the desired objective~ The yield of an equally weighted, rolling six-month treasury bill portfolio shall be the minimum yield objective or "benchmark". A secondary objective will be to obtain a yield equal to or in excess of a local government investment pool, money market mutual fund or average Federal Reserve discount rate. The first measure of success in this area will be the attainment of enough income to offset inflationary increases~ Even though steps will be taken to obtain this goal, the City's staff shall constantly be cognizant of the standard of care and the investment objectives pursuant to the provisions of the amended Act, Section 2256.006(a)~ The Chief Financial Officer shall avoid any transactions that might impair public confidence in the City's ability to govern effectively~ The governing body recognizes that in diversifying the portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented. The prudence of the investment decision shall be measured in accordance with the tests set forth in Section 2256.006(b) of the Act N. INVESTMENT STRATEGY FOR SPECIFIC FUND GROUPS Each major fund type has varying cash flow requirements and liquidity needs. Therefore specific strategies shall be implemented considering the fund's unique requirements and the following shall be considered separate investment strategies for each of the funds mentioned below. The City's funds shall be analyzed and invested according to the following major fund types.~ POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I TITLE. INVESTMENT POLICY .1 REFERENCE NUMBER: . · .. 403.06 Page 3 of 13 A. Operating Funds - Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity~ The secondary objective is to structure a portfolio, which will minimize volatility during economic cycles~ This may be accomplished by purchasing high quality, short-term securities, which will compliment each other in a laddered maturity structure~ A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated fmal maturity date of each security . B. Debt Service Funds - Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date~ Securities purchased shall not have a stated final maturity date, which exceeds the debt service payment date. A dollar weighted average maturity of 550 days or less will be maintained and calculated by using the stated final maturity date of each security. c. Debt Service Reserve Funds - Investment strategies for debt service reserve emergency and contingency funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate fund from securities with a low degree of volatility~ Securities should be of high quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate-term maturities .with stated fmal maturities not exceeding five (5) years~ Volatility shall be further contro lIed through the purchase of securities carrying the highest coupon available, within the desired maturity and quality range, without paying a premium, if at all possible~ Such securities will tend to hold their value during economic cycles. A dollar weighted average maturity of 650 days or less will be maintained. c~ Construction and Special Purpose Funds - Investment strategies for construction projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays~ The stated final maturity dates of securities held should not exceed the estimated project completion date~ A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated fmal maturity of each security ~ E~ Market prices for all public fund investments will be obtained and monitored through the use of Interactive Data Inc., an on-line data service or a similar qualified successor agency. v. INVESTMENT COMMITTEE Members - There is hereby created an Investment Committee consisting of the City Manager, Assistant City Manager, Chief Financial Officer, Mayor, and one member of the City CounciL. Scope - The Investment Committee shall meet at least quarterly to determine general strategies and to monitor results~ Included in its deliberations will be such topics as: economic outlook, portfolio diversification, maturity structure, potential risk to the City's funds, authorized brokers and dealers, and the target rate of return on the investment portfolio. POllCY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I TITLE: INVESTMENT POLICY .1. REFERENCE NUMBER: . .. 403.06 Page 4 of 13 Procedures - The Investment Committee shall provide minutes of its meetings. Any two members of the Investment Committee may request a special meeting, and four members shall constitute a quorum. The Investment Committee shall establish its own rules of procedures. VI. RESPONSIBILITY AND STANDARD OF CARE A. Delegation & Training - The management responsibility for the investment program is hereby delegated to the Assistant City Manager, who shall establish written procedures for the operation of the investment program, consistent with this investment policy.. Such procedures shall include explicit delegation of authority to the individual(s) responsible for investment transactions. The primary individual who shall be involved in investment activities will be the Chief Financial Officer. The Treasury & Tax Manager will have a support role. The Assistant City Manager and Chief Financial Officer are designated as investment officers, pursuant to section 2256.005 subsection f of the Act. Accordingly, the investment officers, who shall be the chieffmancial officer and the investment officer of the City for the purposes of Section 2256.008 of the Act, shall attend at least one training session relating to their responsibility under the Act within 12 months after assuming duties. These sessions and additional investment training sessions must be completed no less often than once every two fiscal years commencing September 1, 1997 and these fmanciaI officers shall receive not less than 10 hours of instruction relating to investment responsibilities. The training must include education in investment controls, security risks, strategy risks, market risks, and compliance with the Public Funds Investment Act. The investment training session shall be provided by an independent source approved by the investment committee. For purposes of this policy, an "independent source" from which investment training shall be obtained shall include a professional organization, an institute of higher learning or any other sponsor other than a Business Organization with whom the City of Denton may engage in an investment transaction. Thus, these independent sources will be training sessions sponsored by Government Treasurers Organization of Texas (GTOT), University of North Texas (UNT) , Government Finance Officers Association of Texas (GFOAT). No persons may engage in investment transactions except as provided under the terms of this policy and the procedures established by the Assistant City Manager. The Assistant City Manager shall be responsible for all transactions undertaken, and shall establish a system of control to regulate the activities of the Chief Financial Officer. The controls shall include a quarterly process of independent review by an individual or frrm designated by the Assistant City Manager, and an annual review by an external auditor. The reviews will provide internal control by assuring compliance with policies and procedures. The Assistant City Manager, Chief Financial Officer, Mayor, .City Council, City Manager and other Finance employees shall be personally indemnified in the event of investment loss provided the Investment Policies and Guidelines are folIowed.. B. Conflicts of Interest - All participants in the investment process shall seek to act responsibly as custodians of public assets. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.. C. Disclosure - Anyone involved in investing City funds shaH file with the Assistant City Manager and the Investment Committee a statement disclosing any personal business relationship and any material rmancial interest in a business organization that handle City of POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I TITLE' INVESTMENT POLICY .1: REFERENCE NUMBER: . · .. 403.06 Page 5 of 13 Denton investments. An investment officer has a personal business relationship with a business organization if: 1. The investment officer owns 10% or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; 2. Funds received by the investment officer from the business organization exceed 10% of the investment officers gross income for the prior year; or 3. The investment officer has acquired from the business organization during the prior year investments with a book value of $2,500 or more for the personal account of the investment officer. Any investment officer who is related within the second degree by affinity or consanguinity as detennined under the Tex. Gov't. Code Ann. Ch. 573 to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship with the City Council and the Texas Ethics Commission. D. Prudence - The standard of prudence to be used by the investment officials shall be the "Prudent Person Rule", as set forth in Tex. Gov't. Code Ann. Sec. 2256.006 and will be applied in the context of managing an overall portfolio: "Investments shall be made with judgement and care under circumstances then prevailing - which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." Investment officials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibilities for an individual security's credit risk or market price change, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. E~ Reporting Monthly - The Chief Financial Officer shall submit monthly an investment report, to the Investment Committee, that summarizes recent market conditions, economic developments and anticipated investment conditions. The report shall summarize the investment strategies employed, describe the portfolio in terms of investment securities, maturities, risk characteristics and other features. The report shall include total investment return to date and compare the return with budgetary expectations or projections. Quarterly - The Chief Financial Officer shall prepare and present to the Investment Committee and City Council a written report on the City's investment transactions for the preceding reporting period. The report shall: I) describe in detail the investment position of the City as of the end of the reporting period, 2) prepared jointly by all investment officers, 3) signed by each investment officer, 4) contain a summary statement of each pooled fund including a) beginning market value for the reporting period, b) additions and changes to the market value during the period; c) ending market value for the period; and d) fully accrued interest for the reporting period. The summary statement for each fund group must be prepared in compliance with Generally Accepted Accounting Principles (GAAP). 5) State the book value and market value of each separately invested asset at the beginning and end POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I. TITLE' INVESTMENT POLICY I REFERENCE NUMBER: . .. 403.06 Page 6 of 13 of the reporting period by type of asset and fund type invested; 6) state the maturity date of each separately invested asset that has a maturity date, 7) state the account or fund or pooled group fund for which each individual investment was acquired; and 8) state the compliance of the investment portfolio of the City as it relates to the investment strategy of the City and with relevant provisions of the Tex.. Gov't Code ch. 2256. Annually - Within one hundred-twenty (120) days of the end of the Fiscal Year, the Chief Financial Officer shall present a comprehensive annual report to the City Council on the investment program and investment activity. The annual report shall provide a separate quarterly comparison of returns and suggestions for improvements that might be made in the investment program. The City Council shall review and approve the investment policy and investment strategies at least annually and be documented by rule, order, ordinance or resolution which shall include any changes made" Compliance Audit - The City's external, independent auditor will conduct an annual review of the quarterly reports in conjunction with the annual financial audit. The results of the audit will be reported to City Council upon receipt The audit will review compliance with management control on investments and adherence to this po Hey. F. The guidelines of retaining records for seven years as recommended in the Texas State Library Municipal Records Manual should be followed. The Chief Financial Officer shall oversee the filing and/or storing of investment records" VII. SUITABLE AND AUTHORIZED INVESTMENT SECURITIES A. Active Portfolio Management - The City intends to pursue an active versus a passive investment management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade.. (Subsection E) B. Authorized Investments (per HB 2459 and Sections 2256.009 through 2256.017 of the Act)- Assets offunds of the government of the City of Denton may be .invested in: 1" Obligations of the United States of America, its -agencies and instrumentalities (maturing in less than five (5) years; which have a liquid market with a readily determinable market value; 2.. Investment - grade, direct obligations of the State of Texas (maturing in less than two (2) years); 3. Obligations of the States, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally recognized investment rating fmn, and having received a rating of not less than "AA" or its equivalent (maturing in less than two (2) years); 4~ Fully insured or collateralized Certificates of Deposit issued by state and national POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I TITLE' INVESTMENT POLICY ., REFERENCE NUMBER: . · . 403.06 Page 7 of 13 the National Credit Union Share Insurance Fund or its successor; secured by obligations described in 1 through 3 above, and that have a market value of not less than the principal amount of the certificates but excluding those mortgage backed securities as described in the Tex. Gov't. Code Sec. 2256.009(b). (maturing in less than one (1) year); 5. Fully collaterized direct repurchase agreements (whose underlying purchased securities consist of the foregoing) with a defined termination date secured by obligations of the United States or its agencies and instrumentalities pledged with a third party, selected and approved by the City through its Chief Financial Officer, other than an agency for the pledgor and deposited at the time the investment is made with the City. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled in Texas. Each issuer of repurchase agreements must sign a copy of the City's Master Repurchase Agreement (termination date must be 30 days or less); 6. Commercial paper that has a stated maturity of 270 days or less from the date of issuance and is rated A-lor P-I or an equivalent rating by at least two nationally, recognized rating agencies~ 7. a. Public Fund Investment Pools with a weighted average maturity of90 days or less. The pool must be approved (by resolution) by the City Council to provide services to the City. The pool must be continuously rated no lower than AAA or AAA-m or at an equivalent fating by at least one nationally recognized rating service. A public funds investment pool created to function as a money market mutual fund must mark to market daily and, stabilize at a $1 net asset value. b. To he eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (1) the types of investments in which money is allowed to be invested; (2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool; (3) the maximum stated maturity date any investment security within the portfolio has; (4) the objectives of the pool; (5) the size of the pool; (6) the names ofthe members of the advisory board of the pool and the dates their terms expire; (7) the custodian bank that will safekeep the pool's assets; (8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10) the name and address of the independent auditor of the pool; (11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I TITLE' INVESTMENT POLICY .1 REFERENCE NUMBER: . · . 400n6 Page 8 of 13 policies required for the entity to invest funds in and withdraw funds from the pool; and (12) the performance history of the pool, including yield, average dollar- weighted maturities, and expense ratios~ c. To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity~. (1) investment transaction confirmations; and (2) a monthly report that contains, at a minimum, the following information: (A) the types and percentage breakdown of securities in which the pool is invested; (B) the current average dollar-weighted maturity, based on the stated maturities of the pool; (C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year; (D) the book value versus the market value of the pool's portfolio, using amortized cost valuation; (E) the size of the pool; (F) the number of participants in the pool; (G) the custodian bank that is safekeeping the assets of the pool; (H) a listing of daily transaction activity of the entity participating in the pool; (I) the yield and expense ratio of the pool; (J) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular. 8. An SEC-registered, no load money market mutual fund which has a dollar weighted average stated maturity of 90 days or less whose assets consist exclusively of the assets described in section B.l. and whose investment objectives includes the maintenance of a stable net asset value of $1 for each share: furthermore, it provides the City with a prospectus and other information required by the SEe Act of 1934 or the Investment Advisor Act of 1940 and which provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 USC. Section 783 et. Seq.) or the Investment Company Act of 1990 (15 use Section 80a-l et. Seq~)~ 9. Other such securities or obligations which are authorized by the Act as approved by City Council upon recommendation of the Investment Committee. C. Prohibited Investments - The City's authorized investment options are more restrictive than those allowed by State law. Furthermore, this policy specifically prohibits investment in the following investment securities. 1. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal 2. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I TITLE' INVESTMENT POLICY I REFERENCE NUMBER: . '. 403.06 Page 9 of 13 3. Collateralized mortgage obligations that have a stated fmal maturity date of greater than 10 years. 4. Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes i.n a market index. D. Diversification - It is the policy of the City to diversify its investment portfolios. The diversification will protect interest income from the volatility of interest rates and the avoidance of undue concentration of assets in a specific maturity sector; therefore, portfolio maturities shall be staggered. Securities shall also be selected and revised periodically by the Investment Committee. In establishing specific diversification strategies, the two (2) following general policies and constraints shall apply: I. Risk of market price volatility shall be controlled through maturity diversification and by controIling unacceptable maturity extensions and a mismatch of liabilities and assets. The maturity extension will be controlled by limiting the weighted average maturity of the entire portfolio to 550 days. All long-term maturities will be intended to cover long-term liabilities. In addition, five (5%) percent of the funds in the portfolio will be liquid at all times. 2. The Investment Committee shall establish strategies and guidelines for the percentage of the total portfolio that may be invested in U.S. Treasury Securities, federal agency instrumentalities, repurchase agreements, and insured/colIaterlized certificates of deposit and other securities or obligations. The Investment Committee shall conduct a quarterly review of these guidelines, and shall evaluate the probability of market and default risk in various investment sectors as part of its considerations. 3. Risk of principal loss in the portfolio as a whole shall be minimized by diversifYing investment types according to the following limitations.. IIWestment 'hoe " of PortfoUo . u.s. Treasury NotesfBills U.S.. Agencies & Instrumentalities State of Texas Obligations & Agencies Local Government Investment Pools Local Government Obligations (AA) Repurchase Agreements Certificates of Deposit U..S. Government Money Market Funds U..S.. Treasury Notes & U.S. Agency Callables 100% 100% 15% 50% 10% 25% 100% 50% 35% . . . . . . . . By mstitution: Repurchase Agreements All Other Investment Pools No more than No more than No more than 10% 40% $10,000,000 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I TITLE' INVESTMENT POLICY I REFERENCE NUMBER: . · .. 403.06 Page 10 of 13 E. Security swaps may be considered as an investment option for the City. A swap out of one instrument into another is acceptable to increase yield, realign for disbursement dates, extend or shorten maturity dates and improve market sector diversification. Swaps may be initiated by brokers/dealers who are on the City's approved list. A horizon analysis is required for each swap proving benefit to the City before the trade decision is made, which will accompany the investment file for record keeping. F. All investments (governments or bank C.D.'s) will be solicited on a competitive basis with at least three (3) institutions. The Investment Committee can approve exceptions on a case by case basis or on a general basis in the form of guidelines. These guidelines shall take into consideration the investment type maturity date, amount, and potential disruptiveness to the City's investment strategy. The investment will be made with the broker/dealer offering the best yield/quality to the City. The quotes may be accepted orally, in writing, electronically, or any combination of these methods. G. Arbitrage - Due to the bond issuance sizes of which the City incurs on a regular basis, arbitrage should be addressed. The Tax Reform Act of 1986 provided limitations restricting the City's investing of tax- exempt General Obligation Bond proceeds and debt service income. New arbitrage rebate provisions require that the City compute earnings on investment from each issue of bonds on an annual basis to determine if a rebate is required. To determine the City's arbitrage position, the City is required to perform specific calculations relative to the actual yield earned on the investment of the funds and the yield that could have been earned if the funds had been invested at a rate equal to the yield on the bonds sold by the City. The rebate provision states that periodically (not less than once every five years, and not later than sixty days after maturity of the bonds), the City is required to pay the U.S. Treasury a rebate of excess earnings based on the City being in a positive arbitrage position. The Tax Reform restrictions require extreme precision in the monitoring and recording facets of investments as a whole, and particularly as they relate to yields and computations so as to insure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The City's investment position relative to the new arbitrage restrictions is the continued pursuit of maximizing yield on applicable investinents while insuring the safety of capital and liquidity. It is a fiscally sound position to continue maximization of yield and rebate excess earnings, ifnecessary. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I TITLE' INVESTMENT POLICY .1 REFERENCE NUMBER: . · . 403.06 Page 11 of 13 VIII. SELECTION OF BANKS AND DEALERS A. Depository - City Council shall, by ordinance, "select and designate one or more banking institutions as the depository for the monies and funds of the City" in accordance with the requirement of Tex. Loc. Gov't. Code ch. 105. The bank shall be selected primarily on "solvency and stability" and secondly, on rate of interest available9 The Chief Financial Officer shall conduct a comprehensive review of prospective depositories credit characteristics and financial histOry9 The bank shall be selected through a formalized bidding process in response to the City's request for proposal (RFP) outlining all services required9 The Investment Committee shall have the discretion to determine the time span for rebidding the banking services contract; however, a two year period will be the minimum length of time between bidding with a 5 year maximum period~ Banks and savings and loans associations seeking to establish eligibility for the City's competitive certificate of deposit purchase program, shall submit financial statements, evidence of Federal insurance and other information as required by the Chief Financial Officer. B. Investment Brokers/Dealers - The Investment Committee shall be responsible for adopting the list of brokers and dealers of government securities. Their selection shall be among only primary government securities dealers that report directly to the New York Federal Reserve Bank, unless a comprehensive credit and capitalization analysis reveals that other firms are adequately fmanced to conduct public business~ The Investment Committee shall base its evaluation of security dealers and financial institutions upon: 1. Financial conditions, strength and capability to fulfill commitments; 2~ Overall reputation with other dealers or investors; 39 Regulatory status of the dealer; 4. Background and expertise of the individual representatives~ The Chief Financial Officer shall conduct business with securities dealers approved by the Investment Committee or with banks selected as outlined in Vill. Furthermore, the committee must annually review this list of qualified brokers authorized to engage in investment transactions with the City. Investment Officers shall not conduct business with any fIrm with whom public entities have sustained losses on investments or whose name the Investment Committee has removed from an approved list C. Compliance - A qualified representative from any firm offering to engage in investment transactions with the City is required to sign a written instrument. This certifies that they have received and reviewed a written copy of the City's Investment Policy. The firm must acknowledge that it has implemented reasonable procedures and controls in an effort to preclude investments between the City and the firm that are not authorized by the City's investment policy. Approved brokers and dealers must complete Exhibit A and return it to POllCY/ADMlNISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I TITLE- INVESTMENT POLICY .1 REFERENCE NUMBER: . · .. 403.06 Page 12 of 13 the Chief Financial Officer. The City's investment officer(s) may not transact business from a person who has not delivered the required written instrument to the City. D. Diversification - To guard against default possibilities under these conditions, and to assure diversification of bidders, business with anyone issuer, or investment broker, should be limited to (40%) percent of the total portfolio at any point in time. In this way, bankruptcy, receivership or legal action would not immobilize the City's ability to meet payroll or other expenses. IX. PRINCIPAL PROTECTION AND SAFEKEEPING A. All banks' and savings and loan associations' deposits and investments of City funds shall be secured by pledged collateral with a market value equal to no less than 102 percent of the principal plus accrued interest less an amount insured by FDIC or FSLIC. Evidence of proper collateralization in the form of original safekeeping receipts held in the institution's trust department or at a third party institution not affiliated with the bank or bank holding company will be maintained in the office of the Chief Financial Officer all time. The Assistant City Manager, Chief Financial Officer or other authorized City Representative will approve and release all pledged collateral. Collateral will be reviewed monthly to assure the market value of the securities pledged exceeds investments and/or the related bank balances. The Committee shall request additional collateral in the event they deem that their deposits and investments are not sufficiently protected by the pledged collateral. B. Safekeeping procedures shall be established by the Investment Committee which clearly de:fme steps for gaining access to the Collateral should the City determine that the City's funds are injeopardy. Collateral safekeeping and substitution agreements will be a part of the procedure~ C. Collateral Defined - The City of Denton shall accept only the following securities as co llateral: 1.. FDIC and FSLIC insurance coverage. 2.. United States Treasuries & Agencies. 3. Other securities as approved by the Investment Committee.. D. Delivery vs. Payment - All transactions will be executed with authorized security dealers and financial institutions on a delivery-versus-payment (DVP) basis. That is, funds shall not be wired or paid until verification has been made that the Trustee received the collateral. The collateral shall be held in the name of the City or held on behalf of the City. The Trustee's records shall assure the notation of the City's ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall be delivered to the City. Securities will be held by the City's safekeeping agent, which shall be selected through a competitive process (RFP) or that agent's representative in New York City, or in it's account at the Federal Reserve Bank. E. Subject to Audit - All collateral shall be subject to inspection and audit by the Chief Financial Officer, or designee, as well as, the City's independent auditors. POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE I TITLE' INVESTMENT POLICY I REFERENCE NUMBER: . · .. 403.06 Page 13 of 13 X. MANAGEMENT AND INTERNAL CONTROLS The Chief Financial Officer, or designee, shall establish a system of internal controls, which shall be reviewed by an independent auditor. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, and misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees or Investment Officers of the City. Controls and managerial emphasis deemed most important that shall be employed include the following: Imperative Controls: Custodian safekeeping receipts records management Avoidance of bearer..fonn securities Documentation of investment bidding events Written confirmation of telephone transactions Reconcilements and comparisons of security receipts with the investment subsidiary records Compliance with investment policies Verification of all interest income and security purchase and sell computations Controls Where Practical: Control of Collusion Separation of duties Separation of transaction authority from Accounting and Record-keeping Clear delegation of authority Accurate and timely reports Validation of investment maturity decisions with supporting cash flow data Adequate training and development of Investment Officials Review of fInancial conditions of all brokers, dealers, and depository institutions Staying informed about market conditions, changes and trends that require adjustments in investment strategies. Exhibit 2 DRAFT AGENDA INVESTMENT COMMITTEE December 13, 2006 After determining that a quorum is present, the Investment Committee of the City of Denton, Texas will convene in a regular meeting, Wednesday, December 13, 2006, at 7:30 a.m. in the city manager's conference room, at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Members Present Perry McNeill, Mayor Jack Thomson, Council Member George Campbell, City Manager Jon Fortune, ACM Jeniffer Varlay, Interim CFO Staff Present Howard Martin, ACM Gary Calmes, Interim Investment Officer OPEN MEETING: 3. Review Investment Policy 403.06 and give staff direction regarding changes to policy. There was no discussion on this item. Board Member Jack Thomson motioned to approve with a second from Board Member Perry McNeill. The motion was approved by a 5-0 vote. AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEP ARTMENT: Solid Waste Department Howard Martin, 349-8232 .. ACM: SUBJECT Consider adoption of an ordinance of the Denton City Council approving and authorizing the Mayor to execute a First Amended Master Lease Agreement providing for the lease of two additional tracts of real property located at the City of Denton Landfill, by and between the City of Denton, Texas, as lessor and the Denton County Transportation Authority, as lessee; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (7-0.) BACKGROUND The City Council approved a Master Lease Agreement with the Denton County Transportation Authority (DCTA) at their meeting of September 20, 2005. The DCTA landfill leased area accommodated their needs at that time, but since then their operations have expanded, and recently additional leased area was requested by the DCT A for parking and for the construction of a maintenance building. During the past few months the DCT A has added bus routes to Dallas, and has purchased additional buses and hired additional bus drivers. An expanded parking area has been requested by the DCT A to accommodate parking for the additional buses and personal vehicles. The additional parking square footage requested for use by DCT A is approximately 51,000 square feet. DCTA has requested additional landfill area in which to erect a 40' x 60' metal maintenance building. This maintenance shop and accompanying ground area will enable the DCT A to provide bus maintenance services for their larger fleet. The additional maintenance area leased for this facility is approximately 20,125 square feet. OPTIONS The City Council may recommend approval of the First Amendment to the DCT A Master Lease Agreement, or they may recommend to not approve the amendment. RECOMMENDATION The city staff recommends approval of the First Amendment to the Denton County Transportation Authority (DCT A) Master Lease Agreement. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) The City Council approved a DCT A Master Lease Agreement at their meeting of September 20, 2005. The First Amended Master Lease Agreement between the City of Denton, Texas and the DCT A was discussed at the PUB meeting of December 11, 2006. FISCAL INFORMATION The DCT A has agreed within this First Amended Master Lease Agreement to reimburse the City of Denton for their site preparation costs to prepare the expanded parking area, the maintenance building construction site, and for the installation of parking lot lighting. Capital construction costs payable to the City of Denton total $39,720. The DCT A monthly lease payment to the City of Denton will increase $1,189 per month, bringing the new DCT A lease payment to $10,607 per month. Monthly lease payments to the City of Denton are provided within the First Amended Master Lease Agreement, page 2, (b) Article 3, Rent. EXHIBITS 1. Ordinance 2. First Amendment to Master Lease Agreement 3. PUB Minutes Respectfully submitted, A. Vance Kemler Director, Solid Waste Services ORDINANCE NO. 2006- AN ORDINANCE OF THE DENTON CITY COUNCIL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDED MASTER LEASE AGREEMENT PROVIDING FOR THE LEASE OF TWO ADDITIONAL TRACTS OF REAL PROPERTY LOCATED AT THE CITY OF DENTON LANDFILL, BY AND BETWEEN THE. CITY OF DENTON, TEXAS, AS LESSOR AND THE DENTON COUNTY TRANSPORTATION AUTHORITY, AS LESSEE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the City of Denton, Texas (the "City") and the Denton County Transportation Authority ("DCTA") having previously entered into a Master Lease Agreement (the "Lease") on September 30, 2005; approved by the City Council, wherein the City of Denton, as Lessor, leased certain real property located within the City of Denton Landfill, being three tracts of land in the G. Walker Survey, Abstract Number 1330, in the City of Denton, Denton County, Texas, totaling approximately 1~148 acres, together with access rights and certain leased facilities pertaining thereto, to DCT A, as Lessee, providing an opportunity for DCTA to conduct its operations from a location within the City of Denton, Texas; and WHEREAS, DCT A has requested that the City amend the Lease to include two additional tracts of real property for purposes of additional parking and for the construction of a maintenance building. The parties have negotiated a First Amended Master Lease Amendment (the "Amended Lease") concerning the City of Denton leasing to DCT A two additional tracts of land located within the City of Denton Landfill, located in the G~ Walker Survey, Abstract Number 1330, in the City of Denton, Denton County, Texas, which additional tracts consist of approximately 1.711 acres, together with access rights and certain leased facilities pertaining thereto; and WHEREAS, the City and neT A have negotiated a First Amended Master Lease Agreement, and now seek the approval of same by their respective governing bodies; and WHEREAS, the City Council deems it to be advantageous and in the public interest to enter into that certain First Amended Master Lease Agreement with DCTA, as lessee, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1 The City Council hereby approves and authorizes the Mayor, or in his absence, the Mayor Pro Tern, to execute the First Amended Master Lease Agreement by and between the City of Denton, Texas, as Lessor and Denton County Transportation Authority, as Lessee, in substantially the form of the First Amended Master Lease Agreement attached hereto as "Exhibit "A" and incorporated herewith by reference. SECTION 2.. The expenditure of funds, as provided in the First Amended Master Lease Agreement is hereby authorized~ 1 SECTION 3. A true and correct certified copy of this executed ordinance will be sent to the appropriate officials at the Federal Transit Administration by Mark Nelson, Director of Airport & Transit Operations of the City, immediately upon its passage and approval. 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 S :\Our Documents\Ordinances\06\First Amended Master Lease Agreement-COD and OCT A 2006.doc 2 THE STATE OF TEXAS ~ ~ COUNTY OF DENTON ~ FIRST AMENDMENT TO MASTER LEASE AGREEMENT THIS FIRST AMENDMENT TO THE MASTER LEASE AGREEMENT (this "Agreement") is made and entered on the last date of execution, but effective as of December 12, 2006, by and between THE CITY OF DENTON, TEXAS ("Lessor"), being a Texas municipal corporation and a home-rule city, and the DENTON COUNTY TRANSPORTATION AUTHORITY ("Lessee"), being a political subdivision and a coordinated county transportation authority created pursuant to Chapter 460, Texas Transportation Code. WHEREAS, Lessor and Lessee are the parties to that certain Master Lease Agreement dated September 30, 2005 ("Master Lease") pertaining to certain leased premises, known as Tracts I, II, and III, consisting of 1.148 acres of land, more or less, such real property being more particularly described by metes and bounds in the Master Lease (the '{Leased Premises"). The Leased Premises are located in the City of Denton Landfill, City of Denton, Denton County, Texas. WHEREAS, Lessor and Lessee desire to amend the Master Lease to add two (2) additional tracts of real property which will consist of a second bus and employee parking area and a temporary maintenance facility for Lessee, consisting of 1~71 acres of land, more or less, being Tracts IV and V, including an additional 35' by 255' tract of land abutting Tract V, such real property being more particularly described by metes and bounds in this Agreement; said premises are located in the City of Denton Landfill, City of Denton, Denton County, Texas; together with such other amendments to the Master Lease as are set forth more particularly below. NOW, THEREFORE, for and in consideration of the matters set forth herein, and the mutual promises of the Lessor and Lessee, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Lessor and the Lessee do hereby agree as follows: 1~ Effective as of December 12,2006, the Master Lease is hereby amended as follows: (a) Article 1, Lease Premises, is amended to add the two (2) following tracts of land: (i) that certain 0.462 acre tract of land which is legally described in Exhibit "E" attached hereto and incorporated herein by reference for all purposes, and the improvements thereon (being "Tract IV"), and also referred to herein as "Maintenance Area No.2"; upon which Lessee will construct a metal maintenance facility; all at Lessee's cost and expense; and (ii) that certain 1.044 acre tract of land which is legally described on Exhibit "F" attached hereto and incorporated herein by reference for all purposes ("Tract V"); together with and also including a certain 35-foot by 255-foot strip of land being immediately contiguous and adjacent to the south of Tract V, Page 1 98AGRE 10782 Exhibit 2 consisting of8,925 square feet or 0.205 acres of land, more particularly depicted in Exhibit "G" attached hereto and incorporated herein for all purposes, said Tract V totaling approximately 1.249 acres of land and the improvements thereon (also referred to herein as "DCTA Parking Area No.2"). (b) Article 3, Rent, Sections 3.1, 3~2 and 3.5 are amended to read as follows: "Section 3.1 Rental in Initial Term. On or before the first day of each month during the Initial Term, effective as of December 12, 2006, Lessee shall pay to Lessor rent in the sum ofTen Thousand Six Hundred Seven and Noll 00 Dollars ($10,607.00) per month." "Section 3.2, Rental in Extension Terms. If Lessee exercises its right to extend the Initial Term of this Lease in accordance with Section 2.2 herein, beginning on or before the first day of the applicable Extension Period, which shall be December 12, 2008 and December 12,2009 respectively, Lessee shall pay to Lessor the sum of Six Thousand Four Hundred and Eighty-Nine Dollars ($6,489.00) per month." "Section 3.4 Holding Over. The Term of this Lease (including the Initial Term and each Extension Term if exercised as provided herein) shall expire no later than September 30, 2010. However, if Lessee does not vacate the Premises upon the expiration of the Term, the Lessee's occupancy of the Premises shall be a rnonth-to- month tenancy, subject to all terms of the Lease applicable to amonth-to...month tenancy, except the monthly rental during such tenancy shall be Ten Thousand Nine Hundred Fifty Dollars ($10,950.00) per month, on a month to month lease, plus any additional sums agreed to in writing by the Parties hereto between the effective date of this Agreement and the expiration of the Lease Term, and shall be due and payable beginning on December 12, 2010 and shall be due and payable thereafter on the first day of each month until such tenancy terminates; however, if such tenancy ends on a day other than the last calendar day of the month, the rental for any fractional calendar month of the tenancy shall be prorated by days." (c) Article 5, Use and Enjoyment Section 5.1 Pennitted Use, Subsection (c) is amended to read as follows: "Lessor further covenants and warrants that there are no restrictive covenants, zoning ordinances or other laws, regulations or ordinances (federal, state, or local) which will at any time prevent Lessee, or its officers, employees, customers, invitees, contractors, guests, or agents, from conducting full and complete DCT A Bus Operations on the Premises, including, without limitation, parking, operating, maintaining, repairing, servicing and administering DCT A Buses and/or other DCT A owned, leased or rented vehiclesf If at any time during the term of this Lease, the Use of the Premises for the described purposes, including the Use of the Bus Parking Area for vehicular driving or parking, should ever be prohibited or prevented by any restriction, ordinance, law, regulation, decision, or otherwise, Lessee shall have the right at any time thereafter to terminate this Lease by giving thirty (30) days written notice to Lessor in accordance with Article 13 below, whereupon Lessee shall be immediately released from any further Page 2 98AGREI0782 obligations of any kind which would otherwise accrue hereunder upon Lessee except as provided in Section 3.5 hereof." (d) Article 5, Use and Enjoyment, Section 5.1 is hereby amended to add the following subsections 5.1(d) and 5.1(e): "( d) Tract IV, including the metal maintenance building to be constructed thereon, shall be utilized by Lessee for the maintenance and repair of any vehicle or bus that Lessee may own, lease, rent or use, now or in the future, including, without limitation, all necessary building sites, building pads, structures, lighting, such utility connections as are obtained by Lessee (including, but not limited to water, sewer, gas, electric, telephone, cable, fiber optic or other communications access or cOlUlection) being collectively referred to as "Maintenance Area No.2." All utilities connections are to be requested by and put in the name of Lessee, and all associated costs and rates are to be paid directly by Lessee." "(e) Tract V, including the Bus Parking Area and Employee Parking Area thereon shall be utilized for parking and storage of Buses and Lessee employee vehicles whether these buses or vehicles are owned, leased, or rented by Lessee, its employees or agents, collectively referred to as the "DCTA Parking Area No.2." Lessee shall park its appropriate vehicles and employee vehicles so that Lessor's Solid Waste Department employees have sufficient parking for their personal vehicles in the parking lot that is situated immediately East of the Solid Waste Administration and Operations Building." (e) Article 6, Maintenance, is hereby amended to read "Article 6 Maintenance and Improvements" and a new Section 6.4, 6.5 and 6.6 is hereby added, to read as follows: "Section 6.4 Improvements to Tract IV. Lessor shqll prepare the area within Tract IV for Lessee to construct a metal maintenance building" This site work preparation shall include, but not be limited to: clearing, initial grading, and pad stabilization; the addition of a 3/4" layer of compacted limestone rock for the twenty (20) foot wide driveway and exit from the east side of the maintenance building; curving around to the general vicinity of the northeast corner of the existing maintenance building's perimeter apron; Lessor shall also place compacted rock in an area approximately sixty (60) feet by fifty (50) feet, located east of the existing maintenance building and south of the newly constructed metal maintenance building. Lessor shall commence work on the site work improvements upon approval of this First Amended Agreement by the governing bodies of Lessor and Lessee, and upon receipt from Lessee of the additional sum of $3,500400 for the site work improvements." "Section 6.5 Improvements to Tract V. Lessor shall provide parking lot and ancillary improvements to the DeTA Parking Area No. 2~ Lessor shall also perform additional site work and construct certain improvements on the Premises necessary for Lessee to enter upon and to utilize Tract V as the DCTA Parking Area No.2. The parking lot improvements, site work improvements and other ancillary improvements are: installation of an IS-inch diameter culvert and parking lot egress pathway to the existing Page 3 98AGRE 10782 road on the eastern border of the proposed DeTA Parking Area No.2; and construction of a six (6) foot wide pedestrian gravel pathway that is wide enough to acconunodate the use of a golf cart, and containing an appropriately sized drainage culvert in the storm water drainage ditch, with the location of same to be between the DCT A Parking Area No.2 and the temporary office building (the Bus Administration Office. ) Lessor shall commence work on the site work improvements upon approval of this First Amendment Agreement by the governing bodies of Lessor and Lessee, and upon the receipt of the sum of$35;143 for the site work improvements from Lessee. Lessor and Lessee have also agreed that Lessor shall direct Denton MWlicipal Electric to connect to an existing metered power line and extend power to provide two (2) pole- mounted 500 Watt street lights along the north side ofDCTA Parking Area No.2, which are a direct benefit to Lessee. Lessor shall commence this work when the Lessee's and Lessor's Board of Directors approves this Agreement and when Lessee makes payment to Lessor of an additional tenant improvement expense in the amount of $1 ,077 for the cost of the two street lights and the labor performed by Lessor in installing said street lights. Lessor and Lessee agree that for the provision of monthly lighting services, presently in the sum of $71.60 plus any additional changes made by the Lessor in the Electric Base Rate and/or Energy Cost Adjustment, will be contracted with and paid directly to Denton Municipal Electric (DME) by Lessee. Lessor and Lessee agree that, pursuant to Sections 6~4 and 6.5, there are three elements of work for which Lessee will be billed $3,500, $35,143, and $1,077, accordingly (totaling $39,720), which will be payable by Lessee to Lessor prior to the commencement of the work." "Section 6.6 Maintenance of Rock Surface Areas~ Upon Lessee's written request to Lessor to perform repairs or maintenance work or upon Lessee's other requirements to the rock surface areas within the DCT A Leased Premises, Lessor shall inspect the identified areas and prepare a \Vfitten cost estimate to repair or maintain the areas and shall deliver same to Lessee for review and determinationf Lessor shall use an initial rate of $85.75 per hour for motorized grader equipment in calculating their cost estimate. The written cost estimate shall be sent electronically to Lessee's Contract Administrator and authorization to proceed with the work shall be deemed approved if Lessor receives no electronic or written denial within 72 hours of the issuance of electronic cost estimate. " (f) Article 8, Premises Return, is amended to read as follows: "Section 8.1 Premises Return. Lessee agrees to return the Premises at the conclusion of the Lease Term, or upon earlier termination, in a condition reasonably similar to that in which Lessee received said Premises, save and except for ordinary wear and tear~ Provided, however, upon expiration of the Lease Term, or upon earlier termination, Lessee shall transfer the temporary maintenance buildings~ including all permanent fixtures and subsystems contained therein to Lessor. All portable equipment and non- fixtures, including but not limited to~ bus maintenance equipment, air compressors, Page 4 98AGRE 1 0782 hoses, hose reels, lifts, jacks and tire changing equipment shall be removed from the Premises by Lessee within thirty (30) days of lease termination." (g) Article 10, Right of Access, Section 10.1 is hereby amended to include the following: "That F oster Road, which is referred to in Article 1 0 of the Master Lease, respecting the right of access, has been relocated in the period of time since the execution of the Master Lease. The right of access shall instead be from the landfill entrance road." (h) Article 13, Notice, Section 13.1 is amended to include the following: "Notice to Lessee shall include a copy to: Nichols; Jackson, Dillard, Hager & Smith, L.L.PI Attn: Peter G ~ Smith 500 North Akard, Suite 1800 Dallas, Texas 75201 Phone: (214) 965-9900 Fax: (214) 965-0010" (i) Article 14 Waiver Section 14.1 is amended to read as follows: "Section 14.1 Waiver. No failure by either party to this Lease to enforce any term of this Lease shall be deemed to be a waiver~" 2. Except as amended by this Agreement, the terms and provisions of the Master Lease shall remain unchanged and shall remain in full force and effect. 3 . This Agreement may be executed by facsimile signatures and in several counterparts, and by the parties hereto in separate counterparts, and each counterpart, when so executed and delivered, shall constitute an original agreement, and all such separate counterparts shall constitute but one and the same agreement. 4. In the event of any inconsistency between this Agreement and the terms of the Master Lease, this Agreement shall govern~ 5 ~ This Agreement shall be binding upon and inure to the beneJit of the parties hereto, their representatives, successors and assigns. 6. This Agreement embodies the entire agreement and understanding between the parties with respect to the matters specifically addressed herein and supersedes all prior agreements, consents and understandings with respect to such subject matter ~ IN WITNESS WHEREOF~ this Agreement is executed on the date(s) indicated below and effective as of December 12, 2006. Page 5 98AGREl 0782 APPROVED AS TO LEGAL FORM: e~Q~ Peter G~ Smith, G neral Counsel ATTEST: J ellllifer Walters, City Secretary APPROVED AS TO LEGAL FORM: Page 6 EXECUTED on ...-12, ~o,._Lv- ~ 2006. LESSEE Dent?~c ~ounty Transportation Authority -- - ---.... EXECUTED on December -' 2006. LESSOR City ofDenton~ Texas A Texas MlUlicipal Corporation By: Perry R. McNeill, Mayor 98AGRE 10782 EXHIBIT LIST: A- Tract 3 Maintenance Area, .428 of an acre B- Tract 2 Parking Area, .519 of an acre c- Tract 1 Office Area, .201 of an acre D- Overall Site Plan, Denton Solid Waste Facilities E- Tract 4 Maintenance Area No.2, .462 of an acre F- Tract 5 Bus and Employee Parking Area No.2, 1.044 acres of land G- Tract 5 Drawing of entire Bus and Employee Parking Area No.2, 1.249 acres of land Page 7 9SAGREI0782 Exhibit "E" Legal Description of Tract IV 98AGREI0782 Coleman & Assoc. Land Surveying P.o~ :&7c 6'26 Dentotl, ~ 7~2 Plume i94(i)5f55.S215 FiU ~800 TJlI.~t Four - M~ Area. :1 OA62 of an wo of land FrELD NOTES m all. of I:hit certain tract of !and sl~ted in "the G. Walker SutwJy Abttract Numbe.t 133~ CIty ()fDtnt~ ~ CuunW. T~ and b~ a part of the :calkd 1 S3SS acre tract descnW in d:te deed in City oJ DeIrtOO rcootdtd in. Volume 1177, Fage 199 Dfthe Deed R<<tlTds ofDe.ntou Cou.ntyf Tens.. part tiC Lot 1, Bluck 1) ftecan Q-eck Water W6&$I:: l@1awUon Plan1 Addition U ~ by tbJ:; Plat wttof lee(lfdcd h Cabinet H, Page 20:9 of tho }llat.R'CtOld3 ofDen1on CounIy, Texas and part ofthc. temIrinder of the called 114.1liClC Thtct One ~ il11he deed to tha City of1>=ton rceo:rded in Votmne 11 TI ~ ~ 166 of the: said 'Real Propcfty ~; the subjec.: Tract being more: :pa;rtkullUly de$m'bcd -as follows ~ buis is. TeD! Coordina~ System of J983J 'North Ccntml Ztmt4202 bD$td 04 GlS ties to City of De:o:ton Landfi11 Geodetic c.onU'Ol); DE-GINNlNO fot tha Nort.1aw-est comer (if thn trod; bciug dtscnbed herein at a 112 mro iron: rod with a yeUow plastic: oap ~ $l:COUM.AN RFLS 4001" fonnd at tlm Northeast cornu of.l1 Wled. OA18 acto Maintcnmce.Area Tract'I'hree awl bcma Swth 88 Deg.teeS 09 MInuEtS 42 Setonds East it ~ of 155.1 net and North OJ Degrees 35 Minutes 16 Seconds Em a distanee of 4g-~3 :ft:ct from. a 112 inch iron rod mth a ~l1ow plastic cap stamped "COtEMAN:RFts 4OOJ-- found 4t lUl anglo point b1 the Natth line- D! the City ofDenron l.andIDl Pmnit.Bt.mndary: THENCE South sa Degtet:$ 34 Minutes 34 SeCODdt ~t ahmg 1ho North edge of a eonerete puking lot &etOis lbt ) I Block 1 a distance' of 146.0 :u:ot to a If.! inch iron rod wiIh a. yclkiw plastic cap stamped WCOLEMAN RPLS 4001'~ set (herein ~ tdctnd 10 il!I 112~1RS) tor the N~ conmr of the ~ d~ tract; 'I1~ Souili 01 Uagrea 13 Mhmtes 19 Seconds West across 'UnIt Block 1 ~ at K distance of 51.2 fed the North line of ~ City of Dell.IDn Landfill Ptnnit ~ and continrring iIlCft)I$ 1M Aid 114~1 aele ~ in nUt a total d~ of 10340 tbct 10 lJ 112"IRS for the ~ C;0lIKtt of the .he:reirt descnW ttt1ct; ~ South 65 D~.ar{l:~ 2S Minutes. 53 Seconds West ~O&i the 114.1 acto !mGt a ~ of 139.8 feet to a nail m at fuc ~ of a co.ncMO pa:d;jpg lot; 1'HENCB Nortb 8~ Dcgn:es 40' }.1inute3 36 Seconds Wtst atoog the edge of~ said patking lot ac:nm the 114.1 acre tmet a distanee of20.0 feet to a 112 InCh iron rod fbund at the Sw1heast eomel ofthc laid OAU acre Maintcn:mce.Arta Tract Three.: Exhibit "F" Legal Description of Tract V 98AGREI0782 ...-----n-.-'1' Coleman & Assoc_ Land Surveying p~o~ }\ox 68U . lXutot; Twu 1~ Pb(lUe W4Q)5&5.a21S FlU; CP40)$65.9ilOO Traet Five - Parking Area 1.044 acres oftand FIBLD NOTES to an of that certain tmct ofland situattd in the G. Walker Survey AWtract Number 1330~ City ofOttiton, Denton County Texaa and bmlg a pttt of tho cal1cdS~QO lfCfe 7taet 1 deseribed in the dMd to the City o,f Demon rewrded under CJetk~t Fi>> Nu:mber 9J..1t.OQ6Q11,l of the Real Prqtmy Reconh of Denron County) Texas and pan of 1M ea11td S~OO lltle tmt dowtOtd in the 4eed. to the City of Dentoh t~ ttnder CJ~ F.de Number 93.R0014108 bf t:M said Rm.PropcIty Rteorm; tM sn'bj~t Tmct being :mote partiCUlarly described as fol]O\VS {Bearings basis is ~ Coordintrtt System of 1983. North Centtat ,Zoue..42(}2 haled on GPS ties to City ofDentou Landfill ~ ~; liEGlNNING at the NMtheasl ~ nfthe 1nct being ~ hi:!tin a.t a ll! ittch iron rod with a yellow plastic edl' st:unped <<coleman lU'LS 4001" ut {h<<eh1 aftct tttmed to as lI2IR.S} _d beinft; NOIth 88 Degrees 17 Minutes 16 Seconds West a distanl::e of 618.0 feet Sooth 01 Degtet$ 14 Minutes 09 ~ West it di!bmce of 27(t6 feet from a la incl1 item ud with a yellow plastic cap ~ ~kman RPLS 4001ito round t9: au mp point in 1be North line o!1he City f)t~ LtmdfiIl Ponn!t Boundaxy; TfIBN'CB South 01 Degrees 34 Minutes 09 $e(ond$ W6$t ~!$1he 5.00 acre Ttact 1 a di$mnce of 164~ .ftet to a 112-IRS for 1he Southeast COrnet ~f tho he:rein. de$eribed tr.ttet; THENCE North 38 Deg:rec$ 47 Minutu 11 Seconds \VCIt atl(lS51bc 5.00 acre tract 1 ~ tho Wdtt Jiue theteot and the Bast line of tho saId S.OOl acre tractand canm:rwng along the same couue. in ~ a totd distmc-o of 276. 0 feet to a 1121RS for tho SouthWClt ~ oftM betoirt described. ~I; THENCE North 01 Dtgrc& IS..M.i.nutts 16 Suonds East aaou the SJ)Ol i.ta trxt -a distance of 164.9 r~t to a ll2~'ms 1M the. "Nmthwest ~ of~ ~in desaibed u.cl; nmNCH 800m 88 Degr* 47 Minutes 11 Seconds Etit aeron che S~OOJ atte tract ~ the :Batt Hoe theroof ud the West line: of!be 5.00 ~ Trut 1 "~ a1@l thO' mme couac~ in an, a total distance of275.9 feet to PLACE. OF DEGINNlNO and mtlosing 1.004 acJ'C$ ofl:anri Exhibit "G" Legal Description of Strip of Land Contiguous to Tract V 98AGRE 10782 DCTA Bus And Employee Perking Area NO.2 Landfill Road Draina ge 255~ ....,IIi: m ~ Landfill Road T~ :' ~<^ ~: ;"~""' , ,::~:~: ;~:~:~"~t::i:::;::: <' ~!1: -: < ~~~;" ~ i<":";:: ::;iG: ~ f~~ :p;~;:: j~G!~!~: :::( ^ ;~~1::; (~~, q: N A Landfill Road ~ ::; Q.. 5 ::0 o C) (2.. ,~i;^ 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 December 11, 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 on Monday, December 11, 2006 7 at 9:01 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, Phil Gallivan, Bob Bland, John Baines and 11 Randy Robinson 12 13 Ex Officio Members: 14 Howard Martin, Assistant City Manager Utilities 15 16 Absent: George Campbell, City Manager, excused 17 18 OPEN MEETING: 19 20 ITEM FOR INDIVIDUAL CONSIDERATION: 21 22 8) Recommend approval of the First Amended Master Lease Agreement by and between the 23 City of Denton, Texas and the Denton County Transportation Authority regarding the rental 24 of additional tracts of land by the city located at the city's solid waste landfill. 25 26 Vance Kemler, Director of Solid Waste, presented this item stating that DCT A has, over the past 27 few months, added bus routes to Dallas, purchased additional buses and hired additional bus 28 drivers and now needs an expanded parking area for the buses and personal vehicles. DCT A has 29 also requested additional landfill area in which to erect a 40' x 60' metal maintenance building, 30 which will become the property of the City when DCTA moves to a permanent location. 31 32 Board Member Gallivan asked the length of the agreement. 33 34 Kemler replied it was a 3-year lease with an option for 2-year renewals. Kemler stated while the 35 option was there for extension of the lease, it was hoped the lease would not be longer than 5 36 years. 37 38 Board Member Smith requested that backup for future amendments include the original master 39 agreement. 40 41 Board Member Bland motioned to approve with a second from Board Member Cheek. 42 The motion was approved by a 7-0 vote. 43 44 The meeting was adjourned by consensus at 10:12 a.m. Exhibit 3 AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEPARTMENT: Police ACM: Jon Fortune ff SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to sign an Interlocal Agreement between the City of Denton and the University of North Texas for the enforcement of parking regulations by the University of North Texas; providing for a severability clause; and providing for an effective date. BACKGROUND The City of Denton has had a longstanding interlocal agreement with the University of North Texas Police Department (UNT) allowing them to enforce parking regulations on certain streets that are adjacent to campus. In 2001, this interlocal agreement was amended as a part of the Fry Street Small Area Plan. Under the Small Area Plan, UNT took over enforcement of the parking meters on Fry Street, Hickory Street, and Avenue A. The metered parking spaces on these streets were being utilized by students, thus impacting their availability to customers of the area businesses. The University began enforcement of the meters and the change produced the intended results. These meters are serviced and maintained by a third party vendor who retains half of the meter money for operating expenses. The University retains the remaining meter money and any fines collected for parking violations. The current meters include some one-hour and some two-hour time limits. The local merchants and the Fry Street Development Corporation prefer the one-hour meter time to ensure availability of the parking spaces for their customers. City staff and UNT Police Department staff agreed that the two-hour meter time defeated the intent of the Small Area Plan. Further, they found that the third party vendor no longer had a valid contract to service and maintain the meters. The UNT Police Department already services and maintains parking meters located on their campus. They propose to terminate the services of the third party vendor and extend their service and maintenance to the meters on Fry, Hickory, and Avenue A. Through interlocal agreement, they will remit 1/3 of the gross parking meter revenue (not including fines collected for violations) to the City and retain the remaining revenue to cover their operating costs. Based on the 2005 meter revenue, the City would receive approximately $31,000 under this new interlocal agreement. This agreement would also authorize the UNT, with the consultation of the City, to make necessary adjustments to meter times and rates to keep them consistent with the other meters operated on campus. Since the agreement was last revised, there have been some street name changes and deletions. The revised inter local agreement also contains revisions to the list of applicable streets. These revisions only include: 1. Changes in streets names. a. Avenue E is now North Texas Boulevard (#12 & #23) b. A portion of Avenue A is now Union Circle. (#2) 2. Deletion of Edwards Street, which was removed with the construction of a new building on campus. (formerly #13) 3. Deletion of Prairie Street from Avenue A to Welch Street (part of the Union Circle change) (#20) Note: None of the revisions to the list ofstreets provides for an increase in the amount of on-street parking enforcement delegated to the University of North Texas. OPTIONS 1. Council can approve the ordinance revision authorizing the execution of the interlocal agreement. 2. Council can take no action on the ordinance revision and instruct staff to make additional changes. 3. Council can reject the ordinance revision and the new interlocal agreement. RECOMMENDATION Staff recommends that Council approve the ordinance reVISIon and authorize the execution of the inter local agreement. PRIOR ACTION/REVIEW 2001 Fry Street Small Area Plan FISCAL IMPACT This interlocal agreement will provide additional revenue to the City from the meters on these three streets. The projected revenue, based on 2005 meter revenue, would be approximately $31,000. Currently, the City receives no revenue from the meters. Scott Langford Interim Chief of Police Prepared by: Lt. Scott Fletcher Operations Bureau S:\Our Documents\Ordinances\06\UNTlnterlocalParking Ordinance 18-151.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS FOR THE ENFORCEMENT OF PARKING REGULATIONS BY THE UNIVERSITY OF NORTH TEXAS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City has granted the governing board of the University of North Texas jurisdiction and control of the parking lanes within the street portions described in Section 18- 152 of the Code of Ordinances, which street portions either abut property owned by the State and under the control of the University of North Texas, or are delegated to the University of North Texas through the Fry Street Small Area Plan to regulate traffic and parking as specified by Section 18-151; and WHEREAS, the City has delegated and granted this authority to allow the University of North Texas to regulate traffic and parking as specified by Section 18-152; and WHEREAS, the City and the University of North Texas have agreed that it is necessary to enter into a new interlocal agreement to more accurately describe the manner in which the delegation of authority granted to the University of North Texas to regulate traffic and parking as specified by Section 18-151 will be carried out; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or in his absence, his designee, is hereby authorized to execute an amended Interlocal Agreement between the City of Denton and the University of North Texas, substantially in the form of the attached agreement, to delegate the authority to enforce parking laws to the University of North Texas Police Department for the streets or portions of the streets named in the Fry Street Small Area Plan as well as all streets or portions of streets previously delegated and listed in Section 18-152 of the Code of Ordinances for the City of Denton, Texas. SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 3. This ordinance shall become effective on January 1,2007. S:\Our Documents\Ordinances\06\UNTlnterlocalParking Ordinance 18-151.doc PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~f~ Page 2 of2 day of , 2006. PERRY R. McNEILL, MAYOR S:\Our Documents\Contracts\07\UNT lnterlocal.doc THE STATE OF TEXAS S INTERLOCAL AGREEMENT COUNTY OF DENTON S This Interlocal Agreement is made between the City of Denton, Texas, hereinafter referred to as "the City" and the University of North Texas, hereinafter referred to as "the University," the effective date of the Interlocal Agreement being January 1, 2007. WHEREAS, City and University mutually desire to be subject to the prOVISIons of V.T.C.A., Government Code, Chapter 792, the Interlocal Cooperation Act; and WHEREAS, both parties have the ability to perform the governmental functions set forth in the body of this contract and agree that there is fair, valuable and adequate consideration for the mutual obligations undertaken; NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: The City, through its City Council, hereby delegates to the University the authority to regulate the parking of vehicles on the following Denton public streets running through or immediately adjacent to property owned or occupied and controlled by the University, to wit: 1. Avenue A, both sides, from Hickory Street to Mulberry Street; 2. Union Circle, both sides; 3 . Avenue A, both sides, from Highland Street to Eagle Drive; 4. Avenue B, both sides, from Hickory Street to Mulberry Street; 5. Avenue B, both sides, from Maple Street to Eagle Drive; 6. Avenue C, both sides, from Hickory Street to Eagle Drive; 7 . Avenue D, east side, from Hickory Street to Sycamore Street; 8. Avenue D, both sides, from Highland Street to Eagle Drive; 9. Avenue D, both sides, from Sycamore Street to Chestnut Street; 10. Central Street, both sides, from Highland Street to Maple Street; 11. Chestnut Street, both sides, from Avenue A to Bernard Street; 12. Chestnut Street, both sides, from Avenue C to North Texas Boulevard; 13. Fry Street, both sides, from Oak Street to Hickory Street; 14. Hickory Street, both sides, from Avenue B to Welch Street; S:\Our Documents\Contracts\07\UNT lnterlocal.doc 15. Highland Street, both sides, from Avenue E to Bernard Street; 16. Maple Street, both sides, from Avenue D to Bernard Street; 17. Mulberry Street, both sides, from Avenue D to Avenue B; 18. Mulberry Street, both sides, from Avenue A to Bernard Street; 19. Oak Street, both sides, from Avenue B to Welch Street; 20. Prairie Street, both sides, from Welch Street to Bernard Street. 21. Sycamore Street, both sides, from Welch Street to Bernard Street; 22. Sycamore Street, both sides, from Avenue C to Avenue D; 23. Sycamore Street, south side, from North Texas Boulevard to Avenue D; 24. Welch Street, both sides, from Mulberry Street to Oak Street. 25. Kendolph Street, both sides, from Eagle Drive to Wilshire Street. On the above streets, the University is authorized (1) to assign and regulate parking spaces for its use, (2) to charge and collect a fee from its personnel, students, guests, and visitors for parking, (3) to prohibit parking, and (4) to charge and collect a fee for removing vehicles parked in violation of law ordinance or in violation of a rule governing the parking of vehicles adopted by the Boards of Regents of the University. The University agrees not to relocate, change rates, or change time durations on parking meters located in numbered locations 1, 13, 14, and 18 above without prior agreement of the City. The University agrees to be responsible for the following: (1) Maintaining the parking meters; (2) Regulating the parking meters; and (3) Collecting the fees from the parking meters. The University also agrees to remit one-third of gross revenues collected from the parking meters located in numbered locations 1, 13, 14 and 18 above to the City of Denton. The City of Denton agrees that no fines for overtime parking or unpaid citations in relation to the metered parking spaces will be paid to the City of Denton. It is further agreed that this Interlocal Agreement does not (1) limit the police power of the City of its law enforcement jurisdiction, (2) render campus peace officer an employee of the City or entitle a campus peace officer to compensation from the City, or (3) restrict the power of the University under other law to enforce laws, ordinances, or rules regulating traffic or parking. Page20f3 S:\Our Documents\Contracts\07\UNT lnterlocal.doc This Interlocal Agreement shall be automatically renewable for successive periods of one year unless either party gives sixty (60) days written notice to termination to the other party prior to the beginning of the renewable term. Signed and executed this the day of , 2006, by the appropriate representatives of the City and the University, the effective date of the agreement to be January 1, 2007. CITY OF DENTON, TEXAS BY: GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY Ai~ . ,_ ----M(":' ..; ...f". ~.~_. _ BY... ...... --- UNIVERSITY OF NORTH TEXAS BY: Phillip Diebel, Vice President for Finance & Business Affairs ATTEST BY: Page 3 of3 AGENDA INFORMATION SHEET DEP ARTMENT: December 19,2006 [Questions concerning this acquisition may be directed Utilities Administration to Sharon Mays 349-8487] Howard Martin, Utilities 349-8232" AGENDA DATE: ACM: SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the settlement of contractual claims by and between the City of Denton, Texas and Waukesha Electric Systems, Inc.; authorizing the city manager and city attorneys to act on the city's behalf in executing any and all documents pertaining thereto, and to take such other actions that are necessary to finalize the settlement; authorizing the expenditure of funds therefor; and declaring an effective date. The Public Utilities Board recommends approval (7-0). BACKGROUND Information on a contract dispute between the City of Denton and Waukesha Electric Systems, Inc. ("WES" or alternatively "Waukesha") related to purchase of 15/20/25//28 MV A substation power transformers was presented to the City Council in its closed meeting of this December 19, 2006 session. Increased raw materials costs and increased demand for power transformers have placed WES in the position of desiring to terminate the existing agreement unless it can be amended. Denton Municipal Electric ("DME") continues to require additional transformers to support growth in the Denton area and believes it prudent to agree to a settlement of the dispute with Waukesha allowing purchase of up to three additional transformers. The agreement originated from Bid No. 3105 and was approved by Council by ordinance on December 1, 2003. The city's attorneys, with support from Denton Municipal Electric and the Purchasing Department, have crafted a proposed Compromise and Settlement Agreement to resolve the parties disputed positions, to set a maximum price, to implement a price de-escalation mechanism, and to arrange for purchase of up to three additional transformers for delivery not later than January 2008. OPTIONS 1. Approve the proposed Compromise and Settlement Agreement by and between the City of Denton, Texas and Waukesha Electric Systems, Inc. 2. Reject the negotiated Compromise and Settlement Agreement and require a bid for the purchase of distribution substation transformers, likely resulting in higher prices and longer lead times. RECOMMENDATION DME recommends approval of the terms in the proposed Compromise and Settlement Agreement by and between the City of Denton and Waukesha and the ordinance approving same. PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) The Public Utilities Board ("PUB") received an attorney consultation and briefing regarding the facts related to the issues involved in settlement and provided guidance to staff in a closed meeting on November 27, 2006. The PUB received a further attorney consultation in a closed meeting on December 11, 2006. The PUB then recommended approval of the ordinance and the Compromise and Settlement of the claims in issue at its open meeting on December 11, 2006 by a vote of 7 to O. The City Council reviewed the facts related to the issues and received an attorney consultation regarding the proposed Compromise and Settlement Agreement in its closed meeting of this December 19,2006 session. PRINCIPAL PLACE OF BUSINESS Waukesha Electric Systems, Inc. Waukesha, Wisconsin FISCAL INFORMATION Funding for the purchase of the substation transformers will come from various project accounts that are included in the City's Capital Improvements Plan. BID INFORMATION The original agreement resulted from Bid No. 3105 that was approved by the City Council in December 1, 2003. The agreement was amended by change order approved by Council on February 22, 2005 to increase the base price by 13% and other provisions. EXHIBITS 1. Ordinance 2. PUB Minutes ~:~g:S~~lli...~g?:Wi~~~~: :'~.~<.jll,~!!::ii~ ~:~....-:......................~:: Sharon Mays Director of Electric Utilities Prepared by: ~~~_. :1:1: Chuck Sears Engineering Administrator Denton Municipal Electric Exhibit 1 ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE SETTLEMENT OF CONTRACTUAL CLAIMS BY AND BETWEEN THE CITY OF DENTON, TEXAS AND W AUKESHA ELECTRIC SYSTEMS, INC.; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEYS TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS PERTAINING THERETO, AND TO TAKE SUCH OTHER ACTIONS THAT ARE NECESSARY TO FINALIZE THE SETTLEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves the Compromise and Settlement Agreement attached hereto and made a part hereof, as to those disputed contractual claims arising out of Bid No. 3105 and stated in said agreement by and between the city as purchaser and Waukesha Electric Systems, Inc., as seller. SECTION 2. The City Manager and City Attorneys are hereby authorized to act on the City's behalf in approving and executing any and all documents, and to take other actions necessary, to finalize the Compromise and Settlement Agreement. SECTION 3. The City Manager is hereby authorized to expend the funds in accordance with the Compromise and Settlement Agreement. 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: 1 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: S:\Our Documents\Ordinances\06\Waukesha-Compromise and Settlement-Ordinance-Bid No 3105-121906.doc 2 THE STATE OF TEXAS COUNTY OF DENTON s s s Compromise and Settlement Agreement City of Denton., Texas/Waukesha Electric Systems., Inc. THIS Compromise and Settlement Agreement (hereafter the "Agreement") is entered into by and between the City of Denton, Texas, a Texas municipal corporation (hereafter "Denton") and Waukesha Electric Systems, Inc., a corporation (Hereafter "Waukesha") and represents their compromise and settlement regarding construction and interpretation of certain provisions of that previous bid submitted to Denton by Waukesha (Bid No. 3105) for sale of electric transformers to Denton, which bid was approved on December 1, 2003 by the Denton City Council (hereafter "Council"), as well as the bid specifications in connection therewith, the modifications as contained by Council ordinance in February 2005, and all prior agreements following the approval of the Council of the bid of Waukesha regarding the purchase of electric transformers, from and after December 1, 2003. Denton has approved and agreed to accept this Agreement by and through its designated City Manager, and pursuant to ordinance of the Council. Waukesha has approved and agreed to accept this Agreement by and through its duly authorized officers. IT IS AGREED BY DENTON AND W AUKESHA AS FOLLOWS: 1. This Agreement shall compromise and settle the terms of Denton's ordering up to three (3) transformers from Waukesha under Bid No. 3105. This Agreement shall set the terms of sale and prices only as to three (3) transformers which shall be delivered through January 31, 2008, unless modified or altered by the mutual written consent of Denton and Waukesha. 2. Unless specifically changed herein, all terms of the bid specification and stipulations in the bid accepted by Denton on December 1, 2003 shall remain in full force and effect. 3. The prices for the three (3) transformers, the subj ect of this Agreement, are: FOB pad in the station, assembled, oil filled, and tested, shall be set at maximums of $720,000 for single voltage transformers and $793,440 for dual voltage transformers, including heat run tests at the 15 MV A and 25 MV A ratings. However, Denton and Waukesha agree that the heat run test shall be waived for duplicates of designs that have been provided to Denton Municipal Electric ("DME") in the past, for which heat run tests have already been performed. 4. Denton shall have the option of canceling anyone of the three (3) purchase orders for transformers until February 28, 2007; Denton and Waukesha agree that there shall be no cancellation charge or fee of any amount for Denton's timely exercise of this option. 5. Waukesha's standard escalation/de-escalation price methodology as presented by, and contained Luis Zendegui's, an authorized representative of Waukesha, August 3, 2006 e-mail to Chuck Sears, Engineering Administrator of DME, and it is agreed, however, that said methodology shall only apply to the maximum price as to price de-escalation. A sample of the 1 calculation is attached hereto as Exhibit 1. In consideration for this, the City of Denton hereby authorizes Waukesha to present Denton with an invoice for payment of thirty (30%) percent of the maximum price for each transformer, following Waukesha's order acknowledgement for each transformer. It is further agreed that should the Denton elect to exercise its option to cancel the order for the third transformer as referenced hereinabove, Waukesha shall apply the amount invoiced for that cancelled order, equally to the remaining orders for transformers. 6. The de-escalation method described in paragraph 5. above, will be applied to all purchases using the values of the indices for August 1, 2006 as the starting values. The table below in this paragraph shows those raw materials that will be used in the de-escalation calculation; the percentages that each represents as a part of the total cost of the transformer; and the value of the starting points for the indices. It is agreed by Denton and Waukesha that the price de-escalation shall be calculated for each transformer ordered using the starting index value in the table below, and calculating the change of price based upon the relative decrease (if any) in each index at the end of the month, prior to the month of shipment of the transformer(s).. Table 1 Raw Material Startin2 Index Value Percenta2e of Total Cost Copper 353.06 9% Core Steel 1.0 (See Note 1) 9% Plate Steel 204.41 6% Oil 70.27 4% Paper 750 2% Note 1: The starting value for the core steel index shall be Waukesha's core steel cost in $/lb in the August 2006, normalized to a value of 1.0. The ending value for the index shall be Waukesha's core steel cost in $/lb in the month prior to the month of shipment divided by the starting core steel cost in $/lb. For example, if the Waukesha's core steel price goes down 5% for the month prior to the month of shipment, the ending index value shall be .95. 7. It is agreed that the mathematical formula for computing the final price with the de- escalation amount (if any) shall be according to the formula set forth below. Note that the final price shall be the maximum price if the escalation amount is positive.) FINAL PRICE $ == MAXIMUM PRICE $ + (MAXIMUM PRICE $ * {[(Copper Index for Month Prior to Shipment / 353.06)-1 * .09] + ([Core Steel Index for Month Prior to Shipment / 1.0) -1 * .09] + ([(Steel Index for Month Prior to Shipment / 204.41 )-1 * .06] + [(Oil Index for Month Prior to Shipment / 70.27)-1 * .02] + [(Paper Insulation Index For Month Prior to Shipment/750)-1 * .04]}) 8. The definition of the raw material indices to be used in calculating the de-escalation of price (if any) shall be as follows: Index (Web Site for the Index) Raw Material Copper High grade copper "HG-Comex" (http://www.nymex.com/cop _fut_spot.aspx) Site Instructions: Select the time period Use last figure in "Average Spot Settlement Month to Date" column 2 Plate steel American Metals Market "AMM No.1 Heavy Melt, Chicago" (www.amm.com) Site Instructions: Select "Pricing" Select "Historical" Login Select "By Grade" Select "Scrap Iron & Steel", then "Consumer Buying", then "No.1 Heavy Melt", then "Monthly", then "Chicago" Oil American Pulp Paper "PIX U.S. NBSK" (www.foex.fi) Site Instructions: Select "PIX PULP" (upper left side) Select "THE PIX US NBSK INDEX" (second in the list) West Texas Crude (http://www.uprr.com/customers/ surcharge/wti. shtml) Manufacturers normalized cost (see Note 1 below Table 1) Paper Core steel 9. Upon execution of this Agreement by Denton and Waukesha, it is agreed that the following actions shall be undertaken: A. The City of Denton shall amend Purchase Orders Nos. 130339 and 130340 to reflect those maximum prices that are stated in this Agreement and shall expressly refer to this Agreement. B. The City of Denton shall enter a purchase order for a third single voltage transformer at the maximum price reflected in this Agreement. C. Waukesha will accept all three (3) purchase orders in accordance with the terms contained in this Agreement, agreeing to delivery by January 31, 2008. 10. Both Denton and Waukesha have a mutual interest in avoiding the cost and uncertainties of disputed litigation, and have agreed hereto to an acceptable clarification, compromise and settlement regarding this transaction. Denton and Waukesha agree that that the volatility of the present market make long term prices to purchase transformers difficult to establish. Denton and It agreed that this Compromise and Settlement Agreement shall set conditions for, and only for, allowing Denton to purchase the three (3) transformers as referenced above. 11. It is agreed that, in consideration of this Agreement that Waukesha shall not be restricted from participating in future City of Denton transformer bids and shall remain on the approved "active bidder" list of vendors. 12. Denton and Waukesha agree that, to the extent lawfully possible, this Compromise and Settlement Agreement shall be confidential. WITNESS OUR HANDS on this the day of December, 2006. 3 ATTESTED: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: ATTEST: By: By: By: "DENTON" City of Denton, Texas A Texas Municipal Corporation GEORGE C. CAMPBELL CITY MANAGER "W AUKESHA" W aukesha Electric Systems, Inc. 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III = -~ ~ < Exhibit 2 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 December 11, 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 on Monday, December 11, 2006 7 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas 8 Street, Denton, Texas. 9 10 11 Present: Chair Newell, Dick Smith, Bill Cheek, Phil Gallivan, Bob Bland, John Baines and 12 Randy Robinson 13 14 Ex Officio Members: 15 Howard Martin, Assistant City Manager Utilities 16 17 Absent: George Campbell, City Manager, excused 18 19 Chair Charldean Newell announced that a quorum was present and convened a closed 20 meeting at 9:01 a.m. to consider the following under the provisions of S551.086 of the Texas 21 Government Code. 22 23 CLOSED MEETING: 24 25 [**Before the Public Utilities Board ("PUB") may discuss, deliberate, vote, or take final action 26 on each of the agenda items posted as a "competitive matter" in a Closed Meeting under the 27 provisions of Texas Government Code S551.086(c) relating to "Public Power Utility" items, 28 the Chair of the PUB shall first announce the time, and then the PUB must then vote and 29 make a good faith determination, by a majority vote of its members, that if any particular 30 agenda item listed under the "Closed Meeting" section is an electrical "competitive matter" 31 that satisfies the requirements of S551.086(b )(3). If there is more than one "competitive 32 matter" item on the PUB agenda, then a separate vote must be taken for each item. The vote 33 shall be taken during the Closed Meeting and shall be included in the certified agenda or tape 34 recording of the Closed Meeting. If the PUB fails to determine by a majority vote of its 35 members that the particular agenda item satisfies the requirements of S 5 51. 086(b )(3), then 36 the PUB may not discuss, deliberate or take any further action on that agenda item in its 37 Closed Meeting. For any agenda item listed under any other section of the Texas 38 Government Code, other than S 5 51. 086, consideration in the Closed Meeting is permitted 39 without the necessity of a preliminary motion and a vote of the Board being taken.] 40 41 B. CONSULTATION WITH ATTORNEY - Under Texas Government Code S551.071. 42 43 2) Consult with the city's attorneys regarding the status of the pending contractual 44 dispute by and between the City of Denton, Texas and Waukesha Electrical Systems, 45 Inc., and discuss settlement of such dispute; provide staff with direction. 46 47 At 9:23 a.m., the Chair declared the Closed Meeting ended and announced that the Public 48 Utilities Board was thereafter in Open Session. 49 1 Draft Minutes - Public Utilities Board Meeting 2 December 11, 2006 3 Page 2 of2 4 5 6 OPEN MEETING: 7 8 CONSENT AGENDA: 9 The Public Utilities Board has received background information, staff's recommendations, and 10 has had an opportunity to raise questions regarding these items prior to consideration. 11 12 2) Consider recommendation of approval of an Ordinance of the City of Denton, Texas 13 authorizing the settlement of contractual claims by and between The City of Denton, Texas 14 and Waukesha Electrical Systems, Inc.; authorizing the City Manager and City Attorneys to 15 act on the City's behalf in executing any and all documents pertaining thereto, and to take 16 such other actions that are necessary to finalize the settlement; authorizing the expenditure of 17 funds therefor. 18 19 Board Member Dick Smith moved to approve Items 1 through 5 with a second from Board 20 Member Phil Gallivan. The motion was approved by a 7-0 vote. 21 22 The meeting was adjourned by consensus at 10:12 a.m. AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEP ARTMENT: Planning and Development . Howard Martin, 349-8232 ~ .. ACM: SUBJECT Z06-0024 (Teasley Professional Plaza) Hold a public hearing and consider the adoption of a 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 is located at the northwest corner of Teasley Lane and Lillian Miller Boulevard. Planning and Zoning Commission recommends approval (5-0). BACKGROUND Applicant: Irwin Realty Group Denton, TX The applicant is requesting to rezone approximately 3.5 acres of property from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay to develop an office park. The proposed overlay district would limit the permitted uses to professional services and offices, administrative or research facilities, and medical centers and provide site design standards to protect the surrounding neighborhoods. (See Exhibit 1 Staff Analysis.) The rezoning request was first brought before the Denton Planning and Zoning Commission on September 13, 2006 but was continued until October 11 to allow the applicant to meet with the residents of the surrounding neighborhoods to address their concerns that included dumpster locations, buffer requirements, tree preservation and traffic patterns. Minutes from both Planning and Zoning Commission meetings are attached as Exhibits 8 and 9. The applicant met with the neighborhood residents on October 2, 2006 and found additional points of compromise that are reflected in the current proposal for the overlay district. The applicant committed to: o Remove community services as a permitted use, o Increased architectural standards, o Clear and grade each lot as it develops to enable the preservation of more trees on the site, o Locate dumpsters no closer than 100 feet from residential property and limit the total number of dumpsters on the site, o Provide an eight foot (8') cedar fence along the western boundary of the property, o Provide detention ponds as needed on the site with the locations being outside of the required 30- foot buffer if possible. Public notification and property owner responses are provided in Exhibit 5. As of this writing, staff has received 5 responses from property owners within 200 feet of the subject site in opposition to the request, five responses in support and two neutral responses. Property owners in opposition represent 19% of the land area within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the rezoning request (5-0). PRIOR ACTION/REVIEW (Council, Boards, Commissions) October 1993 - Property platted as Block B, Lot 1 of the Hunters Ridge Addition. September 13,2006 - Planning and Zoning Commission held a public hearing October 10, 2006 - Planning and Zoning Commission held a public hearing. EXHIBITS 1. Staff Analysis 2. Location Map 3. Zoning Map 4. Future Land Use Map 5. Public Notification Map 6. Site Photographs 7. Letter of Intent 8. Planning and Zoning Commission Minutes - September 13,2006 9. Planning and Zoning Commission Minutes - October 10,2006 10. Letters of Opposition 11. Ordinance Respectfully submitted, . ~ I . Brian Lockley, AICP Interim Planning and Development Director Prepared by ~- Lori Shelton, AICP Planner II EXHIBIT 1 Staff Analysis Summary of Zoning Request The applicant is requesting to rezone approximately 3.5 acres of land from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district to restrict the land uses and provide site design standards to protect the surrounding neighborhoods. The property is located on the northwest corner of Teasley Lane and Lillian Miller Boulevard and is located within an Existing Land Use Denton Plan designation. The proposed overlay district will include the following provisions: 1. Permitted uses are limited to professional services and offices, administrative or research facilities, and medical centers. No animal research is permitted. 2. All buildings shall be single story construction. 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. 3. All buildings shall be 9,000 square feet or less in gross size. 4. The commercial development will use no name association of the surrounding neighborhoods. 5. Lighting will be either flood lights or pole lights that will not exceed 6 feet in height and will meet the regulations provided in Section 35.13.12 Light and Glare Performance Requirements of the Denton Development Code. 6. 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 1 large canopy tree every 30 linear feet and 2 native understory trees every 30 linear feet within the buffer zone. 7. The buffer zone will be included in the individual lots and owned by the individual property owners and developed and installed as each lot develops. The buffer will be maintained by a professional property management company through a property owners association. The association will be in place prior to the issuance of any Certificate of Occupancy. 8. All buildings will have a minimum of 80% masonry on all sides of the buildings. 9. All dumpsters shall be located at least 100 feet from all residential property. The developer will provide the minimum number of dumpsters that is allowed by the solid waste department standards. The solid waste department permits shared dumpsters. Estimates show four dumpsters required for this project. 10. The applicant will provide an 8 foot high cedar fence with aluminum posts along the western property line. The posts of the fence will face the commercial development. The fence will only be constructed adjacent to those lots where the homeowners have given permission for the fence construction. 11. The applicant will provide detention ponds on the site as needed and approved by the city to help relieve existing runoff to the adjacent residential lots. The developer will place the detention ponds outside of the required buffer zones if possible. In addition to the requirements of the overlay district, the development shall meet all Denton Development Codes requirements. Existing Condition of Property The property is currently vacant and is platted as part of the Ewing Addition. Adjacent zoning: North: South: East: West: Neighborhood Residential 2 (NR-2) Single family residential - Hunters Ridge Addn. Neighborhood Residential Mixed Use (NRMU) Commercial development Neighborhood Residential Mixed Use (NRMU) Commercial development Neighborhood Residential 3 (NR-3) Single family residential - Ellison Park Addn. Comprehensive Plan Analysis The subject site is located in 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 commercial development is consistent with the comprehensive plan. It will provide neighborhood services to the surrounding residential subdivisions and will be consistent with other commercial development in the immediate area. The proposed overlay district provides restrictions to land use that ensures compatibility with the existing neighborhood. Development Review Analysis Access Access to the subject site is available from both Teasley Lane and Lillian Miller Boulevard. Exact locations of drives will be determined during the building permit process. Development review staff will review the site plan for compliance with the Denton Development Code and other applicable regulations. Access from Lillian Miller Boulevard will require a TxDOT permit. Public Infrastructure Public utilities are available to serve the site. Development Code / Zoning Analysis The current Neighborhood Residential 2 (NR-2) zoning district allows the following land uses: . Agriculture . Single family at 2 residential units per acre . Community homes for the disabled . Home occupations . Outdoor recreation . Kennels . Veterinary Clinics . Gas Wells . Parks and open space . Churches . Other uses may be permitted with specific use permits The proposed overlay district will restrict the uses in the proposed NRMU zoning to: . Professional services and offices . Administrative or research facilities . Medical centers The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: General Regulations NR-2 N R IVU..J Minimum front yard setback 20 feet None Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 1 0 feet None Minimum rear yard 1 0 feet None The following limits apply to all buildings: Maximum lot coverage 30% 80% Minimum landscaped area 70% 20% Maximum building height 40 feet 65 feet 1 0 feet 20 feet plus 1 plus 1 foot for foot for Minimum yard when abutting a single- each each foot of foot of family use or district building building height height above above 20 feet 20 feet EXHIIBIT 2 Location Map NORTH EXHIBIT 3 Zoning Map EXHIBIT 4 Future Land Use Map ~~ EXHIBIT 5 Public Notification Map ~ }?t; I - X~, ... ~ 7 --~ //1 - - ~_ FT Bllt-tt:K J2 tu ~ ~~ ~ 1_=11\ ~~ I ~.., ~ ~~ ;L~ /-\-~l~ ~tt ~ ~Qlr ':: /' :... r:: I ............ ,," J - {I \ I I -::J ..............J J'(//A ~~ -......J I 'r~ .-- Uu.. ~ .. - = __I; I--- .-m. - p.....- Jl~ ..... .. . "Ill .--~-- t '\ I I I I I I "\ / \i r 1 -FrBWFER.T -! ~l ~- I 1~\r~UJ \~ 1 T ~ \ 1 1 I 1 ...... - ~ ----- - 13 Public Notification Date: October 22/ 2006 200/ Legal Notices* sent via Certified Mail: 27 500/ Courtesy Notices mailed: 82 Number of responses to 200/ Legal Notice: 12 · In Opposition: 5 · In Favor: 5 · Neutral: 2 The responses in opposition represent 19% of the land area within 200/ of the siteo NORTH A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 EXHIBIT 6 Site Photographs Look:ing southwest across Lillian Miller Boulevard EXHIBIT 7 Letter of Intent 1u1y 24, 2006 Re: Zoning of the 3.49 acre tract of land IocaIed cd the IIOTth 'WeSt ctII'tIBr of Teaslq and LillionMiller pmtway City of Denton Panains Department, PIaDnins BOd ZoDina Commission 8Dd City Council Memben: PIeaIe c:.onsider the rezouiDs of the foDowiq 3.49 acre tract ftom its current Nll~ ZODiDg to NRMU4 This tract is cmreot1y zoned for N&-2 but is DOt suitable for resideDlia1 use due 10 its location BDCI proximity to ather office and. retail Ulet. We feel that the best ZODi:Ds district available would be to cbqe 1he zoning to the NRMU district. Cummdy the roads and utilities are adequate to provide &ervices tbr 1he emire 3.49 acre tnIct. Water line. are available 10 the site 81 is an B" sewer line per the city web_ We Ceel tIut the Bite will be lID exciting new development that will provide much needed services to the IU1TOUIlCIing neigbborboods. ..-" Page ] 3 Page ] 5 1 COMMISSIONER STRANGE: The next item is 1 shrub s, and trees. 2 Item No. 4 B, which is a rezoning of approximately 3.5 2 The standard proposed is the property owner 3 acres from a Neighborhood Residential 2 Zoning District to 3 will provide one large canopy tree for every 30 linear 4 a Neighborhood Residential Mixed Use Zoning District. 4 feet and two native understory trees every 30 linear feet 5 Mrs. Shelton. 5 within the buffer zone. 6 MS. SHELTON: GOod evening. The first 6 In addition, the entire buffer zone will be 7 slide shows the site location~ The subject site is on the 7 irrigated and installed prior to the first certificate of 8 northwest corner of Teasley Lane and Lillian Miller 8 occupancy being issued by the City of Denton for any 9 Boulevard. You can see to the south across Teasley is the 9 building that will be on the development. 10 cvs pharmacy. To the east is the Quick Cleaners, and on 10 The buffer zone will be maintained by a 11 the corner to the south of the cleaners is the new medical 11 property management company and the irrigation for the 12 office building which is not yet shown on our aerial 12 buffer zone will be on one irrigation system. All of the 13 photographs. 13 buildings within the development will bave a minimum of 80 14 To the -- pardon me, to the \Vest is Ellison 14 percent masonry distributed evenly on all sides of the 15 Park Subdivision and to the north is Hunters Ridge. The 15 buildings. And, lastly, all trash dumpsters shall be 16 future land use map shows the site and the surrounding 16 located at least 75 feet from all residential property 17 area to be located in an existing neighborhood/in-fill 17 lines. 18 compatibility area~ The Denton Plan describes this future 18 This next slide shows a comparison of 19 land use designation as follows, new development in this 19 general regulations between the existing NR-2 zoning and 20 district should respond to existing development with 20 the proposed NRMU zoning. The main thing I'd like to 21 compatible land uses, patterns, and design standards. The 21 point out here other than some side yard setbacks is the 22 plan recommends that existing neighborhoods within the 22 maximum lot coverage currently allowed is 30 percent lot 23 City be vigorously protected and preserved. Housing that 23 coverage, and that t s all impervious pavement, both the 24 is compatible with the existing density, neighborhood 24 buildings and parking. Proposed is 80 percent. The 25 service and conunercialland uses are allowed. 25 minimwn landscape required now is 70 percent and the Page 14 Page 16 1 The next slide shows the current zoning on 1 proposed is 20. 2 the subject property and the surrounding property. The 2 Since YOll have received the staff report 3 subject property and the property to the north are zoned 3 for this zoning change, we have received six opposition 4 NR~2. To the west is NR-3, and to the east and south is 4 responses from property owners within 200 feet of the 5 NRMU, the Neighborhood Residential Mixed Use. 5 subject site~ Wetve received two letters in support of 6 The proposed overlay district addresses two 6 the request with conditions which you have in front of 7 aspects of the proposed NRMU zoning, both land uses and 7 you, and three neutral responses. The map shown here is 8 site design standards~ The proposed land uses within the 8 not totally up to date. We had one late -- pardon me, 9 overlay district are limited to professional services and 9 letter in opposition from a homeowner on this site. And a 10 offices, admin i strati ve or research facilities, community 10 letter in support from this site. 11 services and medical centers 0 The proposed overlay 11 The frrs! photo shows the subject site 12 district will include the following standards. 12 looking north across Teasley Lane and the second photo is 13 First, all buildings shall be single-story 13 looking to the southwest across Lillian Miller Boulevard~ 14 construction. All buildings shall be limited to 9,000 14 You can see the cvs phannacy there on the far left. 15 square feet or less in gross size. The commercial 15 Staff recommends approval of the rezoning 16 development will use no name association of the 16 request with an overlay district based on the following 17 surrounding neighborhoods. Lighting will be either 17 findings, the proposed use is compatible with the 18 floodlights or pole lights that will not exceed six feet 18 surrounding neighborhood. The proposed zoning change is 19 in height and will meet the regulations provided in the 19 compatible with the Denton Plan and the Development Code 20 light and glare performance requirements of the 20 and the proposed overlay district is designed to protect 21 Development Code. 21 surrounding residential neighborhoods from incompatible 22 A buffer zone of 30 feet will be maintained 22 land uses and provides additional site design standards to 23 adjacent to the north and west property boundary lines. 23 addres s specific neighborhood concerns. And I r d be happy 24 The buffer will be pervious, heavily landscaped, 24 to answer any of your questions and the applicant is also 25 professionally designed and will include Evergreens, 25 here to respond to your questions. CondenseIt 1M PLANNING & ZONING REGULAR SESSION, SEPTEMBER 13, 2006 Page 13 - Page 16 Page 17 Page 19 1 COMMISSIONER STRANGE: AnY questions of 1 understory trees, within that buffer, will provide a very 2 stafr? Thank you, Mso Shelton. 2 adequate screen~ \\'hat you might not have been able to see 3 We'll now open the public hearing. Is the 3 in those photos is that there is -- every property owner 4 applicant here and do they wish to speak? 4 does already have a fence already in their back yards. 5 MR. REICHHART: Hello. Good evening. My 5 And to put an additional fence and more landscaping on top 6 name is Larry Reichhart, Springbrook Planning Group, 2405 6 of that seemed a little overkill. So that's why we \Vent 7 Mustang Drive in Grapevine. r m here representing the 7 with the 3D-foot buffer to provide additionallandscapingo 8 applicant tonight. And staff did a very thorough job on 8 Within the Code~ there's three types of 9 our proposal. And, again, we're familiar with the site, 9 buffers that you can do. The one is a fencing, six-foot 10 northwest corner of Lillian Miller and Teasley. And1 10 fence with a ten-foot landscape buffero You can do a 11 again, some site photos and very similar to what you just 11 vegetative 3D-foot buffer and it just says 50 percent 12 saw ~ Project site and existing zoning is NR- 2. We t re 12 opaque or you can do a benn with the vegetation and that's 13 requesting NRMU with the over lay and, again, our permitted 13 why we decided to do the 30-foot buffer and with the 14 uses with one exception -- we did have a neighborhood 14 additional landscaping we feel will provide a very good 15 meeting last Wednesday. And one of the neighbors had a 15 buffer betvleen the use and the residents, keep it very 16 concern about animal research. And we are more than 16 natural. 17 willing to add an additional restriction on to the animal 17 I can go review the restrictions again, but 18 h or the research is that we would exclude animal 18 I think staff did a very good job with those restrictions. 19 research as one of the uses from the property. 19 We think the single story, the masonry requirements~ 20 We have no problem doing that whether it's 20 excuse me~ having the buffer irrigated, landscaped, the 21 a concern about actual animal testing or if one of the 21 trash dumpsters, trying to keep those away 0 One of the 22 animals got out into the neighborhood, whatever the 22 concerns that we had was if we have five, six buildings 23 concern was, we have no problem excluding animal research 23 . ilia t we'd have ..- one of the requirements of the city is 24 from the property. 24 that each building1 each site has its own dumpster~ Werd 25 At the meeting there was about 25 to 30 25 like to try to work with the City and try to keep those in Page 18 Page 20 1 peopleo We had different concerns about the type of uses 1 one common area so we will try to do that, but the Code 2 that even could happen in the office-type uses, hours of 2 requires that each site has it's own dumpster. I mean, 3 operation, community service, what type of uses would be 3 that is a concern with the City, so we will try to do 4 happening in the community service-type services. 4 that. But therets not much we can do, the Code does 5 Drainage towards the west was a major concern to a lot of 5 require each site having its own dumpster and that is a 6 folks 0 We think we can handle that during the platting 6 concem~ But we1re trying to address that by trying to 7 stages~ There is a hill on the property~ 7 keep the dumpsters as far away from the building ..- or 8 The lighting ...- we believe our lighting 8 from the residents as we cano 9 standards will take care of that. And an additional-- we 9 I know there's a lot of folks here. They 10 are going to meet all of the other requirements in the 10 have put their cards in. They want to speak on the 11 Development Code and you may recall there is a lighting 11 different issues and I think my best time would be to let 12 requirement, that one foot candle at the property line. 12 the folks speak and address their concerns and then try to 13 So we think there is not going to be a lighting problem. 13 come up and rebut with that, but I would he happy to 14 Our self-imposed restrictions, the developer met with some 14 answer any questions that you had related to our proposal 15 property owners, came up with a number of standards. And 15 that we have in front of you tonight 16 then we had the neighborhood meeting to go over these 16 COMMISSIONER STRANGE~ Any questions of the 17 standards with everyone. 'When we left the meeting, we had 17 applicant? Mro Watkins. 18 a pretty good feeling that, you know, everybody was on 18 COMMISSIONER WATKINS: Thank you, Mr~ 19 board. With the opposition, I guess; not everybody is on 19 Chainnan. The six -foot light -- 20 board. 20 MR. REICHHART~ six-foot high. 21 There is a lot of folks would like to see a 21 COMMISSIONER WATKINS: six-foot tall? 22 masonry wall around the entire property. Some folks don't 22 MR. REICHHART: Yes, sir~ 23 want to see the wall. We believe the 3D-foot landscape 23 COMMISSIONER WATKINS: okay~ Thank you. 24 buffer and with the trees that werre going to plant on 24 MRo REICHHAR T: That' sit. 25 there, one tree, one large tree with the additional tvvo 25 COMMISSIONER STRANGE~ HOw many buildings Condenselt 1M PLANNING & ZONING REGULAR SESSION, SEPTEMBER 13, 2006 Page 17 - Page 20 Page 2] Page 23 1 are you anticipating putting here? 1 spread out and being picked up at 3 :00 0 r clock in the 2 MR. REICHHART: At this time I think welre 2 morning or 5:00 o'clock -- 3 -- we don't have an exact number right now, but I think 3 COMMISSIONER THIBODEAIJX: Yes 0 4 itt s six or eight buildings at the max. And I think the 4 MR. REICHHART: n or something like that~ 5 conceptual site has eight buildings possibly about four to 5 yes. 6 5,000 square foot each. 6 COMMISSIONER THIBODEAUX: And I understand 7 COMMISSIONER STRANGE: So six or eight? 7 that they have to be at each of the locations, each of the 8 MR. REICHHART; Yes. I think we're looking 8 sites. I was wondering how you planned to shield those 9 at about eight; to be honest. I think the conceptual site 9 dmnpsters esthetically ~ 10 plan shows eight. 10 MR REICHHART: well, I think there.s a-- II COMMrSSIoNER STRANGE: Mr. Thomaso 11 I believe there's an ordinance that the dumpsters have to 12 COMMISSIONER THO~S: Yes, Mr. Reichhart, 12 be screened. 13 what do you -- what do you imagine right now your 13 COMMISSIONER THIBODE.A.UX: okay. VVhat were 14 landscape coverage in relation to your lot coverage would 14 your plans~ any particular kind of screening? 15 be based upon the six units that you Ive just said? 15 MR. REICHHART: I can verify and get back 16 MRo REICHHART: Eight unitso 16 to you, but I would assume if therer s going to be 17 COMMISSIONER THOMAS: possible of eight 17 screening wbether it's wood or masonry, I don't know, but 18 units . 18 rll find out and 1'11 get back to you on that. 19 MR. REICHHART: I don I t know if we' ve 19 COMMISSIONER THIBODEAUX: okay. 20 broken n the landscape coverage: is probably in the -- I 20 COM~ISSIONER STRANGE~ Any other questions 21 don rt know, 30 -- 25, 30 percent range, I think, somewhere 21 of the app Heant? Thank you. Okay. And we do have 22 in thereo 22 several cards here. I will call your name, ask you to 23 COMMIssroNER THOMAS: You f 11 definitely 23 come forWard -- IrU actually call out two names, if one 24 will meet or exceed the requirements under NRM:U? 24 would come to the podium~ and the other can come sit down 25 MR. REICHHART: oh~ yes, definitely. Just 25 front so we can keep things moving. Page 22 Page 24 1 the buffer itself is 16 percent of the site, that 30 foot 1 First to speak will be Allyson Coo followed 2 buffer equates to 16 percent of the site and then if you 2 by Charles Parker ~ 3 work in, you know, additional landscaping in between the 3 MS. caE: A11yson Cae, 900 Ellison Parko 4 buildings and everything else, we' 11 definitely exceed the 4 Good evening, Chairman and Commissioners. r m coming 5 20 percent and I think we'l1 get to probably closer to 30 5 tonight to speak in opposition for this zoning change. 6 percent. 6 The neighborhood has a long history of residential zoning 7 COMMISSIONER THOMAS: okayo And there will 7 and the majority of property owners including myself and 8 be landscaping in between the -- the street view and the 8 my bus band relied on this zoning when we purchased our 9 buildings themselves, also, right? 9 property . 10 MR. REICHHART: Yes. I can tt say for sure 10 The proposed change to commercial would 11 but the buildings will be -- it's envisioned right now 11 negatively impact the value of our property by making it 12 that there will be buildings along the right-of-way and 12 less desirable to potential buyers and violates our 13 then the parking will -- and then the parking and then 13 private property rights by lessening the enjoyment of our 14 another series of buildings. So the parking will be in 14 back yards, changing the adjacent property to conunercial 15 the middle of the site flanked on either side by 15 instead of residentiaL 16 buildings. 16 Second in my opposition is Sam Houston 17 COMMISSIONER THO!\.fAS~ similar to what f s 17 Elementary is located across the street from the subject 18 across the street and south? 18 property and already employs four crossing guards to 19 MR. REICHHART: Yes. 19 assist the children as they negotiate an already busy 20 COMMISSIONER TI-IOMAS: okayo Thank you. 20 street. The proposed zoning change would greatly 21 COMMISSIONER STRANGE: Dro TIribodeaux. 21 increase the traffic and further compromise the safety of 22 COMMISSIONER THIBODEAUX: Mr. Reichhart, 22 our children. And unfortunately, the intersection of 23 you said that some of the neighbors were concerned about 23 Lillian Miller and Teasley bas a history of numerous 24 collecting the dmnpsters in one location ..- 24 traffic accidents 0 25 MR. REICHHART~ Instead of having them 25 And the NRMU that surrounds it on the east Con den selt 1M PLANNING & ZONING REGULAR SESSION, SEPTEMBER 13, 2006 Page 21 - Page 24 Page 25 Page 27 1 and the south side with cvs pharmacy and the cleaners is 1 it was all subdivided the same in 19930 So this isn't 2 across the streeto This would be adjacent to residential 2 forever ago. This is a fairly recent subdivision. We 3 and on the same side of the street that the children do 3 assumed that we could safely conclude that it would be a 4 access the school. 4 church and in the alternative a home based on the zoning. 5 The third point in my opposition is the 5 We bought our home in 2001. Immediately thereafter; the 6 access to Ellison Park. For us residents of Ellison Park, 6 Denton Development Code was passed which reaffirmed 7 from the west, requires a V-turn in front of C\TS pharmacy 7 zoning. It changed the name of the zoning. But it just 8 that bas poor visibility to yield to oncoming westbound 8 changed it to NR.2. Our entire subdivision is still zoned 9 traffic from Lillian Miller. Any increase in traffic at 9 the sameo And I speak strongly in opposition to the 10 this turnaround would make this more difficult and 10 concept of rezoning part of it to commercial, part of our 11 dangerous to negotiate. 11 neighborhOCJ<L part of our subdivision, to commercial 12 In conclusion, as property owners, my 12 against our wishes. And I think you see nearly unanimous 13 husband and I have already made our financial invesbnent, 13 opposition to the concept of a rezoning. 14 relying on the current zoning to protect the value of our 14 Obviously, the reasons we object to 15 investment, to protect our private property rights, to 15 commercial are, you know, the increased traffic, the 16 provide for the safety of our school children and the safe 16 increased noise that we would bave to take into account. 17 access to already existing residential development, I 17 Some of the other things, our current zoning allows me 18 strongly request that you deny the proposed zoning change. 18 percent lot coverage. If it goes all of the way from NR% 19 Zoning exists to provide development of real property to 19 to NRMU) we would have 80 percent lot coverage allowed and 20 its best use but while protecting the rights of all 20 there is no limita tian. The limitation that's proposed is 21 stakeholders not to be changed for the maximum financial 21 the biggest building will be 9;000 square feet The 22 return of one seller. 22 proposal that I saw when we met with the developers 23 I'm a professional realtor. Y' all may know 23 informally showed five buildings of about 5,000 square 24 that. I not only invested my husband and myself in this 24 feet a piece. Thae s 40,000 square feet of development on 2S -- in Ellison Park, but I also represented t\.vo clients; 25 that one lot right behind our back yards. Page 26 Page 28 1 one in Ellison Park, and one in Hunters Ridge. I know 1 To get a size comparison, the dry cleaners 2 that my bus band and myself and I also have a strong 2 that you guys may remember is across the street and was 3 feeling neither one of the clients I represented would 3 recently -- I believe it was a drive-through that they 4 have purchased their property had they known this was 4 applied for. Their size is 40 by 100 or 4,000 square 5 going to go commercial 5 feet, so the proposed development is in the vicinity. 6 We invested in our property knowing that 6 They haven't specified but in the vicinity of ten times 7 the zoning was residential, for a church, a school, or it 7 the impact of that. And that's why I object to it. Thank 8 could have gone more dense residential. Thank you so 8 you. 9 much. I hope you t II take this into consideration. 9 COMMISSIONER STRANG~ Thank you for your 10 COMMISSIONER STRANGE~ Thank youo Next to 10 comments. Next to speak is Lynn Thompsono 11 speak is Charles Parker followed by Lynn Thompson. 11 MS. THOMPSON~ I'm Lynn Thompson. JIm 12 MR. PARKER~ Good evening. My name is 12 wearing two hats tonight. I'm speaking in opposition for 13 Charles Parker and I live at 1524 Hunters Ridge Circle 13 myself as a member of H linters Ridge because I own the 14 which -- and my back yard adjoins the subject property ~ 14 largest expansion of property that backs up to this piece 15 When my wife and I looked to purcbase in the area, our 15 in questioDo 16 frrst question was whae s the zoning behind us? Y Oll know ~ 16 And my home -- my master bedroom is 17 what's going to go there? It r s a vacant lot. It could be 17 literally 15 feet from my fence which would make 18 anything. And we checked and at the time it was SF-16 was 18 essentially the width of this room would be about as far 19 the zoning in place~ singleoofamily residential, 16,000 19 as the dumpsters would be from my bedroom; and r d hear 20 square feet per residence. So we could rely on the fact 20 that every time they came and emptied them and that r s my 21 that that zoning was going to be like ours. It was owned 21 biggest concerno I think the buffer zone needs to be at 22 by a church. And a church is an accepted kind of property 22 least 50 feeto 23 or a kind of development for that property. 23 I would love to work with Craigo Let's 24 We made the assumption that that -- also 24 face it. Her s a cute guy. He's sweet. I think that he 25 the fact that it's part of the Hunters Ridge Subdivision, 25 has a lot going for him. I think his developments are CondenseIt TM PLANNING & ZONING REGULAR SESSION, SEPTEMBER 13, 2006 Page 25 - Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CondenseI t 1M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 29 lovely; but what he's offering us just is not conducive to 1 our area. 2 And as president of Homeowner's 3 Association, Hunters Ridge, Itm concerned about the 4 parking. If there's not enough parking in that area with 5 the density that he is asking for, then they're going to 6 come to Hunters Ridge and right back to what ~~ Parker 7 had to say, the Quick Dry Cleaner stood in front of this 8 Council and completely lied to you or whoever n the ones 9 maybe previously to you that they were going to have 10 access to Windriver when they exited~ They did not. They 11 did not have the permission of the owners of that comer 12 lot, and so we are their public turnaround and thae s been 13 a real sore spot in our neighborhood. So that alone, is 14 enough to worry us a bout the parking situation if there is 15 not enough parking in that areao 16 And as a representative of the people of 17 Denton I would ask that you deny this. And r m sorry I 18 got my letter in so late. Thank you. 19 COMMISSIONER STRANGE: Thank you. That's 20 all of the cards I have for people who wish to speako Is 21 there anyone else here who does wish to speak on this 22 item? I do have two cards that are in opposition but did 23 not wish to speak. One is Kathryn Parker at 1524 Hunters 24 Ridge CircleJ Denton and the other is Cynthia Wright and 25 Page 30 Ismael Ramirez and 1528 Hunters Ridge Circle~ So those 1 will be recorded into the n did you want to speak or just 2 fill out a card? 3 MS. BAKER I'm Hope Bakero I live at 916 4 Ellison Park Circle. It just really bothers me when 5 people say like the proposed -. they say, well, we know 6 there's drainage issueso When I moved into Ellison Park I 7 had no idea that my back yard was going to flood five days 8 later. I know all of the people in Ellison Park, we sit 9 -- unlike Hunters Ridge, we sit much lower than the empty 10 lot and drainage has been a huge issue for us. Also, as 11 you asked about the lights that would only be six feet 12 tall, they may only be six feet tall, but they t re going to 13 be a lot taller for us because we are so much lower. 14 I would also like to reaffrrm wbat A11yson 15 said that when I bought, the builder and developer of 16 Ellison Park told me that there would never be an issue 17 with that corner lot, that it was zoned residential. That 18 zoning would not change. The City would not allow it, 19 that the people who come with original intent of buying 20 who are residents can be assured that zoning cannot just 21 be arbitrarily changed to something else. I don't know 22 how that happened with the dry cleaner and a drugstore, 23 but this is adjacent to very, you know, to property owners 24 and also to say once again, that the people in Ellison 25 Page 3] Park are really trapped. We were never allowed -.. you never did it -- the City never allowed a cut-through for us. We are not allowed to do a U-turn where the school is across the street. And it is very, very dangerous -- we have several older -. I wouldn r t consider myself that, but even older people in Ellison Park and itts very dangerous to try to turn aroWld when people -.. and speaking of people that say one thing and don.t -- do another. I went to an informal meeting when CVS pharmacy was going to be done, and I asked if they -- I said you can tt let them exit here because of us turning around. They said, ob, no, there would not be an exit there. And there it iso So 1'm very leery of what's said and what actually happens. Thank you. COMMISSIONER STRA.NGE: Thank you for your comments. Okay. That's all of the cards that we have. Is there anyone else who does wish to speak? Does the applicant have any rebuttal statements or anything they would like to bring back? MR. REICHHAR T: I have a few things and this might help a little bit. Here is a preliminary plan I was just giveno And 1'm a little hesitant to show it because it is very, very conceptual. And the -.. COMMISSIONER STRANGE For some reason we have that on our screen, but we don'1 have it on the big Page 32 screen. Can we do that so the audience can see it? Thank you. MR. REICHHART: And there are eight buildings on here ranging in size from 4,500 to 5,600 square feet and again, it's very preliminary 0 It shows the buffer around here. And, againJ here. s another site plan that was done a little earlier, but this was sent, done by an engineer that was looking at the drainage issue and he was looking at a couple potential areas to do some detention. That's little shaded areas~ Rough estimates are about $60,000.00 to try to catch the water prior to going off the site. So we are trying to look at those issues, and until we have a site plan, we know they're out there, but, you know -... and we have to address those issues as we go through the process. We think that an office park with the limitations we have on this property is not going to be that huge or that drastic of a safety is sue with children. We think the hours of operation are compatible with the school, that the kids get there earlier than the office is typically open~ And definitely leave prior to when the offices close. So we think that the hours are compatible with an office, profes s ional office park. We've heard a nwnber of times that wetre PLANNING & ZONING REGULAR SESSION, SEPTEMBER 13, 2006 Page 29 - Page 32 Page 33 Page 35 1 trying to get a maximum return, trying to always maximize 1 I had a comment 2 our return. If that was true, we wouldn r t be putting so 2 COMMISSIONER STRANGE: okay. 3 many restrictions, land use restrictions that is going to 3 MS. CARPENTER~ Mr. Chairman, I wanted to 4 limit the amount of return that we potentially could get 4 report to the Commission and to the audience, in 5 if we had commercial uses on the property, and putting a 5 particular the people in Hunters Ridge that two or three 6 nlUllber of restrictions on the property that is increasing 6 weeks ago, the Council approved a change to the dry 7 the cost, the masonry, and some landscaping and some other 7 cleaner and the doctor's office across the stree~ and 8 things, you know, that is decreasing how much money or 8 there will be a connection between the two, so the V-turns 9 increasing the amount of money wet re spending on the 9 should stop because that traffic connection that was 10 propertyo So we're not strictly maximizing our return by 10 originally proposed is now going to be in place. So 11 putting all of the restrictions on it. We're not just 11 " thaCs a good thingo 12 looking at that. And I think one thing we've got to step 12 COMMISSIONER STRANGE: okay. Mr. Watkins, 13 back and look at is that to some extent, the Development 13 you still have your button on. Do you have anything else 14 Code, you know, encourages Neighborhood Centers to that 14 to say? 15 extent, and if you look at, you know, what is happening in 15 COMMISSIONER WATKINS: sorry. 16 this area, we have a nmnber of conunercial residential 16 COMMISSIONER STRANGE: okay. With that, we 17 intennix throughout this entire area from, you know, the 17 will close the public hearing. And do we have a motion on 18 Wildwood Inn, the office parks throughout this entire area 18 this item? Mr. Thomas. 19 that has that intermix with residential areas. And they 19 COMMISSIONER THOMAS: If the -- as I 20 can coexist and quite honestly, we think that what we're 20 understand it, if this complies with cWTent regulations, 21 proposing addresses a number of the neighborhood concerns 21 we have the right or almost the mandate to proceed this 22 to the~ you know, as reasonable as we can,. excuse me -- we 22 further to City Council for their purview; is that 23 believe that if s consistent~ if not better, than what's 23 correct? 24 taken place on the other four comers of this 24 COMMISSIONER STRANGE: well, that's our 25 intersection~ 25 purpose is to make a recommendation to the Council. Page 34 Page 36 1 We don. t believe that this property is 1 COMMISSIONER THOMAS~ well~ I move that we 2 really conducive to a single family residential 2 send this to Council for their review. 3 development. And as stated in the staff report we think 3 COMMISSIONER STRANGE: well, we need to 4 it is consistent with the Denton Plan -- excuse me, and 4 take it with a motion, so you .... 5 the Development Code, and we would like your positive 5 COMMISSIONER THOMAS~ I move that we 6 vote 0 And with that, I will be happy to answer any 6 approve this and that it go to Council for reviewo 7 questions that you have. 7 COMMISSIONER STRANGE: For approval? 8 COMMISSIO~ER STRANGE: Any questions of the 8 COMMISSIONER THOMAS: For approval. 9 applicant? Mr. Watkins. 9 COMMISSIONER STRANGE: okay. We have a 10 COMMISSIONER WATKINS: Thank you, Mro 10 motion for approval. Do we have a second? We bave no 11 Chainnan. Larry, what percent of the people on the two 11 second. Do we have " another motion? MI. Watkins. 12 sides oppose this? 12 COMMISSIONER WATKINS: Thank you, Mr. 13 MR. REICHHART: I think that staff was 13 Chainnan. W ouId it be possible for Larry to talk with 14 saying wetre at 22 percent right now. So if it continues 14 these poople again? I see a pretty nice development there 15 at that, it will require a super majority vote at City 15 with a lot of good parts a bout it, but I can't vote 16 Council. 16 approval of it with this number or this percentage of 17 COMMISSIONER WATKINS: Well, I know you're 17 people that own the property on !\va sides. Would you be 18 developing and I hate to see it go that way, but still in 18 willing, Larry? 19 all, we have to protect the neighborhoods, if you know 19 COMMISSIONER STRANGK Are you suggesting, 20 what I mean. Thank youo 20 Mr. Watkins, that we would table this item so that they 21 COMMISSIONER STRANGE: Any other questions 21 would have time to have additional input from the 22 of the applicant? Thank you. 22 neighborhood and work out something? 23 MR. REICHHART: Thank you. Just one 23 COMMISSIONER WATKINS: Yes. Yes. I feel 24 second, we do have staffo 24 from what I see Larry can explain this thing and it's 25 MS. CARPENTER; I didn't have a question. 25 going to be pretty nice. But still by the same token, I CondenseIt 1M PLANNING & ZONING REGULAR SESSION7 SEPTEMBER 137 2006 Page 33 - Page 36 Page 37 Page 39 1 can't bring myself to vote against all of these folks that 1 2 live there~ I would move that we table this to a date 2 3 certain, the next meeting. 3 4 COMMISSIONER STRANGE: staff, what is the 4 5 next date certain that we would have for bringing this 5 6 back? 6 7 MS. CARPENTER; Mr. Chairman, the 27th is 7 8 the next meeting but I don' t think that they can have a 8 9 meeting and we can report on that. So the next meeting 9 10 after that would be the -- is it the 9th of October? 10 11 MS. SHEL TON~ The next would be the 11 th of 11 12 Octobero 12 13 MS. CARPENTER: The 11 th of October. Thank 13 14 you. 14 15 COMMISSIONER STRANGE~ Dr. Thibodeaux. 15 16 COMMISSIONER THIBODEAUX: I believe he made 16 17 a motion and I was seconding that motion. I agree with 17 18 him that maybe some discussion would help the situation 18 19 and maybe some of the concerns that were raised can be 19 20 discussed and addressed. And so I second that motion. 20 21 COMMISSIONER STRANGE: okay. We have a 21 22 motion by Mr. Watkins and a second by Dr. Thibodeaux for 22 23 fa bling this item to a date certain which would be October 23 24 11 th, and the reason that we will be doing that is so that 24 25 the development group can meet wi th the neighborhood to 25 Page 38 Page 40 1 attempt to work out compromises along the lines of the 1 2 things that were brought fOfW'ard tonight, buffers, 2 3 location of dumpsters, traffic, off-street parking~ I 3 4 think the record clearly shows what was there and I'm sure 4 5 everyone took notes on that So is there any other 5 6 discussion that we wish to have on this? 6 7 Okay ~ So we will be voting for a tabling 7 8 of this item to a date certain October 11 tho Please, 8 9 vote. And the item passes to fable 5-0. Appreciate 9 10 y'all's coming out tonight and making your conunents heard. 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 CondenseIt 1M PLANNING & ZONING REGULAR SESSION, SEPTEMBER 13, 2006 Page 37 - Page 40 Condenselt 1M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 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 Noo 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 propertyo 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 000 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 consnuctiono 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 lineso 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 0 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 - Page 12 Page 13 Page 15 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 lineo The post 9 can tt replace the fence. 10 of the fence will face the commercial development with the 10 COMMISSIONER EAGLETON~ okayo 11 flat side towards the residentso 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, comer of Teasley and Lillian Miller, some site 14 con struction 0 14 photos requesting the zone to NRMUo 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 previouslyo 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 sameo 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 0 It r s a 3 questions of staff? Thank you, Ms. Shelton 0 3 different way of saying it. The fencing is eight foot 4 COMMISSIONER EAGLETON: I" d like to ask one 4 Cedar as we talked about. And -- and Itll show you on our 5 question, if I couldo 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 minimmn 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 0 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, Mso 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 ftm1, but Con den selt 1M PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006 Page 13 - Page 16 _ CondenseIt 1M Page 17 Page 19 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: JUst 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 -- rm 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 enginrers 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 buffero 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 meo 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 possiblyo But this would all be left natural until each 15 guarantee that it will be this flavoft 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 Page 17 - Page 20 Con den seIt TM Page 21 Page 23 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 thereo 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 0 6 in place screening those lots, so the 3D-foot buffer 6 MRo IRWIN: The reason we kind of changed 7 wouldn't 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 ino 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 buffero 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'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 basiso 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 thereo 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 MRo 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 themo 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 enougho 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 sideo 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 Page 21 - Page 24 Page 25 Page 27 1 trying to be more custom~ if you will, in our approacho 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 buildingo 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 MRo 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 ino 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 welre -- 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 bit 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 0 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 worko 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 MRo 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 mixtureo 17 MRo IRWIN: -- happy to do that in both 17 COMMISSIONER STRANGE~ okay. 18 placesA I think and Mr. Cae is hereo He may want one 18 MR. IRWIN~ I think some of the buildings 19 here and if be does, to help his problem, 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 okayo 25 question I've got -- excuse me; another question rve got, 25 MR. IRWIN: SO it's kind of laid out as a Con den selt 1M PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006 Page 25 - Page 28 Page 29 Page 31 1 mixture there. 1 piece of property~ 2 COMMISSIONER STRANGE: okay 0 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 0 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 concerno 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: There's 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 MRo 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 stageo 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 Nori 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 pleaseo 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. Mro 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 developmentso 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 southo 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. Condensel t TM PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006 Page 29 - Page 32 Page 33 Page 35 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 0 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 employeeso 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 zoneso 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 0 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 siteo 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 mareo 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 dido 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 thereo 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 Mro 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 fenceo And if he wants to cut the grade down below the Con den seIt TM PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006 Page 33 - Page 36 Page 37 Page 39 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 addressedo 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 ~- 11 addressed. Thank you for your timeo 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 Thompsofio 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 ..- 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 0 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 3, 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 haveo 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 buildingo 24 MR. REICHHART: COrrect. 25 So to say -- you know, to reduce and say 25 COMMISSIONER STRANGE: And we bad nine Condensel t 1M PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006 Page 37 - Page 40 Page 41 Page 43 1 items that were overlay items before we added two more. 1 know that that t s right, that there are 110 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 MRo 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 welre 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 nowo 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 MSo 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 beo 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 experienceo I think 6 COMMISSIONER STRANGE: well) the point now 7 one issue I'm having a little problem with is that wetre 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 shaded 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 MRo REICHHART: please. 21 residential. And now we've changed it to 1000 22 COMMISSIONER STRANGE: I think my 22 MRo 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? CondenseIt 1M PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006 Page 41 - Page 44 Page 45 Page 47 1 MR~ REICH HART: That is correct. 1 MR. IRWIN: Yeah. 2 MRo IRWIN: 7S was the original and then we 2 MS. CARPENTER; okayo 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 p laceo 9 MS. CARPENTER: NO, it I s detention 0 9 COMMISSIONER STRANGE: And you'll -.- you'll 10 MRo 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, detentiono 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 MRo 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 MRo 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 Itm 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 conftnll the language in nwnber seven needs to ~d, let's 19 in the future. I don'1 know J just a point for discus sian. 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 CondenseIt TM PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 2006 Page 45 - Page 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Con den selt ThI Page 49 that are up in the airo 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 0 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 Noo 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 Noo 1 is going to be modified to exclude any abortion clinics. It's also going to be modified to exclude any animal researcho 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 dumpsterso 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 pondo 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 50 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 it's going to be done. But I also 6 think that this is probably going to be a good use for 7 this property 0 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. I'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 witho 18 COMMISSIONER THOMAS~ 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.o 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: secondo 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 0 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 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 Con den selt 1M PLANNING & ZONING REGULAR SESSION, OCTOBER 11, 20Q6 Page 53 - Page 56 EXHIBIT 10 Letters of Opposition ~ NOTICE Or: PUBUC' HEARING Z06-OO24 ~ Plaming ilnd ZonI"" Commission rllI1e CIIy of De1icn will P1cNd a PlJbJic hNrIn~ on Wedlesdajr, ~ 1 a, .2006, to COfI8id.. IIlaImg a llH:<<mIentlation to GII;y CouncJr CDI"lCemfng l'tZOnInQ of ~matatj 3.5 8ctea: from El ~ ~<lI-2 (/I.R-2) ~ diitr1ct to -lII lIIu1ghbot,OOCj Residentrllll t,tb!<<l ;liSle (NRMlJ) ZOnlrll dIab1ct wIIh lII'I ~ dfatrkt 19 Blow ofIice lIStNl. The {In:lPUr1;y la IoaItad at the f1C1'11Jwert 00ITIIIr Of T.easrey lane and UlIw. M1II8r ~rd. (~024, T a9&y PRlfeS:5Jorr~ p~. Loli SheIon) . . Tht pubic hGa1~ wll stHrt.1it 8:30 P,m. in tha CIty Cocn::i Ch::rnber8 of CIty Ha~ rocated at 215 E. McKlrney stIwt Oenton. TIiXaa. ~ you O'.tn JJIOp8rly wtrhtl fWD !tuadnId (200) fbet of th8 ~~, fbtJ Planning lJ1KJ ZiWng CommksiOr.J wo.ufd ~ to hwu lIf1tIlynu I&e/ Gout thJ$ IIlqUUt fNJd in. ~ to sftMd ths pIIbJiI:. hefH#ng. P\iqli, h Older fur ~ opWm to he- lilcen InIc accollnt, t'8(um lhis form 'MIll ~ ClOmII'lIir;ia. Pf'l'or b the I1aW at flit ~Ic healt'lg. {ThJ8.r., 00 ~ /KQhibIts yo.Ii titIm 8i1Md/nrJ fIntI PBr1Jcipafj1'u In 1he ptJb//c hGIirtIg,} You may 1aIc" It tv fOe I'1lM11bar fOCRtad at tha bottom or II"IBll It to ttle acldrasa beSow 0l"dmD tt off jll-pB!'8CII1: ~nnlng &lid o8vIIIopllHUlt ~ 221 II. Elm ST Denton.. T8:us 71201 Aftn: LarI~.... Project..~ n.... tanns .fIt II8iId kI CIdaIbte 61. INI'aIIrDge of r.ndOJrnGrs thai ~rt In....(lppoee thu I'1IqI:lllIt. Th,'Commb;;IiDn is lriomted or Ihe ~ d ~ in I!IIipport alld m opPtllb:m. . rn f8vor Of ~US8I: PJq.. -Ie one.: ____ NEilnllIo'n.q1Jelt .~~)' R'1*aI18 lor OppoalU~~ Whau. J :PWdIMai.m;y:bonlll.1 ~ on dle &:t tbit NR,.2 JWIiog 8jJJlliM to my CIIIt!Ie ~ includiog ~ nbjq pDpCrty. IIIIBWD:d this meaul that b land bchmd lUe WOllll btlCOJDt 1I c;:Imrgb. If b zonm, 1BI_ ~~ I ltVIdd haw ofIjqd Ii. .bwor prite:fbr my Goutc. I cbD."t thiJk Ollt 8IW of tolrn can M.IlIly haanc tbe cdra tJdIc IIlInMId bJ' ~ the ~ land to QOOIlIUCid I ~Iy~ my DiPW CIItcnD on fo I..illian Mmm-. Tbia:road iI already too ~~. . =~~ --T~~~' J\WIng ~d~: Ctty~ Ste ~:. T8.I~phcn& Nr.lmber: - J QoO PhY8~ AddnJ,* of ~ wIhIn 200 rHt: ~ CITY OF DEN'Tr:JN. 7El(AS CfiyHNJ. WE8T · DENrott, TEICA.3 Te.2Vr . ~1 . 1Fl9CO.!4tmiT ~ P&z.r-ca. ~ NOTICE OF PUBLIC - HEAlttN6 ZOI-H24 The PfllnnIng and Zon~ ~ron oIb CKy 01 Denron ... hold a putllo _li1g un Wedneed-r, Sltprsmbllr 13, 2008. to ~dll' mlkirQ III ~Ition to CIty c.c.a11 QX'Il8fIIIng rezoring of aPJlRDdmalGIy 3.S 1Chf; tn:m · Nei;tblrhood ~n111f.2 (NR~~ zanhg dBtdd 10 a N~ R.rdBnIW JAtNed use (NRMU):mq~ dA1ct....... .. MIIBv ciIIriCt to aUow GIioe ..... lhB property II 10C8Ied at the norvw.t com.. of T~ line and LlfiIIII MIler BouIev.rd. (.ZOB.OO24, T88BIBy Pnt-cnal Praza. L.ott Sharon) The public ....q wiN stlrt... &:30 p.m. In Ihe CiIy Counc:II Chalnbers Df aly HlIIcIc8Ied .. 215 E. ~ SCreet, DenIon, T_s. ....)IoU OMJ ptDpmy ..... I'Mt tJuxhd (200) ftBt of Ibe atIbjKt ~ tIJe PtannIng inti ZOting ~ IIIL'lIrAt .. to ",. bow JiUU feel BIJout tfds I'IOUUf SlId ~ you to IltItMtI the ~ hNItw. Pre.e. In CIRI&r I:Ir}Olll' OPinion 10 be tHen JnIo ICI:launL ......m 1hjs.l'tnn wfth your OOOIments prior III 1IW d.. at the publle ....ring. (>>lis m no ...y -- )IOU hm 8IIeIdJg end ~ ~ Me ,.. "-"v.l You rney f&K 110 th8 runber bJIeed ... DoItam cr mi. I to the adcft8a. below or dmp it 011 r........: .....1....... ~PMmt D.......... 221N.BrnIT Denton. T_ ~ Attn: 1.Gd.... PraItct...... . .... ... 11'1 DId to alctd.te .. ....... of _......... .... ..... _d-Oppaee the ....... l1'Ie Camrnllsron is lnfarw... 01 the ~ of 1IIpon.. in.uppan Iftd it Oppoillfon. In fiver cI~ ~--_. ~~ ~ Neulratto ..... · 0iIp0&ed 10 Nqoed n..~.. far 0,,.....: Ple..u... f'ec c:...~ Ift./kr. Slgn;lUnt: A1rRd Name: Matrhg Ad"': CIy_ SlIde. ZIp: Telephone Number: 0 - 1__ Pb)Wice1 Add,.. of Property wNhIn 200 feet ~,sI,t~, ClTYOFD&l1tlN.. TEXAS arvHW.W6ST. ~ 1'EMS 7taJt .. _......... rJt40.3e.7707 aGO' ,.~ 'Ia6bt CHARLES & KATHRYN PARKER 1524 Hunters Ridge CircIe Deotm TX 76205-2913 Telepme (940) 483-9338 Planning and Development Department Attn: Lori Shelton 221 N. Elm Street Denton, TX 76201 September 12, 2006 Re: Z06-0024 Lot 1 Block B, Hunters Ridge Subdivision Dear Ms Shelton: I'm writing to express my opposition to changing the zoning in my neighborhood from residential to commercial. My wife and I own Lot 13, Block A, and our back yard adjoins the subject property. There are a number of reasons for our opposition, but I'd like to comment on the most important of these reasons: 1. This lot has a clear history of residential zoning, and we have relied on that fact. a. When our neighborhood was subdivided in 1993, the entire subdivision was zoned SF-16. The LDS Church acquired the land at a price based on that zoning. Homeowners correctly relied on the zoning in place when they purchased lots and built their homes. b. My wife and I purchased our home, which adjoins lot 1, in 2001. One of our frrst concerns as we considered the purchase of Our home was the use of the property behind us. 1. We relied on the fact that zoning at the time permitted a home, a school, or a church. Since the land was zoned residential and owned by a church, we concluded the use wouldn't be commercial. ii. Had the land behind us been zoned commercial, we would not have llurchased our home. c. The Denton Development Code reaffinned the residential use of our subdivision in 2002. While the zoning was renamed from SF -16 to NR -2, the concept remained that our entire neighborhood remains zoned to allow homes, schools, and churches. 2.. The proposed development is too dense.. a. The developers haven't yet specified their building plan, but their preliminary drawings shown to neighbors showed eight buildings in excess of 5,000 square feet each, or 40,000 square feet in total b. This is the equivalent of ten times the size of the existin~ dry cleaners recently built on Lillian Miller.. c. Upon development of the project, there would be aDDroximatelv 200 ooople workin~ on the site (aSSuming 200 square feet per employee). Customers, clients, patients and vendors would increase the level of traffic even further. 3. Rezoning to commercial use would increase the safety risk to Sam Houston Elementary students. a. The school district already employs four crossing guards each morning and each afternoon for kids to cross existing streets. Additional traffic of this magnitude will increase the level of risk at this intersection. It's already unsafe. and a zoning change wil1 make it even worse. b. Current zoning allows this property to be developed as a church or a home. Churches have traffic patterns that complement those of schools. A. As property owners, we should be able to rely on zoning in place when we buy property. Adding traffic, reducing the safety of our schoolchildren, and the enjoying our back yards at our homes should not be compromised just so a property can sell for the highest possible price. Thanks, ~4 Charles Parker --- NOnCE OF PUBLIc . HEARING ZOMDM The PIlmnlng snd Zon-.g ~ of lie CRy of DeI:ib. .. ;ad . PIIbIIc... era WIldnBSdly, S...... 13, 2008. to COII$kIer INIkfD2 8 ~ion to CUr CoI.mCil ~ ~ or applUlld..-.y 3.6 8a'eI from a NIIg~ RBsIdenusi-2 (NRo2) _ing diIbfcItD a Nldgbborttood Rasldlnllal MIlced U&e (NRMJ) :zuri'v cIsIrIct... .. 0WwIIy cIIIbfCt to "lOw oJIIae.... The ~ ...,.sty is taaed .. the northWest earner of T.., La.. and ..... MIer ~ {ZI)8..CJa24, lea&lBy ~ Plaza LorI SWan) The P. hllllm, wIl alart at &.30 PJ'fL i1 .. ar, CoINIl a.&nIbeIs d cay HIIllDCIIIed It 21! E. 1.taKb1ey ..... Denton. T... Bei:wwe J'W GWIJ: ,...", __ fwD Ihlndvd (2QO) 1M ", Me 8&dr11<<~, It. PlInrrmg and ZmIng ~ ...., .. to hNr flow JQI ,., Ibout "." IBqWllIf BIrd.,.. )IOU ID -<<tmI tile pubjo ~ "'--In md.. far)'QUl' OpIrrion 10 be taken, Into 10ll0I.Ilt" runm HI form ... )fOlIr CClllune.... prior 10 1he dllB ot 'lie PUbic h..... (WI In no way Pllhibll jII;IU .&am attMditJg Md ~ In the putI/r1 ,."..) Y.. 01111 fax I m the nuntter ..... at... bo1Iarn or mal II to the ~ tKItow Gr dRIp JI aff~: . . .....nlng.d~.. .DIp-.e..t 221 _II. IT DInIan. T... 78211 Alan: lorI SheIoa. ,............ .... fa_ .... u.d to CItaIraIa the ~ fJf ......... -UP... and 0,..... the ........ The Oornlaton is Womtd fI", peQlllfI....... in IUIJPOIt end in CIppDIIIkIn. fnilvororNqlMld ...... ~"'II Ntulralt)~ · ~to~ ...... Slgnature;~ Pri1lIcI Nanw Mallrta AddMs8: CIIy. SIat& Zip: + TeIripharl. NUmber: . PhyaI"'ofProper1ydlJn200feet is" J./';" t6? ~~Cr~4. - CIFY 01=' DENTON, lEXAB CRY HALL WEBr · ~ .... 71201 . ........1 . 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AI,-. -J hive..... hat... .......M~"aur....-..... ........,. -. . ~ ,- ~Z/~~/ · s: \OUT Documents\Ordinances\06\Zfl6-0024 Teasley Professional Plaza.doc ORDINANCE NO. ,~ i.~ f AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 3~5 ACRES FROM NEIGBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT, LOCATED AT THE NORTHWEST CORNER OF TEASLEY ROAD AND LILLIAN MILLER BOULEVARD, AND LEGALLY ~ DESCRIBED AS BLOCK B, LOT 1 OF THE HUNTERS RIDGE ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,OOO~OO FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0024) WHEREAS, the Invin Realty Group has applied for a change in zoning for approximately 3.5 acres of land legally described as Block B, Lot 1 of the Hunters Ridge Addition (hereinafter, the "Property") from a Neighborhood Residentia12 (NR-2) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district classification with an overlay district; and WHEREAS, on October 11, 2006, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; and WHEREAS, the City Council makes the following findings: A. The change in zoning, as further modified by the overlay district herein defined, is consistent with the Comprehensive Plan; and B. The overlay district herein defined will protect and enhance the Property and ' surrounding area which are distinct from lands and structures outside of the overlay district and the immediate neighborhood; and C~ The regulatiocs imposed in the overlay district serve important and substantial public interests by preserving the integrity of the neighborhood surrounding the overlay district; .: D. The conditions associated with 935.5.2..4 of the Denton Development Code for impositi.on of a Mixed Use Residential Protection Overlay are found to be met, that the conditions proposed are intended to address the concerns of adjacent t residential uses for the proposed nonresidential mixed use, that the imposition of these additional conditions s;erve to address those concerns, and that the applicant has consented to them as additional zoning requirements; and NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1~ The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district classifications and uses designations of the Property is hereby changed from Neighborhood Residential 2 (NR-2) zoning district classification and use designation to Neighborhood Residential Mixe.d Use (NRMU) zoning district and use designation, subject to the additional requirements of a mixed use residential protection overlay district (the "Overlay District") containin.g the following additional regulations: a~ Permitted uses are limited to professional services and offices, administrative or research facilities, and medical centers. No animal research is permitted. All buildings shall be single story construction. 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. All buildings shall be 9,000. square feet or less in gross size. The commercial development will use no name association of the surrounding neighborhoods. Lighting will be either flood lights or pole lights that will not ;. exceed 6 feet in height and will meet the regulations provided in Section 35.13.12 Light and Glare Performance Requirements of the Denton Development Code. 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 1 large canopy tree. every 30 linear feet and 2 native understory trees every 30 linear feet within the buffer zone. The buffer zone will be included in the individual lots and owned by the individual property owners and developed and installed as each lot develops. The buffer will be maintained a professional property management company through a property owners association. The association will be in place prior to the issuance of any Certificate of Occupancy. All buildings will have a minimum of 80% masonry distributed evenly on all sides of the buildings All dumpsters shall be located at least 100 feet from all residential property. The developer will provide the minimum number of dumpsters that is allowed by the solid waste department standards. The solid waste department permits shared dumpsters. Estimates show four dumpsters required for this project. The applicant will provide an 8 foot high cedar fence with aluminum posts along the western property line. The post of the fence will face the commercial developlnent.. The fence will-only be constructed adjacent to those lots where the homeowners have given permission for the fence construction. The applicant will provide detention ponds on the site as needed and approved by the city to help relieve existing runoff to the adjacent residential lots. The developer will place the detention ponds outside of the required buffer zones if possible. b. c. d. e. f.. g. h. 1. J. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4~ If any provision of this o!dinance or the application thereof to any person or circumstance is held invalid by any court, such in_validity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5~ Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,OOO~OO~ Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6~ That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) day's 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: EDWINM. SNYDER, CIT"Y'" ATTORNEY ---- -------) BY:-~~~-- e-:::----~... EXHIBIT 6 Site Photographs 12 AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEP ARTMENT: Planning and Development Howard Martin, 349-8232 .. ACM: SUBJECT - Z06-0032: (Lexington Park Phases 4 & 5) Hold a public hearing and consider the adoption of an ordinance to rezone approximately 1.722 acres of land from a Neighborhood Residential-4 (NR-4) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district. The property is located on the west side of Teasley Lane approximately 1,000 feet south of Wheeler Ridge Drive. The Planning and Zoning Commission recommends approval of the request (7-0). BACKGROUND Applicant: Ashton Dallas Residential LLC Dallas, TX The applicant is requesting the property to be rezoned from NR-4 to NRMU with an overlay district to allow for the development of professional office and retail uses, the overlay will further restrict the building height to one story and require the building(s) to be of residential style architecture. The parcel is platted as Block L, Lot 8 of the Lexington Park Phase 2 Addition. The property was zoned Neighborhood Residential 4 (NR-4) in 2002 with the adoption of the Denton Development Code. Public notification information is provided in Exhibit 5. As of this writing, staff has received no responses from property owners within 200 feet of the subject site. PRIOR ACTION/REVIEW August 2004 - Property was platted as Block L, Lot 8 of the Lexington Park Phase 2 Addition. November 8, 2006 - Planning and Zoning Commission held a public hearing. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0). - 1 - EXHIBITS 1. Staff Analysis 2. Location Map 3. Zoning Map 4. Future Land Use Map 5. Public Notification (Property Owner Notification Map) 6. Site Photographs 7. Minutes of Planning and Zoning Commission, November 8, 2006 8. Ordinance Prepared by: ~- ,- ," "" .,' ; , -- . - . ,. , ~ .>' .' ~ :. -',:--'>"~- . ~~, .' - -, Lori Shelton Planner II Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development - 2 - EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO: Z06-0032 DA TE TO BE CONSIDERED: November 8, 2006 LOCA TION: The property is located on the west side of Teasley Lane approximately 1,000 feet south of Wheeler Ridge Drive APPLICANT/ OWNER: Ashton Dallas Residential LLC of Dallas, Texas REQUEST: To rezone Neighborhood Residential-4 (NR-4) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district. STAFF RECOMMENDA TION: Staff recommends approval of the rezoning request. ZONING DISTRICT: Neighborhood Residential 4 (NR-4) allows primarily single family residential development with some allowances for duplex style development. Residential densities in these areas will average four homes per acreo COMPREHENSIVE PLAN The subject site is located within the "Neighborhood DESIGNA TION: Centers" future land use areao SITE AND SURROUNDINGS: The property is currently undevelopedo As seen in Exhibit 2, the property is separated from the NR-4 development to the north and west by a retention pondo North: Neighborhood Residential 4 (NR-4) - Developed residential; retention pond and single family housing Neighborhood Residential 4 (NR-4) - Undeveloped residential zoning Neighborhood Residential 4 (NR-4) - Developed retention pond Planned Development (PD-176) - Developed residential subdivision South: West: East: - 3 - BACKGROUND INFORMA TION: The subject site is part of the Lexington Park Subdivisiono This single family subdivision was originally called Chaucer Estates and Phase One containing 67 residential lots was platted in 20020 Phase 2 of Lexington Park was platted in 2004 with an additional 76 residential lotso Phase 3 was platted in 2005 with 99 residential lotso Phases 1 and 2 are currently under constructiono The proposed 10722 acres of NRMU would be the only commercially zoning property within the subdivisiono ANAL YSIS: The following tables compare the current permitted uses allowed in the NR-4 zoning district with the proposed permitted uses allowed in NRMU zoning district. Residential land Use Categories NR-4 1 NRMU Agriculture P P Livestock L (7) L (7) Single Family Dwellings P N Accessory Dwelling Units SUP N L (1) Attached Single Family Dwellings SUP L (40) Dwellings Above Businesses N P Live/Work Units N P Duplexes L (3) N Community Homes For the Disabled P P Group Homes N SUP Multi-Family Dwellings N SUP L (4) Commercial land Use Categories 1 NR-4 1 NRMU Hotels N P Bed and Breakfast N P Retail Sales and Service N L (17) Restaurant or Private Club N L (11) Drive-through Facility N SUP Professional Services and Offices N L (17) Quick Vehicle Servicing N SUP 4 Laundry Facilities N P Outdoor Recreation P SUP Administrative or Research Facilities N L (14) Broadcasting of Production Studio N L (14) Bakeries N L (21) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L (X) = Limited as defined in Section 35.5.8 L (1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50o~ of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L (1).5. 4. One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50o~ of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L (3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. L (4) = Permitted as part of a mixed use development of ten (10) acres or more and only in conjunction with office, retail or other permitted commercial or institutional uses. L (7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L (11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L (14) = Uses are limited to no more than 10,000 square feet of gross floor area. L (16) = Uses are limited to no more than 1,500 square feet of gross floor area per lot. L (17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L (21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L (38) = Must meet the requirements of Section 35.12.9. L (40) =Limited to a maximum 12 units per acre. 5 The following table compares the general regulation required in the NR-4 zoning district with general requirements required in the proposed NRMU zoning district. General Regulations NR-4 NRMU Minimum lot area (square feet) 7,000 2,500 Minimum lot width 50 feet 20 feet Minimum lot depth 80 feet 50 feet Minimum front yard setback 20 feet None L (2) Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 1 0 feet None Minimum rear yard 1 0 feet None Maximum lot coverage 60% 80% Minimum landscaped area 40% 20% Maximum building height 40 feet 65 feet* 10 plus 1 foot 20 plus 1 foot Minimum yard when abutting a single- for each foot for each foot of building of building family use or district height above height above 20 feet 20 feet * The proposed overlay district restricts the building height to one storyo Areas within a Neighborhood Center may develop in conventional patterns or may be developed in a pattern of 'neighborhood centers' 0 Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhoodo 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 commercial center is consistent with the goals of Neighborhood Centers as described in the Denton Piano The small commercial center may reduce vehicular trips created by an already highly populated area by providing convenient retail and commercial services to the surrounding neighborhoodso The proposed overlay district provides additional restrictions to protect the adjacent neighborhoods from incompatible commercial development by restricting the building height to one story and requiring that any commercial buildings constructed on the site be of residential style architectureo 6 DEPARTMENTANDAGENCYREWEW: The following are the comments made by the Development Review Committee regarding the proposed rezoning: Engineering - . Staff will assist with arranging a meeting with TxDOT regarding the drivewayo Verify driveway/access separation from the existing drivewayo . Connectivity to the south will be requiredo . Most likely no median opening will be allowed in the futureo . Dedicate ROW to ensure 6705 feet from the centerline of Teasley Lane and construct 5-foot sidewalko . Dedicate 20-foot additional public utility easement on Teasley Lane . No service connections are allowed to the 20-inch water line on Teasley Laneo . Show topography and plot base flood elevation from the existing LOMR, (Letter of Map Revision) to show proposed property is outside of the flood plaino These comments will be addressed during the site plan review for the building permit. No other department had comments regarding the request. RECOMMENDA TION: Staff recommends approval of the rezoning request. FINDINGS . The proposed rezoning conforms to the Future Land Use element of The Denton Piano The proposed zone change request is consistent with the Future Land Use element of the Denton Plan and promotes neighborhood services in a predominantly residential area. . The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements and public convenlenceo The proposed commercial development has adequate transportation, water and sewer access according to the development review staff evaluations of the rezoning request. 7 EXHIBIT 2 Location Map NORTH 8 EXHIBIT 3 Zoning Map 9 NORTH EXHIBIT 4 Future Land Use Map 10 NORTH EXHIBIT 5 Public Notification II'.. .- ".. 1 11 1 Ill~ Ilr 1/ l~' --'! "-Ii I J::::I::::l {:::I:::#. : 1 ~T!- -~~~ I II 1_ - II F ~k9::1j(~L - I - 100 n BUFFER ~ - II h:}IlIl.Il~ 200 FT BUFFER E - *'-.~ ~ lL I l,-~ I 1--::1-- - ' ~~ I I" ~ - -._~ L.I I lL ~~ I I --= - -= = ~ ,.. ...... T ~ ~..-- - --V Ir~ I - =--1 , l ~ ~~ ~ ......-j 1 L-I ~ ......... ~ ~......... - Il 1 I'i ~, ~D\..~ ~~~ J = II ~ SITE L-........ ~ u/ ,=9' ' 111 '\ L rJI~ II ~ "'j~ I '"""-' fif~.-LII : U~~~=-=ll=- - rt[ = ~ H [ -0- - 1 ~ ...... -- ~ i-- ~ ...... ~ - ~ ~ ~ 1 ~ r-- ~...... ioo-r r r--II __- i-- t--- p---- ~ - =- \- [)g~gl~J ....... I I I::::::::.1.... Newspaper Notification Date: October 22, 2006 Percent of land within 200' in opposition: OOk 200' Legal Notices* sent via Certified Mail: 8 500' Courtesy Notices* sent via 1 st Class Mail: 23 . In Favor: 0 . Opposed: 0 . Neutral: 0 11 EXHIBIT 6 Site Photographs 12 EXHIBIT 6 EXHIBIT 6 Site Photographs 12 EXHIBIT 7 Planning & Zoning Commission Minutes " l'.nitiIn1 !lelt'D[ " Page 9 Page 11 1 COMMmSICtmR STIL\NGE:: The.oon item wiD 1 nus is 1be notifk:ation Imp which shows 2 be out pablie Imring 9f.C'dcm~ Fet' tMlIe of you noc 2 tb8 parcels notifir.d widlin 200 fea. or the property 3 fe.:Otiliar with Planning and Zonin& if}\)U with to $prak an 3 0"iI'illt1'S and 1:hn 500 feet. S1aff"b.!.s m::;eivcd 000 letkr -4 mIY item 1bat is soiog m appear in this public hcariDg 4 in opposition 10 ~ ~~. Tb:: first site j geCti:m ~ Section 3t YCD wID need to t1D. om a j" pIDIo is looking to b:nordJMst Yon can see b 6 yelImv card wbkh yon 11 find looa1ed outside 1he ckx.~ 6 ammitics building for Lexiugkm Pm: and tbc retention 7 turn it in downstairs. :indica'tin8 your ~ 10 c:itb:r 7 pond tbcIc I:IW8rd 1b:r ldt: side of 1he pie1uIc. 8 spcok (I' not spcok. Yon am mo regi.m:r )I01lr oppositioo 8 This plDtogtaph is mkiog to the !I~t 9 or your stlPJtOI1 fel' any item. 9 from Tea&my LaDe. TbI= propolled zooe "R:quest is 10 So if yrnI wish In 8pf2Ik (I' wim =to be'w: 10 coosisbIt witb 1he :future lend 1I8e ehnoot of the Omton 11 YOOl' opinion ~ pkasc pie.][ up a card aod bBD.d it 11 Plan and promrJ1DI DeigliOOrbJod services in a pn:domiDatdy 12 in down front 12 re!!lidfntial8l'C8~ " The pmposo:l ccmtIlfr'[;:BI dmrdopmcnt has " 13 The; fin,t ikm ~ ~ tuDigbl: i& h::m No. 1:3 adI:qua*; ~ wakr and fj'CiMI" acc~. 14 SA which is remoing of ~ 1.722 sea ftom B 14 AcaJn:liD,g 'kl tm ~ ravktw EIt8ff eWuatiDD8. of 15 ~ Rt.&idBntia14 z..c.nmg LlWrict In a 15 tte tm:Ofting Ileqllelflt. Bued 00 tbMe findingst mff 16 ~ Residential.Mixed Use Zooiag ~ Ms. 16 ~ uppmVal oftbc"lCZODiug rc:.qucs1 ud rn be 17 S~ 17 J:.ppy fD aoswm 8JlY ~ 18 MB. SHELTON: Ym,. thank you.. The first 18 OJMMISS(()NFR SlIANG& Any qoe8'IiOmJ of M&- 19 :t1idc hen:; !ilimn 1te ktcadoft of the property. You Wl 19 SMltoo.? 1bank you vet)'" mu.ch. We~U now opal the public 20 set k location of th:::rc:fcntion pond to 'k \Vest and 20 Ir.aring. Is 'IJ:E a:ppliamt lrm and do tmy wish to !ipool? 21 ncd1. Wb:eb' Ridsc: Subdivision is. to 1h= ~ aDd the 21 NIl BROWN: [hit a button. rID. &an'Y. 22 ~ ~ is a IiUIe mi5lmding in lbn 'WmrJer 22 Wbich buUon do I put it back? 23 ~ is; nmch .DlOl1:r built out dmn thd. 23 ~ S11lANGB: plfa8e give us yOur 24 We ~ our.aerial just can't keep up wi.1h 24 DIIEIm and a.d.dm&s.. 2:5 our growta The applicant is ~ tb; ~ to 25 NIL BROWN: sorry.about flat My name is Page 10 Page 12 1 be 1'ClOocd from "NK04 to NDfi1 to al.bw a 00IllIllCIcial 1 Mnrdy Brown. I'm wiIh Doigbty Amhnon 800 As.soc::iates. 2 devdopmeot. TIc paP;d i6 plattai as BlocI: ~ Lot S of 2 rm ~ ~ the actual owner and ~ of 3 the Lfmn.8Ion Part Phase 2 .Addilioo, and 11>> ZOfIiDM 1DaI' J ~ property~ Ashton Woods. -4 hen:: shows ftc; c:Dstiog .roniog lxih to 1be north md .!WIh 4 Just a lit& history 00 100 projoc.t We S as NR-4! to 1m 'M:St - I matD, pardml ~ tm mst ...m 5 'W(:l'C rctam:d bBCk .in 2O<Xl 10 do 1m i.exingu. P8rk. (i is . Planned DereJopmcnt which is WIr.cXr Ridge aDd 1hat 6 Subdivisioo: fix Ashton WoodJ. And we abo ~ tho 7 area to the souJleast is aetualIy ill 'tb= E7l~ kind << a -- 7 engiIEa' and plalmcn fer tiE: prnpc:rty across !be sbtd; 8 the ~ properly lH \Yell as .aD of th8 iurromdiIJg 8 ~ ~ So we lave a long bistmy of 'WCfking widJ. 9 property is cbignabi as NdgbbOOlood ~ Future Lend 9 this prcject 10 Use ~ :a.reas 'Within a nP-igl1lnr"hnod cm1l:r may dcYc!op 10 Two ~ 880," 'We were Ine on electioo 11 in 00IJ\aItimud pBtUns ar may be devebped in 8. paunn il night gcttiog that aIDCDiiy CCDb' apJJI'CIVC:d 1hn:Ioeh yoo. 12 of neighbcdood emUs 0 12 guya. .And lhat's turned out Wry ~ as ~ This. 13 Neighborhood f:.fftlmS" ere orimied iowardly 13 kavc-rnrt: had e1ways befID. coosidrmi. At the ~ I 1.t :focm.iog OIl the cmta' of 1be neighborhood and c:onIBiniDg 14 think: we l\ae deaJiIJg with Debra Vaa and Lury 1S fecmdet vital to the day1o-day activity of the J5 RcichbBrt, it wu a few JeIIIS ago, as k D:igbborlnxJd 16 neighborhood. 1"6 scrviees - Bl k ~ the timing just wun't risht. 17 A ~ oea. migbt oonllIin. R 17 The climt had odlcf things going CD aDd at this time, 18 COlLvt:Il!cnc:e ~ small ~ penanal sa.-rico 18 ~'8 B. 1JM:I" that 9 CODli:II &loog 1ha1 wants to put a 19 ~ cbmch 01' BYD~ day-can:; individual <ffiJ::C 19 iiIt1e office buildiag there. 20 ql8C8 or a small park. Tm~ c~ curia' is "20 We'd Dlwa.ys crrrisioned alba- an oflkc 21 consistlro with 100 g08ls db oeiQhbMlood omtaJ as 21 ~ a little rcta1l or maybe .a day-care center, 22 de9c:ribed in "the DcnIon PlRn. ~ small 00IIIIIDCi&l C81ter 22 !KmedliDg'tO ser;i.cc & ~o And ItIll sorry 23 may mIuoo trip. in mJ. alR:OOy highly popnhdallll'Cfl and .23 tbd ~ proposed US<< ill "not .here. Appaxntly~ be had 24 ~ convariart mail and commctcial CCI"Viocs 'tt tk: 24 some drawings: he was going to ibJw you of a. buildins. I 2j mrmuoding~. 2S bdicwt: jtt ~ just il one sbry litde a:flke building. PLANNING &: ZONING IlEGULAR SESSION, NOVEMBER. ~ 2006 Page 9 - Page 12 13 I ";onoense.ll-- - 1 2 J 4 S 6 7 ;g 9 10 II 1:2 13 14 15 1:6 17 18 19 20 21 22 23 24 2S P-913 " And I'd be glad. to 8DS'Wef any questions. l..ike I ~ 'We 1 pretty much have a long hiskwy with this and can 8IlSWa 2 anything. 3 ~.slRANGB: Any questitms of t.he " applicant? Thmk yoo vay much. 5 MIl. BRO"WN; okay+ thank yolL 6 COMMISSIONER S11lAN~ we do have one card 7 that wishes to ~ Pete Schmridtr~ B l'd1t ~ HOW you doing1" Pete 9 Sclmuider, 2BOS Desmt Drive~ I'm * propeIty direcIly 10 across the street. If youtre looking at tOO ~ on the 11 left-hand ~ the end lot Wk:o I pnrdmscd my bJm: in 12 Whee1el' ~ I Specifically inquin:xlllhout tie lot 13- ooross the stred: mm to the pood and kind of like the 14 view of an qJeD field, like a pond to look at. I really 1:S diW t t want to look at an offu::e buildi.ng ~!! the 16 street I know the - I guess 'What tOOyrre tryiDg 10 17 upgrade to tb: ~ the status of that ptOperty~ I guess 18 cOuld ~M a 6S-foot office building; iB that true? 19 . . I called 'Up dwing ~ wa:k and I spoke tot I believe) .20 Lmt. is that you? How am you doing? 21 MS. SHEL 1'ON"= Let 1m respcmd. 22 Mll SNYDHR= SUre.. 23 . MSr SHBL lON~ me maximum building heigbt 24 in the NRMU District iB 65 foot. 2S Page 14 MR. SNYDER: so my coocem iB alJbougb 1 ~re PlanaiD8 on puniDg a one-story littte office :2 bui1dWg 1bm:: IIO'W of sotPC kind, tl:m in 111; :futum fhoy :) cmdd come in BDd 8&r~ 'Mill, you gave Ul1;be approval. Vk 4 changed cur miad. We want t.l put a 1iInI:"8uy bitilding S :b1ttere dBr s 65 feet taD. ADd I tlIink. itls a 6 :t'CiidcIrtial area. I think tlaa's nice :hDmcs 1bat;. I 7 1bink. it looks loTZY ~ Its very ccunb:y boki.ni 8 Tha1t,g wlIy I purchased 1b:: bcuc in that ~o I also 9' fed 1ha1amusl -tm Btft"et fum IIIB 1Iae ate four or five 10 homes 1hat are just "bang buill. 1k=y!JC set to ~IOK 1bc 11 end of tbil BKmth ~ the bc:giDning of next:mond1, ~ nf 12 wb:ich is within 200 :fool of dris kx:atiaD. And. dmse 13 pcoplewUI ~ in afterpQSlibly;, you 1mow-s1bisis 14 . appnmd. ADd they won It have . cl1ancc to Jar 1hwt this IS is goiog on in 1he in"b:rim.. 16 So I don 11 know if thcR: is any Way that 17 you I}8Jl saul a nmIfica1iaD of'tbo&e people oc look into 18 possibly notifyina: 1hr.m mmcbow ptkw to you guy; 19 .a.pprom:.g "this. But I think they ~ to bow dm ~ 20 is going to SO CD bd'mc tbt=y purehasc th: hxre thinking 21 ~'m loaldng 11 . nice'viR across b= sb:wt BDd tlm 22 fitid out thtmP I going -m he I!OIDe type of of6co bu:ikWJg.. 23 I know thca'CP 5 an initi8tiw= 10 put somdhi~ here that's 24 good fur lh= cmmwoity, but if" s my -.mdcnbwdiDg tb:rd s 25 Page 15 ~ m ~ B Kroaet s not aD ejgb:tb of II mile lIP 1D== m.t 1"Ix:mt S already a Wal-Mmt within! yw klx:wit. a few miles each din:ctiao. "I'Iat s CVS~:8 0 ~8 IlIfficiaJ.t.day-cBIC risk up the stm:t CD. HickcEy C:t:dc... IbtR'. II. 1(t of tbing8 in tl>> &re8 8Imady for lb8 :rmideots ~ uti1ize~ so I don tt knew :if this :k obsohrtdy m:cDSsary jnIt 9C ~ CIl1 put anotba:' little gtrip mall BCmSS the stIat 1hac. "I know lbra/8 - yro kDow"~ eva:ybody \WnW to :JDRkc a buck and put smn::tldng in thfre ~ you" know~ do samdbing nice. fur 1M cammmiIy~ But I kind of like the way"i1Iooks. Tbatrs why I took k time 10 came ~ 1Imight. 000 voice my opinion. COYMlSSlONER S'JRANGE: we appreciae your ~o Mlt SNYDRB.: dmy.. Thanks. COUMJBSKIrrnR sTItANtE: Tbmk you.. 'I'hat's tile only card that we had for anyone -wOO wanted to ~ OIl this item.. Is ~ f!.D.)'ODCi else here "Who intended. to have a carrn TI:mdt you.. Do:a 1b: uppWmt lVis.h to bttvc any rebulta.l $tIIbm1111 MIl BaOVJN~ the only 11dns I can really Ialj1 is th81 ~ can~t help whet W'.U ~~ If hcll - youlnowl if lc bWght &.t heme; pm1icularly 'becmse ~ ~ it 'was golng to be an opeD fic:ld! looking at tb;: Page 16 1ak: we ~ d1at was mwcr'tm intmt. If"W'l: did. - jf dBe was a potmtial1o put a s:iog1c ccl-dc-$ac there with thrt:e bouscIt yauP d still end 1JP with Ibree two-story houses on tlmt lot. So I &m.' t tb:iok. the view .is going to stay~. It is a platted lot Somdltmg is going to liaI'PEn on it. And Q far as t1c laud me gOCG, it is ~with ~s omIiDed aud~ m your OWII anliu.mX:c and had tan plautfed 00 by 1M devdoper ell abIg _ what tbc cud use;: was going 'b be BS B sr.rvJoo to 1Id1j: ~. It's kind of an imlmed litrlc pm 80 you caa" radIy - ir s uot ~ direetly to b" ICSt of LcdDgIoD Part.. ADd M far as D 65 ~ I wan, ht~ljust ~ =illy W1. iInpossibility. I mean. yw have matimun, ~ if you did an office buiktiDa lhat W1iiB 14-focf ~~ yan+ d still ad lip wid1 not enough. space to pot partingr It is ooly an .acn: and ~",,""qBMb, )00. :mow,. once you do the City's :required ~ mp.riml puting and every1Iring, yuu'd end up with 8 tower or samcIhing to try to go six SIlft4. ~S'l'RANGE~ And tbat was aoing 10 be my qucstiono Wlmt can you affi:J" to give: him some assurwx:e d:ds is net going to be a five or six 8Iory - NIl BROWN~ Ac1DBlly, it+ I jII81 the physical CCI1t'I:I'abd5 of b ale. It is: onlys like I PLANNING & ztJNI'NQ RBGllLAIl SESSIO~, NOVEMBtiR 8,. 2006 Page .13 - Page 16 1 2 3 4- 5 6 7 S '9 10 11 12 13- 14 IS 16 11 18 19 20 21 22 23 24 25 14 .om.seltlK Page ] 7 Page 19 1 !t3i~ one aDd - 1.7 1KiRS. Yon do have seIbacD~ Tim 1 " CODditinn of the motion that "We wuuld.make and approve) 2 back end of this ptCJjE.-d slopas aff into 100 pmd. I 2 that it would be ~d to si:ag1e sto:ry which wcold Ir.lp j dm.'t knew it it really &bows 1h8 topcgftphy" bnI Dot 111: 3 appease tk: D:igbbors. "4 wmm - 1m whole property ~ not lJtiM:d fix -4 MR.. 8ItOWN: Yes, absolutelYo 5 deYcIcpmc:nt as. you ~an see ba;ausc it~s .HOt - you lmaw, .3 COMMISSIONER STRANGE: okaYo Thank you. 6 itlsll'iaQ1Ular in mope. Yon can+1 RB1ly pad:. n.r's IS " MR BROWN: And wet d still .have to 80 7 going tD md lip bcine: opal space QD. hcdi of fMBe cotI1fn. 7 through the site pIan ~ on a lot of this s1:ufL 8 So it'i9 just a ~ again, itls just ~ weird kfuna 8 CO~ S~OE: okay. Are you okay 9 -- ba:;aug; d th: -q,o 1hat waf on it tracl of laod aDd it 9 with ~ Jerry? Okay. 10 bad illways bad d1is plan to bave some Slrt of .smuD. 10 COMMlSSlONEll1HOMAS~ In that ~ I would 11 mrigIIbxhood' ~ ~..s a doy-eBre about I ~- 11 :make a ~ tbe.t we &pprove this lmed upon -- well) 12 I dao tt know. Is dart ~"aCtnaJ. day-tmtc 1bcrc is tm 12 hold on. ] need. to ~ a ~ Studd this - should 13 next &\II dawn, I tbink, k:aial ~'t cab;b it tbd's 13 . they go back mid a;bieve that overlay district before we 14 similar in tizc: and use as far as 1be impact of b 14 vote on this? What is. the protoool? 15 oqbbarbood.. "ADd ~lii net rmlly obtrusiw. 15 MS. CARPENTER: unless lefty has an 16 <."OMMISSrotmR SlRAJi(JJ!.: ADd. tlx= buDding 16 objection, CommiSsioner, I think - and 1be applicant has . 17 thatt s. going to be bWh dJ:R is lingle story? 17 agreed, I 1hink. itt S all right, since it I S more 18 M& BROWN: That s 1k: office - 'lIE IJ8CI' 18 restrictiw instead of less restrictive thai: tOO motion 19 rigbl now that is: pmpoging a litde office dac be ~ 19 could be that you move ~ app:ove this zOning with an 20 .., pmking reqoitatats of k 'tqD8Ie footugc of k 20 overlay ~strid:ing a.e use to a single-ibJry buildiugr 21 ~ Aod with 1bc: ~ and lbc lImdacatJe . 21 MR. BROWN: That's correct. 22 R:Q.uiranmIs, it would Only - it ooIy suppmtai a 22 COMMISSIONER. 1llOMAS~ okay. Thank yon fur 23 DOe1!tmy 1Jni1diog :in hir. designo 23 that -- then I will. - ex.cuse me, I rooomtttend approval of. 24 COMMISSIONl!I. STR.ANGf..: ADd 10 ~ would 24 this pco.ding the conditions of -- 25 ooly Imvc OQC building on this :bt? 25 MS.. CARPHN1Ell~ with an overlay. Page 18 Page 20 1 MIL BllOWN: on this ~ yes... 1 COMMJ:8S1ONER 'IHOMAS~ - with 1118 condition .2 OOMMISSIONBR ~ oby~ AD ~ 2 of an overlay. 3 MR. BJK)Wtr," 'l't8nb. 3 MB~ ~ NOt a oondition, with an 4 COMMl9SIONER. SI'R.ANGB: If tlae me no " ow:rlay~ 5 oIbec quc:stions of file applicant,. 'We will close "the I'OhHc 5 COMMrSSIONBR. moMAS: with an Overlayl 5 larin& Do we have a. motion 00 this item? We dc.n It aD 6 cb:y. 1hauk you fm -~ 7 ha:ye to mol: 8 motion at ODe time. 1 MS. CARPEN'IEIl: ItIS im.porbmt that you ~ 8 cotdMlMIONER"I'IIOMAS; Mr+ o.:innan, this is 8 that lartguaee. 9 not 1lIIII-.:mlikc 8 caac- tIE1 \lie ssw :furth:t- up the r..d 9 COUMISSlONE.Il THOM!lS: 1he ~ity is 10 wb(;r(; 'by agrced. to 40 all ovoiay and givti tk 10 important, I agree.. 11 . ne.igbborhood a little bit D1OI'O of a t"OSIric;tion so 1hIt it 11 MS. CARPENl'ER.; Yes.. 12 was funited. to - emme me, to a catain hcjgb:I,. to 8 12 COMMISSlONER rnOMAs: Yes. Wt.th an ovet"'lay 13 ca1Bin type of ~ to uppeiIIC 1bc ~ I 13 resbi.cting the bui.l.din8 to a single sr.tty and I -would 14 gocu I shou.ld mvc ukcd 1his ~ wIx:n }"DU ~ still 14 like to say in a :reDdential nature. IS up lae 88 fBr as questionr... Wau1rJ ymI be - wotiW. yuu. be 1$ MR. BROWN: with an overlay:t ~ you going 16 intmttat in doiag aametbhlg IiIm lbaI? 16 ~ MY that ies DDly aD offioo buildiDg,. or is it tm.der 17 COMMISSIONER~ ~t:tc's.,mgis 17 our zmriDg we cooId put same sort of residential use in 18 tD CllliiC S(J:DC of the ~ pcd:mpl~ of CmmnissDx:l;a 18 there; isnlt that cmrect1 19 :and the ~rs) yon could do an. Mn...,nm.-nt b the plan 19 MS_ CARPENTER: Mr'o a.airman, the NIlMU ~ that you~ submiUtd ~ md just an overlay to go 0Ilt 20 . zoning 1h1t the appliceot has applied for doo8 not apply 21 thIt would .say that dae bui1didg height 'iWmld be Iimi1td 21 - does" not allow single family+ 22 to a UogIe sb'y ~ 11m SG!C my applicaIIt -would 22 MR. BROWN~ NOt single fa:mil.y - it doeso tt 23 be wiDiD& to do ~ to give "those ~~ to the 23 have any other ~ type use at all? 24- cumIO properly 0WDm'I. 24 l\ofS.. CARPFN'l'Ell: "Ibe Nnm for which 1he 2S COMMISSIONER S'JR.AN(jfk That 'NODId bmome & 25 applicant applied allows attaclrd smgJe family 'With ~ PLANNING & ZONING REGULAR SBSS]ON~ NOVEMBER 8. 2006 Page 1 7 - Page 20 15 CcmdealeItDd: Page 21 Page 23 I SVP~ dvrdliDgs above a ~ 6ve-wmk ~ 1 ItroobJre. "2 COOlIIIUDity km:a fc:L' the dilSblc:d, groap l1amM with BD SUP 2 COMMJSSIONEI. ~TRAN:QE: okay. " 3 and multi-family units 'W'.II:h an SUPo 3. ~ 1BOMAS: I abo ~ something 4 Ma. 8ROWN: HOCIlllSe h:y lmvat't clmcd on 4 came in) but if it W88 of a ItSidcntiaJ. appearan~ go that 5 this property in i.ntm=crt of my -cliem,. if 'We were 'Q} do B .s it would fit in with the neighborhQod similar to what "the: 6 -- in a residential type UBC ~ with the- office, it fi overlay further up tb: rood -was. 7 lYOnkI s1iD be two-8tmy 8.9 .ff fr's tOOay zOnin& it's R-4 7 . CO~ STRANGE:: Are you happy with B 'WOuld mIl allaw a two-story ~ ~ 8 that? 9 CCJMMISSIONBR!DOMAS; 11hiot that would be 9 NIt BROWN: I have not iI.Ul the elevation:. 10 lOina-" aaaiDSt tm CNmBy di1itrlct 1hat ~re refmiog 10 so I am I t really ~ to that" 11 101- 11 CO~IONER.1HOMAS: 'Ihat way ~ in 12 MB. ~ [just wanbi to clarify daat 12 tb:: nei@bborbood - it doesn It stick cut. 1:J CD tb; mcord. 13 NR. BROWN: As far as znniD,g goes, I don tt 14 <XJMMI&.CmNHR TBOMAS: TO auwer your 14 know how Ibat would be zoned by k City. ]5 quM~ 1 won1d say 000 15 COMMISSIONER. THOMAS: 'Jhatls the purpose of 16 MIl lBOWN: so it 'would I'II1h ~ - :lIlY 16 1he ovahlyr 17 n:sidc.uIial use. ., MR- BROWN: okay~ So the City -- during 18 mMMIRONERSTRANGE: welL just by the 18 the site pIarming ~ we1d provide elevaJ:Ums.. 19 :fact Ihat you.vc asked" for tbis rezmIins is going to put 19 ~SI<JNER. STJlANGE: ~ subject to 2(} yon into thi, NRMU wb1ch docs not allow any :rc:sid:DtiW 20 approval. 21 cda' theD w:bat Ms. Carpartm- bar; re&d.. 21 MR. BROViN: 'Ihat's fine. 22 MR_ BROWN All right Not that "We~re 22 COMMISSIONER. STRANGE okay~ We have a 23 planrdng residcmtial, but I just y;ant ~ be c.bt 00 tbat. " 23 maIion. Do lNC have a sec:ond1 Any CJt.hcr discussion? H 24 Tlmnkyuu.. 24 not, please vote. tk vole pa89i:8 7-0. 25 MR. lJIlAKE: ;on by vfrtne of 25 Page 22 Page 24 1 l;lari:fication, our Cede ahcady c1tt:s ~ fur a IIIi;g;d 1 2 WIC R8idcm:dal. proleCtion .ova:lay wbrm ~ 10 2 3 addtaIs t1x; oonocms of 0WID'8 of an mistins 00jmxm .) 4 rcWcn1ial ua and it would provide: fiy buffet 4 5 l~~~b, 1Bndscapiog.. scl'CCllilJs iDcreascd saback, . S 6 addilional baden pafumaace based remIcdow; 1IJ)QIl (j 7 the pmpotring IUe and wooJd modify ~ 1!Ddcr1ying zoning 7 :8 homwc:r this docs m:pDrc dE; consent of 1hc 1IpplX:anJ;. :8 9 you know, based lp:ID tD:: app1icant~ s consent as t%pI'CS= 9 10 ~ I think thrl:~~ be in 0Rkc~~ if'dJe 10 11 8ppIican:t IDs any" ~ about giving ccmseD~ tb::n it 11 12 ~ net be tte ~tc time t.o cOnsider an ovcday~ 12 13 ~ONEB. SlllANCffi: A.rt: yon okay "'With 13 14 ~ ~lay? 14 15 MR. BROWN: YM, I am.. IS 16 ~:mt.4NGB= oby. So 'We blvc 8: 16 17 motion by Mr."Ihmmso Do 'We haft: II accood.~ 17 18 COMMDSICINHK. W.A:J'XIlrlS~ xccnd.. 18 19 CONIr!ISSlCNIm ~ we have a motku by 19 20 Mr. 'Ibomas and Ii seoond. by Mro Watkins.. ADd I 1tmk ..rm 20 21 ckar on. the ~~ I hID:: tn ask yon 10 SO ~ that 21 22 again. But 1:hc modem :is 1Mt this will be epprovoi 22: 23 wh.Ptt to the EWtrictiouI Qf an ~y fhrt will .23 24 " ~trict tis to B ;ooo-smry - 24 :M ~ 'IOOMAS=- A ax-stmy 2S PLANNING A ZONING REGULAR ~ESSION,. NOVEMBER 8, 2006 Page 21 - Page 24. 16 S ~\Our Documen1s\Ordinances\06\Z06-0032 Lexington P2I'k.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 1.722 ACRES FROM NEIGBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNA TrON TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH A OVERLAY DISTRICT LOCATED ON THE WEST SIDE OF TEASLEY LANE APPROXIMA TEL Y 1,000 FEET SOUTH OF WHEELER RIDGE DRIVE AND LEGALLY DESCRIBED AS BLOCK L, LOT 8 OF THE LEXINGTON PARK PHASE 2 ADDITION, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0032) WHEREAS, Ashton Dallas Residential LLC requested a change in zoning for ~pproximately 1.722 acres of land legally described as Block L, Lot 8 of the Lexington Park Phase 2 Addition (the "property'~) from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning districts and use designation with an overlay district; and WHEREAS, the City Council makes the following findings: a. The change in zoning, including the overlay district, is consistent with the Comprehensive Plan; b9 The overlay district will protect and enhance the Property and surrounding area which are distinct from lands and structures outside of the overlay district and the immediate neighborhood; c. The regulations imposed in the overlay district serve important and substantial public interests by preserving the integrity of the neighborhood surrounding the overlay district, while offering a different type of residential home to the public and the neighborhood; d. The conditions associated with S35.5.2.4 of the Denton Development Code for imposition of a Mixed Use Residential Protection Overlay are found to be met, that the conditions proposed are intended to address the concerns of adjacent residential uses for the proposed nomesidential mixed use, that the imposition of these additional conditions serve to address those concerns, and that the applicant has consented to them as additional.'zoning requirements; and WHEREAS, on November 8, 2006, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; 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 zoning district classifications and uses designations of the Property is hereby changed from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Neighborhood Residential Mixed Use (NR.MU) zoning district and use designation with an overlay district which requires that the building height be restricted to one story and the buildings be constructed of residential style architecture. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage~ PASSED AND APPROVED this the day of , 2006~ PERRYR. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEP ARTMENT: Planning and Development Howard Martin, 349-8232 .. ACM: SUBJECT - S106-0004 (Denton and Krum ET J Boundary Adjustment) Hold a public hearing and consider adoption of an ordinance amending the Extra Territorial Jurisdiction (ETJ) boundary between the City of Denton and the City of Krum. The amendment would result in a net loss of zero acres for the City of Denton and the City of Krum. The Planning and Zoning Commission recommends approval (7-0). BACKGROUND In 2004, Kirk Wilson on behalf of the developer of Aspen Park in the City of Krum submitted a formal request to the City of Denton to release seven acres of the development to the City of Krum. The Aspen Park development, a 60-acre tract located on Hopkins Road, north of FM 1173 had approximately 53 acres inside the City of Krum's extra territorial jurisdiction and approximately seven acres within the City of Denton's extra territorial jurisdiction. The purpose of the request was to allow subsequent annexation of the entire 60-acre tract into the City of Krum as well as Denton's water and wastewater Certificates of Convenience and Necessity (CCN). On January 24, 2005, Tim Fisher, Assistant Director of Water, presented this proposal to the Public Utilities Board (PUB) and to the City Council on March 1,2005 along with a proposal to make similar adjustments for all of the other large undeveloped tracts of land that had similar multi-jurisdictional issues that existed in the Denton-Krum ETJ boundary agreement (See Exhibit 2). The proposed agreement would transfer approximately 17 acres from Denton's ETJ to the City of Krum. Some Council members had reservations about the potential loss of 1 7 acres of Denton's existing ETJ to the City of Krum but in an effort to help expedite the Aspen Park development, staff was directed by Council to process the Aspen Park request while the City of Denton and Krum further evaluated the ETJ and CCN proposal. On March 28,2005, the PUB recommended approval (6-0) of the release and transfer of60 acres of Denton's Water and Wastewater CCN and 7 acres of Denton's ETJ to the City of Krum for the Aspen Park Development. Subsequently the Planning and Zoning Commission recommended approval (6-0) on April 27, 2005. On August 2, 2005, the Council voted unanimously to adopt ordinance no. 2005-210 approving the boundary adjustment releasing 7.011 acres from the Denton's ETJ to the City of Krum. Presently, Denton Water Administration staff has prepared a new boundary adjustment agreement. The goal of the new boundary adjustment agreement is to maintain a net loss of zero acre of ETJ between both jurisdictions by delineating the ETJ boundary along property lines hence eliminating the division of tracts of land. The current proposal only has one tract of land with a split jurisdiction and the ETJ line on this tract provides a more logical relationship to the wastewater metering point that defines the end of the Krum sewer system and the beginning of the Denton sewer system. The City of Krum City Council has reviewed the proposed boundary adjustment agreement and on January 23,2006, approved Resolution No. 06-01-R in support of the boundary adjustment (See Exhibit 3). The resolution requests that the areas shown on the attached Exhibit A of Exhibit 3, be released by the City of Denton to be included in the ETJ of the City of Krum and thereafter in conjunction with such release, the City of Krum would release the areas shown on the same exhibit to be included in the ETJ of the City of Denton. On November 8, 2006, the Planning and Zoning Commission recommended approval of the new extra territorial jurisdiction (ETJ) boundary adjustment agreement. It is requested that the City of Denton release areas, shown in Exhibit 4, within the City of Denton's ETJ to the City of Krum in conjunction with acceptance of areas within the City of Krum's ETJ resulting in a zero acre net loss. The boundary adjustment agreement is described in Exhibit 5 and shown in Exhibit 4. PRIOR ACTION/REVIEW January 24, 2005 March 1,2005 March 28, 2005 April 27, 2005 August 2, 2005 November 8, 2006 Public Utilities Board Meeting City Council Work Session Public Utilities Board Meeting Planning and Zoning Commission Public Hearing City Council Public Hearing Planning and Zoning Commission Public Hearing OPTIONS 1. Recommend approval as submitted 2. Recommend denial 3. Table item RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0) of the new extra territorial jurisdiction (ETJ) boundary adjustment agreement. EXHIBITS 1. Staff Analysis 2. Denton-Krum ETJ Boundary Agreement 3. City of Krum approved Resolution No. 06-01-R 4. Zero Acre Net Loss Map 5. Mutual Boundary Line Description 6. Ordinance 7. November 8, 2006, Planning and Zoning Commission Public Hearing Minutes Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO: S106-0004 DATE TO BE CONSIDERED: December 19,2006 LOCA TION: The ET J boundary adjustment is located between the City of Denton and the City of Krum APPLICANT: City of Denton OWNER: City of Denton REQUEST: An amendment to the City's ET J boundaryo It is requested that the City of Denton release areas, shown in Exhibit 4, within the City of Denton's ET J to the City of Krum in conjunction with acceptance of areas within the City of Krum's ET J resulting in a zero acre net loss to both jurisdictionso STAFF RECOMMENDATION: Staff recommends approval of amending the Extra- territorial Jurisdiction (ET J) boundary between the City of Denton and the City of Krumo SITE AND SURROUNDINGS: The subject areas are within the City of Denton's and the City of Krum's ET Jo North: South: West: East: City of Denton ET J City of Denton ET J City of Krum City limits/ET J City of Denton ET J BACKGROUND INFORMA TION: The Water Administration staff worked with the City of Krum representatives to prepare a new boundary adjustment agreement. On January 23, 2006, the City Council of the City of Krum approved Resolution Noo 06-01-R in support of the boundary adjustment. The new boundary adjustment agreement releases areas within the City of Denton's ET J to the City of Krum in conjunction acceptance of areas within the City of Krum's ET J resulting in a zero acre net loss to both jurisdictions, eliminating splitting numerous tracts of land and providing a more logical ET J boundary line in relationship to the wastewater metering point that defines the end of the Krum sewer system and the beginning of the Denton sewer systemo DEPARTMENTANDAGENCYREWEW Tim Fisher, Assistant Director of Water Utilities, has been the City's representative in negotiating the new boundary adjustment agreement with the City of Krumo He and his staff prepared the Zero Acre Net Loss Mapo Paul Williamson, Real Estate Manager, assisted In the preparation of the Legal Description and has reviewed it for its completenesso ANAL YSIS: The proposed amendment to the Extra-territorial Jurisdiction (ET J) boundary between the City of Denton and the City of Krum would resolve multi-jurisdictional issues that currently exist in the Denton-Krum ET J boundary and would result in a zero acre net loss for both jurisdictionso RECOMMENDA TION: The Planning and Zoning Commission recommends approval of the Extra-territorial Jurisdiction (ET J) boundary adjustment agreement between the City of Denton and the City of Krumo ...... ~ .. - ........ - - .. . . .. ~... -. ......... ..",. ..,. ~.". ..... ...... . - ...~ It.#y.. ::i ~(.l." h'u"jnCJ",~'Ou.lhl"H.eUm}.;,f1U) l~-':I~b... .....rn:r.Uh'!t1 ctu<. " Il 0. /""'0;. "2/ DJ ORI)lNA.NCE.N()~ .e7\ vl~~~L AN ()T:rDINAN(~E f\PPl~()VlN{l A 1-30tJN~DAJt'{ J\.DJ\JS1"1ME~NT~ P\(}R.EE'M13Nlf .BErrWF~EN "l\'HE CITY Ol~" DEN.'rON ANI) rfH.E CITY OF !<.RUh1" WIIICll .REI~EASES EXTRJ...TERRITORIAl; J1J.RISDICTI01~ I"N CERT A1N REA1~ PROPERTlT ANi) [:s~r/\.BI,l[SftES A F1Jl~tJRE. B01JN"DARY I:sE'TvVt~T~N ~rI-rE 'r\vo C~IrrJI~S;. f\Nl) PI~()V1DTNG AN EFFE(~trlVE .l)A1~E. " . 1.\Hl~ C()lJN(~Il~.O'F TI{E CIT'Y ()F Dl~N~r{)N~ i"r13X.l\S r-rI~.RE13Y 01~J)AINS: SEC1'\IO'N 1.. The. M.Ctyor, or Iler designee, i~ hereby authorized to execute a Boun_daTJ' Aujustn1cnt /\gTCCTI1ent be1\~lCen t.he City Q.f Denton and the (~ity of Krlfn1 in substantially the fbn11 of the Agneenlent which is attached lO and 111ade a. part of this ordinn11cc for all purposes. '"rhe C~ity C;o-unciI hereby finds that the. Agreen)ent is ill tht; public interest. - .s.1;..c.J.~lQHo.2. Tbl~ ordinance shaH beconle cffectivq l111111ediately upon its passage and approval. I It/t.I.. "'1;'" I. . PASSED AND APP'ROVED tllis the __1~'J ~_. day of .-.'M.1tf-lLe.~l!.L&t{.~:._--_.. 2001. >i ~ ~I ~ /" - ".... tjf _~~4'!~_.!:~-~cI:-::~._--_.,_._.__. ElJL1N-"E l~l~O(~I<'~ tv1A VOR " A 1trrES~r: J ENN.l F-ER W ALT.E"RS, C:TT)* SE(;RE'T AR:'( .~. -'\ } / \ t " I ,1 j !()/"I 17 .~L~.. R: : "--rJd'dJj tt!,!j2.....--~ t-. II. /cJ ,,{..Lf':-.,>rl.L<j /j r Ap.PROVEl~ AS TO TJ.ECiA1.i FORM: HERBE:R'I~ L. PRO"U1~Y~ Crry l\'ITORNEY " ,.." 4....., __...._I..~-. ~ _,,~~_.. ~~",.I"' ~/./. ~. _.---~... ..-" _.~- //".' On. _....~'S.~'";~~ ~--' -?-1.. ~ ..e.- .O~ " /__ .. ~.r __........ .8") r : ...... ~~'7""" ~'l. -~- . -.--. -~~-"" ----..--1-.-.--..-. .~----_.~.- ! / L_,;...... ,// 01391lJ~tP-,\ T{ Y... ^ D~t~t~J.~11~riI_~_<i!~k~~~~1V1E~.r . l'fIIS AGREICMENT 1S lrtade" and entered into by and between the (~11.~'" Of? DENTON, 'l'EXAS1 hereil1after referred to as ".Denton", and the CITY OF KRUM, TEX"AS1 l1ereinancr referred to as uKrunl"A .\V~IERE~4S, ](rU111 has heretofore, ~nnexed o~ intends to annex certail: real pr~perty. into " -. its city lirn.its that is vvit.hin ~Dcnton"5 extr:lterrit.Ol~ial jlJri~diction ('~lTrJn)~ \vhich prOpCrl)~ is particularly described in Exhibit '\~" attached hereto arid nlarle a part hereof by reference .and depicted in EXJlibit uE" ~lttachc9 hereto and n1ade a parl hereof by reference (canerl the HPropcrty' '); nl1d "?lIEREAS, Denton d~sjres t.o release to Krum all of its rights in and to its E"fJ in the Properly and to consent to 1< rUll) i $ annexation of the Propcl1y~ and " "'lIEREA~' Denton ~tnd Krunl desire to establish a future rnutual city llrnlt bOtlndaj.y bet\ve.eli the t\VO cities as rnore l1articul arly described in .Exhibit uc.~~' attached hereto a11d 1l1ad.c a part hereof by reference and depicted in Exhibit hD" attached hereto and 111nde a p,ui: hereof by reference (ca11ed the "~Future.1yt.utual Boundury~'); and . W"lIEREAS, the govcrni~lg bodies .of' l)cnton and Krunl filld that ~tlch l~uturc J\lutua} Boundary ~s in the pubHc. interest. l~ OW, '}']{ EI~ EI{()IlIC, for ~~l1d i 11 cOl1si dcrati on 0 f the 111 uttla l c.ovcnants, corid itl 0 liS, and pronTises expressed ht~rcin) ])Cl1tOl1 and I(ru~rl agree as follows: Sl:C.fIf)N I. R~~~~_~~_~Qr~. ~lff- f)en1on l1ereby releases and Tel inquishcs all of jl~ ETJ rights in and to the Property to l(rul1) and consents to 1<' l"lln1' s anncxat ion 0 f the Property ~ \vhcther or no1 SilCh annex ation h:l~i - s - \( hw Dn..; \ j[ l'k..~n ls\.('on lHWU::\O I \bt,)Ulul~H)' ~u 1 j1 n~ 1 n"le1\ (. K ru In (h 1(.: Page I occurred prior 10 the dato of1his <lgr-cerncnt~ c(~nscnts to lZr III 11 '5 ilnnexation nf Hie Property. It i~ . expressly agTced t11at this \vaiver and release shaH only operate in favor Knnn, and s11all not constitute a o~vaiver Of release of any right~ inc.h.luing EtfJ rights~ \vbicll Denton lTlay be able to - ac;sert against another ml~niciprtlity. In addition~ ifKnlnl does not conlpJele the allnex;;ltiol1 of the l)roperty~ V\'ithin one year of th~ date of this. /\gre.elnent this \\fai ver anti release shall be null and void an_d of. no further force and (:ffccl. S.It:(-~'r! ON rl~ k~Yt\lt;~.JYl\! t.u al B 9Jl1LdJ!rY D~r1ton and ](.rurI1 hereby agree tllat their Future i\1 utual. Lioundary shall be as described in ExhlbiL C and d~picted i n Exh~'bjt D. In lh is re~arcl _CBC.ll \vaives~ releases and relil1~lnishes its EI'J rights to the ether wi 1'h respect to t1,e side of the F'uturc M 11111al lsoundary that i~ located in the other city's future territory ilS descrihed and depicted on r~xbibit C~ and I). It .is t~xprcssly agreed that t111S waiver and release. shall only opera.te ln f1P,~or of Denton and Kl1.lm, and shall not' constitute a \vaiver or reI case of ,)ny right~ hlc.luding E~rJ rights~ whicb r)enlon or I(r~l~11 ll1ay be able to assert .against anot.her nll1nlcipal ity. s~~(~~rlQN .111. ~~},J~. ra t"tJl i ty Sh o"uld any PTOV]S~On of th.is Agrecrnent be declared void by ;C1 court of C0t11petCj)t . - jurisdictit)i1, the remaining provisii)nS of this Agrecn1ent shall ren1ain in full force (\nd e-ffcct: . . S:\Our Do..:u]'nC:li~\(\'lntrH\~ts\n ~ \hllll~Hlm..Y ~h1ill:;.~n~\."ril-l< nmt.(I..:n.:: l)age 2 SR(.~~rl()N 'ill. A f!I!.[QvulIn:. 'C~OV~[n!PJ~._RoQl~S [)cnton and 1(.llH11 rcpres(.~nt to each olhcr. that thci r respective governing bodies have 2pproved this Agreelnen! hy ordinall(~e or resolulion as set forth below~ SlGNE-D this JJ.t!.- day of ~..~tl..ll..t.Ae.L.-::. ___..._' 2001. (:ll~Y 01? DENT()N, rrE?'{AS . C' . A BY: /-~~. /) '. / tlYd-.. . . ~&_,~~'_________'_L~'- l~lJIJlNE BR.O(~I<'.. Ml\ '{O.R /\'1 ~rl~S' f: Jr~NNlr~l~R W Al.,"rrlR.S~ (~lTY SI~C.:RI~T AR'{. · By:~~~LJaLir~---~.- . A.PPRo\rgT) AS T(1 f~ORTvr: i U~l~I.JEI-t'r 1.J. PRi)crr'{ ~ (~lJ)' ^'T'''r()l~ N.E'{ . ~~,) / (:rr'l ()l~ l.(l~UM, ~rl~XAS B'{' OJ Pvd ______---.-""":' 7 l'v:f A 'l 0 H. /' c.~rr)' Sl3:CIZErr AR'{ ~.: \OU1'.1 )~\:u m(~n \:.\CtH'llr;!.cls\O 1 \hPlUl dary ~l\1ju.)t men~-Knl ru.t,inc :Page 3 .,..,/ ...~ /"'/ . oS: \~) H" ~()C ~~ i1")C;!j;S\C.J1 Ht ~ ct:~.C 1 .~htl U f:d d- r).' :\.j j l.I ~ tr':!t; nt-V...i '! tn. tk~c. ~Of?\- \ \ Page :l J~ (-':K...l~'O \,: 1.; ED <..-; IV1E N'f S S l~ ..A..~r:E. () J.? T}~ XAS ... 9 . S C01JNTY OF DEN'.rON . ~ . .. _ - ~ . - - Jllt- 1._ - i This instrume:nt was acknowledged bef'.)fe me tl-uslf~ day of ~~~'J.OO1, by EULINE BROCK, J:vlG.yor of tl)e CITY OF DENTON, l~EXAS) a hon1e-rule Il.1\Uliclpal COrpoftllion: on behalf of said municipal c(Jrporation.- /A - ~1Jf1 di / ~/' ,I . - i. .' . .- '(j W. (fJ(// . . N ary Pll bli c in and for the . State of Texas I ~'\lUfhil - J A. u~ E 0 \CHAR DSON 1- ~,".-,,'1 , V. ,~ Jo\f'tfl;<l' ~ - j t:.~~~'. t ~ !/~\ No\&r,t Fublic~ S~1a of ~exas 01 : : f: My ComrrusstOn Explres \ ~ .~~ ~005 +.......1' ~. . ,.;-:~" Jun. 27, .d ~~Jtt~~n'~'\' ST AT}~ OF T.EX~l\.S 9 g COUNTY OF DEN"rON s /} Thi~jnst~ment was aclmowledgedbefore me this _.Z- day of 4 ~ _~, 2D01, ~~ 1lr0'J l.--t,;#i:"'---> 1\1nyol of the CITY OF KRUM, TEXAS, 3 general )a\v m_unicipa lity, 0"9 ~ ehalf of said Dlunicipality.. - . - ~ JOYCE JETER - . - Notary Public "\ I s~ ofTem.l My Co mmi.as.ion Exp ira1i . Juty 2S~ 200$ (--\ '... Notarj/P'7 .lie i Sl~te hf-texas S .\0 l}r l1(lclHT.e:n ~s.\C \.-mlTIlCU\tj 1 \boU"1 d 2 ry :ldj m: 'm~n l. Kn, JTl doC' Page 5 EXHIBIT A Tract 1 BEGINNING for the NortJlwest Corner of the tract being des.cribed herein at the Northwest Comer of the second mentione~ Ver~teeg tract (most northerly tract) in the West line ofsai4 Survey i~ the middle of Hopkins Road in the East li~e of the existing . Krum City Limits line, from which the most Easterl)' Northeast City Limits Com~r bea~s .North a distance o.f 528 feet more or less; . THENCE South 89 Degrees 16 Minutes 47 See.onds East with the North Line of said Versteeg tract a distance of 889.69 feet to a cappe.d iron rod found for th.e Northeast · corner of said Versteeg tract and the Northwest Corner of said .Es.tes tr~ct; THENCE South 89 Degrees 18 Minutes 28 Seconds East with the North Line thereof, generally along a fence a distance of 869.39 feet to a capped iron rod. found for the - Northeast Corner of said Estes tract and the Northwest Comer of said Fowler tract; THENCE South 89 Degrees 10 Minutes 00 Seconds East with "the North line thereof, ~long a fence a di~tance of 1225.79 feet to the Northeast Comer of said Fowler tract in' Masch Branch Road; THENCE South with the West line of said Fowler tract in said Road and passing the . Southeast Corner of said Fowl~r tract being in the North lin~ of Farm. to Market Highway 1173 and continuing along said CQu.rse across sai~ highway a total distance of 2596~31. ... feet to a comer on the Sout.h line of said Highway for the Southeast corner of the herein described tr.2Ct; THENCE North 89 Degrees 4.5 Minutes 07 Seconds West along said Highway a distance . of 1411 ~'43 feet to the most Southerly Southwest Comer of the herein described tract; .THENCE North.Ol Degrees 56 Minutes 51 Seconds East recrossing said Highway a~ 90 ' feet passing a ~n iron rod -found for the most Southerly 'Southwest Comer of said Estes. tract on the North line of sa.id Highway and continuing along .said course', in all, a.tota~ distance of 370.02 feet to a fence comer post at an angle point in the now.Westerly line of said Estes tract; , THENCE in a Northerly then Westerly direction with the most Southwesterly line of said Estes tract gener~lly.along a fence, the following 6 cour'ses and dis~ances; - ... ... 1. North 00 Degrees 56 Minutes 45 Second.s West a distance of 56.64 feet to a Y2" iron rod found; 2 ~ North 15 Degrees 59 Minutes '1 7 Seconds West a. distan~e of 52..39 .feet to a Y2H iron rod found; 3~ North 17 D~grees 25 Mil1utes 26 Seconds West a distance of75~21 feet to a found pipe; 4. South 76 De~grees 43 Minutes 00 Seconds Wes.t a distance of212.02..feet to a found nail; S:\RQW S harC'd\Projt'lS\Anncx~Lion\KR UM _fM B _0&_30 _0 ~ \Krum _Ent'lo...ehrnchL_lrQClS_EXHl BlT _A.dOC: &/3 IIQ 1 EXHIBIT A 5 ~ North 83 Degrees 08 Minutes 00 Seconds. West a distance <;>f 86~07 feet to a Y2" irori rod found; ... . 6. North 88 Degrees 58 Minutes 53 "Seconds West ~ distance of366.97 feet to a. ~" iro~ rod found. for he m9~t Westerly Southwes~ comer of said Estes tract; THENCE North wit11 the West line tl1ereof generally along a fence a distance of702.93 feet to a Y2u iron. rod found for the Southeast Comer of sai d FreeTI:1an tract; THENCE North, 89 Degrees 16 Minutes 23 Seconds West with tl1e South line thereof a distance of 88.20 feet to the Southwest Corner of said Freeman tract in the middle of~said. . Hopkins Road in the West line of said survey; THENCE No~h 00 Degrees 02 Minutes 33 .Seconds West in said Road v,.:ith the West line of said S.urvey a distance of 1398.86 feet to the PLACE OF BEGINNING .and enclosing 145.8 acres of land more or l~ss... Tract 2 FIELD NOTES .to all that certai~ tract of land situated in the J~ Haney Survey, Abstract Number 515, Denton County, Texas.and being a s~r:vey ofa called 150 acretract d~scribed in the deed rec'orded under Clerk's File Number 94-R0089285, Real Property ::Records of s~id county; the subject tract being ~ore particularly de~cribed as follows: BEGINNING at a Metal Fence Comer Post in the South right-of-way ofF.M~ 1173, same. . . being the Northeast comer of 117.92 acre tract described i.~ the deed to H.enry Beckman recorded in Volume 4293, Page 1577; . . THENCE North 01 Degrees 00 Minutes 00 Seconds East a distance of"~O.Ol feet-to a Y2" called iron rod set for the Northwest corner of the herein described tract in the North right-of-way of said highway; THENCE South 89 Degrees 40 Minutes 20 Se~onds East a.distance of2424 feet to a ~" capped iron rod set for the Northeast comer of the herein described tract in th~ North right-of-way of said highway; . . . . . . . THEN CE South 00 Degrees 25 Minutes 19 Seconds W ~st a distance of 90t 00 feet to a point in the middle of Masch Bran~h Road fOf.the Southeast comer pft~act ges.cribed . herein; ~ . THENCE South 00 Degrees 25 Minutes 19 Seconds West with the middle of Masch Branch Road a distance of 2687.53 feet. to a point in the center of said road for the Southeast comer of herein described tract and the Northeast comer of a called. 10.00 acre tract described in the deed to Leslie R~ Peterson recorded in Volum~ 936, Page ~04, Deed Records) Denton County, Texas; S:\R ow Sh~red\Pfojecu:\Anna;:nion\K.R. UM _FM e. _OB_30 _0 L \Krum_ EnC'T'oachmcnl_UOltU_EXHJ B!T _A.tloc; 813 110 S EXHIBIT A THENCE North 89 Degrees 16 Minutes 56 Seconds West with the North line of said 10~OO acre tract and the South line of said 150 acre tract passing- at 25..39 feet afa Wood Fence Comer Post and continuing along said. course alon"g or near a fence a iotal distance - "of2452~58 feet to a Wood Fence Corner Post for the Southwest comer of the tract described ~erein and the Southeast comer .of a tract described in the deed to Warren Edward Strate recorded under.Clerk's .File NU1!lber 98..R0033529 of.said Real Property Records; .. THENCE North 01 Degrees 00 Minutes 00 Seco!lds East with the East line thereof .passing atrS94.21 feet a 12" capped iron rod found for the Southeast comer of said 117~92- , acre tract and continuing on along sa~d course along or near a fence a total.dist~ce of . 267~ .01 feet to the,PLACE OF BEGINNJN.G and enclosing-155.03 acres of land more or less~ Tract 3 . FIELD NOTES to_ all that certain tract of land being a part of Tract 27 of Little Brook Estates Unit No.2 an addition in Denton County, Texas, according to the plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County) ~exas as recognized and occupied on the ground; the subject tract being more particularly described as follows; .... BEGINNING fO.r the Northwest Corner of the tract being described herein at a concrete monument found for the Northwest Comer of said Tract 27 in.the South.right..of-way of F.M.. Highway, 1173 and the East line of Masch Branch Road; THE~CE North 89 Degrees 44 Minutes 51 Seconds East with the North line of said Tract 27 and the .South line of said highway) generally along a fe;nce a distance of 4.16~~7 feet to a Y2" irori rod found for the Northeast Comer of said Tract 27, same being the Northwest Comer of said Tract 28,. from which the remains of an 91d concrete mon':lment was found lying nearby; " .. . THENCE: South 00 Degrees Q9.Minutes,Ol S~corids East with the East line of said Lot 27' a distance' of7-45~53 feet to a concrete monument found for the Northeast Corner of that c'ertain tract out of said Tract 27, described in the deed to Denton Baptist Assoc~) recorded in Volume 2660, Page. ?83 of Real Property Records'ofDenton County, Texa-s; THENCE North 89 De.grees 47 minutes 08 Se~onds West with"the North line of said Baptist tract, severing said Tract 27 a distance of 417.74 fe~t to a 12" iron rod fou~d for - the Northwest Comer of said Baptist tract in the West line of said,Tract 27 and the East line of said Masch Branch Road; THENCE North 00 Degrees 03 Minutes 10 Seconqs West with said East line and the " " West line of said Tract 27] generally along a fence occupying ~he East line of said"road a S:\-RQW Sharcd\Ptoj ccts\AnnexOlLlon\K.RUM_F M S ~ 08_'0 _0 I \K.r\Im_ EncrOOl,hmco~_'r :lCLS _ EX HIBtT _A. doe 813 110 I EXHIBIT A distance of742.13 feet to the PLACE OF BEGINNING and, enclosing 7.1~2 acr~$ of 1 and ~ . .. ~ - Tract 4 . . . FIELD NOTES to all that certain tract ofland s~tuated in the J. Haney Survey, Abstract Number 515, Denton County, Texas, and being-the Southerly 5 acres of Tract 27, Little Brook Estates, Unit-2; as shown in thepla:t thereof recorded in Volume 3; page 5 ofthe Plat Records and described in the deed from Connie" Pullen eta! to-Trinity Baptist Church of Dent on recorded in Volume 1955, Page 613 of the Real Property Records ofDent'?~" - County, Texas; the: subject tract being mOTe particularly described as follo~s:- - BEGINNING -for the Southwest corner of the tract being described herein at a con~r~te . monument found atthe South.west corner of Tract 27 and th.e Northwest comer of Tract 36 in the East line of Masch Branch Road as monumented; THENCE North 00 Degrees 10 Minutes 3"6 Seconds West with the West line of Tract 27 and the East .Jine of Masch Branch Road as monumented a distance of 520.65 feet to an - iron rod set for the Northwest corner of the Trinity Baptist Church Tract 1.2 f~et West of a concrete monument.. . . . THENCE ~outh 89 Degrees 54 Minutes 46 Seconds East severing Tract 27 with the North line of the Trinity Baptist Church Tract a distance 417.65-feet to -a concr~te_ monument found at the Northeast comer thereofin the East-line of Tract 27;' THENCE South 06 Degrees 16 Minutes 13 Seconds Ea~t with the East line of Tract 27, a distance of 520~80 fee:t to a concrete monument found at the Southeast comer thereof in the Nort111ine ofTr~ct 36; THENCE North 89 Degrees 53 Minutes 33 Seconds West with the South line of Tract 27 . a distance of 4] 8.50 feet to, the PLACE OF BEGINNING and enclosing 4.998 acres of 1 and ~ - .0' S:\ROW ShUl::d\r 10j eC1s\Anne.la~;oo..KR UM... FM B _08 _)0 _OJ \K rvm_ EnCfQ.:lehmcnl_lr.lCl5_EX H i B[T _A. doc 8/J S/O I EXHI.BIT B , ! . I EXISTING CITY OF DENTON 3.5 MILE ET J . +.- . ofj-r _ +- .. .... ~ :. :........ .... =,. . ~ . .. .. .. .... . ~ ~ CITY OF KRUM PROPOSED ANNEXATION ".J .... . AREA~ 4~988 . . .i": ..~ :. --::.~ r . ACRE & 7 ~ 122 ....: ACRE TRACTS .! --:..- . .' I" . ....1 . .. ... ... . ...+- t . - ..... ..: ...: ~= ~~:. ...........' r- -. ~ . . :.. ":..~r.''''.:.' .. - J: .. + ... .. ~ :. ...~ +~ .... ~..~: ..... + +: .. N t 4000 GIS ENGINEERING DEPT. CI1Y OF DENTON1TX. EXHIBIT C BEGINNING at a point lying on the City- of Krum Y2 mile extraterritorial jurisdiction line, as established of legal record, said point lying 292 feet west of the northeast comer of a 145.8 acre tract annexed by the City ofKrum by Ordjnance- Number 97-10, said. point being the BEGINNJNG of a Future.Mutual Boundary line (FMB) between the City . of Denton and the City ofKrum; THENCE South 89 degrees 10 minutes 00 seco~ds East along the north line of said 145.8 acre ann.exation tract and along the said FMB line a distance of292 feet to a point for comer, said point lying in Masch Branch Road; ~ . . THENCE South along the said FMB line and.the most eastern line of said 145.8 acre annexation tract a distance of2.506.31 feet to a point for comer, ~aid point lying on the north right-of-way line ofF.M. Highway 1173. said point also lying on the north line of a 155.03 acre tract annexed by the City ofKrum by Ordinance Number 90-08; THENCE South 89 degrees 40 minutes 20 seconds East along the north right-of-way line of said F~M. Highway 1173 and along said FMB line, same being the north line of said 155.03 acre annexation tract distance of780 feet to a point for corner, said point being the northeast comer of said 155.03 acre annexation tract; . THENCE South 00 degrees 25 minutes 19 seconds West along the east line of said' 155.03 acre annexation tract and the FMB line a distance of90 feet to a pointIor corner. . said point lying in the middle of Masch Branch Road and being a poi?t on the south _ right-of-way bfF.M. Highway 1173; THENCE :North 89 degrees 44 minutes 51 se.conds East along the south right-of-way of F .M. Highway 1173 and along the said FMB line a distance of 441.47 feet to a point for - comer; said point being the northeast comer of Tract 27 ofLitt~e Brook Estates Unit No.. 2, an addition ion Denton Coup.ty, Texas p.ccording to the pla.t thereofrecorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas; . . . THENCE South 00 degrees 09 minutes 01 seconds East along the east line of said.Lot 27 and the said FMB line a distance of745.53 feet to a point for corner, said point being the' northeast comer of that certain tract out of said Tract 27, described in the deed to Denton Baptist Association, recorded in Volu:q1e 2660, Page 583 of the R~al Property Records of Denton County, Texas;. . THENCE South 00 degrees 16 min~tes.13 seconds East along the east line of . said L.ot 27 and the said FMB line a distance o( 520.80 feet to a point for corner; THENCE North 89 degrees 53 s~conds 33 seconds West with the south line of said Tract 27 most" of the way and the said FMB line a distance of 443..50 feet to a point for comer, said point lying in the middle of Masch Branch Road, said point also lying on the east . line of said 155.03 acre tract annexed by the City ofKrum by Ordinance Number 00-08; S:\RDW Shilt!::O\PlCj ceuV.nfl'J;:l.l~on\X.R UM _FM 8 _08 ~)O _ 0 l \Krom_FM B _description d~ !IJ ] 101 EXHIBIT~ C THENC.E 'South OO.;degrees 25 minutes 19 seconds West with the middle of Masch Branch Road, along the east line of . said 155.03 acre.annexation tract and the said FMB line a distance of 1,396 feet to a point fo~ comer, $,aid point bei~g the southeast comer of said 155.03 a~re annex~ti.on tract; , . - . THENCE North 01 d-egrees 00 minutes 00 seconds West along the south line of said 155.03 acre annexatiQn tract most of the way and ~e said FMB line a distance of2,532 : feet to the ENDING. of the said FMB; said point lying on the City ofK..rum 12 mile . .. extraterritorial jUriS{fic~ion.linei'~ a:s..'-es~ablished o~ leg~l rec"ordj \ . ~ . - ... I . ... .. .... . .... ... ... .. .. .. . '\.. ... ...... . . _ .. . ~ . . Jo. _. THENCE initial)y l?rogress~ng southwesterly along said City ofKrum "yz< mile . .exfraterritonal jurisdicfion line~ as established of"legal.iecord, and continuing in. a circumambient manner along said City ofISIum Yi.mile extraterritorial jurisdiction line, as'established of legal record, to the POINT OF BEGINNING.. . S:\ROW Sh:l.rcd\Projc.t.tsV.nnnaLion\K.RUM_FMB _ 08_JO _0 J\Krum_FM B _descriplion.l.loc p,J) ]/0' . ~G"~~";~\~~~- "i;>:"~' ;.. .," ': ..~ ~ ~ ~.-~._!. ~ .~' .:.. . . :: ; :::.~ ~:... .~_: .'.: . ~.~. ::.: . :.....:. ..: ~ :' : .;. :.. . ~ - 0:'" :: ..;~. - ; .' . .' : , .. --...-...~ ~ ".:. - . . ',("r ~. :.- . ~. EXISTING' CITY OF DENTON 3~5 MILE Ef J + . t ...."1-Y- .. '. </i:. ':./:'. .:.:"'t ~.'.:"' ''':.'.. . ., ....... . :{~-:~ ~~~.~~ : .- '" .-. ... . .' .. .- ~:. - ~~~.:..~ .~;~..~.. . .~: :. ~ ~ ;\~~.:o"_~ :';:~~~~'_ :' ':: . ...... : + It. .. . ...... ~ ~. :.{4::. .=' .0 '.: .; .:. ~. . ~;. . . . -.. .... .. :...-{.. ... :. +... .. . _~, .... .. . .... ~ ..~ .. + ~ . - - - :~I~~, '?~. ~:. :.~. EXIST-I N(3 KRUM 1/2 MILE ET J . .., .... .. ...:- ' ~. :. _ FUTU R E FMB ENDING I 4000 "<'F'(TT\:rRE;~ MUTUAL" 'BOU.NDARY GIS ENGI'NEER1NG DEPT~ CITY OF DENTON TX. o 4000 Feet CITY OF KRUM, TEXAS RESOLUTION NO. ()~.OI.R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KRUM, TEXAS, REQUESTING THAT THE AREAS DESIGNATED ON THE ATTACHED EXHffiIT "A", BE RELEASED BY THE CITY OF DENTON TO BE INCLUDED IN THE ETJ OF THE CITY OF KRUM, TEXAS AND THEREAFTER AND IN CONJUNCTION WITH SUCH RELEASE THE CITY OF KRUM SHALL RELEASE THE AREAS DESIGNATED ON THE ATTACHED EXHIBIT "A" TO BE INCLUDED IN THE ETJ OF THE CITY OF DENTON, TEXAS. WHEREAS, the City of Krum, Texas is a Type A General Law municipality located in Denton County, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to enabling legislation of the State of Texas; and WHEREAS, the City of Krum and the City of Denton, Texas share adjoining boundaries relative to their extraterritorial jurisdiction ("ETJ") and certificates of convenience and necessity for water and sewer service ("CCN"); and WHEREAS, the City of Krum and the City of Denton are in the process of finalizing a boundary agreement for their respective CCNs; and WHEREAS, the City of Krum and the City of Denton agree that it is in the best interest of both cities to include the areas designated on the attached Exhibit "A" within the ETJ of the City ofKrum, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KRUM, TEXAS: SECTION 1. That the foregoing recitals stated in the preamble are found to be true and correct and are deemed incorporated into the body of this resolution as if copied herein in their entirety. SECTION 2. That the City of Krum hereby formally requests that the areas designated on the attached Exhibit "A", be released by the City of Denton to be included in the ETJ of the City of Krum, Texas and thereafter and in conjunction with such release the City of Krum shall release the areas designated on the attached Exhibit "A" to be included in the ETJ of the City of Denton, Texas. Section 3. That the City of Krum will adopt as its ETJ the area designated on the attached Exhibit "A" thereby establishing a permanently and agreed boundary of respective ETJ's with the City of Denton. SECTION 4. That this resolution shall take effect from and after its final date of passage as required by law. CITY OF KRUM RESOLUTION, PAGE 1 C:\Documents and Settings\Administrator\My Documents\RESOLUTIONS\2006 RESOLUTIONS\Denton ETJ.doc PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KRUM, TEXAS, this ~ day of 9Mluary . 2006. ./1 ~ " // ATTEST: . ..~~ -. - CitYsecr~ ~~ CITY OF KRUM RESOLUTION, PAGE 2 C;\Documents and Settings\Administrator\My Documents\RESOLUTIONS\2006 RESOLUTIONS\Denton ETJ..doc flat ID'ssi ~f CJ "8c,:relx :',' ~i'tMtng ,"ETJ'50Dnttatr, Line , PfQPgl'$~Q :a~[J; '~tlMil'I 'k!'Mi net loss of 0 acres Existing ET J Boundary Line Proposed ET J Boundary Line ^. . . CIIJ"- ,_ " · ~ I I i _IJII>'< 111-:II1II; _ -, ',aIIIIlJII, ~ _Fa :.>...yUltll]llllIJ11,III_..~._, :> _[lo"lIl.- < II ~ .. m.- -- ,or- 11 rTf, < ", - :.:11":. 1171= Ii!'i · Co..Inc. . - . --,. -..... ..., aIBt.: (ilia...... ... ... ~.,.... ... .41p1~5I_".a........~.... ........1111.. ....-rtI 17 .'iI~-....Gtt.II2:I~_n w .~IIII:IIL. 1~1t.._ I. - . 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S ;\Our Documents\Ordinances\06\Krum Boundary Amendment Agreement.doc ORDINANCE NO~ AN ORDINANCE APPROVING AN AMENDMENT TO A BOUNDARY ADJUSTMENT AGREEMENT DATED SEPTEMBER 4,2001, BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM; AND PROVIDING AN EFFECTIVE DA TE~ WHEREAS, as authorized by Ordinance 2001-318, the City of Denton and the City of Krum entered into that certain Boundary Adjustment Agreement to establish a future mutual boundary and to release extraterritorial jurisdiction rights to each other; and WHEREAS, the City of Krum and the City of Denton desire to amend the future mutual boundary as set forth in that certain Boundary Adjustment Agreement attached hereto and made a part hereof as Exhibit "A" (the "Agreement"); and WHEREAS, the City Council finds that the Agreement and the adjustment to the future mutual boundary is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1 ~ The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference~ SECTION 2. The City Council of th~ City of Denton hereby approves the Agreement and authorizes the Mayor, or her designee to enter into the Agreement on behalf of the City of Denton. SECTION 3. This ordinance shall become effective immediately upon its passage and approval~ PASSED AND APPROVED this the day of , 2006. PERRY R~ McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO EDWIN M~ S BY: ^. . . CIIJ"- ,_ " · ~ I I i _IJII>'< 111-:II1II; _ -, ',aIIIIlJII, ~ _Fa :.>...yUltll]llllIJ11,III_..~._, :> _[lo"lIl.- < II ~ .. m.- -- ,or- 11 rTf, < ", - :.:11":. 1171= Ii!'i · Co..Inc. . - . --,. -..... ..., aIBt.: (ilia...... ... ... ~.,.... ... .41p1~5I_".a........~.... ........1111.. ....-rtI 17 .'iI~-....Gtt.II2:I~_n w .~IIII:IIL. 1~1t.._ I. - . 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II ~"-"'I .rl L ~JL ,_'~.,..--_..~_.. .JI..~47v'~ __. · --.r_~,,,. .... .JI~_..,~,IIII'''WAiIL_.~ 1 ~.. 1JII"'II-I~""Ii~~"}- ...,.. .:-.. .......~ --~ ... . . . .. .. . _"~".aI"". .... ........ I · .J'.~ I&"~.~:. :'.. ..~.:: ~. . .. I:: I: · ~.. ...:.. .. · · (-A.,) ... ... · · · · .. Ii:": -.'" _~.,A rI& r---d........_ -I( 'llIJJ.rt.ftt1 · I _ ......,~ ~ 1UItII.1fIII1III'~ &-. 1 ~__ ..........--,~ '"' ~- .. .: .",. ...1. .":1 . - ........ I I. r. · ~. . . I ... .. .. 'L: . .:. - . . .. . 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 KrumA MrA 3 4 Menguita, please. 4 5 MRo 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 ofI)enton as well as the City of 1 2 Krumo 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, ~~ Menguitao 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. WatkinsA Do we have a second? 19 20 COMMISSIONER EAGLETON: secondo 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._..' :. AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEP ARTMENT: Planning and Development Howard Martin, 349-8232 .. ACM: SUBJECT Hold a public hearing and consider adoption of an ordinance amending Subchapter 13 of the Denton Development Code relating to enabling language for the implementation of solid waste design standards (DCA05-0012). The Planning and Zoning Commission recommends approval (7-0) BACKGROUND The Planning and Zoning Commission and the City Council have considered and approved a set of standards for solid waste containers. To date, the Development Code has not contained standards for the provision of solid waste or recycling containers. The purpose of these amendments is to give guidance to developers and to users of solid waste services concerning solid waste and recycling containers. Standards will be placed in the Denton Development Code Criteria Manual. This amendment (See Exhibit 1) simply enables the standards and requires compliance with the standards. The standards proposed for the Criteria Manual are included as Exhibit 2. The City's practice has been to publish such amendments to the criteria manual on the Internet on the City's website for a 30 day comment period. These will be published beginning on December 20 so that the review period will terminate concurrently with the effective date of the adopting ordinance. Even though neither the Planning and Zoning Commission nor the Council are expected to adopt the Criteria Manual Standards both bodies have reviewed and accepted the solid waste container standards. OPTIONS 1. Recommend approval. 2. Recommend approval with amendments. 3. Recommend denial. 4. Table. RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0). PRIOR ACTION/REVIEW (Council, Boards, Commissions) 9/21/04 - City Council Work Session 11/10/04 - Planning & Zoning Commission Work Session 11/14/05 - Public Utilities Board (PUB) Public Hearing 12/14/05 - Planning & Zoning Commission Work Session 1/11/06 - Planning & Zoning Commission Work Session 5/10/06 - Planning & Zoning Commission Work Session and Public Hearing 6/13/06 - City Council Work Session 11/8/06 - Planning & Zoning Commission Public Hearing FISCAL INFORMATION These amendments do not have an affect on taxes or tax base; they may cause some developers to increase their standards for dumpster enclosures, thereby increasing some costs to them. BID INFORMATION N/A EXHIBITS 1. Ordinance 2. Accepted Solid Waste Standards for Criteria Manual 3. Minutes Respectfully submitted, Brian Lockley, AICP Interim Planning and Development Director S :\Our Documents\Ordinances\06\DCA05-00 12 BLdoc Exhibit 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.13 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO SOLID WASTE AND RECYCLING FACILITIES DESIGN STANDARDS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTNE DATE. (DCA05-0012) WHEREAS, pursuant to Ordinance No.. 2002-040, the City COWlcil 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 35.13 of the Development Code, pertaining to Solid Waste and Recycling Facilities Design Standards; and WHEREAS, after providing notice and after conducting a public hearing as required by law, the City Council fmds that the changes to the Development Code are consistent with the Comprehensive Plan, and are in the public int~rest; 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 35.13 of the Development Code are hereby amended in part, as particularly described in Exhibit A, attached hereto and made part hereof by reference. All other provisions of Subchapter 35~ 13 not specifically changed by this amendment shall remain in full force and effect. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000..00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense~ SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or the application thereof to any person or circmnstance 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 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 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWINM. S Y AT PAGE 2 , 2006. PERRY McNEILL, MAYOR Exhibit A 35.13. 13. 7. Solid waste and recycling facilities design standards. Commercial and non-residential solid waste and recycling storage facilities (container enclosures) shall be located on each platted lot of non-residential property, except as otherwise provided within the Denton Development Code Criteria Manual, and shall be constructed and maintained by the property owner or developer, and made available for use by the City of Denton Solid Waste Department and/or commercial recycling service provider. For purposes of these solid waste requirements, "commercial development" includes any attached residential dwellings of four or more living units and all non-residential development Commercial and non-residential on-site waste and recycling storage facilities (container enclosures) shall be available for the storage of all municipal solid waste and recyclables generated for each platted property~ The city reserves the ability to determine which, if any parcels or areas (e.g~, Downtown Square, strip centers, multi-family residential, etc~) may be recommended for shared container or other alternative service~ Container enclosures shall be of adequate size to contain all solid and liquid wastes and recyclables generated on the property, which may include, but are not limited to municipal solid waste, recyclables; grease and oils, process by-products and wastes, hazardous waste, medical waste, and any special wastes, contained as necessary to meet disposal standards published by the City~ The container enclosures shall be constructed to such capacity prescribed by the City of Denton Criteria Manual for non-residential solid waste and recycling facilities. Enclosures are not required for non-residential uses where the dumpster locations C31ll1ot be seen from the public right ofway~ PAGE 3 Trat;!c Use I t Landscape Bu Ildlllg SlTE PLAN m pac, & T Deslgn PCl~ king AnalYSlS ree ~ Lot Street Trce~ CAN 0 PY Standdds ~olid "-l',l~' LAN OSCAP I NG ' Expansion Applicability Table Single-family expansion within permjtted lot coverage. N/A- ONLY A "PLOT PLAN'" N/A. N/A N/A N/A N/A N/A Casualty loss replacements (for all uses) that exceed the above-defined threshold s. YES, APPLIED TO THE YES APPLIE EXPANDED YES. APPLIED TO YES, APPLIED TO ' D TO THE NEW THE ADDITIONAL LINEAR FEET OF IMPERVtOUS AREA UNITS WITH PA STREET FRONTAGE ATTRIBUTABLE TO THE EXTERIOR WAllS ~~~~i~~~ED CONTIGUOUS TO THE NEW UNITS UP TO A UP TO A 50% NEW UNl S YES YES. BASED ON 50% INCREASE IN THE INCREASE IN THE UNITS UP TO A 50% ADDITIONA T AND YES, lIpplies to TOTAL TRIPS. NUMBER 0 NUMBER OF INCREASE IN THE L REQUIRED 411)' expansion of UNLESS TH: ~~~J:E UNITS; THEN, FOR NUMBER OF UNITS; P~~~~~~ i~: 50% ~ilY i~1~ s;g-~ ~~~~~~~ G~~~~~~~~ I~~~~k~~ T NUMBER OF UN~i; ..roils /Uld!:~ GREinER THAN 50%. 50%, TO ALL GREATER THAN ~~~~~ ~CREA~ES TO THE ENTIRE S*T~ UNITS. 50%. TO ALL 0 AN 50 Yo, t ~. PARKING. T ALL STREET YES, APPLIED TO THE YES, APPLIED TO FRONTAGE. EXPANDED NEW FLOOR YES, APPLIED TO YES, APPLIED TO THE IMPERVlOUS AREA AREA WITH THE ADDITIONAL UNEAR FEET OF ATTRIBUTABLE TO THE EXTERIOR WALLS PARKING REQUIRED STREET FRONTAGE NEW FLOOR AREA UP UP TO A 50% FOR THE NEW CONTIGUOUS TO THE YES YES, BASED ON TO A 50% INCREASE IN INCREASE I~ FLOOR AREA UP TO NEW FLOOR AREA AND TOTAL TRtPS. FLOOR AREA UNLESS FLOOR AREA. A 50% INCREASE IN ADDITIONAL REQUIRED YES THE ENT!RE SITE STILL THEN FOR' FLOOR AREA; THEN, PARKJNG UP TO A 50% COMPLIES; THEN l FOR I NCREASES FOR INCREASES INCREASE IN FLOOR fNCREASES GREATER GREATER THAN GREATER THAN AREA~ THEN t FOR THAN 5O%j TO THE 50% TO ALL 50%, TO ALL INCREASES GREATER ENTIRE SITE. au IlDINGS PARKlNG. THAN 50%t TO ALL YES, APPLIED TO THE. STREET FRONTAGE. EXPANDED YES, APPLIED TO YES, APPLIED TO YES, APPLIED TO THE IMPERVIOUS AREA TH E NEW UNITS THE ADDITIONAL LINEAR FEET OF ATTRIBUTABLE TO THE OR NEW FLOOR PARKING REQUIRED STREET FRONTAGE NEW UNITS OR NE:W AREA WITH FOR THE NEW CONTIGUOUS TO THE YES _ BUT FLOOR AREA UP TO A EXTERIOR WALLS UNITS OR NEW NEW UNITS OR NEW ONLY A 'PLOT YES, BASED ON 50% INCREASE IN THE UP TO A 50% FLOOR AREA UP TO FLOOR AREA AND PLAN" FOR TOTAL TRIPS (N/A NUMBER OF UNITS OR INCREASE IN THE A 50% INCREASE IN l4DDITIONAL REQUIRED SINGLE- TO SINGLE- FLOOR AREA (UNLESS UNITS OR FLOOR THE NUMBER OF PARKING UP TO A 50% FAMILY. FAMILY). THE ENTIRE SITE STILL AREA; THEN, FOR UNITS OR FLOOR INCREASE IN THE YES COMPLI ES)~ THEN. FOR lNCREASES AREA; THEN, FOR NUMBER OF UNITS OR EXPANSIONS GREATER THAN INCREASES FLOOR AREA; THEN, GREATER THAN 50% 50%, TO ALL GREATER THAN FOR INCREASES TO THE ENTIRE SITE' UN1TSIBUIlDINGS 50%1 TO ALL GREATER THAN 50%. (N/A TO SI NGlE~ (N/A TO SINGLE- PARKING (N/A TO TO ALL S1REET FAMlL V). FAMILY). SINGLE-FAMJl V). FRONTAGE (N/A TO SINGLE-FAMJL yt Multi-family expansion of 10% of the number of unlts or 10 units1 whichever is less. Non-residential expansion (based on fI oor area) of 1,000 sf or 25%, whichever is greater [BUT NOT EXCEEDING 10,000 SF FOR RETAil USES]. Reconstruction after any voJuntary demolition of all 0 r s u bsta nti ally aU improvements YES YES YES, APPUED TO THE YES, APPLJED TO ENTIRE SITE. ALL YES, APPLIED TO rMPROVEMENTS. ALL PARKING. YES. APPUED TO THE ENT1RE SITE. YES Parking Jot expansion (excl ud Ing re-stri ping) of six spaces or more. YES N/A LOST CANOPY DUE TO THE EXPANSION MUST BE REPLACED, BUT ONLY IF THE SITE. As A WHOLE, DOES NOT COMPL Y. N1A YES, APPLIED TO THE YES, APPLIED TO LINEAR FEET OF THE ADDITIONAL STREET FRONTAGE PARKING SPACES CONTIGUOUS TO THE UP TO A 50% NEW PARKING SPACES INCREASE IN THE UP TO A 50% NUMBER OF INCREASE rN THE ~A SPACES; THEN, FOR NUMBER OF SPACES. INCREASES THEN, FOR rNCREASES GREATER THAN GREATER THAN 50~ 50%, TO ALL TO AlL PARKING WrrH PARK~NG. CONTIGUOUS STREET FRONTAGE. Conversion of a residential structure to a non-residential use where no site improvements are required. N1A N/A N/A N/A N1A NlA YES and MF where units 'te:ceeed three. (Less th"" 1,500 LV conversion see CriteriII ManUltl) PAGE 4 Exhibit 2 SITE PLAN CRITERIA FOR MUNICIPAL SOLID WASTE & RECYCLABLES STORAGE & ENCLOSURE REQUIREMENTS September 2006 (Revised 9/26/06) General Solid Waste and Recycling Service Responsibilities: The City of Denton is the exclusive provider for the collection, transportation and disposal of municipal solid waste (MSW) and some non-hazardous wastes within the city limits of Denton. Both the generator of municipal solid waste and the property owner have the responsibility for the proper management, storage, collection, transportation and disposal of solid waste in accordance with federal, state, and city regulations. Commercial solid waste and recycling storage facilities (container enclosures) shall be located on each platted tract of commercial property, except as otherwise provided within these criteria, and shall be constructed by the commercial property owner or developer, and made available for use by the City of Denton Solid Waste Department and/or commercial recycling service provider. For purposes of these solid waste requirements, commercial property represents any attached residential arrangement of 4 or more living units and all non-residential property. Proper construction of the container enclosures shall be completed prior to final acceptance of the development or property by the City's Planning and Inspection Departments. Commercial property on-site waste and recycling storage facilities (container enclosures) shall be available for the storage of all municipal solid waste and recyclables generated for each platted property. Some specific areas of the City of Denton (Downtown Square, strip centers, etc) may be recommended for shared container service. Container enclosures shall be of adequate size to contain all solid and liquid wastes and recyclables generated on the property, which may include, but are not limited to municipal solid waste, recyclables, grease and oils, process by-products and wastes, hazardous waste, medical waste, and any special wastes. The container enclosure shall be constructed to such capacity as to contain the aforementioned wastes and recyclable materials generated between scheduled collection service days. Commercial Business Categories: Commercial, industrial, and institutional establishments will be provided municipal solid waste and recycling collection services by the City of Denton Solid Waste Services Department using front load and/or roll-off container(s). The general types of business services or land use establish the business categories. o Business Categories: a. Multi-family residential developments with four or more living units b. General Office c. General Commercial / Warehousing / Indoor Recreation S:\CC Related\Year 2006\CC Backup\12-2006\12-19-06\DA05-0012 Subchapter 13 requirements for dumpsters\Ex. 2 SW 1 Commercial and Recycling Site Design 9 26 06.doc d. Shopping Centers 1 Mixed Use 1 Light Manufacturing e. Restaurant 1 Bars 1 Grills 1 Grocery Stores 1 Food Service & Food Processing 1 Industrial f. Department Stores 1 Service Station 1 Supermarket g. Other o Solid Waste and Recycling Design Factors: a. Type of business (Business Category) and waste generation potential b. Waste generation of similar businesses c. Square footage of the development and structures, and the number of floors d. Location of the business e. Hours of business operation f. Business site plan g. Phased development and future use plans Solid Waste and Recyclables Storage Enclosure Requirements: The Solid Waste and Recyclables enclosure information shall be contained within engineering drawings and specifications, and other written documentation submitted to the City of Denton. The submittal of the required materials shall be concurrently with the building permit application. Construction of enclosures(s) shall be completed prior to the issuance of a certificate of occupancy. Submittals to the City of Denton should include the following. . Drawings of container enclosure location(s) per scale on a site drawing. . Drawings delineating the ingress 1 egress service pathway sufficient for the safe movement and travel of Class 7 collection vehicles. . Drawings containing enclosure construction specifications. Proposed future growth and phased development shall be considered in the site design with regard to sizing, location( s), and access of future solid waste and recyclables storage enclosures. Refuse and recycling areas necessary for future growth shall be available for development, but need not be developed, nor enclosures constructed, until the future growth occurs. Storage Space and Enclosure Accommodation Requirements: The site plan must contain adequate enclosure space for solid waste and recyclables storage containers. The following list provides the typical container storage area requirements, based on industry waste generation rates for the listed business categories, by which solid waste and recyclables storage containers shall be required. S:\CC Related\Year 2006\CC Backup\12-2006\12-19-06\DA05-0012 Subchapter 13 requirements for dumpsters\Ex. 2 SW 2 Commercial and Recycling Site Design 9 26 06.doc Dimension Format: Refuse and Recyclables enclosure area requirements are provided, by width and depth, and represent outside wall dimensions (OD). Example: 13.0 feet wide by 10.5 feet deep. Standard drawings with construction specifications are included In Appendix A. Enclosure requirements, by width and depth, are provided below. o Multi-Familv Residential Units: Applicable to multi-family residential facilities with four or more living units. Multi-family residential facilities with buildings greater than two stories, and with greater than 5,000 gross square feet on any floor, shall have at least one refuse collection chute for each floor above the ground floor, which will deliver refuse to a central refuse storage room. Adequate solid waste storage area is required if common or other public areas are provided, i.e. pools, sports areas, recreation and meeting rooms, maintenance facilities, etc. 1 - 25 units One enclosure 13.0 ft. wide by 10.5 ft. deep 26 - 48 units Two enclosures 13.0 ft. wide by 10.5 ft. deep or, One enclosure 24.5 ft. wide by 10.5 ft. deep 49 - 64 units One enclosure 13.0 ft. wide by 10.5 ft. deep and a second enclosure 24.5 ft. wide by 10.5 ft. deep or, Three enclosures 13.0 ft. wide by 10.5 ft. deep 65 - 200 units Four enclosures 13.0 ft. wide by 10.5 ft. deep or, Two enclosures 24.5 ft. wide by 10.5 ft. deep or, One roll-off enclosure 16 feet wide with the depth to be determined by the compactor size selected o General Office: 1,001 -10,000 sq. ft. One enclosure 13.0 ft. wide by 10.5 ft. deep 10,001 - 25,000 sq. ft. Two enclosures 13.0 ft. wide by 10.5 ft. deep or, One enclosure 24.5 ft. wide by 10.5 ft. deep 25,001 - 50,000 sq. ft. Two enclosures 13.0 ft. wide by 10.5 ft. deep or, One enclosure 24.5 ft. wide by 10.5 ft. deep or, S:\CC Related\Year 2006\CC Backup\12-2006\12-19-06\DA05-0012 Subchapter 13 requirements for dumpsters\Ex. 2 SW 3 Commercial and Recycling Site Design 9 26 06.doc 50,001 - 100,000 sq. ft. One enclosure 13.0 ft. wide by 10.5 ft. deep and a second enclosure 24.5 ft. wide by 10.5 ft. deep or, Three enclosures 13.0 ft. wide by 10.5 ft. deep One enclosure 13.0 ft. wide by 10.5 ft. deep and a second enclosure 24.5 ft. wide by 10.5 ft. deep or, Three enclosures 13.0 ft. wide by 10.5 ft. deep or, Four enclosures 13.0 ft. wide by 10.5 ft. deep or, Two enclosures 24.5 ft. wide by 10.5 ft. deep or, One roll-off enclosure 16 feet wide with the depth to be determined by the compactor size selected o General Commercial / Warehousing / Indoor Recreation: 1,001 - 5,000 sq. ft. One enclosure 13.0 ft. wide by 10.5 ft. deep 5,001 - 15,000 sq. ft. 15,001 - 50,000 sq. ft. 50,001 - 100,000 sq. ft. Two enclosures 13.0 ft. wide by 10.5 ft. deep or, One enclosure 24.5 ft. wide by 10.5 ft. deep One enclosure 24.5 ft. wide by 10.5 ft. deep or, Three enclosures 13.0 ft. wide by 10.5 ft. deep or, One enclosure 24.5 ft. wide by 10.5 ft. deep and a second enclosure 13.0 ft. wide by 10.5 ft. deep One enclosure 13.0 ft. wide by 10.5 ft. deep and a second enclosure 24.5 ft. wide by 10.5 ft. deep or, Three enclosures 13.0 ft. wide by 10.5 ft. deep or, Two enclosures 24.5 ft. wide by 10.5 ft. deep or, Four enclosures 13.0 ft. wide by 10.5 ft. deep or, One roll-off enclosure 16 feet wide with the depth to be determined by the compactor size selected S:\CC Related\Year 2006\CC Backup\12-2006\12-19-06\DA05-0012 Subchapter 13 requirements for dumpsters\Ex. 2 SW 4 Commercial and Recycling Site Design 9 26 06.doc o Shopping Center 1 Mixed Use 1 Light Manufacturing: 1,001 - 2,500 sq. ft. One enclosure 13.0 ft. wide by 10.5 ft. deep 2,501 - 10,000 sq. ft. Two enclosures 13.0 ft. wide by 10.5 ft. deep or, One enclosure 24.5 ft. wide by 10.5 ft. deep 10,001 - 50,000 sq. ft. 50,001 - 100,000 sq. ft. 100,001 - 200,000 sq. ft. One enclosure 13.0 ft. wide by 10.5 ft. deep and a second enclosure 24.5 ft. wide by 10.5 ft. deep or, Three enclosures 13.0 ft. wide by 10.5 ft. deep One enclosure 13.0 ft. wide by 10.5 ft. deep and a second enclosure 24.5 ft. wide by 10.5 ft. deep or, Four enclosures 13.0 ft. wide by 10.5 ft. deep or, Two enclosures 24.5 ft. wide by 10.5 ft. deep or, One roll-off enclosure 16 feet wide with the depth to be determined by the compactor size selected Four enclosures 13.0 ft. wide by 10.5 ft. deep or, Two enclosures 24.5 ft. wide by 10.5 ft. deep or, Two roll-off enclosures 16 feet wide with the depth to be determined by the compactor size selected o Restaurant 1 Bars 1 Grills 1 Grocery Stores 1 Movie Theatres and other food service establishments: Square footage requirements include all indoor floor area, and all outdoor areas used to provide business services, excluding parking. 1,001 - 2,500 sq. ft. One enclosure 13.0 ft. wide by 10.5 ft. deep 2,501 - 7,500 sq. ft. 7,501 - 15,000 sq. ft. Two enclosures 13.0 ft. wide by 10.5 ft. deep or, One enclosure 24.5 ft. wide by 10.5 ft. deep One enclosure 13.0 ft. wide by 10.5 ft. deep and a second enclosure 24.5 ft. wide by 10.5 ft. deep or, Three enclosures 13.0 ft. wide by 10.5 ft. deep or, S:\CC Related\Year 2006\CC Backup\12-2006\12-19-06\DA05-0012 Subchapter 13 requirements for dumpsters\Ex. 2 SW 5 Commercial and Recycling Site Design 9 26 06.doc One roll-off enclosure 16 feet wide with the depth to be determined by the compactor size selected o Department Store / Supermarket / Service Station: 1,001 - 5,000 sq. ft. Two enclosures 13.0 ft. wide by 10.5 ft. deep or, One enclosure 24.5 ft. wide by 10.5 ft. deep 5,001 - 25,000 sq. ft. 25,001 - 50,000 sq. ft. 50,001 - 100,000 sq. ft. Two enclosures 13.0 ft. wide by 10.5 ft. deep or, One enclosure 24.5 ft. wide by 10.5 ft. deep or, One enclosure 13.0 ft. wide by 10.5 ft. deep and a second enclosure 24.5 ft. wide by 10.5 ft. deep or, Three enclosures 13.0 ft. wide by 10.5 ft. deep One enclosure 13.0 ft. wide by 10.5 ft. deep and a second enclosure 24.5 ft. wide by 10.5 ft. deep or, Three enclosures 13.0 ft. wide by 10.5 ft. deep or, Four enclosures 13.0 ft. wide by 10.5 ft. deep or, Two enclosures 24.5 ft. wide by 10.5 ft. deep Four enclosures 13.0 ft. wide by 10.5 ft. deep or, Two enclosures 24.5 ft. wide by 10.5 ft. deep or, Two roll-off enclosures, each 16 feet wide, with the depth to be determined by the compactor size selected or, One roll-off enclosure, 30 feet wide, with the depth to be determined by the compactor size selected Commercial and business establishments, institutions, and other businesses, which are not specifically listed in the above storage space and enclosure requirements, will be reviewed for adequate solid waste and recyclables enclosures based on site-specific information and Solid Waste and Recycling Design Factors. S:\CC Related\Year 2006\CC Backup\12-2006\12-19-06\DA05-0012 Subchapter 13 requirements for dumpsters\Ex. 2 SW 6 Commercial and Recycling Site Design 9 26 06.doc General Container Enclosure Information: o Enclosures may contain other storage containers such as grease and oil receptacles, and other items, as long as the enclosure is enlarged to accommodate the additional items. o Gates shall be required if when viewed from the street, the interior of the enclosure is visible. o Personal access side gates are recommended as a feature of all gated enclosures. In industrial zoned sites, the City of Denton will have no enclosure requirements where the containers are not visible from public roads. o The property owner is responsible for maintenance of the enclosure. o Businesses of 500 square feet or less will be evaluated by city staff to determine the applicability of constructing an enclosure. Refuse carts may be appropriate, thereby eliminating the need for construction of an enclosure. The use of cart storage for property converted from residential to non-residential use can be accommodated if the property converted is a structure of less than 2,500 gross square feet, has a waste generation rate applicable for cart service, and commercial cart service is available in the area. Enclosure Construction Information: o Front load enclosures shall have walls constructed to a minimum 6- foot height, or as tall as required to conceal the container. Compactor enclosure walls require construction a minimum of 8 feet in height in order to conceal the compactor and mechanical equipment. o Materials used for container enclosure construction shall be constructed of 100% noncombustible materials, masonry or metal materials, compatible with the main building architecture and appearance and may include: . Concrete Block - Tinted, colored, painted or with textured facing . Concrete - Poured or tilt wall construction . Brick - Double brick thickness minimum . Stone . Metal . Combinations of the above materials Enclosure Access, Placement, Ingress and Egress Requirements: o Property owners shall design and construct enclosures, and enclosure access requirements, which are in compliance with the requirements of Chapter 469 of the Texas Government Code and the Texas Accessibility Standards. S:\CC Related\Year 2006\CC Backup\12-2006\12-19-06\DA05-0012 Subchapter 13 requirements for dumpsters\Ex. 2 SW 7 Commercial and Recycling Site Design 9 26 06.doc o The solid waste enclosure shall not be located in a fire lane, public right-of-way, public utility easements, or sidewalk area. o No solid waste or recyclable enclosure shall be located within the required front yard or protrude in front of any buildings along the designated lot frontage. o The location of solid waste enclosures may not cause the obstruction of traffic for excessive lengths of time while being serviced. o The solid service truck shall be on the property owner's property during service operations, if the site design permits. o Ingress and egress routes shall be designed to facilitate exiting the property in a forward driving direction for all interstate and state roads, arterial streets, and collector streets with four lanes. o Utility wires and structure overhangs should have a minimum height clearance of 20 feet along the ingress and egress route. No utility wires shall extend over the enclosure approach and service area. o Dead end streets, which are planned for extension in future development phases, will have sufficient all weather turn around areas for Class 7 trucks constructed of a suitable road base material. Compactor Requirements: o The customer is responsible for providing a %" hose bib within 20 feet of the compactor enclosure. The hose bib shall meet all City of Denton plumbing code requirements. o In specific wet waste situations the compactor site shall contain a minimum 12" by 12" screened sand or grit trap catch basin connected to a minimum 4" wastewater drain, which shall be connected to the City's sanitary sewer system. Wastewater drain construction specifications shall comply with all City of Denton code requirements. Site Design Review Procedure: Pursuant to the Staff Review Procedure set forth in S35.3.7 of the Denton Development Code, development review staff may consider other solid waste and recyclables service options meeting or exceeding the solid waste and recyclables storage and enclosure design objectives. Solid Waste Criteria for Approval: The solid waste and recyclables storage and collection goals and objectives, which must be met, and are required prior to approval are: S:\CC Related\Year 2006\CC Backup\12-2006\12-19-06\DA05-0012 Subchapter 13 requirements for dumpsters\Ex. 2 SW 8 Commercial and Recycling Site Design 9 26 06.doc 1. Assure that the proposed plan allows for sufficient access for police, fire, and health & safety personnel, and meets all federal, state, and municipal laws and ordinances providing for the health, safety, and well being of Denton's citizens. 2. Assure that the proposed plan allows for sufficient storage area, between collections, for all refuse and recyclables. 3. Submittal of annual historical documentation from similar developments that provides actual refuse and recyclables volumes on a weekly basis. 4. 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L ~ W 13 Commercial and Recycling Site Design 9 26 06.doc APPENDIX B Subchapter 13 Development Code Expansion Applicability Table Single-family expansion within permitted lot coverage. NA NA NA NA NA NA NA Multi-family expansion of 10% of the number of units or 10 units, whichever is less. Yes Yes Yes Yes Yes Yes Yes Non-residential expansion of 1,000 sf or 25%, whichever is greater. Yes Yes Yes Yes Yes Yes Yes Casualty loss replacements for all uses that exceed the above determined thresholds. Yes Yes Yes Yes Yes Yes Yes Reconstruction after any voluntary demolition of all or substantially all improvements on a site. Yes Yes Yes Yes Yes Yes Yes Parking lot expansion (excluding Must meet site re-striping) of six spaces or more. Yes NA compliance NA Yes Yes NA Conversion of a residential structure to a non-residential use where no site improvements are required. NA NA NA NA NA NA Yes S:\CC Related\Year 2006\CC Backup\12-2006\12-19-06\DA05-0012 Subchapter 13 requirements for dumpsters\Ex. 2 sw 14 Commercial and Recycling Site Design 9 26 06.doc Exhibit 3 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 CodeA 4 standards for solid waste containers, dumpster locations 4 COMMISSIONER STRANGE: we have a motion by 5 and dumpster enclosures. MrA LockleyA 5 OrA Thibodeaux. Do we have a second? 6 MR LOCKLEY:' Good evening, MrA-Chair, 6 COMMISSIONER EAGLETON: second. 7 members of the Planning CommissionA For the past few 7 COMMISSIONER STRANGE: A second by Mr. 8 months the Commission and the Council have considered and 8 Eag1etonA 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 containersA 14 15 The pmpose of this amendment primarily is 15 16 just to enable us to enact those standardsA 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 ODA 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 YOUo 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 0 That concludes my PresentationA 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. ThibodeauxA 25 PLANNING & ZONING REGULAR SESSION, NOVEMBER. 8, 2006 Page 29 -' Page 32 AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEP ARTMENT: Planning and Development Howard Martin, 349-8232 .. ACM: SUBJECT - A06-0005 (Hills of Denton) Hold the second 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 subj ect 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. . On December 12, 2006 the City Council held its first public hearing. . 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) City Council Work Session Intent to Annex Notification Mailed Planning and Zoning Public Hearing First City Council Public Hearing October 3, 2006 November 10, 2006 December 6, 2006 December 12, 2006 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. Respectfully submitted: , ~ Brian Lockley, AICP, Interim Planning and Development Director ~d by: Supriya Chewle Planner II EXHIBIT 1 SERVICE AREA ANALYSIS A06-0005 Fire 10 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. 20 Estimated response timeo 3.5 minutes 30 Appropriate response time in the Cityo 5 minutes 40 Is a new fire station approved in the CIP that could serve this area? No, If yes, what is the CIP program year? 50 Will a new fire station be requested in upcoming CIP proposals to serve this area? o If yes, when should this station be operational? 60 Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. None 70 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 10 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. 20 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 populationo (to be dedicated at time of development) 5 acres minimum sizeo Neighborhood Park Development cost per acre is approximately $60,000/acre. Community Parks: 3.0 acres per 1 ,000 population 30 acres minimum 30 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. 40 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 10 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 20 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 30 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? 40 Will additional equipment and funding be needed to serve this area? No. If yes, what type? 50 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? 60 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 10 Estimated additional funding needed strictly based on proposed annexation and development. $0.00 20 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. 30 At what population level would another library facility be required? 131.738 40 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. 60 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 10 Is residential solid waste service available to the proposed area for annexation? Yes 20 Is commercial solid waste service available to the proposed area for annexation? Yes 30 What is the estimated cost to provide this area with solid waste service? Equipment and Maintenanceo N/A Personnel. N/A 40 What is the typical revenue collected per: Household 0 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. 50 Will additional equipment be needed to serve this area if annexed or developed? Type of Equipment. No Cost of Equipment. No 60 Will additional employees be needed to serve this area if annexed or developed? Type of Employeeso No Number of Employeeso No 70 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 10 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. 20 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. 30 Are any new lines or facilities proposed for construction to serve this area? No new lines or facilities are proposed at this time. 40 Are there any potential responsibilities if this area is annexed? No 50 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 10 What is the nearest City of Denton water line? Size of water lineo 36 inch Location of water lineo North side of Loop 288 west of Locust Street Distance from proposed annexationo 20 What is the nearest City of Denton sewer line? Size of sewer lineo 18 inch Location of sewer lineo On Nicosia Street south of Loop 288 Distance from proposed annexationo 1500 feet 30 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 constructiono Water lines: Size Year Location Line extension reauirements and lines sizes will be determined durina the preliminary plattina phase of the proiect. 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. 40 Are there any City of Denton lines included in the proposed annexation? No. 50 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: 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 10 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 20 Are any of these improvements presently scheduled to be done at state or federal expense? Noo If yes, please identify facility and anticipated date improvements will beg in 0 30 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)o 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. 40 Will additional equipment and facilities be needed as a specific result of this annexation and development? Noo If yes, what type of equipment or facility? 50 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 10 Education services are currently provided by: Denton ISD 20 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. 30 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 40 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 50 Will projected school taxes from this development provide that additional funding? To be determined. 60 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. 70 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 80 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 ~~ ~~:f~ r;~ _~'.t_.:.:~\~~~ ~'_II 11__" . .-. " " i: ~ ..... . I y., ,-,~~- 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. Annexation Study prepared and available for public review. 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 EXHIBIT - 6 ITEMS. TXT 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PRO C E E DIN G S COMMISSIONER STRANGE: we'll next move to our public hearings. The first item will be Item No. 5A, 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 Mylam Road and east of Bonnie Brae. Ms. Chewle. MS. CHEWLE: okay. I don't think we're going to have a presentation either. The applicant Tomlin Investment from Addison, Texas has applied for a voluntary 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 generally located in the north -- northwestern area of the city of Denton's ETJ, north of LOOp 288 west of Locust Street, south of Milam Road and east of Bonnie Brae. Denton 288 LP has assembled 2,120 acres of land. If annexation is approved, the applicant proposes to rezone this property to allow for mixed use development. The subject site is currently undeveloped. Access to the property is from Locust Street, LOOp 288 and Bonnie Brae. On October 3rd, 2006, city council directed staff to proceed with this annexation. On November 10th, page 1 ITEM 5 . TXT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 communltles. Our office is in Addison, Texas. we're purely a local firm based in Texas. All of our projects are in North Texas. We are currently working 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. Again, I have some slides which we'll save for another time. We pride ourselves on our research and awareness of growth areas in the DFW metroplex. We really have confidence in Denton and the Denton market and particularly this part of town. We have a multi-village concept for this project as a Master plan community, a multi-village concept with a wide range of housing 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 ensure the quality 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 conjunction with the UNT campus page 3 ITEM 5 . TXT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the city issued a letter of intent to the subject property owners. The comprehensive plan identifies this area to be within Neighborhood Centers Land Use Designation. Staff recommends that the annexation proceed on schedule. That will be all. Do you have any questions? COMMISSIONER STRANGE: Anyone have any questions of staff? MS. CHEWLE: oh, we did receive a -- we mailed out the notification. We did receive one notification in the plat as neutral to the request. COMMISSIONER STRANGE: okay. All right. Is the applicant here and do they wish to speak? MR. ZIELKE: Chairman and commissioners, my name is Rod zielke with Tomlin Investments. I had a little powerpoint demonstration I was going to put on just to familiarize the commission and the audience with our firm and our plan for the property. I know we'll be up here many times so I don't want to take a lot of time, but I thought I'd flip through these -- being 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 ITEM 5 . TXT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 across 288 from us. with that, again, I had some other exhibits here I was going to show you, but without the visual aide, I don't think it works too well. So that's an introduction and look forward to working with the commission and the council as we progress through the stages of the project. Thank you very much. COMMISSIONER STRANGE: Anyone have any questions of Mr. zielke? I can't see if you've registered 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. zielke, and he has already spoken. Is there anyone here that wished to speak on this item? I will point out for those of you not familiar with our 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 yellow card which you'll find outside the door, indicate on it the item that you wish to speak to and turn 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 public hearing, do we have a motion on this item? page 4 25 ITEM 5 . TXT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 COMMISSIONER WATKINS: Mr. chairman, I asked the staff about the service analysis, it's not -- under water and waste water, it's not -- what is the nearest city of Denton water line? There's nothing listed 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 fix that here by simply penciling in yes and so when it goes ahead to council there won't be a flaw? MR. LOCKLEY: Yes, sir. We will make that change to the service analysis 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 bit. I also -- I had a little sticky 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 confirmation from them that that was an accurate statement. MR. LOCKLEY: Yes. There are facilities in page 5 1 2 22 3 23 4 24 5 25 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 ITEM 5 . TXT place right now to serve that development. COMMISSIONER STRANGE: Any other questions or any otherI~~~m~Xrits? Do we have a motion on this item? COMMISSIONER THOMAS: I so move. COMMISSIONER STRANGE: We have a motion by Mr. Thomas. Do we have a second? COMMISSIONER THIBODEAUX: 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 19,2006 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-823~ SUBJECT A06-0004 (Lot 2 of the Marriott Garden Addition Annexation) Consider adoption of an ordinance on second and final reading to voluntarily annex approximately 33 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) north of US 380 west of Masch Brand Road and legally described as Lot 2 of the Marriott Garden Addition. The Planning and Zoning Commission recommends the annexation proceed as presented (7 -0). BACKGROUND Applicant: City of Denton Denton, TX A voluntary annexation proceeding is being considered by the City of Denton for Lot 2 of the Marriot Garden Addition and associated right-of-way. The ownership of Lot 2 is split between JVC Partners and Denton County. Denton County has agreed to the annexation of the northern 32 feet of Lot 2 that was purchased in 1997. The subject property is currently being used for industrial and warehousing purposes. The subject property consists of eleven buildings totaling approximately 275,000 square feet. The proposed annexation is being initiated by the City as a result of a breach in the contract between JVC Partners Inc., Marriott Rental Inc., and the City of Denton, dated December 4, 2001. The contract stipulates that the property owner agrees to limit the use of Lot 2 of the Marriott Garden Addition to industrial uses related to the production, storage and distribution of concrete, which were in operation at the time the contract was executed. As well, the industrial uses and existing facilities at the time of the contract, consisting of seven buildings totaling approximately 116,060 square feet, two office trailers, four storage silos and associated scaling equipment, and parking lot areas, were not to expand. The contract also notes several other restrictive covenants that limited the location on site of a temporary concrete batch plant, to one time only for a period of six moths, starting from the approval date of the required Texas Natural Resources Conservation Commission (TNRCC) permit. This covenant required from the property owner the immediate withdrawal of all permitting applications with governmental entities concerning the proposed asphalt batch plant. The agreement further stated that if the property owner develops, constructs, or applies for a permit for uses beyond the uses included in the restrictive covenants, that would constitute breaching the contract and the City could, at its discretion, initiate the voluntary annexation of the subject property. Staff has reviewed the agreement and the subject property and determined that the facilities on-site have been expanded beyond the original agreed upon terms. The Legal department on October 6, 2006, notified JVC Partners and Marriott Rentals, via certified mail, of the contract breach and the City's intent to annex the subject property. The applicant has made contact with the City and requested information about the annexation schedule. In anticipation of the pending annexation, the City contacted the adjacent property owners to determine their interest in participating with the subject annexation (see Exhibit 8). A total of three property owners, including Denton County, were contacted. Of the three, Denton County agreed to annex to the City per Cathy Allcorn, Denton County Planning Manager, but the City received her response after the time needed to process it as a part of this subject annexation. An additional annexation can be pursued to bring the Denton County parcel into the City at a later time. The remaining two property owners had no interest in annexing to the City at this time. The following items summarize the proposed annexation and important actions taken: . September 12, 2006, staff received direction from the City Council to pursue voluntary annexation proceedings for approximately 33 acres legally described as Lot 2 of the Marriott Garden Addition and associated right-of-way. . September 15, 2006, the City of Denton issued a letter of intent to annex to property owners. . September 19, 2006, the County Commissioners voted in favor of the proposed city annexation of the county's property (see Exhibit 3). . The entire area proposed for annexation is located within City of Denton's extra territorial jurisdiction and is not zoned. . The City Council has held two public hearing on October 17, 2006 and October 24, 2006. . On October 25, 2006 the Planning and Zoning Commission voted to recommend the annexation proceed as presented. . The Comprehensive Plan identifies this area to be within Employment Centers and 1 00- Year Floodplain land use designations. . The annexation is scheduled for completion on December 19,2006. Please refer to Exhibit 1. In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexations of areas in the ETJ when significant developments are proposed." Annexation should be considered when a property is located within the designated urbanizing area; is expected to accommodate urban growth in the next twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of-way. The Lot 2 of the Marriott Garden Addition site is located in Denton's ETJ Division 1. As such, development is subject to only the City's subdivision regulations and not zoning regulations. The subject site is platted; however, any subsequent subdivision or reconfiguration of Lot 2 will be subject to the City's subdivision regulations. Incorporation of this site into the City would not require additional properties. 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 approval of the annexation ordinance on first reading. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) Final plat approved. First annexation attempt failed due to insufficient votes. Second annexation withdrawn and signed contract executed. City Council Work Session Intent to Annex Notification Mailed 1 st CC Public Hearing 2nd CC Public Hearing P&Z Public Hearing 1 st reading of the Ordinance Ordinance publication FISCAL INFORMATION March 26, 1997 June 5, 2001 December 4,2001 September 12, 2006 September 15,2006 October 17, 2006 October 24,2006 October 25, 2006 November 14,2006 November 18, 2006 Development of this property will increase the assessed value of the city, county, and school district. Proposed annexation area will add additional tax base to the city (see Exhibit 6). EXHIBITS 1. Service Plan 2. Service Analysis 3. Location Map 4. Map of Property Owners Contacted About Annexation 5. Proposed Annexation Schedule 6. Denton County Commissioners Court Annexation Approval Motion 7. Memorandum Addressing Contract 8. Contract 9. P &Z Minutes 10. Ordinance Respectfully submitted: Brian Lockley, AICP, Interim Planning and Development Director EXHIBIT B CITY OF DENTON ANNEXATION PLAN FOR A06-0004 (Lot 2 of the Marriott Garden Addition) I. AREA ANNEXED The annexation area is located in the northwestern portion of Denton's Extraterritorial Jurisdiction and contains approximately 33 acres of land generally located at the Southwest corner of Hampton Rd and Masch Branch Rod intersection and legally described as Lot 2 of the Marriott Garden Addition and associated right-of-way. 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. 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 7.5 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. 1 H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysisodoc 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 located within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. 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 Development Code, Chapter 35 of the Code of Ordinances, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain Employment Centers and 1 00- Year Floodplain! Environmentally Sensitive Areas. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. IV. UTILITY (RATEPAYER) SERVICES A. Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City. The Department is an entirely fee 2 H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysisodoc based operation and received no resources from taxes. Solid waste collection service will be provided to the property upon the effective date of the annexation using existing personnel and equipment. The City of Denton Solid Waste Department will honor existing contracts with private solid waste service providers after the effective date of this annexation in accordance with Texas Local Government Code, Section 43.056(0) (Vernon Supp. 2000). The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. All residential homeowners and commercial businesses should telephone the City of Denton Solid Waste Customer Service Department at 940-349- 8787 to initiate service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to . . . receIvIng servIce. Residential Solid Waste Services Each residential address will be provided a 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. 3 H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysisodoc 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. 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. Existing City of Denton water and sewer lines are located along the boundaries of the annexation area. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. c. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. D. Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. Denton Municipal Electric and TXU are the current electric service providers for this site. 4 H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysisodoc 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 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, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 ~) 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 H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysisodoc ANNEXATION REQUEST SERVICE AREA ANALYSIS A06-0004 The Planning and Development Department is processing a voluntary annexation for approximately 33 acres of land in the northwestern area of the City of Denton's extraterritorial jurisdiction (ET J) generally located at the southwest corner of Hampton Rd and Masch Branch Road intersection and legally described as Lot 2 of the Marriott Garden Addition, according to the plat recorded as document number 97 -R0041 092 in the Plat Records of Denton County, Texas, and associated right-of-wayo Refer to map belowo Sizeo 33 acres Locationo Southwest corner of Hampton Road and Masch Branch Road intersection in the northwestern area of the City of Denton extraterritorial jurisdiction (ET J)o Proposed useso None at this timeo Proposed zoninao Not determined at this timeo However, the proposed zoning would be within the Employment Center zoning classification The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexedo A service area analysis form is attached 0 Please provide the requested information and any other pertinent information you deem necessaryo To determine the city's ability to provide services to the proposed area it is necessary to document: . Each department's existing capacity to provide an adequate level of service to the proposed area; . Additional personnel and capital equipment/facilities necessary to provide an adequate level of service to the proposed area; and . Cost of providing additional serviceo Existing Conditions: Proximity to existina arterial and collector roadso The Mobility Plan designates Masch Branch Road as a collectoro The property is located approximately 1 ,500 feet north of University Driveo University Drive is designated as an arterial roado The subject property fronts and has access onto Mash Branch Roado Future Land Useso The proposed annexation area contains two future land use designations: Employment Centers and 100-Year Floodplaino The 100-Year Floodplain locates along the southwest corner of the subject propertyo Existina land useso The subject property is currently used for industrial and warehousing useso Eleven buildings, totaling approximately 275,000 square feet, locate on siteo H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc Prominent natural featureso The area to be annexed is located within the Hickory Creek watershed 0 Environmental Sensitive Areas (ESAs), including floodplain and stream buffers are located along the south and west boundaries of the propertyo Proximity to other service providerso The annexation area is along the northwestern border of the City of Dentono Based on current data, there is an 8-inch water line along the street frontage of the propertyo The closest 8-inch gravity sewer line locates on Hampton Roado Thank you for your consideration of this request. Please submit any other information that you believe is pertinent to evaluate the provision of services to this area to Deborah Viera in the Planning and Development Department at deborahoviera@citvofdentonocom by September 25, 20060 You may reach her at 349-8368 if there are any questionso LOCATION MAP OF PROPOSED ANNEXATION AREA Parcels Proposed for Annexation Current City Limits H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc AERIAL OF PROPOSED ANNEXATION AREA H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysisodoc SERVICE ANALYSIS A06-0004 Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # 5 & 3, located at the intersections of Windsor and Bonnie Brae, and McCormick andl35E 20 Estimated response timeo 7 minutes 30 Appropriate response time in the Cityo 5 minutes 40 Is a new fire station approved in the CIP that could serve this area? No. 50 Will a new fire station be requested in upcoming CIP proposals to serve this area? Noo 60 Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. Not Applicable 70 Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? 1 per 20,000 residents Is there an accepted facility/equipment to population ratio that can be used for planning purposes? No. Is there an accepted fire fighter to population ratio that can be used for planning purposes? 1 per 1,000 residents Additional Comments: We already respond to this area. It would have no negative impact on our resources. Rick Jones. Fire Marshal Person to contact if there are questions September 15. 2006 Date H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysisodoc SERVICE ANALYSIS A06-0004 Parks and Recreation 10 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 (2. 15 miles), McKenna Park (2.29 miles), and Airport Open Space Park (2.21 miles). Current residents will be able to use existing City of Denton parks, facilities and programs. 20 What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? The 2000 Denton Park and Recreation Master Plan does not indicate a need for a Community Park in the general area of the proposed annexation. Service Standards: Neighborhood Parks: Community Parks: 2.5 acres per 1,000 population (to be dedicated at time of development) 5 acres minimum size. (by developer) cost per acre. 3.0 acres per 1,000 population 30 acres minimum 30 How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? None Service Standard: Based on $3,454 (developed) cost per acre 40 How many additional personnel would be needed to properly serve this area if annexed and developed? None Service Standards: 0.5 to 0.7 FTE additional personnel per 1,000 population (depending on type of service) $38,000 per year cost per additional personnel Additional Comments: Bob Tickner. Superintendent of Park Plannina and Development Person to contact if there are questions Sept. 27. 2006 Date H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysisodoc SERVICE ANALYSIS A06-0004 Police 10 Estimated average response time for this area based on current department conditions: Priority 4 minutes Non-priority 21 minutes Average 12.5 minutes 20 Appropriate average response time in the city based on current department conditions: Priority 4 minutes Non-priority 21 minutes Average 12.5 minutes 30 If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? No 40 Will additional equipment and funding be needed to serve this area? No 5. Will a police substation or other facility be needed to serve this area as a result of annexation and development? No 60 Please comment on the cumulative impact of annexation and development. At what population level would another police facility be required? Not Applicable Is there an accepted facility/equipment to population ratio that can be used for planning purposes? No Is there an accepted officer to population ratio that can be used for planning purposes? 1.79 officers per 1,000 citizens Additional Comments: Lt. Lenn Carter Person to contact if there are questions September 25. 2006 Date H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysisodoc SERVICE ANALYSIS A06-0004 Librarv 1. Estimated additional funding needed strictly based on proposed annexation and development. $0.00 20 Please comment on the cumulative impact of annexation and development. No there will no cumulative impact on library services as a result of this annexation and development. 30 At what population level would another library facility be required? 131,738 40 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. 50 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. 60 At what population level would another library facility be required? 131,738 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. 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. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes Eva Poole. Director of Libraries Person to contact if there are questions September 26. 2006 Date H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysisodoc SERVICE ANALYSIS A06-0004 Solid Waste 10 Is residential solid waste service available to the proposed area for annexation? Yes 20 Is commercial solid waste service available to the proposed area for annexation? Yes 30 What is the estimated cost to provide this area with solid waste service? Equipment and Maintenanceo Personnelo Not Applicable Not Applicable 40 What is the typical revenue collected per: Household 0 Commercial Business Residential Carts - 3 sizes Dumpsters and Roll-Off Containers Call Customer Service for rates. 940-349-8787 50 Will additional equipment be needed to serve this area if annexed or developed? No 60 Will additional employees be needed to serve this area if annexed or developed? No 70 Please comment on the cumulative impact of annexation and development. We can begin serving this area immediately. At what population level would additional equipment be required? Not Applicable Is there an accepted equipment to population ratio that can be used for planning purposes? No Is there an accepted employee to population ratio that can be used for planning purposes? No Additional Comments: So Lebsack Person to contact if there are questions September 19. 2006 Date H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysisodoc SERVICE ANALYSIS A06-0004 Electric Utilities 10 What is the distance to, location of, and size of the nearest City of Denton electric line? DME services a portion of the 33 acres and electric service to the rest of the site is provide by TXU. 20 What type of lines and facilities would be required to serve this area? Electric lines to serve this site are in place. 30 Are any new lines or facilities proposed for construction to serve this area? No 40 Are there any potential responsibilities if this area is annexed? The street lighting of Masch Branch Road. 50 Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? No Is there an accepted employee to population ratio that can be used for planning purposes? No Additional Comments: Donald McLauahin Person to contact if there are questions September 15. 2006 Date H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysisodoc SERVICE ANALYSIS A06-0004 WaterlWastewater 10 What is the nearest City of Denton water line? Size of water lineo a inch Location of water lineo Masch Branch Road Distance from proposed annexationo Along the property on Masch Branch Road 20 What is the nearest City of Denton sewer line? On Hampton Road Size of sewer lineo The proposed annexation area is served by an existing sewage lift station that discharges into an existing a-inch gravity sewer line on Hampton Road. Location of sewer lineo Hampton Road Distance from proposed annexationo Adjacent to site 30 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 constructiono Size Year Location Water lines Not Applicable Sewer lines Not Applicable 40 Are there any City of Denton lines included in the proposed annexation? Existing water and wastewater lines are located within Masch Branch Road and Hampton Road that currently provide service to the proposed annexation area. 50 Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: The proposed annexation area is served by existing water and wastewater lines. No additional capacity is needed to serve the proposed annexation area. Tim Fisher, Assistant Director Water & Po So Arora, Assistant Director Wastewater Persons to contact if there are questions September 25. 2006 Date H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysisodoc SERVICE ANALYSIS A06-0004 Enaineerina and Transportation 10 What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Masch Branch Rd between University and the south property line of this parcel is not of sufficient structural integrity to support the expect volumes and type of traffic this site generates and may require substantial improvements or upgrades in the near future. Name and location Masch Branch Rd (between University and the south property line) Tvpe of Improvement mill and overlay Approximate Cost unknown at this time 20 Are any of these improvements presently scheduled to be done at state or federal expense? No 30 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)o Drainage improvements funded by the local government are not required. General comments: The DF-3 floodplain (Zone A) encroaches onto the west side of the property. Fill and grading was completed within the floodplain along the west side of the annexation property to construct the parking area and a warehouse building. The City believes the property owner has not received a letter of map revision from FEMA, which is a violation of the National Flood Insurance Program. Upon annexation, this will also be a violation of the City's Flood Prevention and Protection Code (Chapter 30). The warehouse structure at the southwest corner of the property will be non-compliant upon annexation. The owner will be required to achieve compliance with the NFIP and Chapter 30 as a prerequisite to receiving a development or building permit for any additional improvements to the property. 40 Will additional equipment and facilities be needed as a specific result of this annexation and development? No 50 Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Not Applicable Is there an accepted equipment to population ratio that can be used for planning purposes? Not Applicable H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysisodoc SERVICE ANALYSIS A06-0004 Is there an accepted employee to population ratio that can be used for planning purposes? Not Applicable Additional Comments: Bernard Vokoun & Edward Witkowski Person to contact if there are questions September 26. 2006 Date H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysisodoc Lot 2 of Marriott Garden Addition Legend City Limits D Parcels - Streets o Lot 2 of Marriott Garden Addition Cf:J ~ ~ > o ~ ETJ 08 SITE Legend o City Limits D Parcels - Streets NR-2 EC-I IC-E RCC-N Property O,^,ners Inquired About Annexation ANNEXATION SCHEDULE Lot 2 of the Marriott Garden Addition Potential Annexation Notices to Intent to Annex (30 day prior to 1st PH) will be send on September 1Stho Tuesday, 10/17/06 Tuesday, 10/24/06 Wednesday, 10/25/06 Tuesday, 11/14/06 Sunday, 11/18/06 Tuesday, 12/19/06 City Council conducts first public hearinao . Public notice must be no less than 10 days and no more than 20 days before public hearingo o Annexation Study prepared and available for public review 0 o Service Plan prepared and available for public reviewo City Council conducts second public hearinao (Special Called Meeting) . Public notice must be no less than 10 days and no more than 20 days before public hearingo Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexationo City Council by a four-fifths vote institutes annexation proceedingso (Special Called Meeting) First readina of annexation ordinanceo . Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearingo Ordinance published . The ordinance cannot be acted upon until at least 30 days after publicationo . The publication of the ordinance would be on a Saturday instead of Sunday, as it has been done customarilyo This change in publication day would allow holding the second reading of the ordinance on December 19, 2006 City Council by a four-fifths vote takes final actiono Second readina and adoption of the annexation ordinanceo City Council considers approval of zoning request. . Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1st reading)o The second reading of the ordinance and zoning approval could be held any time between December 19, 2006 and February 13, 20070 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 - 1 - Ordinance) more than 20 days after the second City Council public hearin2 but less than 40 days from the first City Council public hearin2. - 2 - ~ DENTON COUNTY' COMMISSIONERS COURT /9, Day 2006 Year Court Order Number: -L~-O S~I THE ORDER: Approval of the Annexation bv the City of Denton of 1~,tCountv.Property on Masch Br~nch Road County Jod2e Yes Mary Horn Abstain No Absent Seconded by ~,. ') ~ Motion by Cu r;;: - Commissioner Pet No 1 Yes Cynthia White Abstain No Absent / Commissioner Pct No 2 Yes Sandy Jacobs Abstain No Absent ~ Commissioner Pct No 3 Yes Bobbie J. Mitchell Abstain No Absent ~ ~ Commissioner Pct No 4 Yes Jim Carter Abstain No Absent Motion Carried s~u "0 ~ulled from Consent :.....- No Action Postponed _ ATTEST: Cynthia Mitchell, County Clerk and Ex-Officio Clerk of the Commissioners Court of 1\",11111,'"",1. Denton County, Texas ~"'\'oGOU~]~~~ .~ m ~ ~ ~~ ............".~ ~ BY: ~ t 1< .,.~ ~ ~ Deputy County Clerk ':~: -:e= :05 =c:::~ :2:: :a~ :~~ ~ V -.... ..... ~ S ~ _n #'.. ~ ....fIt __~ ~ ~ u~~ ..,......, ,,\y ~ ~J7~/l ~J. * \\,~~ '11111" Jill' ",\t , .._, ._;.-,~.. BIIm ." " . : : ::', " :. x . . K.KOD~lre gK ~. ............................................................................................................................................................................................................................................... m ~ --- ~~ _~_~~'i ~ IT :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:....n ~ : ~. ...~ \. : - .977 01723 RESTRICTIVE COVENANTS 130406 STATE OF TEXAS } } } KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON THESE Restrictive Covenants ("Restrictive Covenants") are made and entered into as of the'1fi.Jdayof U 6-C b.-iS rz-,/ , 2001, by and between the CITY OF DENTON, TEXAS . (the "City"), NC PARTNERS, INC., a Texas Corporation (the "Property Owner"), and . MARRIOTT RENTALS, INC. ("Marriott"). / WHEREAS, the Property Owner is the owner of an approximate 28.4215 acre parcel or tract of land located in the Denton County, Texas within the extraterritorial jurisdiction of the City as more particularly described as Lot 2, Block 1 of the Marriott Gardens Addition according to the plat thereof recorded as document number 97-R0041092 in the Plat Records of Denton County, Texas. ("Property"); and . -.:-- WHEREAS, Marriott is a lessee on the Property and has made application with the Texas Natural Resources Conservation Commission ("TNRCC") and Denton County to construct an asphalt batch plant on the Property; and WHEREAS, the City has initiated the involuntary .annexation of certain real property which includes the Property, pursuant to Annexation Case AOI-0004 (the "Annexation Case"), for the public benefit and for the benefit of adjacent properties and the owners thereof; and WHEREAS, the Property Owner has requested that the Annexation Case be dismissed in exchange for which they have agreed to enter into these Restrictive Covenants for the benefit of Property Owner, Marriott, the City, and the property owners adjacent to the Property; and WHEREAS, the beneficiaries of these Restrictive Covenants are the City, Marriott, the Property Owner and the property owners adjacent to the Property, and each has the right to enforce such covenants NOW THEREFORE, in consideration of the covenants contained in these Restrictive Covenants, including the City's dismissal of the Annexation Case, the receipt and sufficiency of which is acknowledged, the City, Marriott and Property Owner agree as follows: 1. The Property Owner hereby declares that all of the Property shall be held, sold and conveyed subj ect to these Restrictive Covenants, which are for the purpose of protecting the value and desirability of, and which shall run with the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of the Property Owner, City, and their successors, heirs and aSSigns. ~ It e ~},977 Oll?L '* i _ j 2. The Property Owner covenants and agrees with the City that it will not use the Property for any use other than the existing uses and structures or materially expand the existing uses and structures as defined and shown on Exhibit "A" attached hereto and made a part by reference (the "Existing Uses") unless the Property is zoned to allow such other use after the Property is annexed into the City or unless the Property Owner receives the prior written consent of City~ The term Existing Uses also includes the right to locate, one time only, on the Property a temporary concrete batch plant for the production of concrete for use only on the Property, which right shall expire within six months after the TNRCC issues a permit for the temporary concrete batch plant (the "Temporary Concrete Batch Plant"). Property Owner shall not commence construction or development or apply for any permits for uses other than the Existing Uses on the Property, unless the Property Owner first receives City's written consent, or unless the Property has been annexed into the City and is zoned to allow such use. If Property Owner breaches its obligations hereunder by commencing construction or development or applying for a pemlit for a use not allowed hereunder, such actions shall be deemed a request for voluntary annexation by City and the Property shall, at the discretion of the City, be annexed into the City. The Property Owner and all of its successors and. assigns covenant and agree ,..that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. The Property Owner and Marriott hereby waive any and all vested rights including rights and claims that they may have under Section 43.002 and Chapter 245 of the Texas Local Government Code related to uses or potential uses of the Property,. other than the Existing Uses. Without limiting the foregoing, this waiver and covenant includes any use of the Property for an asphalt batch plant or similar uses, except for the Existing Uses (the "Batch Plant"). Upon execution of these Restrictive Covenants by all parties, the Property Owner and Marriott hereby agree to immediately withdraw all applications for the Batch Plant upon the Property currently pending with any governmental entity and agency. Marriott agrees to abide by all of the covenants contained in this Section 2. Further, the Property Owner and Marriott acknowledge and agree that the terms, covenants and agreements contained in these Restrictive Covenants do not constitute actions of the City as contemplated by Subsection 2007~003(a)(3) of the Texas Government Code and the Property Owner and Marriott hereby waive any rights, remedies, claims, and causes of action that they may have under Chapter 2007 of the Texas Government Code against the City in connection therewith. 3. In consideration of the covenants and agreements contained herein the City has agreed to dismiss the Annexation Case~ Further, to the extent permitted by law, so long as there is no breach of the terms or ,conditions of these Restrictive Covenants, the City agrees not to involuntarily annex the Property for a period of five years from the date of the dismissal of the Annexation Case~ The Property Owner and Marriott represent and warrant that they are represented by legal counsel, that they make these Restrictive Covenants voluntarily, and that the City's dismissal of the Annexation Case and the City's conditional agreement herein not to involuntarily annex the Property are individually and collectively adequate consideration for the Property Owner's and Marriott's promises and covenants herein. The City's promise contained in this Section 3 regarding not involuntarily annexing the Property for a period of five years is hereby declared by the parties hereto to be severable~ If it is determined by a court of competent jurisdiction to be void, voidable, or unenforceable the remainder of these Restrictive Covenants shall remain in full force and effect as if such provision were not contained herein. Page 2 S:\Share\LA W _ WP\Patricia\MARRIOTT\Signed Restrictive Covenant Alt-l.doc e .977 01725 4. Any person who sells or conveys any portion of the Property shall prior to such sale or conveyance give separate written notice of these Restrictive Covenants to the prospective purchaser or grantee, along with a separate notice to the City including a copy of such written notice. Notice to the City shall be addressed as follows: City Manager City of Denton 215 E. McKinney Denton, Texas 76201 5. These Restrictive Covenants are to run with the land described herein as the Property and shall be binding on all parties and all persons claiming under them, and any future owners of the Property for a period of fifty years from the date these Restrictive Covenants are recorded. These Restrictive Covenants shall not be amended without the prior written consent of the City. 6. These Restrictive Covenants may be enforced by the Property Owner, the City, and their successors, .heirs or assigns by any proceeding at law or in equity. Failure by the Property Owner or the City to enforce any covenant shall in no event be deemed a waiver of the right to do so thereafter. 7 ~ Invalidation of any of the covenants or provisions contained in this instrument by judgment or court order shall not in any manner affect any of the other covenants or provisions herein set forth and all such remaining provisions shall remain in full force and effect. 8. No subsequent change in the law shall in anyway affect the validity or enforceability of these Restrictive Covenants. 9. This instrument may be separately executed in any number of individual counterparts, and such counterpart signatures, when assembled together, shall constitute one and the same instrument 10.. The Property Owner represents and warrants to the City that there are no. existing liens affecting the Property.. If this representation and warranty is inaccurate it shall constitute a breach of the terms and conditions of these Restrictive Covenants. The parties hereto have executed these Restrictive Covenants as of the date first above written. By: Name: Vickie Marria t President Page 3 S:\Share\LA W _ WP\Patricia\MARRlOTT\Signed Restrictive Covenant Alt.l.doc e e big 7 7 MARRIor RENTALS, INC. By: CITY OF DENTON, TEXAS BY: &~ / 8vfJc~ Euline Brock, Mayor ennifer K. Walters City Secretary APPROVED AS TO FORM: CITY ATTORNEY L- Page 4 S:\Share\LA W _ WP\Patricia\MARRlOTT\Signed Restrictive Covenant Alt-l.doc 01726 p It e ~f971 01727 ACKNOWLEDGMENTS STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the!J!)I-;Y Of"'ClCvl."..t:r:t , 2001 by Vickie Marriott, the President of NC Partners, Inc., a Texas corporation, on behalf of said corporation. ~ . (..".. '-". ,." ....~ . 't)~ - Notary Public, ra and for the State of Texas 9.?OOOOOOOOOOOOOOOOCCOO::>:)Q;)Oocooot~ ~. ~\\'I r/rf 8 '{ ..,~:~~.Jd PU;/~...... DEBBiE E. MILUCAN 8 'c ~. ~~ ~ ~ 8 8[~(*.: ~ ~ Notary PubHc~ State of Texas ~\._'::'~'.""".:$..l My Commission Exp. 02.16-20038 ~~~~~ R ~~~OOOOOOOOOOOOOOOOOOOOOOOO My Commission expires: ~... I u -- "t-C03 STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the:l..!iraY of ~t-UA.kL, 2001 by Vickie Marriott, the -=PJLtA{~~ of Marriott Rentals, Inc., a Texas corporation, on behalf of said corporation. ...... ,.' ,~ .... """i'\."""''''''' ~ . ............ t'~ f., ~'i''ohl''.QO^'"'' 00000000("'<1-., ~.)'~ ..,: . t...\r.,ff-<.;\.#"o#.....,...".,t~~.....:/\~""-oi'J04\./-....J~ ~ VS '(.1 ~/ ....~~.~;~;. ;".l .:: :/>'~:" -' . .~ ~ ::';;":'~. 0 EBBI E E. M ILLlCAN 8 8 ~ < ~ );1~} .... ~ Notary Public~ State of-Texas 8 g ':<':.~;;i~."'<;(<'_::: My Commission Exp. 02~16-2003 8 ~. -"I,'j'; :-~\;~~,,, R a~\j\j~'OOO()0000CQCCOOOOOO()oOOOOOOOO . ~ J, f A ('-.7~ (~I l.4.t.U('~-- Notary Public, in and for the State of Texas My Commission expires: ,;2 - I (p ~ 2-(5(:;3 STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the '/!day of~, 2001 by Euline Brock, Mayor of the City of Denton, Texas, on behalf of said city. I "\,,,"'~~~M',,- S'~'\~. ~~!.f.~~ g~." ~ .,~.~ \ :". -,~. ..~;~j ~~ti .;\\"'~~ ottitu, .,,"" JENNIFER K~ WALTERS Now ry P u blic~ State of ~exas t\ {y Cnmmi~:;;;on Exp~re~ Decernber19,2D02 N t Publ", in and for the State of Texas My Commission expires: /d.- / /q /o~ . / Page 5 S: \Share\LA W _ WP\Patricia \MARRIOTT\S igned Restrictive CovenantAl t-l.doc e e~977 o I" /.8 I J.~ EXHIBIT "A" THE "EXISTING USES" The Existing Uses are described as follows and are located in the structures or buildings as shown below: 2281 Masch Branch Road 18 approximately 11,060 square foot building used for o ffice/W arehouse purposes. 2281 A Masch Branch Road Office Trailer~ The trailer serves as office. 2281 B Masch Branch Road~ This is a building approximately 25,000 square feet designed and used for office/warehouse purposes. 2281 C Masch Branch Road.. This is a building approximately 25,000 square feet designed and used for office/warehouse purposes. 2281 D Masch Branch Road~ This is a building approximately 16,000 square feet designed and used for office/warehouse purposes. 2281 E Masch Branch. This is a building approximately 16,000 square feet designed and used for office/warehouse purposes~ 2277 Masch Branch Road and Parking Lot~ This is a building approximately 11,000 square feet designed and used for office/warehouse purposes. 2275 Masch Branch Road. This is a building approximately 12,000 square feet .designed and used for office/warehouse purposes~ 2269 Masch Branch Road and Parking Lot, Adjoining Fuel Island and Truck Parking Area: This is tile existing trllck shop owned by JThf. Two (2) Asphalt Silos & Scales: The silos are used for the storage of asphalt The scales are used to weigh the asphalt upon removal from the silos. Scale House. This is a small office type structure used to store computer equipment and serves as an office. Two (2) Cement Silos: These. are used for the storage of cement. Guard Trailer~ This is a trailer used by a night watchman on the Property. Page 6 S:\Share\LA W ~ WP\Patricia\MARRIOTT\Signed Restrictive Covenant Alt-l.doc ~ t Hd~ I J ~j'm > I ~l" '~ c;I ( I~J12 ~ /~~ ~ ~l~~' I ;j ~1m I . ~I~~' j :U1~ II ;~ r~ L ~ m 'lo . ;j ! I ~ ,l toN l"'1 N p.1 CO :l ~ (1 t'r:I ::r ~ ~ en n ::r' \; :: ~ 5\ & ~ m l , t 1 f .:- e teN H N ~ CO , ]:j I--L n tj ~ :3:: PJ en n =r' QOl. A,.j' -~~ n j' I/Q W J io... .../ '\ ; J' yJ.AHpTt ~_., -. .'----' ---.-rr : I. . ~., ',:. . : _ _.~. . ~ ~... I r - . : I .N .. - ~ -:--": ::. : - :: "_-ri,~~~.:. :1.J.~'_: ~~.. :s:: I~"-' -r "'- :., OJ ' l ' .. .en .n .~ N I.... I .~. ~ ... . ~~ -~ - . : :"' -:j:~: l,:. . . j td . -. ". .. -.. - -- ,..- . -- l"i ~~ . I . ~ -1-'-<'-: : .. .00.' - - .: , g. ~~. ~ JI. . J' C\ : ,~ , ~.. ; ~. ~ n. :rJ - I~ _ ~ I r_ . '. ~ -". ..: ~ ~ ..' -.:.: ~ - -: ~ ~ - < .; >~ ~ ~ ~ . . .,'~. ~ ~ ~ ~.. . ~ ~.... ..:- '. - .. . + ~ . ~ . :: _ . _ I .:. ~_.... _ ~_ r . ~ :' ~ ~ . ~~ ~... ~~.~ .,.- ~ ~ ~ _ I _ ~ I .., .... -: r _ r -. ~ _ ~ I . ~ ~ ~._ = I ': ,+ - - . ~ -~ ~ ~ ~....... .. ~ . - ~ + . . -. . . . . - -. ., :':.~'~;' ~ :... . - . ": ~ ~.: ; "- ~ t -.: ~ " . . -, ~ -.,: ~. ~.:..: . ;'". - ~:~:.. ~ . . : .'. ~ . ~ : ~ :.. - :..: _ 7 :_. r.: ~ -r.~... ~.~. +r~ ~1: '+; _ I... ~; ~: ~ . . -. ;+ .. rl ... - ~... ~ ...-.. ~ ~ . I ...,... _..~ - - .-. n .- - . . ~ <. ':~j~-..;~US:'~r~r,~ ~ ~ ! . -1.Jt~ !..! ,~ .~ ;( ~ z:; ~ ; l -, ( , . . , I ! .::lOl. ~r EXHIBIT Page .7 b ---A- Ji J:) ,J! Page 61 Page 63 1 COMMISSIONER STRANGE: The next item is 1 here and do they wish to speak? I have no other cards. 2 Item No. 5G. It's a voluntary annexation and service plan 2 Is there anyone else who wishes to speak? Seeing none, 3 for approximately 33 acres located to the north of U.S. 3 wetll close the public hearing. Do we have a motion on 4 380 and west of Masch Branch Road, Lot 2 of the Marriott 4 this item? 5 Garden Additiono Ms. Chewle~ 5 COMMISSIONER EAGLETON: r 11 move approval, 6 MS. CHEWLE: The applicant for this 6 Mr. Chairman. 7 annexation is the City of Denton. This is a voluntary 7 COMMISSIONER STRANGE: we have a motion by 8 annexation proceeding considered by the City of Denton for 8 ~o Eagleton 0 Do we have a second? 9 Lot 2 of the Maniott Garden Addition and the associated 9 COMMISSIONER LYKE: I'll secondo 10 right-of-way. The ownership of Lot 2 is split betvleen NC 10 COMMISSIONER STRANGE: okay. We have a 11 Partners and Denton County.. Denton County has agreed to 11 motion by Mr. Eagleton, a second by Ms. L yke. Any 12 -- to the annexation of the Northern 32 feet of the Lot 2 12 discus sian? Seeing none, please vote. Ms. L yke, your 13 that was purchased in 1997~ The subject property is 13 vote did not register.. There you go. 14 currently being used for industrial and warehousing 14 V ote passes 7-0. 15 purposes 0 The Comprehensive Plan identifies this area. to 15 Do we have any future Agenda items? Okay. 16 be within employment centers and 100-year flood plain land 16 With that we will adjown our meeting at 7:44. Thank you 17 use designations. 17 very much. 18 The proposed annexation is being initiated 18 (End of proceedings~) 19 by the City as a result of a breach in the contract 19 20 between NC partners, Marriott Rental and the City of 20 21 Denton dated December 4th, 2001. The contract stipulated 21 22 that the property owner agreed to limit the use of Lot 2 22 23 of the Marriott Garden Addition to Industrial uses related 23 24 to the production storage and distribution of concrete 24 25 which were in operation at the time the contract was 25 Page 62 Page 64 1 executed. 1 2 The industrial uses and the existing 2 3 facilities at the time of contract were not to expand. 3 4 Staff has reviewed the agreement and the subject property 4 5 and the facilities on site have been expanded upon the 5 6 original agreed upon terms. The Legal Department on 6 1 October 6th, 2006 notified NC partners and Marriott 7 8 Rentals via certified mail of the contract breach and the 8 9 Cityf s intention to annex the subject property. The 9 10 applicant has made contact with the City and requested 10 11 information about the annexation schedule. 11 12 On September 12th, 2006, staff received 12 13 direction from the City Council to pursue all three 13 YELLOW CARDS TURNED IN' 14 annexation proceedings 0 On October 17~ 2006, the first 14 AMANDA CARNEY 15 Denton City Council public hearing was held. And on 15 ANDREA HATAWAY 16 October 24th; 2006~ the second Denton City Council public 16 MICHELLE JOHNSON 17 hearing was held. Staff reconunends that the public 17 BILL COLE~N 18 hearing proceeds as scheduled finding that the need to 18 DALLAS COTHRUM 19 manage and coordinate development in an orderly manner is 19 20 significant City objective that the City of Denton will 20 21 pursue 0 Do you have any questions for me? 21 22 COMMISSIONER STRANGE: AnY questions of 22 23 staff? 23 24 MS. CHEWLE: Thank you. 24 25 COMMISSIONER STRANGE: IS the applicant 25 Condenselt TM PLANNING & ZONING REGULAR SESSION, OCTOBER 25, 2006 Page 61 - Page 64 S :\Our Documen ts\Ordinances\06\A06-0004.doc EXHIBIT 10 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 33 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE NORTHWESTERN AREA OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION (ETJ); GENERALLY NORTH OF US 380 AND WEST OF MASCH BRAND ROAD AND LEGALLY DESCRIBED AS LOT 2 OF THE MARRIOTT GARDEN ADDITION, AS RECORDED IN CABINET N, PAGE 230, PLAT RECORDS, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTNE DATE. (A06-0004) WHEREAS, Pursuant to Section 43.061 of the Texas Local Government Code, et seq., home rule cities are authorized to annex areas that are not required to be in an annexation plan; and WHEREAS, on or about October 25, 2006, the Planning and Zoning Commission recommended approval of the annexation; and WHEREAS, the City Council finds that the Property contains fewer than 100 separate tracts of land on which one or more residential, dwellings are located on each tract; and WHEREAS, this annexation is voluntary and is being made under Subchapter C-l of Chapter 43 of the Texas Local Government Code; and WHEREAS, the City Council finds that all required notices were given in the time and manner required by law; and WHEREAS, public hearings before the City Council were held in the Council Chambers on October 17, 2006, and October 24, 2006, (both days being on or after the 20th day but before the 40th day of the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council November 14,2006; and ", WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on November 18, 2006, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Property is hereby annexed to the City of Denton, Texas~ SECTION 3. The service plan, a copy of which is attached hereto and made a part hereof by reference as Exhibit "B" (the "Service Plan") which provides for the extension of municipal services to the Property, is approved as part of this ordinance. The Service Plan was made available for public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings~ . SECTION 4~ Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all portions of the Property lawfully annexed regardless of whether any other part of the Property is declared not to be lawfully annexed into the City. If any part of the Property is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to atmex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance~ . i SECTION 5: This ordinance shall become effective immediately upon its passage and approval. i ; PASSED AND APPROVED this the _ day of , 2006. PERRY MCNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: EXHIBIT "A" ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS, AND BEING PART OF THE w. BRYAN SURVEY, ABSTRACT NUMBER 148 AND THE S. HUIZAR SURVEY, ABSTRACT NUMBER 514 AND BEING ALL OF LOT 2, BLOCK 1 OF THE MARRIOTT GARDENS ADDITION AS RECORDED IN CABINET N, PAGE 230, PLAT RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a point being tile southwest con1er of Lot 2, Block 1, of said Marriott Gardens Addition and being on the northern boundary line of the existing Denton city limits as established by Ordinance No. 86...23; THENCE North along the west line of Lot 2, Block 1, of said Marriott Gardens Addition, a distance of 1,371.66 feet to a point for a comer being the northwest comer of said Lot 2; I THENCE South 89 degrees 48 minutes 00 seconds East along the north line of said Lot 2, and passing at a distance of 901.47 feet the southeast corner of said Lot 2 and west right of way line of Masch Branch Road, and continuing a total distance of 987 feet to a point for corner on the east line of said road; THENCE South along the east line of said Masch Branch Road a distance of 2,603 feet to a point for a comer being on the north line of the existing Denton city limits as established by Ordinance 69-40; THENCE West along the north line of said existing Denton city limits a distance of34.5 feet to a point for a comer and being on the east line of the existing Denton city limits as established by Ordinance 74-36; THENCE North along the east line of said existing Denton city limits, a distance of 200 feet to a point for a corner being the northeast comer of said existing Denton city limits; THENCE West along the north line of said eX,~sting Denton city limits, a distance of 30 feet to a point for a comer in the west line of said roaq, said point also being the southeast comer of the existing Denton city limits as established by Ordinance 85-29; THENCE North along the west line of said road and along said existing Denton city limits, and passing at a distance of 472 feet the northeast comer of said existing Denton city limits also being the southeast comer of the existing Denton city limits as established by Ordinance 86-23, and continuing along said existing Denton city limits for a total distance of 1,028.10 feet to a point for a comer, said point being the northeast corner of the existing Denton city limits as established by Ordinance 86-23; THENCE North 89 degrees 35 minutes 00 seconds West along the north line of said Denton city limits, and passing at a distance of 21 feet the southeast comer of said Lot 2, and continuing 3 along said Denton city limits and along the south line of said Lot 2 for a total distance 922.49 feet to the POINT OF BEGINNING and containing 32..8 acres of land. 4 f- ~ I'-- :floJ, ~ ~ -- ~~ , I Ie 1 ~~ ,: i ~ ~ .. .. -.. ~ -:- ~..-.. ............. - ~ ....... \. ,~ \ ll.:V~-v c.~ . 1 1"' ETJ LOCATION MAP ~ ~ S A SIT 1.5 IfA.!v. PION I UU~-Y ~J r-; ~ Cfty Limits -' \;J ~ 'C · .....-.. - ..-......-. ~r -....-..-.. I ~. e ' 1~ .. ~ L ;--- fr- ~ f2: n j. ~ _\ .._[[(V rr ~ \a 1-.::: L I ~I II II, r-r- ~ ~ ri~ L~ I :. r ~ -7 ~ 5 ~ ~I ~ ~~ n '\~ ~-- I ~ ~. I t ~ F L .~ ru,u" ~ ~ 0 J =i L:J -~ \ ~ 1 I Jl\ ~ , ~ I \ 1 i i~ ~~ ~~ t~ EXHIBIT "B" CITY OF DENTON ANNEXATION PLAN FOR A06-0004 (Lot 2 of the Marriott Garden Addition) " l' I. AREA ANNEXED THE ANNEXATION AREA IS LOCATED IN THE NORTHWESTERN PORTION OF DENTON'S EXTRATERRITORIAL JURISDICTION AND CONTAINS ~ APPROXIMATELY 33 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF HAMPTON RD AND MASCH BRANCH ROD .; INTERSECTION AND LEGALLY DESCRIBED AS LOT 2 OF THE MARRIOTT " GARDEN ADDITION AND ASSOCIATED RIGHT-OF-WAY. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area describ~d 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 em.ergency response time in this area is 7.5 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 Cit.y 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 dat~ of the annexation. 6 D. Parks and Recreation Facilities Parks and recreational facilities ill the area to be annexed will begin upon the : effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are located within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton Park and recreation facilities and programs. 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 pe"rmit 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 Development Code, Chapter 35 of the Code of Ordinances, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain Employment Centers and 100- Y ear Floodplain! Environmentally Sensitive Areas. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. IV. UTILITY (RAl'EPAYER) SERVICES A. Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City. The Department is an entirely fee based operation and received no resources fro~ taxes. Solid waste collection service will be provided to the property upon ~he effective date of the annexation using existing 7 persolUlel and equipment. The City of Denton Solid Waste Department will honor existing contracts with private solid waste service providers after the effective date of this annexation in accordance with Texas Local Government Code, Section 43~056(o) (Vernqn Supp. 2000)~ The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste Department is fully funded throug.h the service fees charged, and receives no funding from city tax revenues~ Solid waste refuse collection setvices will be provided to the newly atmexed property immediately upon the effective date of the annexation~ All residential homeowners and commercial businesses should telephone the City of Denton Solid Waste Customer Service Department at 940-349-8787 to initiate service. Commercial customers. are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Residential Solid Waste Services Each residential address will be. provided a wheeled refuse cart, which will be serviced one time per week. Re~idents 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 elilnin!tte wind blown debris and littering~ Refuse that is not placed in the cart with the lid closed will p.ot 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 curbsid.e 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 y~d 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~ 8 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. 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. Water/Wastewater Facilities Maintenanct 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.. Existing City of Denton water and sewer lines are located along the boundaries of the annexation area. 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 projected 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 ~ertified 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 ~ity. Denton Municipal Electric and TXU are the current electric service providei~s 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 9 City shall pro.vide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area.. VI. CAPITAL IMPRO''EMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density~ Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 Y2) 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 tlrroughout 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 i,fthe 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 pU!"suant to Texas Local Government Code, Section 43~056 (Vemon Supp. 200Q). . 10 AGENDA INFORMATION SHEET AGENDA DATE: December 19,2006 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND Don Richards, Construction Appeals and Advisory Board, has moved out of the city limits. This is a nomination for Council Member Thomson. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S : \Agenda Items\Board-Commission vacancies.doc