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HomeMy WebLinkAbout07-12-1994 t N Y i E 1 r r r CITY COUNCIL AGENDA PACKET 7/12/94 t 4 j u r r P r j r a 1 I, ~ e !3 ,4peAdsNo.~ y' Dad. Agodalte l Oats AGENDA CITY OF DENTON CITY COUNCIL JULY 12; 1994 Executive Session of the City of Denton City Council on Tuesday, July 12, 1994 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: j NOTE: THE CITY COUNCIL XECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM TO WHICH ITNIS E LEGALLY PERMISSIBLE. 5:15 p.m. I 1. Eyecutive Session: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Sconsider a towe regarding rtheirmauthe dit of GTEis franchise fee payments. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 !4 Personnel/Board Appointments Under TEX. GOV'T CODE C. Sec. 551.074 1 Special Call Session of the City thof Denton Cit e City CouncilCouncil ChambersTof sCity 1 July 121 1994 at 6s00 p.m. Hall, 215 E. McKinney, Denton, Texas at which the following items will be consideredt 6:00 p.m. 1. Consider nominations and/or appointments to the City's Boards and commissions. City/Chamber direction,COmmerce Economic 2. Briefin on ment the scope of Study and give the Develop 3. Receive a mereort, hold r discussion dian openings and funding for Highway 380 from Elm Street to Loop 288. 4, Receive a report, hold a discussion, and give staff direction concerning thu bidding of the City's Flexible Benefits Program ,t x (IRS 125 Plan) and marketing of individual insurance products to City employees. 5. Receive a briefing on an improvement project for the Denton Municipal k I e e s E ~gindiNo.9~- oS Agendalle Dare City of Denton City Council Agenda " V July 12, 1994 Page 2 Receive a easibility ofpconstructing la convention discussion cente:.- in Denton. 6. f 7. Receive a report, hold a discussion and give staff direction regarding amending the Subdivision and Land Development Regulations and development fees- (The Planning and Zoning commission recommends approval.) 8. Review the proposed 1994-95 budget hearing schedule and give staff direction. k 9. Consider a motion to reconsider at the July 19, 1994 Council i meeting, an ordinance rezoning a 17.9335 acre tract located on P the east side of Ruddell Street south of the extension of East Hickory Street from single-family dwelling (SF-7) zoning district to Light Industrial-conditioned (LI(e)] g district. Z-94-013 10. Consider approval of a resolution in support of the Denton County Courthouse-ori-the-Square Sprinkler System Grant ` application. 4 11. Executive Sessions I1 1 A. Legal Matters Under TEX. GO'V'T CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Soo. 551.074 C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, the _day of , 1994 at i CITY SECRETARY THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN THE NOTES ~ ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. r CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE F T SCHEDULED PLEASE SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULE THROU H THE CITY SECRETARY'S OFFICE. ACCO E err « : n r I& L =COUNT I 1• I I • 46 r • tC:~ I t I i L n aQe~uo R -oat. Apeeden pate ~ _ •2 - BOARD/COMMISSION NOMINATIONS ~O~S 1994-95 AIRPORT ADVISORY BOARD Dist CURRENT MEMBER NOMINATION TEAM CQUNCIL *7 John Dulemba John Dulemba 1992-94 Mayor *3 Nancy Hundley Don Smith 1992-94 Perry *4 James Jamieson James Jamieson 1992-94 Cott *5 Jim Risser Jim Risser 1992-94 Miller ANIKAIr SHELTER ADVISORY BOARD { CDUNCI DIET CURRENT MEMBER NOMINATION T= *2 Mary McKay Joella Orr 1991-94 Smith BOARD OP ADJUSTMENT DIST CMEENT MEMBER NOMINATION TEBL COUNCIL *5 Rebecca King Rebecca King 1992-94 Miller *2 Marcia Staff Larry Collister 1992-94 Smith 3 VACANT (ALT) Bob Hagemann 1993-95 Perry *4 VACANT (ALT) Joe Bendzek 1993-95 Cott i BUILDING CODE BOARD DIST CURRENT MEM@B$ NOMINATION TE&t COUNCIL *3 James Fykes (ALT) James Fykes 1992-94 Perry E *4 Bob George (ALT) Bryon Woods 1992-94 Cott *5 Steve Kniatt Steve Kniatt 1992-94 Miller 6 Isabel Miller, Mary McCain 1992-94 Brock *7 Greg Muirhead Greg Muirhead 1992-94 Mayor y, r, * - Individual nominated and approved No * - --iividur' nominated not approve - no nomination R +i r~ e i A AwdaNo..?'q~ Agendalte Date - 2 COMMUNITY DFVLLOPMENT ADVI8ORY COMMITTFE QU-1 CURRENT MEMBER NOMINATION 7-M COUNCIL *5 Dorothy Martinez Dorothy Martinez 1992-94 Miller *6 Peggy Fox Peggy Fox 1992-94 Brock 1 r 7 Fred Hill 1992-94 Mayor *3 Curtis Ramsey Larry Bailey 1992-94 Perry *5 Rey Trejo Ann Hatch 1992-94 Miller DATA P9OCE88IN0 ADVIBOAY BOARD QI$T CURRENT M .MB.R NOMINATION TF<$jq COUNCIL i t *2 Rosa Lawton Rosa Lawton 1992-94 Smith 3 Robert W. Minnie 3992-94 Perry 4 Brian Scott 1992-94 Cott ~f DOMNTO1fN ADVISORY BO RD DIET CURRENT MEMBER NOMINATION TFBM RfCIL *3 Geneva Berg Geneva Berg 1992-94 Perry 4 BeBe OluPsen Anita Creach 1992-94 Cott r, j *5 Fred Patterson Joy Williams 1992-94 Miller *6 Barbara Philips Michael Flanagan 1992-94 Brock *7 Rahna Raney Rahna Raney 1992-94 Mayor ELECTRICAL CODE BOARD D18T CURRENT MEMBER NOMINATION TEEM COUNCIL E *3 John Hardinger John Hardinger 2992-94 Perry *4 David Martin Don Fox 1992-94 Cott *1 Robert Hicks Robert Hicks 1992-94 Chew 4 + - Individual nominated and approved h' No * - Individual nominated but not approved - no nomination f r M1, s k i AgeodaNo_ ~ Ageenik- JW-T HISTORIC Dale*3 Kenneth Morgan Kenneth Morgan 1992-94 Perry *7 Judy Cole Judy Cole 1992-94 Mayor *2 Mary McCain Jim Kirkpatrick 1992-94 Smith HUMAN 8 RUCES COMMITTEE DIET kURRENT M UR NgALUUQH T COUNCIL *6 Jim Bendzek Pat Muro 1992-94 Brock 7 Lawrence Cochran _ 1992-94 Mayor *2 Terry Garrett Kent Miller 1992-94 Smith *4 Sandy Kristofersen Sandy Kristofersen 1992-94 Cott KEEP DENTON BEA72IlOL BOARD 1. DIST CURRENT MEMBER NOMINATION] COUNCIL } *1 Dave Boston i Charlye Heggins 1992-94 Chew *6 Gertrude Gibson Luanne Hicks 1992-94 Brock *7 Betty Kimble Vera Laney 1992-94 Mayor *3 Kandice Gandel Kandice Gandel 1992-94 Perry 4 Bill Watson Bill Watson 1992-94 Cott LIBRARY BOARD DS$T CURRENT ME_MBkR NOMINATION COQ *7 Kjell Johansen Kjell Johansen 1592-94 Mayor *3 Kathy Pole Kathy Pole 1992-94 Perry *4 Jean Schaake Ema Ruth Russell 1992-94 Cott f M' * - Individual nominated and approved No * - Individual nominated but not approved - no nomination 1 ApandaNo, afl O, . 2 9W Date PARKS AND RECREATION BOAR 40f.5 pI3T CURRENT MEMBER NOMINATION I= CO CIL *7 Tom Judd Tom Judd 1992-94 Mayor i *2 Loyce Wilson Loyce Wilson 1992-94 Smith PLANNING AND 20NING COMMISSION DIST CURRENT MEMBER NOMINATION I sow *3 Mike Cochran Mike Cochran 1992-94 Perry ti *5 Jim Engelbrecht Ellen Schertz 1992-94 Miller € *6 Katie Flemming Katie Flemming 1992-94 Brock i i PLUXBING AND MECHANICAL CODE BOARD D= CURRENT MEMBER NOMINATION COUNCIL I *5 Millard Heath Millard Heath 1992-94 Miller *6 Lee Capps Lee Capps 1992-94 Brock *1 Jeff Peploe Jeff Peploe 1992-94 Chew PUBLIC UTILIT118 BOARD I DIST CURRENT MEMBER NOMINATION TEEM COUNCIL I i *6 Roland Laney George Hopkins 1990-94 Brock SIGN BOARD OF APPEALS DIST , CURRENT MEMBER NOMINATIOr TEBM COUNCIL *1 Harry Eaddy Spencer Washington 1992-94 Chew *3 Ann Houston (ALT) Ann Houston 1992-94 Perry *7 Mike Wiebe Mike Wiebe 1992-94 Mayor Y * - Individual nominated and approved "r No * - Individual nominated but not approved - no nomination y , I . 1 ~eedaNo Q Q bb 4g4ad Ft Oats PPIC SAY TY COMMIS 10 QTr: 9 RRENT MEMBER NOMINATION TERM COUNCIL 6 VACANT L. Keith Martin 1992-94 Brock *1 Kathy Devine Kathy Devine 1992-94 Chew *2 Eric Jackson Eric Jackson 1992-94 Smith j *3 George Kay Mark Coomes 1992-94 Perry *4 Edna Redmon Larry Luce 1992-94 Cott CIVIL SERVIgn COMMISSION fi= CURRENT MEMBER NOMINATION TIM *3 Charldean Newell Charldean Newell 1991-94 Harrell pFMgN HOUSING AUTHORITY sm CWMENTT MEMBER NOMINATION TE&S 1 Derrell Bulls _ 1992-94 Mayor f 2 Rudy Rodriguez 1992-94 Mayor TMPA BOARD OP DIRECTORS W CURRENT MEMBER NOMINATION Aga i *1 Tom Harpool Tom Harpool 1992-94 Council ACCO0128 f f: I * - Individual nominated and approved No * - Individual nominated but not ipprovei - no nomination ~ J r V p{rlF. Y' u'r " v i e ' y I y ^ n r1 -TT ~pend3No ~ ~ ~ Agend it nt Gate TRAFFIC 8A~$~ COMMI83ZON Stys DIST CURRENT MEMBER NOMINATION UM MHM b VACANT L. Keith Martin 1992-94 Brock *1 Kathy Devine Kathy Devine 1992-94 Chew *2 Eric Jackson Eric Jackson 1992-94 Smith *3 George Kay Mark Coomes 1992-94 Perry *4 Edna Redmon Larry Luce 1992-94 Cott CIVIL BERYICe COMfMIBBION 3 CURRENT MEMBER NOMINATION *3 Charldean Newell Charldean Newell 1991-94 Harrell Q NTON HOUSING AUTHORITY e fi= CURRENT MEMBER NOMINATION 1 Derrell Bulls 1992-94 Mayor ' 2 Rudy Rodriguez 1992-94 Mayor i i THPA BOARD OF DIRECTQRB 1 $f,$T CURRENT MEMBER NOMINATION *1 Tom Harpool Tom Harpool 1992-94 Council ACCO0128 I LI T*idividual nominated and approved Now -individual nominated but not approved - no nomination L i i c s I CITY OF DENTON CITY COUNCIL MINUTES JULY 12, 1994 The Council convened into the Executive Session on Tuesday, July 12, 1994 at 5115 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry) Mayor Pro Ten Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None I 1. The Council considered the following in Executive Session: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered a repot from the consulting firm of Reed Stowe regarding their audit of GTE's franchise fee payments. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 Personnel/Board Appointments Under TEX. GOVT CODE Sec, 551.074 The Council convened into a Special Call Session of the City of Denton City Council on Tuesday, July 12, 1994 at 6:00 p.m. in the City Council Chambers. PRESENTS Mayor Castleberry; Mayor Pro Ten Brock; Council Members Chew, Cott, Perry, Miller and Smith. I ABSENT: None 1. The Council considered nominations and/or appointments to the City's Boards and Commissions, I { Mayor Castleberry indicated that nominations had been made at the last meeting and council was now ready to vote on those nominations. Cott motioned to approve the nominations. On roll vote, Brock "aye„, Cott, "aye", Miller "aye", Smith "eye", Chew "aye", Perry aye", and Mayor Castleberry "aye". Motion carried unanimously. Council made additional nominations as noted in Attachment A. 24 The Council held a briefing on the scope of the City/Chamber of Commerce Economic Development Study and gave staff direction. Lloyd Harrell, City Manager, stated that this was a continuation of the project proposed by the Chamber of Commerce at a previous " meeting. At that meeting, Council authorized participation in a I~ Z ~ , li 4 CITY OF :'ENTON CITY COUNCIL MINUTES JULY 12, 1994 The Council convened into the Executive Session on Tuesday, July 12, 1994 at 5:15 p.m. in tho Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tom Brock; Council Members Chew, Cott, Perry, Miller and Smith. ARSE None ` 1. The Co cil considered the following in Executive Sausioni Legs Matters Under TEX. GOVT CODE Sec. 551.071 1. Conti darwed a report from the consulting firm of ~ Reed tos regarding their audit of GTE's franchise fee pa ents. - B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1 I C. Personnel/Board 4 ointments Under TEX. GOVT CODE Sec. 551.074 The Council convened into a Sp ia1 Call Session of the City of Denton City Council on Tuesday, ly 12, 1994 at 6:00 p.m. in the City Council Chrmbexs. j PRESENT: Mayor Castleberry; Y.yor P Tem. Brock; Council Members Chew, Cott, Perry, Miller an Smith. ABSENTt None i 1. The Council considered nominations an or appointments to the city's Boardo and Commissions. s ad been made at the aticn Mayor Castleberry indicated that nomin ready ~o vote on those cw , last meeting and Council was n ~ nominations. Brock Cott ilotioned to approve the nominations. On 11 vote, "aye", Cott, "aye", Miller "aye", Smith "aye", Ch w "aye's, Perry i "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council made additional nominations as noted in Atta mont A. 2. The Council held a briefing en the scope of the C ty/Chamber of Commerce Economic Development Study and gave staff d rection. Lloyd Harrell, City Manager, stated that this was a continuation of Y the projeot proposed by the Chamber of Commerce at a previous meeting. At that, meeting, Council authorized pa0icipation in a .i f •1` - - - - - 7r-_^ City of Denton City Council Minutes July 12, 1994 Page 2 joint economic development project, staff had received a draft contract which the Chamber proposed to enter into with a consulting firm. Betty McKean, Executive Director for Municipal services and Economic Development, stated that Council had been presented a scope of study for the proposal. The objective of the study was to perform an overall assessment of how the City was situated with competing cities, in terms of incentives, site availability, and how the City was able to bring a deal to closure. She presented suggestions/ changes to the proposed scope of study. Those suggestions/changes included (1) an analysis of the perception of Denton's quality of life as compared to competitors in terms of education, location, business climate, basic services such as health care, housing and a profile of existing manufacturers; (2) an early review session with the consultants to ensure that they read and understood the study's objectives correctly; (3) all of the assessments were to be done on a comparative basis; and (4) expanding the time frame to complete the study as currently it was suggested to begin the project in August and complete in mid- October. Mayor Pro Tem Brock stated that there was an emphasis on competitiveness but it was not clear what that involved. The North Texas Commission had presented information which showed that too _.J much time had been spent competing within the metroplex and overall it was a loss when a company was drawn from another part of the region. The Vision consultant had indicated that there was a need to look at the issue regionally. A prospect needed to be attracted to tho region and then within the region there was a need to market f the city as unique. She was concerned that the study would be dealing with such issues as how long it took a development proposal to go through the Carrollton City Hall as compared to Denton. Was the study dealing with other cities in the metroplex, nation-wide or internationally. McKean replied that this item was layered and the competitiveness would be addressed on several different levels. The first level would be international and how to gain an international reputation. The second level would be nationally so that with an initial cut, Denton would still be included in the prospects. The third level would be locally which would look at any possible factors which would cause Denton to drop out of the competition. These factors would also include concrete items in terms of the City's development process and permitting process. The consultant had been asked to respond in terms of dollars for each of the tanks so as to be able to pick and choose if necessary, the items in the project. , City of Denton City council Minutes July 12, 1994 Page 2 joint which the Chamber prop osed to enter into with a contract consulting firm. Betty McKean, Executive Director for Municipal Service es na Economic Development, stated that council had been p wr.s to scope of study for the proposal. The objective of the situated with was perform an overall assessment of how the city availability, and cities, in terms of iacdealvto#closure. She presented how the competing City was able to bring Those ro esed scope of study. suggestions/changes to the proposed an analysis of the perception of suggestions/changes included (1) rs in terms Denton's quality of life as compared to baslct seorvices such as education, 3 cation, business climate, existing manufacturers; (2) health care, h ing and a profile of an early rev sion with the objectives correctlyiTe(3)aallhof iews read and understoode study' and (4) be done on a comparati$ currently it was the assessments were o complete the study a expanding the time fray" suggested to begin the p act in August and complete in mid- October. fat there was an emphasis on Mayor Pro Tem Brock stated rr~~ competitiveness but it rwas not esented infor w at on which showed thatotoo overall Texas commission had p 'n the much time had been spent competinags idraw t from another xPndart of the ad that there was a need it was a loss when a company region. The vision consultant had iresp attracted ec needed to be to look the issue regionally. A P @ would et was region that then sneed tudy folbe to the region and then within the city as unique. it took a development proposal dealing with such issues as how lonnall as compat d to Denton. Was to go through the Carrollton City the study dealing with other cities in the metro ex, nation-wide or internationally. The level that McKeanberepliedddressed essed oh several different levela.t co Sfirsiret taleve n l tion. would be international and how to gain so oann "t al cut, The second level would be nationally rospecta. The thi level Denton would stll whichincluded looktat any possible factors which 4 would be locally out of theitems competition. Ththe fcitors would cause Denton to drop concrete in terms of process. The consultant a would also include d development process and permitting been asked to respond in terms of dollars for each of he ti insth as to be able to pick and choose it necessary,`gC the items project. i t City of Denton City Council Minutes July 12, 1994 Page 3 Mayor Pro Tem Brock referred to page 2 which dealt with the purposes and goals. It was indicated that the study would identify key economic trends, analyze market and retention programs, etc. She felt that that was very specific very quickly and that a starting point needed to be what companies were looking for when they started looking for an area in which to locate and what factors determined their decisions. She felt that the study also needed to look at companies which had decided to come to Denton and what particular/unique qualities did Denton have which made them decide to choose Denton. Council Member Smith stated that proposed changes were good. On page 6 of the scope, she suggested that the City receive 15 copies of the preliminary report as well as the Chamber. She also felt that a final report should be presenter, to the City as well as the chamber. CouncilwereMember be Miller felt that it was extremely important if the businesses were looking for in communities. Much of the information in the scope of services was very important but businesses would not get to that type of information until it had looked at such issues as location, what kind of community it was, what were the educational opportunities, etc. He felt that those j items needed to be identified not only in terms of strengths and weaknesses, but also in terms of what they were, relative to what was being looked for, such as what kind of labor force Denton had. It was necessary to look at how people located. one of the last items which a large business looked at was the -oning laws, as they would spend many dollars looking at those issues before deciding on whether to explore a community further. The study should indicate what the world would look like in terms of economic development n whether for domestic companies or international companies. This was what they were looking for and based on that, here was how Denton was analyzed. He felt it was important to have an early assessment with the consultant and that the time frame of 2-2 1/2 months was too short. There was no emergency which dictated that there had to be a short time frame for the study. Too strict a time frame would be to the City's disadvantage. The macro issues needed to be looked at first to find out where Denton fit into the world and then look at the micro issues. Council Member Perry indicated that page 4 assessment of Denton0a business incentive ' /3 dealt with an that se ent should was programs. lady dis felt that being attractive on ano international at nationaleandlocal escale. The :inal report should grow out of what was discovered about Denton. z, City of Denton city council minutes July 12, 1994 Page 3 / Mayor Pro Tem Brock referred to page 2 whit dealt with the purposes and goals. It was indicated that the st dy would identify key economic trends, analyze market and retenti n programs, etc. She felt that that was very specific very qu l and that a starting point needed to be what *ef,6 companies co g for when they started looking for an area in which to locat O at factors determined their decisions. She felt that the stud so needed to look at companies which had decided to come to Denton and what particular/unique qualities did Denton have which made them decide to choose Denton. rouncil Member Smith stated that proposed changes were good. On }ayo 6 of the scope, she wow3d suggestO/that the City receive 15 copiagg of the preliminary report as well as the Chamber. She also felt tRat a final report should be presented to the City as well as the Chamb Council Membe iller felt that it was extremely important tbkt if the study were be meaningf ; hat it find out what it was that businesses were poking for n communities. Much of the information in the scope of services was very important but businesses would not t to that type of information until it had looked at such issues a location, what kind of community it was, what were the educationa opportunities, etc. He felt that those items needed to be identi ed not only in terms of strengths and weaknesses, but also in term of what they were, relative to what was being looked for, such as hat kind of labor force Denton had. It was necessary to look at ho people located. One of the last items which a large business look d at was the zoning laws, as they would spend many dollars looking at~those issues before deciding on whether to explore a community furtttilgr. The study should indicate 1 what the world would look like in terms of economic development J whether for domestic companies or inter ational companies. This t what they were looking for and based on that, here was how Denton was analyzed. He felt it was important t have an early assessment with the consultant and that tho time Era of 2-2 1/2 months was too short. There was no emergency which dip ated that there had to be a short time frame for the study. Too str t a time frame would be to the City's disadvantage. The macro ssues not;ed to be looked at first to find out where Denton fit nto the world and then look at the micro issues. Council Member Perry indicated that page 4, / dealt with an assessment of Denton's business incentive programs\ He felt that that segment should grow out from what was already discovered as being attractive on an international, national, and local scale. The final report should grow out of what was discovered about Denton. City of Denton City Council Minutes July 12, 1994 Page 4 McKean stated that the consultant would be provided the existing package of city incentive programs and they would do a matrix of area cities. This would areas where other . could work better with businesses easier and faster than Denton Council Member Perry stated that Denton would have some unique characteristics. out of those unique characteristics Denton's particular competitive advantages could emerge. He wanted to make sure those would be included in the study. He wanted it stated specifically that some of the innovative strategies and recommendations would grow out of the unique --haracteristics identified for Denton. Council Member Cott suggested that with the proposed changes a l cl dedt on the couthe ld be dollar study i and a might be necessary as not all of the items to McKean b sgest that the important c and how n to advise prioriize those items. were felt to Mayor Castleberry asked about the contract for the study. McKean stated that the contract would be directly with the Chamber j and the consultant. The City would review its contract with the Chamber and do an amendment include the City's portion of the funding afor the study,hamber to t h J I Council Member Smith stated that she had a problem with page three of the contract which dealt with ownership of the documents. Currently the proposal stated that the documents would become the sole property of the Chamber. As the City was also contributing to 4 the study, she felt that the City should have some ownership in the finished project. Mayor Castleberry suggested equal ownership of the documents. Council Member Smith felt that the City should have similar copies as the Chamber. McKean stated that that was the intent but would make sure that it was written into the contract. Council Member Perry stated that item number 7 dealt with disclosures made by the consultant to the Ch,3mber and felt that any disclosures made to the Chamber should also be made to the City. The City should have equal access to the documents and Information as the Chamber. He also suggested the contract be reviewed by the Department. He felt that there might be Open Records City►s Legal s E i I ti r t t kL r I City of Denton City Council Minutes July 12, 1994 Page 4 McKean stated that the consultant would be provided the existing package of city incentive programs and they would do a matrix of area cities. This would show areas where other cities could work better with businesses easier and faster than Denton. Council Member Perry stated that Denton would have some unique characteristics. Out of those unique characteristics Dentonts particular competitive advantages could emerge. He wanted to make sure those would be included in the study. He wanted it stated speai ically that some of the innovative strategies and recomme ations would grow out of the unique characteristics idencifie or Denton. Council Member Cott suggested that with the proposed changes a prioritization m t be necessary as the dollar limit on the study and probably ceoid not iamiude items Ala{ McKean suggested that th consultant advir3 which of the items were felt to be more importan and how to prioritize those items. Mayor Castleberry asked abou \th~~ contract for the study. McKean stated that the contract iw uld be directly with the Chamber and the consultant. The City wo~ d review its contract with the Chamber and do an amendment to thd\\contract with the Chamber to include the City's portion of the fuh ing for the study. Council Member Smith stated that she ha a problem with page three I of the contract which dealt with ownei hip of the documents. i Currently the proposal stated that the do ments would become the h sole property of the Chamber. As the City w also contributing to the study, she felt that the City should have oroe ownership in the finished project. Mayor Castleberry suggested equal ownership of t s documents. Council Member Smith felt that the city should have imilar copies as the Chamber. McKean stated that that was the intent but would make that it was written into the contract. 6 Council Member Perry stated that item number 7 de4t with disclosures made by the consultant to the Chamber and felt at any disclosures made to the Chamber should also be made to the City. The City should have equal access to the documents and information as the Chamber. He also suggested the contract be reviewed by the City's Legal Department. He felt that there might be Open Records i City of Denton City Council Minutes July 12, 1994 Page 5 Act issues involved which needed to be clarified in advance. McKean stated that this had been discussed at meetings with the Chamber. Council Member Perry stated that he would like that written into the contract to make certain that it would comply with the open Records Act. Council Member Cott stated that it might not be good to have this information accessible to open records as it was a competitive document. It might be best to keep the document with the Chamber so as to not be available to competitors. Mayor Pro Tem Brock felt any information which was committing public money, needed to be a part of the City's open records. She was concerned about challenges with the fact that Denton had contributed money for the study. Council Member Cott stated that if the City could be a venture capitalist, which the City might be able to be, it would have the ability to keep this as a competitive record. kl Mayor Castleberry asked the City Attorney to review the issue and return later with a decision. I Mayor Pro Tem Brock stated that she would like the City contract with the Chamber to be a part of the document. The City was excluded in various areas of the documents. What kind of contract r would the City need with the Chamber to safeguard the public interest. if the City were not included in the contract, then what was the legal relationship between the City and the Chamber. Council Member Chew suggested reviewing the possibility of the three entities entering into a joint contract. He had concerns with everything going to the Chamber and the President of the Chamber only. City Manager Harrell stated that all of the comments made by the Counoil regarding the scope of service and modifications desired tc be included in the contract, would be presented to the Chamber and would assume that they would be incorporated into the contract f, unless the Chamber had a difficulty with those changes. The Chamber was encouraging a fast time for solicitation of consultants. In order to meet the time schedule desired by the Chamber, the suggabtions would have to be incorporated into the contract and be sent out without Council review. In the meantime, the City Attorney's office would be working on a contract between i i I ~ k X City of Denton city council minutes July 12, 1994 I Page 5 Act issues involved which needed to be clarified in advance. McKean stated that this had been discussed at meetings with the Chamber. Council Member Perry stated that he would like that written into the contract to make certain that it would comply with the open Records Act. Council Member Cott stated that it might not be good to have this information accessible to open records as it was a competitive document. It might be best to keep the document with the Chamber sd~a to not be available to competitors. Mayor P Tem Brock felt any information which was committing public mon needed to be a part of the City►s open records. She was concerne about challenges with the fact that Denton had contributed mon for the stud;. Council Member Cot stated that if the City could be a venture capitalist, which the City might be able to be, it would have the t ability to keep this a a competitive record. Mayor Castleberry asked th City Attorney to review the issue and return later wikh a decision Mayor Pro Tem B ock stated that she would like the city contract with the Chamber~be a part of the ocunent. The City was excluded in various areas of the documenks. at kind of contract would the City need with the Chamber to safe rd the public interest. If the City were not included in the cont ct, then what was the legal relationship between the City and the amber. Council Member Chew suggested reviewing he possibility of the three entities entering into a joint cont ct. He had concerns with everything going to the chamber and a President of the Chamber only. City Manager Harrell stated that all of the cc ants made by the Council regarding the scope of service and modific ions desired to be included in the contract, would be presented to he Chamber and would assume that they would be incorporated into the contract unless the Chamber had a difficulty with those c nges. The Chamber was encouraging a fast time for soli tation of consultants. In order to meet the time schedule des ad by the Chamber, the suggestions would have to be incorporate into the r contract and be sent out without council review. In the ant me, the City AttorneY► s office would be w"orking on a contract between I h I ` a r City of Denton City Council Minutes July 12, 1994 Page 6 be: which would obligate the City to weeks to the City and the Cham the contract price. That was likely to take several we return for Council contract as opposed itohtheoseparateacontractewith d to make a three way contract as the Chamber, the process would be slowed down. s need to have e a d cofor a three way ntract with contract Council member theMiller re was did not see a but felt that Chamber and the City before it went to the consultant. The two contracts would relate to each other. Council Member Chew asked if a three way contract was quicker than another type of contract. Debra Drayovitch, city Attorney, stated that if the City became party to this contract, which was drafted between the Chamber and the consultant, the City would authorize the expenditure of funds and a separate contract with the Chamber would not be needed. It Thera would take time to look at the issue of confidentiality. were some informationrconfidential but research must be done as to the types documents othin of information which could be confidential. oven if the contract and the City took possession the , same issue could arise. Council Member Perry stated that as the Council was meeting every the6amber to resolve all a of `thee l.ssuese a He did nnot wantito i hurry through the study. McKean stated that an additional consideration was that if the City had a contract with the Chamber, would the City have to go through the normal bid process which would change the schedule. Council Chamber, ardithe Chamber had afconthe t actywithad a h theoconsultant~, j the sl tha w!.d process through the City would not be necessary. He felt that contract w with add aeChamber was first needed in order to make sure all areas Mayor Pro Tem Brock and a chamber, i it t Council had the contract between City"s the City ty interest and the public's interest. The Chamber could then make the direct contract with the consultant. City Manager Harrell stated that the item would be placed on the Council's August 2 meeting. A; e . City of Denton City Council Minutes July 12, 1994 Page 6 the City and the Chamber which would obligate the City to 503 of the contract price. That was likely to take several weeks to return for council consideration. If the document was modified to make a three way contract as opposed to the separate contract with the Chamber, the process would be slowed down. Council Member Miller did not see a need for a three way contract but felt that there was a need to have a contract with the Chamber and the City before it went to the consultant. The two contracts would relate to each other. Council Member Chew asked if a three way contract was quicker than another type of contract. Debra Drayovitch, City Attorney, stated that if the City became rty to this contract, which was drafted between the Chamber and the onsultant, the City would authorize the expenditure of funds and a a arate contract with the Chamber would not be needed. It would tak time to look at the issue of confidentiality. There wore some pr ieions which allowed the City to keep some of this k information co~4 dential but research must be done as to the types of information wh b}k1could be confidential. Even if it were not in } the contract and ths~City took possession of the documents, the t same issue could arise 3 Council member Perry stated that as the Council was meeting every week, there was a need to take-,,time to make a good consensus with the Chamber to resolve all of t e issues. He did not want to I hurry through the study. McKean stated that an additional consi oration was that if the City had a contract with the Chamber, would th@ City have to go through the normal bid process which would change',,he schedule. Council Member Miller stated that if the City ad a contract with the Chamber, and the Chamber had a contract wii" the consultant, the bid process through the City would not be nedepsary. He felt that a contract with the Chamber was first needed ih order to make sure all areas were addressed. I~ ! Mayor Pro Tem Brock felt that 1P the Council had the contract between the City and Chamber, it would safeguard the City0s interest and the public's interest. The Chamfer could the make the direct contract with the cons,::`ant. City Manager Harrell stated that item would be placed on th 4 Councilfs August 2 meeting. d, F i ti 4 ^ 1 City of Denton City Council Minutes July 12, 1994 Page 7 Council considered Item 19. 9. The Council considered a motion to reconsider at the July 19, 1994 Council meeting, an ordinance rezoning a 17.9335 acre tract located on the east aide of Ruddell Street south of the extension of East Hickory Street from single-family dwelling (SF-7) zoning district to Light Industrial-conditioned (LI(c)] zoning district. 2-94-013 Cott motioned, Miller seconded to reconsider the item. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. City Manager Harrell stated that the item would be on July 19th agenda for action. Council returned to the regular order. 3. The Council received a report, held a discussion and gave staff direction regarding median openings and funding for Highway 380 from Elm Street to Loop 288. Rick Svehla, Deputy City Manager, presented an overview of the t proposed plans. The agreement with TxDOT would ask the City for its lot share of what the right-of-way costs would be for US380 from Loop 288 to Elm Street. TxDOT would acquire the property and do all of the appraisals, contacting the owners and other items associated with the purchase of the property. The process would take approximately 30 months. There would be areas where the City would have to acquire whole businesses and other areas where the City would be paying damages to businesses as portions of those businesses would be taken. When all of the right-of-way was acquired, a six lane divided thoroughfare would be built. As a median divided facility, there would have to be some discussions regarding access. In this section of road there was only one short median with the rest of the facility not median divided. The existing development plan and direction from prior Councils were used to help make the intersection flow as much as possible as well as the entire facility. Mayor Pro Tom Brock asked for an overall time frame for the E project. Svehla replied that assuming all of the right-of-way property was bought in 30 months, the resident office would then begin the design. The design work would go to the District and then to Austin. That process would take approximately 1.ne year. Planning i i X a l' G u City of Denton City Council Minutes r` July 12, 1994 Page 7 Council considered Item {S. 9. The Council considered a motion to reconsider at the July 19, 1994 Council meeting, an ordinance rezoning a 17.9335 acre tract located on the east side of Ruddell Street south of the extension of East Hickory Street from single-family dwelling (SF-7) zoning district to Light Industrial-conditioned (LI(c)I zoning district. Z-94-013 Cott motioned, Miller seconded to reconsider the item. on roll ~Vo e, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "nay +~Perry "aye", and Mayor Castleberry "aye". Motion carried with a b 1 vote. City Manager arrell stated that the item would be on July 19th I agenda for act Council returned to the regular order. 3. The Council receive a report, held a discussion and gave staff direction regarding edian openings and funding for Highway 380 from Elm Street to Loop Be. t,Q y Rick Svehla, Deputy City Mana ar, i7 ted an overview of the A proposed plans. The agreement wl h XDOT would ask the City for its 10= share of what the r t wa oats would be for U9380 from Loop 288 to Elm St:eet.L TXDOT uld acquire the property and do all of the appraisals, contact n he owners and other items associated with the purchase of the property. The process would take approximately 30 months. There would a areas where the City would have to acquire whole businesses and \wa s where the Cit would be paying damages to businessens of those busiynesses would be taken. When all of -of-way was acquire six lane divided thoroughfare ilt. As a median ided facility, there would have discussions regarding access. In this section of road ty one short median with the rest of the facility not ided. T he existing development plan and direction fruncils were used to help make the intersection flow as much as pons le as well as the entire facility. 4 Mayor Pro Tom Brock asked for an overall time frame or the project. ro ert was Svehla replied that assuming all of the right-of-way PP bought in 30 months, the rosident office would then begin he design. The design work would go to the District and then to Austin. That process would take approximately one year. Planning I 1 r x City of Denton City Council Minutes July 12, 1994 Page 8 for the development would take a year and then the contract would be let. It would probably be five years before actual construction. Mayor Pro Tem Brock felt that much communication would be needed with the area businesses. Svehla stated that TxDOT rules indicated that the road would always be operated. A detour might have to be constructed but the road would be open. Council Member Miller asked when the communicating with business ~I owners and homeowners along University would begin. Svehla stated that there had been some meetings already. As the project moved forward, there would be more meetings and more information given to the property owners. Council Member Miller stated that as major changes took place along the route there would be a need for meetings for good communication regarding the project. Council Member Smith asked about the overpass on Highway 380. Svohla replied that it would be widened as well which would affect some of the businesses which were near the current overpass. The City would have to buy right-of-way and pay some Damages in that area. Cott motioned, Perry seconded to move ahead with the project. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "dye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. The council received a report, held a discussion, and ga.•e staff direction concerning the bidding of the City's Flexible a Benefits Program (IRS 125 plan) and marketing of individual insurance products to City emp107ees. Tom Klinck, Director of Human Resources, stated that the flexible benefits program allowed employees to set aside before tax money for reimbursement later for eligible expenses. Neither the employer nor the employee paid social security taxes on that money. There was no cost for the program for dependent health insurance premiums, $3.50 per employee per month for participation in the unreimbursed medical accounts, and the dependent child care account cost $3.50 per employee per month. Last ear $800,000 was set aside by employees which saved the City $60,000 in taxes. The EE f ` i 1 City of Denton City Council Minutes July 12, 1994 Page 8 for the development would take a year and then the contract would be let. It would probably be five years before actual construction. Mayor Pro Tem Brock felt that much communication would be needed with the area businesses. Svehla stated that TxDOT rules indicated that the road would always be operated. A detour might have to be constructed but the road would be open. council mber Miller asked when the communicating with business owners and omeowners along University would begin. Svehla stated at there had been some meetings alreai,y. As the project moved f ward, there would be more meetings and more information given the property owners. Council Member Millerted that as major changes took place along tha route, there wou be a need for meetings for good communication regarding t e project. Council Member Smith asked a out the overpass on Highway 380. Svehla replied that it would be idened as well which would affect some of the businesses which wer near the current overpass. The City would have to buy right-of-wh and pay some damages in that area. i Cott motioned, Perry seconded to move head with the project. On roll vote, Brock "aye", Cott, "aye", ller "aye", Smith "aye", Chew "aye", berry "aye", and Mayor Cabtleberry "aye". Motion carried unanimously. 4. The council received a report, held a discussion, and gave staff direction concerning the bidding of he City's Flexible Benefits Program (IRS 125 Plan) and marke ng of `ndividual J; insurance products to City employees. i Tom Klinck, Director of Human Resources, stated t at the flexible benefits program allowed employees to set aside b ore tax money for reimbursement later for eligible expenses. Neither the employer nor the employee pail social security taxes o that money. There was no cost for the program for dependent heal insurance premiums, $3.50 per employee per month for participa on in the { unreimbureed medical accounts, and the dependent child c re account cost $3.50 per employee per month. Fast year $800,000 was set aside by employees which saved the City $60,000 in taxes. The i C t 1 City of Denton City Council Minutes July 12, 1994 Pane 9 program was due for a three year bid. some companies which marketed individual insurance such as cancer and individual disability, might bid and offer a free administration service in exchange for access to City employees to market their individual insurance products. Free administration might still include some indirect staff time and costs. It was felt that the City's group insurance coverage was adequate and effective and that employees could make choices on individual insurance needs. Staff's recommendation was to bid the flexible benefits program with the stipulation that no individual insurance products could be marketed to employees. The Employee Insurance Committee endorsed the recommendation. It was also recommended that a related benefit communication program be continued. The program was at no cost to the City and provided a personalized statement of benefits to each employee. The statement explained the City's cost for each benefit and provided an option for employees to increase their individual life insurance coverage. With Council's direction the bid schedule would proceed with the specifications being finalized in July, and a selection in August in order to begin the program in January. Council Member Cott asked for the number of people or dollars which had to be guaranteed. Klinck replied that the contract did not stipulate a minimum amount of participants or dollars. Smith motioned, Perry seconded to proceed with the plan, on roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye's, and Mayor Castleberry "aye". Motion carried J unanimously. 5. The Council received a briefing on an improvement project for the Denton Municipal Complex. Betty McKean, Executive Director for Municipal Services and Economic Development, presented the background on the project. In the beginning of the Denton Municipal Complex project, the Woman of Justice was incorporated into the project plans. At one meeting, Chief Jez asked the architect where the Woman of Justice would be placed. The architect replied that no actual Woman of Justice would be in the project but that on the plans, there were symbolic lines for the Woman of Justice. McKean talked with an artist who presented a proposal for a Woman of Justice end the architect agreed to do the back drop design work for no charge. It was now necessary to determine a way to fund the sculpture. Acme Brick igreed to donate the brick and she and Chief Jez went to visit with the Nayor regarding his help to solicit public contributors for the project. The Mayor stated that he would .tike to be the benefactor f . Y Y' Y i t City of Denton City Council Minutes July 12, 1994 Page 9 program was due for a three year bid. Some companies which marketed individual insurance such as cancer and individual disability, might bid and offer a frec :nistration service in exchange for access to City employees to market their individual insurance products. Free administration might still include some indirect staff time and costs. It was felt that the City's group / insurance coverage was adequate and effective and that employees could make choices on individual insurance needs. Staff' recommendation was to bid the flexible benefits program with stipulation that no individual insurance products could be mar ted ~ to employees. The Employee Insurance Committee a dor d the -ecommendation. It was also recommended thaw benefit communication program be continued$ whid. The program was at no cost to the City and provided a personalized statement of efits to each employee. The statement explained the city's cost for ch benefit and provided an option for employees to increase their ividual life insurance coverage. With Council's direction the bid chedule would proceed with the specifications being finalized 1h July, and a selection in August in order to begin the program in Ja ary. Council Member Cott asked for the number of people or dollars which a had to be guarantee Klinck replied that the ntract did not stipulate a minimum amount of participants or dollar Smith motioned, Perry seconder to proceed with the plan. on i roll ~ vote, Brock "a a„ " ' "a e" "aye", y Cott, aye Miller "aye", smith Olaye", Chew hew y , Perry and Mayor CA tleberry "aye". Motion carried 41 unanimously. i \ i S. The Council. received a briefing d an improvement project for the Denton Municipal Complex. Betty McKean, Executive Director for nioipal services and Economic Development, presented the backgro d on the project. In the beginning of the Denton Municipal Coiaplex oject, the Woman of Justice was incorporated into the project; la p la one meeting, E Chief Jez asked the architect where the Koman o Justice would be placed. The architect replied thht no actual man of Justice would be in the project but that on the plans, ther were symbolic lines for the Woman of Justice. McKean talked with n artist who presented a proposal for a Woman of Justice and t e architect ! agreed to do thn back drop design work for nu charge. It was now necessary to determinA a way to fund the sculpture. me Brick agreed to donate the brick and she and Chief Jez went to v sit with the Mayor regarding, help to solicit public contributors or the } ~o k i k s City of Denton City Council Minutes July 12, 1994 Page 10 for the sculpture and associated costs. Paula Collins was the artist who would be working on the project. She presented a rendering of what the sculpture would look like and how it would be placed in the building. The brick would be made the first week in August and would be carved immediately. The sculpture should be ready for the open House of the building. The Council took a short recess. Following the recess, Council Members Smith and Cott and Mayor Pro Tem Brock were absent. 6. The Council received a report and held a discussion regarding the feasibility of constructing a convention center in Denton. Rich Dlugas, Director of Parks and Recreation, stated that the Civic Center was built in 1967 and was primarily a building for recreational, culture and leisure experiences. The Center was currently used for offices for the Parks and Recreation Department which resulted in few places for outside meetings. Renting the facility had become increasingly difficult over the years. A consultant recommended that a comprehensive feasibility study regarding a convention center be done to include what was the market for the facility and rho would use it, what type of facility was required to satisfy demand, who was providing similar facilities that could compete with the proposed facility, what was the best location for the facility, what would be the development cost of the facility, how would the facility be financed, and could such a facility be maximized if it were a joint jurisdictional facility. It was estimated that such a study would cost approximately $30-400000. Council Member Smith and Cott and Mayur Pro Tem Brock returned to 1 the meeting. i Council Member Smith felt that the situation in Denton at the present time with a lack of hotel space and a lack of sufficient public transportatior 'ndicated a serious shortcoming to looking at a large expensive convention center. She felt that other items needed to be in place either at the same time or ahead of time in order to attract conventions to such a center. Council Member Miller felt that such a study would be worthwhile to find out some of the items Council Member Smith mentioned. A study would answer some questions regarding the issue. Mayor Castleberry asked about the feasibility of the Fair being a part of the complex area. The County had done some preliminary discussion on an equestrian canter and a relocation of the i U ~ ~!A Y ry City of Denton City Council Minutes July 12, 1994 Page 10 project. The Mayor stated that he would like to be the benefactor for the sculpture and associated costs. Paula Collins was the artist who would be working on the project, She presented a rendering of what the sculpture would look like and how it would be placed in the building. The brick would be made the first week in August and would be carved immediately. The sculpture should be ready for the open House of the building. i The Council took a short recess. Following the recess, Council embers Smith and Cott and Mayor Pro Tem Brock were absent. 6. he Council received a report and held a discussion regarding the fe ibiiity of constructing a convention center in Denton. Rich Dluga Director of Parks and Recreation, stated that the Civic center as built in 1967 and was primarily a building for recreational, lture and leisure experiences. The Center was n currently used fo offices for the Parks and Recreation Department r { which resulted in ew places for outsides meetings. Renting the f facility had become ncreasingly difficult over the years. A consultant recommende that a comprehensive feasibility stud e f to include what was he market for the facility and who would use it, what type of fact ty was required to satisfy demand, who was providing similar faa itims that could compete with the proposed facility, what was he best location for the facility, what would be the development st of the facility, how would the facility be financed, and could ch a facility be maximized if it were a joint jurisdictional faoill~y, it was estimated that such a study would cost approximately $3 -40,000. i Council Member Smith and Cott and May Pro Tem Brock returned to the meeting. Council Member Smith felt tha41tuation Denton at the present time with a lack of hotel space and a lac of sufficient public transportation indicated a serious shortcom ng to looking at a large expensive convention center. She fel that other items needed to be in place either at the same time o ahead of time in 1 order to attract conventions to such a center. Council member Miller felt that such a study would b worthwhile to find out some of the items Council Member Smith meet \Far A study would answer some questions regarding the issue. Mayor Castleberry asked about the feasibility of the being a discussions onmpanx equ area. cCounty enter han elosome catin lofinthe l i G r f City of Denton City Council Minutes July 12, 1994 Page 11 i Fairgrounds. There would have to be events going on at all times in order to be cost effective. The County might want to be a part of the study. Council Member Cott stated that an equestrian center or amphitheater would be worth a look at the possibility of such a center. i Council Member Chew suggested a study in conjunction with UMT. The ideal situation would be to build a center in conjunction with a hotel. A study would help determine those issues. If correlated correctly, it would be a gre&t plus for Denton. Council Member Perry stated that the same complex might have a performance hall located there. Council Member Brock stated that in some ways, the civic Center had not functioned as was originally planned. WhLn Parks moved out of the office space which was originally intended for meeting rooms, a kitchen might be designed which would enhance the facility for additional rentals. Consensus of the Council was to have staff communicate with the County regarding their plans for possible joint funding and all other possible options for such a center. Council Member Smith suggested speaking with the amphitheater group regarding the project. She agreed with the possibility of making the Civic Center more usable for rentals. Consensus of the Council was to proceed with additional exploration regarding the issue with the County and the universities for possibilities. Council Member Smith asked if a bond election would be needed to build a convention center. City Manager Harrell replied yes. 7. The Council received a report, held a discussion and gave staff direction regarding amending the Subdivision and Land Development Regulations and development fees. (The Planning and zoning commission recommended approval.) Frank Robbins, Executive Director of Planning and Development, stated that this was a substantial amendment to the Subdivision and ost significant changes regulations. one of the m Land Development in the ordinance dealt with streamlining and approval of minor •'1r 4 tiS v r i x t , "r i City of Denton City Council Minutes July 12, 1994 Page 11 Fairgrounds. There would have to be events going on at all times in order to be cost effective. The County might want to be a part of the study. Council Member Cott stated that an equestrian center or amphitheater would be worth a look at the possibility of such a center. Council ember Chew suggested a study in conjunction with UNT. The ideal situ~Akion would be to build a center in conjunction with a hotel. A study would help determine those issues. If correlated correctly, it r70 ld be a great plus for Denton. Council Member Per stated that the same complex might have a performance hall loca ed there. Council Member Brock sta d that in some ways, the Civic Center had not functioned as was on nally planned. When Parks moved out of # the office space which )krigincily intended for meeting rooms, s a kitchen might be designed 'Which would enhance the facility for additional rentals. Consensus of the Council was to ave staff communicate with the County regarding their plans for ossible joint funding and all other possible options for such a c ter. j Council Member Smith suggested speaking ith the amphitheater group 1 regarding the project. She agreed with the possibility of making the Civic Center more usable for rentals. Consensus of the Council was to proceed with fdditional exploration regarding the issue with the County and he universities for possibilities. Council Member Smith asked if a bond election ould be needed to build a convention center. City Manager Harrell replied yes. 1 7. The Council recoivod a report, held a discus on and gave staff direction regarding amending the Subdivisi and Land Development Regulationa and development fees. (The anning and zoning commission recommended approval.) r Frank Robbins, Executive Director of Planning and Dev lcpment, ' stated that this was a substantial amendment to the Subdiv sion and II Land Development regulations, one of the most significant changes in the ordinance dealt with streamlining and approval of minor i .I i i E a ,t , t a City of Denton City Council Minutes July 12, 1994 Page 12 plats by the staff. The proposed change with minor plats would allow the Planning and Zoning Commission to approve minor plats. Variances would still be considered by the Council as was the current procedure. Major preliminary plats were now considered by the Council and it was proposed that they be considered by the Planning and Zoning commission. Major final plats were not considered by the Planning and Zoning commission but would be considered by the Commission per the proposal. A major plat which was less than five acres and with no infrastructure was currently combined into a preliminary and final plat and considered by the Planning and Zoning Commission. This procedure would not change. Council Member Cott felt that in order to achieve what the City wanted to in the ETJ, it was necessary to think in terms of fewer restrictions rather than more. He asked what would be gained by speeding up the process. i Robbins replied that in some cases, six days of time could be saved for the development and consultant fees. In some cases as much as 30 days might be saved. Most plats involved six days and the cost savings from city review and paperwork would be $30. Mayor Castleberry stated that it would be more user friendly. Council Member Perry stated that minor plats were designed in the proposed ordinance to be done by the staff and the rldnning and Zoning Commission. Everything in the Denton Nivelopment Plan applied to minor plats and that meant if the neighborhood did not want a proposal, the 8o% rule would apply. t Robbins replied that the 80% rule would cnly apply in some situations such as variances because of the State law on standards 4 and rules of variances. 4 Council Member Miller asked if variances would come to Council.. Robbins replied corrb"t depending on th+ type of variance as there were two kinds. of Na•.iances. Variances to the requirements to build public iwyrovements would go to Council. A variance to a design standard such as a slope to a street, would still be approved by the Planning and Zoning Commission. The ordinance added criteria for those types of variances. The amending of plats was currently not addressed in the ordinance and was proposed to be considered by the Planning and Zoning Commission. Vacating plats, development of plats and conveyance of plats were also not currently addressed in the ordinance) and were proposed to be considered by the Planning and Zoning Commission. The development plat was a major change adopted by a State legislature provision k I I ~r rie City of Denton City Council Minutes July 12, 1994 Page 12 plats by the staff. The proposed change with minor plats would allow the Planning and Zoning Commission to approve minor plats. Variances would still be considered by the Council as was the f current procedure. Major preliminary plats were now considered by 1` the Council. and it was proposed that they be considered by the Planning and Zoning commission. Major final plats were not ' co sidered by the Planning and Zoning Commission but would w~~h a Commission per the proposal. A major plat which was less than f @@ acres and with no infrastructure was currently combined ' into a pry iminary and final plat and considered by the Planning and Zoning mmission. This procedure would not change. Council Member C tt felt that in order to achieve what the City wanted to in the is J, it was necessary to think in terms of fewer restrictions rathehan more. He asked what would be gained by speeding up the proc s. Robbins replied that in ome cases, six days of time could be saved for the development and c sultant fees. In some cases as much as 30 days might be saved., t plats involved six days and cost savings from city review an paperwork Mayor Castleberry stated that t would be more user friondly. Council Member Perry stated thatiinor plats were designed in the proposed ordinance to be done by he staff and the Planning and Zoning Commission. Everything in the Denton Development Plan applied to minor plats and that mean if the neighborhood did not want a proposal, the 801 rule would a ly. Robbins replied that the 801 rule w uld only apply in some situations such as variances because of t e state law on standards and rules of variances ct~,,{{ Council Member Miller stated t1 t variances ould come to Council. Robbins replied correct depending on the type f variance as there were two kinds of variances. Variances to a requirements to i build public improvements would go to Council. A variance to a design standard such as a slope to a street would still be approved by the Planning and Zoning Commission The ordinance added criteria for those types of variances. The ending of plats was currently not addressed in the ordinance and w3 proposed to be considered by the Planning and Zoning Commission. ar^ting plat, development of plats and conveyance of plats re also not P osed to be seed in the ordinance and were p addre currently S considered by the Planning and Zoning Commission. Th development plat was a major change adopted by a state legislature provision i City of Denton City Council Minutes July 12, 1994 Page 13 and would be necessary for development. No subdivision platting was needed. Council Member Perry stated that amending plats, conveyance of plats, and vacating of plats was not in the ordinance. Robbins ordinance butewere h addressed e in the proposed addressed ordinance andswere enabled by State law. Council Member Perry asked if State law mandated or was permissive in this area. Robbins k developmentpofea single atract rsubdivided prior Another to January 1,s1960, Currently those were required to plat ind a decision was made by the Planning and Zoning Commission or the Council. The proposal a would not require platting. To develop a smaller portion of a } larger tract owned by one individual within the ETJ, currently required a final plat on the tract. More details would be required i for ntialarepl t no ices were inconsistent with the State law and reside the proposal would follow State law. Government initiated vacation to be was currently not addressed in the ordinance but was proposed added.. Another added provision was that utilities could not serve l an unplatted development. The final plat finished floor elevation would be added for buildings in or near the lobondsiand escrows would Pubic improvement guarantees, performance be changed to be in accordance with State law. Single family residential interior sidewalks would not have to be built interior to a subdivision if the cost be placed in an escrow account. $25,000 or less and that money could b Council Member Cott asked for the action if a proposal was denied by the Planning and Zoning Commission. Robbins replied that it could go to Council. the Council Member ZoCott. ningtC mmissionif Counci pplsahadetoddiscussy the planning proposal. Robbins replied no. If an individual did not agree with a provision before a decision had been made or before it was placed on an agenda, he could discusa that provision ith Staff, Council or the city Manager to try and change the provsion. During the After process at a meeting, those issues could be brought up again. the process was completed, Council could investigate. Another issue 1444 , . , 11 i ' 's City of Denton City Council Minutes July 12, 1994 Page 13 and would be necessary for development. No subdivision platting was needed. i Council Member Perry stated that amending plats, conveyance of plats, and vacating of plats was not in the ordinance. Ito ins replied that they were not addressed in the existing ordih"ce but were addressed in the proposed ordinance and were snabled~,b State law. jnc~il Memb Perry asked if State law mandated or permissivere~ Robbins replied t was permissive. Another issue was the development of a si le trait subdivided prior to January 1, 1960. Currently those were equired to plat and a decision was made by the Planning and Zonin Commission or the Council. The proposal would not require platti hq. To develop a smaller portion of a larger tract owned by one ndividual within the ETJ, currently required a final plat on the act. More details would be required for a general development plan on a larger tract. Standards for j residential replat notices were consistent with the State law and the proposal would follow State la Government initiated vacation f was currently not addressed in the o finance but was proposed to be added. Another added provision was t t utilities could not servo j an unplatted development. The final p~t finished floor elevation for buildings in or near the 100 year fT od plain would be added. Pubic improvement guarantees, performance nds and escrows would be changed to be in accordance with Stat law. Single family ~J residential interior sidewalks would nut hav to be built interior to a subdivision if the cost was $25,400 or ess and that money could be placed in an escrow account. } Council Member Cott asked for the action if a pro osal was denied by the Planning and Zoning Commission. Robbins replied that it could go to Council. d'sn44ed Council Member Cott stated that if a propposal were by the Planning and Zoning Commission, Council had to di uss the proposal. \ Robbins replied no. If an individual did not agree Yc,ith a provision before a decision had been made, or before it was placed on an agenda, he could discuss that provision with Staff, Council o process at a r the City Manager to try and change the provision. During the the process was ec mpletthose Issues could be ed, Council could investigatet. Anagain, After other issue was intersection spacing on a local street. The current ordinance f . t Y ~v t City of Denton City Council Minutes July 12, 1994 Page 14 was intersection spacing on a local street. The current ordinance required a 2001 spacing between intersections on a local street. The proposal would allow a spacing of 1001. A chart of current fees versus proposed fees as indicated in Attachment 1 in the agenda back-up materials was presented. Council Member Cott felt that much of the total cost was labor associated with the fees and that all costs needed to be absorbed. Brock motioned, Miller seconded to direct staff to move ahead with the amendments as proposed at this meeting. Mayor Castleberry asked if the motion included moving ahead with the procedure. Mayor Pro Tem Brock and Council Member Miller indicated yes. Council Member Cott felt that there needed to be a way to discuss the decision of the Planning and Zoning Commission. The Planning and Zoning Commission might have one set of objectives and the Counoil have a broader based set on how a project might fit into the development of the City. He felt that there was a need to absorb all costs for fees. He was concerned about a movement into Ray Roberts with no checks and balances. On roll vote, Brock "aye", Cott, "nay", Miller "aye", Smith "sye", !i Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. S. The Council reviewed the proposed 1994-95 rudget hearing schedule and gavo staff direction. } City Manager Harrell presented the expanded schedule for budget ( hearings with the department heads making presentations following the filing of the proposed budget at the end of the month. Staff needed direction on where to hold the budget discussions and ' whether or not to televise them. Consensus of the Council was that the proposed schedule was acceptable. Mayor Pro Tem Brock indicated support to move the budget sessions to the Council Chambers in order to make those sessions as accessible as possible and would like those sessions televised. Council Member Parry asked that an effort be made to have the sessions broadcasted on radio as well if the session were going to be televised. 'f w t, i i city of Denton City Council Minutes July 12, 1994 Page 14 required a 200' spacing between intersections on a local street. The proposal allow would spauing of indicated 100t. A chart of in Attachment 1 current in fees versus proposed fees as in the agenda back-up materials was presented. Council Member t that much associated with the fees and that allocosts needed to be absorbed. Brock motioned, Miller seconded to direct staff to move ahead with the amendments as proposed at this meeting. Mayor Castleberry asked if the motion included moving ahead with the.,procedure. Mayor Pro~Tem Brock aT;d Council Member Miller indicated yes. ll Council Member-Cott f It that there needed to be a way to dis ss the decision of-tti9 P1 nning and Zoning Commission. The Pland nidg%._ „ and Zoning Commission might have one set of objectives and the ¢ Council have a broade basidon how a project might fit into the deve)opment of the City\ He felt that there was a need to absorb all costs for fees. He as concerned about a mol,a4ent into Ray r Roberts with no checks and 'b lances. on roll vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. j 8. The Council reviewed the proposed 1994-95 budget hearing schedule and gave staff direction. City Manager Harrell presented the expand\ chedule for budget hearings with the department heads making presitations following } the filing of the proposed budget at the end of he month. Staff needed direction on where to hold the budget iscussions and whether or not to televise them. Consensus of the Council was that the proposed s edule was acceptable. Mayor Pro Tem Brock indicated support to move the budget s ssions to the Council Chambers in order to make those sessio s as accessible as pousible and would like those sessions televise . Council Member Perry asked that an effort be made to have t e sessions broadcasted on radio as well if the session were going o 1 ba televised. , C r City of Denton City Council Minutes July 12, 1994 Page 15 Consensus of the Council was to televise the sessions. 10. The council considered approval of a resolution in support of the Denton County Courthouse-on-the-Square Sprinkler System Grant application. City Manager Harrell stated that the County came to the City late on Friday to request support of a County grant application. The County would be applying for ISTEA funding for the federal portion of the grant. The resolution only endorsed the effort of the County to sprinkle the Courthouse. The following resolution was considered: NO. R94-031 A RESOLUTION OF THE CITY OF DENTON, TEXAS IN SUPPORT OF THE j DENTON COUNTY COURTHOUSE-ON-THE-SQUARE SPRINKLER SYSTEM GRANT APPLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Chew seconded to resolutin. On approve vote, Brock "aye", Cott, "aye", MilleiV" the Smith "a roll Chew "aye", Perry "aye", and Mayor Castleberry aye". Motionecarried unanimously. i 11. There was no Executive Session held during the Regular 1 Session. ! With no further business, the meeting was adjourned at 9:00 p.m. BOB CASTLEBERRYO MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY OF DENTON, TEXAS t A00001F6 F 'e Y i } y 'e City of Denton City Council Minutes July 12, 1994 Page 15 Consensus of the Council was to televise the sessions. 10. The Council considered approval of a resolution in support of the Denton County Courthouse-on-the-Square Sprinkler System Grant application. City Manager Harrell stated that the County came to the City late on t day to request support of a County grant application. The County uld be applying for ISTEA funding for the federal portion gar zit. The resolution only endorsed the effort of the of theVoa County to splrnkle the Courthouse. The following reso tion was considered: NO. R94-031 A RESOLUTION OF THE C TY OF DENTON, TEXAS IN SUPPORT OF THE DENTON COUNTY COURTHOUS -ON-THE-SQUARE SPRINKLER SYSTEM GRANT APPLICATION; AND PROVIDI FOR AN EFFECTIVE DATE. Miller motioned, Chew seconded to pprove the resolution. On roll vote, Brock "aye", Cott, "aye", M1ler "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castl erry "aye". Motion carried unanimously. 11. There was no Executive Session hokld during the Regular Session. With no further business, the meeting was adj urned at 9:00 p.m. BOB CASTLEBE Y, MAYOR CITY OF DENTON, TEXAS i f JENNIFER WALTERS CITY OF DENTON, TEXAS ACC001F6 \ V 3 r ~COUNCI ♦ Mj ♦ O _ Va! O, G .i i XITY ~ _ CVUNCI • ~r y~ 41 i d C' t < i 3i I HAYES, COFFEY & BERRY 41 424F A PROFESSIONAL CORPORATION r / ATTORNEYS AT LAW • Rk3urd D. Hays Cataeav9k: 106 W. Main St. Den C. Coffey 101 South Locust Suitt 601 Galnmille, Ten 76240 Byron R Berry Denton. Ten 76201 Telephone (117) 6616171 Mark A Burroughs Gregory J. Sawko Fanimik (8) 7) 565-0379 • Board cr?4w roar Board Ft. Scot! Alagood Telephone (817) 317.3511 Of Lerat 30a10imarlm Tdrany L Haertlmg Metro (214) 434.3199 co w orw a Rrndnrmr Tom Dirkksw Rrar FJmr Tar July 9, 1994 E VIA HAND DELIVERY Lloyd Harrell, City Manager City of Denton 215 E. McKinney Denton, Texas 76201 Re: Request for Consultant Professional Services Contract Dear Lloyd: 1 wanted to be sure that next Tuesday's City Council Agenda included the following items: (1) j to take formal action on tho approval of the City's participation in the Competitive Analysis Study; and (2) the appointment by the City Council of four representatives from the City to serve on the committee in charge of selecting the consultant. Thanking for your attention in this matter, 1 am 1 Very truly yours, HAYES, COFFEY,, BERRY, P.C. Richard D. Hayes RDH/tb Enclosures r ' cc: Chuck Carpenter Chamber of Commerce 414 Parkway Denton, Texas 76201 I 1 I -Venda No • apendalte Ohte rV7 THE DENTON CHAMBER OF COMMERCE REQUEST FOR PROPOSALS ECONOMIC DEVELOPMENT: A STUDY OF COMPETTFIVE MARKETING FACTORS I I The Denton Chamber of Commerce, in partnership with the City of Denton, Texas, requests proposals for Economic Development Study of Competitive Marketing Factors. The purpose of the study is to better define the unique oppomnities Denton has for economic development and to identify the marketing factors which Denton may adopt to vigorously and i' successfully compete in the recruitment and exparWon of major commercial and industrial LJ projects. Proposal specifications are to be picked up at the Denton Chamber of Commerce, 414 Parkway, Denton, Texas. Proposals will be received in the Chamber of Commerce office until 1:30 p.m., Ju 22, 1994. For additional information, please contact Charles W. Carpenter. (817) 382-9693. 11,4 .r r,,. t' I.It ~ YI 'y Y J 1 Agenda No Agertdalte Date o• t7 PURPOSE The Denton Chamber of Commerce, in partnership with the City of Denton, Texas, is solicit ng professional consultant proposals for an Economic Development Study of Competitive Marketing Factors. The purpose of the study is to better define the unique opportunities Denton has for economic development and to identify the marketing factors which Denton may adopt to vigorously and successfully compete in the recruitment and expansion of major commercial and industrial projects. The Request for Consultant Professional Services Contract is being issued by the Denton Chamber of Commerce. The contract will also be executed and administered by the Chamber of Commerce, The project manager will be Charles W. Carpenter, President of the Denton Chamber of Commerce. The study will be guided by the following goals: 1. To identify key economic trends; 2. To analyze the marketing and retention programs within Denton, assessing whether these programs are effectively addressing market trends, and their competitiveness; 3. To assess Denton's financial and non-financial incentives, tax and fee structures, utility extension policies, and their competitiveness; i 4. To assess Denton's development plan and process for new and/or expanding major commerciaU'tndustrial projects, the crdira s guiding such projects, and their competitiveness; 5. To provide conclusions and recommendations on policy direction to successfully market Denton as a quality business environment. 6. To present a marketing plan that will position Denton to successfully compete for major commercialAwdustrial projects. t` 2 i i 7 i i 4 I 1 I vindaNo. 9U- Awdafte SCOPE OF SERVICES Dale- _ 0 /y The Chamber and City will provide existing data, reports and other information relevant to the consultant's responsibilities under the contract. The Proposer will describe how he will perform each of the items in the Request for Consultant Professional Services Contract services listed below. 1. Overview of Economic Trends ' Identify key economic trends within the community. • Ascertain the underlying causes of the key economic trends and their longevity. • Forecast future economic trends and their application to the community's economic growth, • Differentiate between the community and other similar cities with respect to uniqueness and specific opportunities Denton may utilize to encourage major commercial/industrial development. I 2. Assessment of Denton's Marketing and Retention Programs j • Assess structure of Denton's economic development effort. • Assess Denton's marketing efforts, and analyze their impact on attracting major comrnercial/industrial projects in comparison to other cities as to their competitiveness for supporting business projects. j ' Assess Denton's business retentiontexpansion efforts, and analyze their impact on retaining/expanding major commercial/industrial projects in comparison to . other cities as to their competitiveness for supporting business projects. Develop strategies and provide recommendations of proper innovative approaches to marketing and business retention efforts to increase Denton's competitive edge. (a) regionally, (b) nationally, and (c) internationally. L; F,T 3 i r t AGendaNo q Agendalte Date 3. Assessment of Denton's Business Development Incentive Programs ~5 d f 17 + Assess each of the financial and non-financial incentives, tax and fee structures, utility and other infrastructure cost-sharing policies, in comparison to other cities as to their competitiveness for supporting business projects. + Develop strategies and provide recommendations of proven innovative approaches to the incentives and other policies to increase Denton's competitive edge (i.e., half cent sales tax, certificates of obligation, tax increment financing). 4. Assessment of Dentcn's Development Plan and Process • Assess Denton's master plan and development plan for major comm^rcial/industrial projects to increase Denton's competitive edge. • Assess Demon's development process and policies for major commercial/industrial projects to increase Denton's competitive edge. + Assess the adequacy of property (i.e., its readiness for development, zoning, land inventory, building inventory, etc. for major commercial/industrial projects). + Assess the attitudes of the community toward development. Determine whether the private and public sectors are aiding development or hindering it by their responses to inquiries by prospective businesses. For instance, land price, responsiveness, attitude of prime site owners creatively working with prospects to close a deal, participation in financing, banking industry's creativity, flexibility and willingness to facilitate project financing, real estate community and its handling and accommodation of prospects, availability of private venture groups to entice industrial prospects with financing. i * Develop strategies and provide recommendations of proven nnovativ approaches to creating a fist-class development plan, process an • Develop strategies and provide recommendations for capital improvements and k policies to increase ~?eaton's competitive edge. 5, Policy Dbvctlon * Summarize those factors found in the items above that may have a positive or negative impact on Deacon's competitive position. 4 a 9 5 ,oendAo L agendalle late * Recommend proven innovative city policies to successfully market Deno 27 a quality business environment. 6. Marketing Plan * Recommend proven innovative approaches for improving the competitive position of Denton and propose a plan for improving the marketing strategy. • Recommend systems, models and tools which Denton can implement to track the success of its economic development efforts and a cost to benefit analysis. 7. Interview/Questions The successful Proposer must be available for interviews and for questions July 25 and 26, 1994. 8. Conduct Study Advisory Group Meetings The successful Proposer will be required to convene and conduct any necessary meetings with appropriate Denton Chamber of Commerce representatives and City of Denton officials to solicit comments to assist in the development of the study. 9. Public Brieflogs/Presentatioas, and Written Reports Public Briefings. P=ntations i k • The successful Proposer will be required to submit a PRELIMINARY REPORT to the CHAMBER and CITY COUNCIL on or before September 16, 1994, and a FINAL REPORT incorporating any necessary changes and to conduct one Briefing/Presentation on the FINAL REPORT to the CHAMBER BOARD and CITY COUNCIL on or about October 12, 1994. The presentation shall be up to two hours in length. The contractor will provide all brieWpremttation materials to include handouts in 8 112' X 11" form. , i, s y? a t y VeWaNo ApeAdall tten Reps file _ 7 ~Z _ e /7 -Preliminary Reports • PRELIMINARY REPORT must include Task Elements #1 through #5 as mentioned above, Fifteen reproducible copies of the PRELIMINARY REPORT shall be presented to the CHAMBER in 8 1/2' X 11" format. -Final Reports • FINAL REPORTS must include Task Elem-nts #1 through #6 as mentioned above. Fifteen reproducible copies of the FINAL REPORT shall be presented to the CHAMBER in a loose-leaf notebook format (81/2" X 11"). All final documents shall be prepared on computer floppy disk(s) in a form that the CIiAMBER and CITY can use; i.e.1BM Compatible. All final documents and computer disks shall be submitted in order to fulfill the requirements of this study. The fatal product and any maps and/or attachments, must be submitted in camera-ready format, suitable for reproduction. I , i f I ~ 6 i e AVdalt Oats 7 SELECTION OF SUCCESSFUL PROPOSAL The consultant professional services contract shall be selected on the basis demonstrated competence and qualifications outlined in the scope of services to be performed at fair and reasonable prices. Contract award is subject to the approval and funding by the Denton Chamber of Commerce. CHAMBER reserves the right to reject any and all proposals. In order to be considered responsive, Proposers are required to provide the following information; 1. Statement of Qualifications of the Firm and any Subcontractors - The firm or firms should demonstrate substantial experience in industrial and development research, particularly in program and policy development. In short, the Proposer must provide evidenct of its ability to carry out a research study of this kind on the scale desired by the CIWIBER. i 2. Statement of Qualifications of Personnel - A statement of qualifications as well as resumes will be required for all personnel who are proposed to carry out the project. The name and title of person who is authorized to represent the firm should be noted. 3. Budget - This will include a budget by task element and subtask element (e.g. estimated cost of each portion of the project) and budget by type of cost of services to be provided by the Proposer (e.g. staff travel, reproduction, telephone, printing, etc.) In no event will the successful firm be paid more than $50,000.00. The primary objective is to enhance Denton's position in the recruitment and expansion of major commercial/industrial projects. Based on achieving the study objective, the Proposer should weigh the budget allocation to Proposcr's perceived importance of each task and subtask. 4. Project Approach -This will include a detailed description of the Proposer's approach to the project, addressing each element oudired tn the motion entitled cope of Services. 5. Project Schedule - This will include, at a minimum, a workplan timetable indicating milestones to ensure completing project within contract terms. 6. Samples of Similar Work - Proposers will include one or two examples of reports from similar projects, and a brief description of each. Also include a list of references for each project. 7. Submission of Proposals - The original and one reproducible copy of the proposal and required information shall be submitted in sealed envelopes marked on the outside with the full name and address of the Proposer and the words "Business Development Study on Competitive Marketing Factors" and submitted on or before the due date to: t r. L , Agenda No AgeWall 4 Denton Chamber of Commerce Date 7 - -12- W-17 414 Parkway Denton, Texas 76201 Phone; (817) 332-9693 8. Selection • The selection of Corsultant will be made by a committee made up of four Chamber Representatives and four City Respresentatives. City Representatives will be appointed by the City Council. { 1 9 r a .c t' w: 1y, ~ 1 a i s' agen0aN0 ~ r~ Aflenda~t~r>Z.~ r l Denton Cbamber of Commerce Dale 414 Parkway 0 / 7 Denton, Teas 76201 Pbone: (817) 382-9693 8. Selection - The selection of Consultant will be made by a committee made up of four Chamber Representatives and four City Respresentatives. City Representatives will be appointed by 'Se City Council. i i i i s i i 8 y1 S f' WdaNO +eeadalla GENERAL GUIDELINES FOR ADMINISTRATIONPrk Administrative Requirements for the Successful Proposer - In the administration of these General Funds, the successful Proposer will be required to: A. Execute a contract with CHAMBER to provide the services called for in this Request for Consultant Professional Services Contract which is substantially similar to Attachment A. B. Comply with all federal, state, city laws and regulations. C. Permit any or all aspects of this project to be subject to audit by CHAMBER. D. Provide sufficient resources to accomplish the required scope of service. i { r. 9 ax ,I i v AgeedaNO q~l~O~Rr Agemfalte ATTACHMENT A Date 7 ~Z' rya{17 CONSULTANT CONTRACT THE STATE OF TEXAS ) COUNTY OF DENTON ) THIS CONTRACT is made and entered into be and between the Denton Chamber of Commerce, a Texas corporation, of Denton County, Texas (hereinafter referred to as "CHAMBER") and _ having principal place of business at (hereinafter referred to as "CONSULTANT"). 1. PURPOSE The purpose of this Contract is to state the terms and conditions under which CONSULTANT will complete a study entitled "Economic Development: A Study of { Competitive Marketing Factors". 2. DESCRIPTION OF SERVICES i CONSULTANT'S services hereunder shall include, but shall not be limiwd to, the E following: A. CONSULTANT shall perform all the services as set forth in CHAMBER'S request for Consultant Professional Services Contract attached hereto as Exhibit "A" and Consultant's proposal of , 19~ attached hereto as Exhibit W, both of which are made a part of this Contract for all purposes; provided, however, should there be any conflict between the terms of the Request For Consultant Professional Services . I Contract, the proposal, and the terms of this Contract, the terms of this Contract shalt be final and binding, and the Request For Consultant Professional Services Contract shall control where it conflicts wits the proposal. B. CONSULTANT shall work closely with the PRESIDENT of the Denton Chamber of Commerce or his designees (hereinafter referred to as "PRESIDENT") and appropriate CITY officials and perform any and all related tasks required by the PRESIDENT in order to fulfill the purposes of this Contract. 1 S 7 i I i NendeNo Agendatlenl42 - W9 7-I -4u ~ C. CONSULTANT shall deliver all data, reports and documents which result from its services to the PRESIDENT in such form as is satisfactory to the PRESIDENT. 3. PERFORMANCE OF SERVICES CONSULTANT and its employees or associates shall perform all the services under this Contract. CONSULTANT represents that all its employees or associates who perform services under this Contract shall be fully qualified and competent to perform the services described in Section 2. 4. TERM The term of the Contract shall begin on July 1994, and end on October 12, 1994. CONSULTANT understands and agrees that time is of the essence. All services, written reports and other data are to be completed and delivered to CHAMBER by the tertniaaluon date unless an extension of time, based upon good reasons presented by CONSULTANT, is approved by the PRESIDENT. 5. PAYMENT FOR SERVICES In consideration of the professional services to be performed by CONSULTANT under the terms of the Contract, CHAMBER shall pay CONSULTANT for services actually performed a fee not to exceed $ . CONSULTANT'S charges for its services are not to exceed similar charges of CONSULTANT for comparable services to other customers. Payments to CONSULTANT shall be in the amount shown by the billings and other documentation submitted and shall be subject to the PRESIDENT'S approval. All services shall be performed to the satisfaction of the PRESIDENT and CHAMBER shall not be liable for any payment under this Contract for services which are unsatisfactory and which I have not been approved by the PRESIDENT. The final payment due hereunder will not be paid until the reports, data, and documents have been received and approved by the s PRESIDENT. 6. CH"fAE IN SERVICES CHAMBER through its PRESIDENT may request, from time to time, changes in the scope or focus of the activities, investigations and studies conducted or to be conducted by CONSULTANT pursuant to this Contrast. Any such change which varies significantly from the scope of services set out in Section 2 and would entail a significant Increase in cost or expense to CONSULTANT shall be mutually agreed upon in advance in writing by CONSULTANT and PRESIDENT. Changes in the scope, which in the opinion of 2 j. I ' ' 1 f. r a 1getOW ageotlaite Date 7"IZ-9U I CONSULTANT and the PRESIDENT would require additional funding by CHAMBER, must first be authorized in advance by the Board of the Chamber. 7. CONFIDENTIAL WORK No reports, information, project evaluation, ,Project designs, data or any other documentation developed by, given to, prepared by or assembled by CONSULTANT under this Contract shall be disclosed or made available to any individual or organization by CONSULTANT without the express prior written approval of the PRESIDENT. S. OWNERSHIP OF DOCUMENTS Upon acceptance or approval by CHAMBER, all reports, information and other data, given to, prepared or assembled by CONSULTANT under this Contract, and any other related documents or items shall become the sole property of CHAMBER and shall be delivered to CHAMBER, without restriction on future use. CONSULTANT may make copies of any and ali documents for its files. By execution of this Contract and in consideration of the fee for services to be paid under the Contract, CONSULTANT hereby conveys, transfers and assigns to CHAMBER all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property right acknowledged by law in the project designs and other project data developed under this I Contract. 9. CONSULTAN'r''S LIABILITY_ Approval of CHAMBER shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT its employees, agents or associates for the of their designs, reports, information, and other documents or accuracy , and competency services nor shall approval be deemed to be she assumption of such responsibility by CHAMBER for any defect, error or omission in the documents prepared by CONSULTANT, its employees, agents or associates. 10. ODEMM CONSULTANT agrees to defend, indemnify and hold CHAMBER, its officers, agents I and employees harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons that may arise out of or be occasioned b this Con S breach of any of the tams or provisions of thr pact, or by any other by CONSULTANT negligent act or omission of CONSULTANT, its officers, agents, associates, employees, or 3 ,J i I 4yandaNo. 2 11~ Agandallef-I 1 Date subconsultani, in the performance of this Contract; except that the indemnity provided for Ln this paragraph shall not apply to any liability resulting from the sole negligence of CHAMBER, its officers, agents, or employees or separate contractors, and in the event of joint and concurrent negligence of both the CONSULTANT and CHAMBER, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 11. RIGHT OF REVIEW AND AUDIT CHAMBER may review any and all of the services performed by CONSULTANT under this Contract. CHAMBER is hereby granted the right to audit, at CHAMBER'S election, all of CONSULTANT'S records and billings relating to the performance of this Contract. CONSULTANT agrees to retain such records for a minimum of three years following completion of this Contract. 12. NONDISCRIMINATION As a condition of this Contract, CONSULTANT covenants that CONSULTANT will take all necessary actions to insure that, in connection with any work under this Contract, CONSULTANT, its associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements. CONSULTANT shall also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12101.12213, as amended. In this regard, CONSULTANT shall keep, retain and safeguard all records J relating to this Contract or work performed hereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of the CHAMBER, upon request, for purposes of evaluating compliance with this and other provisions of the Contract. 13. CONTRACT PERSONAL This 1ror+'ract provides for personal or professional services and the CONSULTANT shall not assign this Contract, in whole or in part, without the prior written consent of CHAMBER. 4 agendaNo _ 2 Agendal lava oats l4. TERMINATION CHAMBER'S PRESIDENT may terminate this Contract upon thirty (30) days written notice to CONSULTANT with the understanding that all services being performed under this Contract shall cease upon the date specified in such notice. CONSULTANT shall invoice CHAMBER for all services completed and shall be compensated in accordance with the terms of this Contract for all services performed by CONSULTANT prior to the date specified in such notice. 15. NOTICO All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail, postage prepaid, at the addresses shown below, unless and until either party is otherwise notified in writing by the other party, at the following addresses. Mailed notices shall be deemed communicated as of five days after mailing. If intended for CHAMBER, to: Chuck Carpenter, President Denton Chamber of Commerce 414 Parkway Denton, Texas 76201 If intended for CONSULTANT, to: 16. INDEPENDENT CONTRACTOR In performing services under Ns Contract, the relationship between CHAMBER and CONSULTANT is that of independent contractor, and CHAMBER and CONSULTANT by the execution of this Contract do not change the independent status of CONSULTANT. CONSULTANT shall exercise independent judgment in performing its duties tinder this Contract and is solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the work is to be penbri :cd. No term or provision of this Contract or act of CONSULTANT in the performance t f this Contract shall be construed as making CONSULTANT the agent, servant or employer of CHAMBER, or making CONSULTANT 5 y V Y gryg6n031160t~~ tb oP17 or any of its employees eligible for the fringe benefits, such as retirement, insurance and worker's compensation, which CHAMFER provides iL employees. 17. VENUE The obligations of the parties to this Couract are performable in Denton County, Texas, and if legal action is necessary to enforce same, exclusive venue shall lie in Denton County, Texas. 18. APPLICABLE LAWS This Contract is made subject to all applicable State and federal laws. 19, GOVERNING LAW This Contract shall be governed by and construed in accordance with the law; and court decisions of the State of Texas. 20. LEGAL CONSTRUCEON In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. 21. COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be . deemed an original and constitute one wd the same instrument. 22. CAPAOn The captions to the various clauses of this Contract are for informational purposes only and shall not alter the substance of the teens and conditions of this Contract. 6 ,y r ,r> ;k r r ; Y f. k t ,0endarNo 4-9 ardaH tai! "7-IZ~Y~ 23. ~t~ccESSORS.A /r~l7 This contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. 24. ENTrRF Af RFEMENT This Contract embodies the complete agreement of the parties heretu, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this Contract, and except as otherwise provided herein car-wt be modified without written agreement of the parties to be attached to and made a part of this Contract. EXECUTED this the day of _ 1994, by CHAMBER, signing by and through its President, duly authorized to execute same by the D9enton•Cha Chamber of Commerce Board of Directors on CONSULTANT, acting through its duly authorized officials. DENTON CHAMBER OF COMMERCE CIIARLES CARPENTER President and General Manager BY a CONSULTANT: BY Authorized Officer ' Type Name ~r t F: Type Title 7 XITX UNCI: ~CO o p, e 4 ~ Vie, • roM t♦ ~ a r ~i r. Y, W ~-d 3 crrYorcFnroa r Texas MUNICIPAL BUILDING i DEN TON, TEXAS 76201 / TELEPHONE (817) 566-8200 MEMORANDUM i TO: Lloyd V. Harrell, City Manager r I FROM: Rick Svehla, Deputy City Manager & Executive Director for Engineering DATE: July 7, 1994 SUBJECT: COUNCIL AGENDA BACK-UP Attached Is a memo from Jerry describing the main median cuts and, concern and comments we have on 380. We are bringing this to the Council to brief them; we want to be certain that they are comfortable with our comments so that we can indicate to the State to move forward, The State has also sent us a contract where we agree to pay $180,000 to acquire the right-of-way based on the Plans; this Is the second Installment for 380. You may recall that several months ago the Council approved $76,000 for the section of 380 from 288 east across the lake. In 1983 we sold bonds to fund this right-of-way expenditure on 380. We have talked to Council about using this fund In the past, and we would propose that we use it now. If the Council approves this design concept we would bring an ordinance approving the $180,000 funding to their July 19, 1994 meeting. Council should be aware that we are taking some property, and closing up some access, for this project. We expect that there will be comments from the landowners; however, for the project to work efficiently as a six lane divided facility, these things must be done. In fact, In the area between Bell and Locust, and out near the railroad overpass, there is the likelihood that entire businesses will have to be purchased. r k' e a gondslNo +gendai we Lloyd V. Harrell, City Manager July 7, 1994 Page 2 If you or the Council have questions or need further information, please call at your convenience. Sincer E Rick Svehla, Deputy City Manager & Executive Director for Engineering RS:ch i {S i y~ AMMONIO Y 4 I k f I CITY 01 DFNTON, TEX/18 MUNICIPAL BUILDING / 2145E. M KlNNEY / DENTON, TEXAS 76201 MEMORANDUM i DATEt July 6, 1994 TOi Rick Svehla, Deputy city manager FROHt Jerry Clark, Director of Engineering 6 Trans SUBJECTi Us 380 from Us 77 to Loop 288 Transportation We reviewed the plans of proposed right-of-way for the above project from the Texas Department of Transportation. This project converts the design section from a 2 lane with continuous left turn lane rural to a six lane urban sec between Bell and Loop 288, The section between Bell and U9 77 is converted from I a 4 lane to a 6 lane section. { 1• At the Elm street intersection, the Jack-In-Box will have to be acquired. j 2• At the intersection of Locust and 380, additional right-of-way required will severely impact businesses on all four corners. The eight distance problem near Hetslers must be corrected which we will convey to TRDOT. 3• On the north side between Bell Avenue and Frame street, the long driveways will be shortened significantly and will become much steeper. 4. At the Crestwood intersection, a median cut would not be allowed because of the proximity to the Ruddell intersection and the low traffic volumes. S. The section located at Ruddell street has several issues of concern. a. On the north side, the entire frontage is laydown curb and will be converted to driveways for the cleaners and service station (7-11). f b. The small hotel on the southwest corner will lose most of it's parking lot which is on state highway. It will be converted to driveways versus iaydown curb. C. The complex that includes the bowling alley and Matsalan restaurant will be converted from laydown curb to driveways. 6• At the intersection of Glenwood and Us 380, we propose I on the west side be eliminated so that it aligns the curb lineatoithe north. c r , a, The service station on the northwest corner will also be converted to driveways. 7• The Intersection of Redwood Place and Us 380 proposes to remove the existing dangerous intersection of Boyd to the west. A crossover will be built midway between Cherokee and US 380. r i 8171668-8200 D/FW METRO 434.2620 . IL ' II i i Agendail US 380 from US 77 to Loop 288 Dale 7- 19-111 ~ page 2 of 2 8. We propose that Shawnee street be converted to a cul-de-sac where it meets Mohican that also eliminates the marginal design for the median opening that does not meet the correct spacing from the Redwood intersection with US 380. 9. Council may wish to consider the cul-de-eacing of Laurelwood street with US 380 due to its close proximity to Nottingham and its low volumes. Access to that location can be obtain by Redwood to Greenwood to Laurelwood. 10. The intersection of Nottingham and US 380 is not shown correctly. We will work to make sure that is updated. Some of the driveways in this area will have to be modified with relation to location, width, and necessity. 11. Driveways to the convenience store and Village East Apartments on the south side of US 380 near old North Road need conversion to proper widths to allow functionality. We also propose elimination of some current access driveways to vacant lots near Old North Road at the intersections at both northwest and southwest corners. Driveway access for maintenance should come off Old North Road in both instances. 12. Where US 380 goes over the Union Pacific Railroad tracks, the current alignment has severe impacts on the south. T%DOT is still looking at moving addJtional 20 foot north so that the negative impacts will be on one side. This will be more affective and allow traffic to work better. Please remember that this area is currently served by the parallel access roads. Wo) will be giving them comments to make sure this access is maintained to better serve the businesses in this area, including Weathertrol, mini warehouses, etc. We are also proposing some joint access driveways for the southwest corner of Loop 288 and US 380. 13. The traffic signals are to be reworked under a separate contract using ISTEA funds. This will convert the existing span wire configuration to -poles. The road capacity necessary to eliminate the major backups we currently experience on westbound US 380 will be eliminated as the roadway is widened to 6 lanes. These are the major concerns we had when we reviewed the plans. We will provide transparencies for the areas of concern at the meeting. Please advise if you need further information or clarification. J r C r AEE0039 ?u i , l' r .J• ti~ ry' ; _ i. LOT ;5 I ! ...~x'°...' _ 1 r I % r...ti t N { s.•, F- ly. LOT t6 He _ Y a, Ir 11 T V e . ` ANDLER f9l • h- t 1t I ;Aff = w ADD I T I ON ? F; t.....». 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S , s i r -COUNCI 4a ar a s `t5 e •y~0 N IS O i ' i r r i D s, *now 1 1 .1 ,1° a~ `,a ~l•6y~ ter''. ~ ~ ~1`S +~ti 1 4k n.: , t • . i y. . , I ~ i Table of Contents !I l~ FLEX Inlroduclion . . 1 Y FLEX AtA Glance .2 f The FLEX Insurance Premium Conyers Ion Account , , , . , , , , . . .5 The FLEX Health Care Reimbursement Account 5 E The FLEX DependenlCare Reimbursement Account...,,,,,,,, 9 The FLEX Tex Advantage 11.1 Reimbursement From Your Heahh Care and Dependent Care Accounts ,17 How To Participate In FLEX FLEX Rules and Limitations FLEX Summary ^ ^ t . r ~ J li ~I J . r 1 1 1 F' A.~ 1, v ~n•l`;il lyr ~J ~ rrf wv~Nni` y~'~ C~c~/;~ry:r F4 fsi~~1 .tP 'trY sF p I i i I FLEX Introduction f FLEX: The Better You Plan, The Mare You Save. It's more than a slogan. FLEX Is a real solution to Through FLEX you Issues facing all of us. Simply stated, by faking save money. M It advantage of lax laws. FLEX works with other benefits to save you money. 3 Your benefit plans are deslgned to help you and your Your beneJrts are family become financially secure as well as to protect comprehensive... you agalnst the high cost of medical care including catastrophic events. But almost everyone has a numberof necessary, ...but some things predictable expenses that are not covered. are not covered. FLEX offers you a unique way to help pay for some FLUX can help. of your Insurance premiums, and heft and 4 r' dependent care expenses not covered by other insurance. ~s This booklet will help you understand FLEX. It covers This bookiet t I Al how FLEX works, the three FLEX accounts, how explains FLEX... FLEX can save you money, FLEX rules, and how you can elect to participate In FLEX. y, 4* Because using FLEX wisely can save you a ...and you can significant amount of money each year, it is make the most of important that you understand how FLEX works FLEX rfyou and how you can make the most of the advantages understand the FL£Xoffers. Plan. ~j ` FLEX: Tri16 effel You Plan, t~ The More You gavel l~ After you read this material, if you have any questions you should feel free to contact your 1 Personnel Office. r A FLEX Fast Fact FLEX rs authorized by Section 125 of the Internal ;n. Revenue Code. rA ~T F.'x 4 19 t . ri e ail • I„. .,I A/. C 4 g.a f FLEX At A Glance } The FLEX Accounts There are actually three accounts in FLEX: FLEX has three f accounts.,. l ; • An Insurance Aremlum Conversion Account ,..one for Insura net E i which lets you pay for your share of certain premiums,... Insurance premiums tax-free; s • A Health Care Reimbursement Account which ...one for health allows you to set aside money tax-free to help pay expenses, and... for expenses not covered by medical insurance; and • A Dependent Care Reimbursement Account which ...one for lets you use tax-free money to help pay for day dependent cane care and other dependent care services that are expenses. necessary In order for you (of, if married, for you and your spouse) to go to work. Eligibility I Any employee who Is eligible to participate In the Many employees ) 1 medical insurance plan will be eligible to participate are eligible for a a + in FLEX. Even Kan employee does not enroll In the FLEX medical Insurance, participation In the t' reimbursement accounts is allowed it the other ,M eligibility requirements are met. rJ k o.., All new employees who meet the eligibility requirements must turn In the election form before benefits become available. y There are some resirklions imposed by the Internal The Dependent °x Revenue Service (IRS) on eligibility for the Care Dependent Care Reimbursement Account. Those Felnrbunrnent restrictions are explalned later. Account has some 4 i eligibility res4rictions.1 How You Use FLEX Relmbursemenl Accounts In short, FLEX lets you set aside tax-free money to reimburse yourself for eligible expenses that you pay f out of your own pocket. s; 2 a rT1P i) iy a - r r ~1 I ,G r l F' r z f ' C Y d 7 h During the election period of each year, you will be You can join FLEX asked it you want 1~ participate in the FLEX during the election reimbursement accounts for the coming plan year. period. First, you should carefully estimate your upcoming You should J'rrat health and dependent care expenses that are eligible estimate your for reimbursement. Later In this booklet are expenses. 1 worksheels to help you estimate your expenses. You might also want to consult a tax adviser to Investigate various alternatives and determine which of your expenses qualify. After that, decide how much money you would like to Then decide how i redirect into the reimbursement accounts. When you much to contribute participate, you designate how much money to set to the E a aside for the Health Care Reimbursement Account reimbursement p and how much for the Dependent Care accounts, i' Reimbursement Account. The money you set aside In e FLEX will be redirected from your paychecks in equal g~f amounts throughout the yaar. trv We say the money Is 'redirected` because it goes Your redirection# t into the account before federal and state income or are made tax-free. x j Social Security taxes are taken out. By doing this, s d you lower your taxable income, and pay less in taxes. z T^ ° When you have eligible health or dependent care When you have an ,g ,ti expenses, you pay them yourself, file a clalm, and expense, you are y~ you will be reimbursed from your account. You can rctmburaed from a' rile for your expenses and your eligible dependents' your account.., expenses. Eligible dependents am those individuals ts,. Mr who can be claimed as dependents for income tax Ty: purposes for Instance, your spouse, your dependentchitdren,oryourdependent parents. In rryt~ rera+~, S most cases, you must fumish more than half of the support for the Individual to have him or her } considered a dependent. ; J y The amount reimbursed Is not subject to taxes. Since ...and the` + that money originally came out of yrour pay before reimbursement is taxes were calculated, the result of FLt X Is that you tax-free. pay for the eligible expense on a tax-free basis. i' Periodically, you will receive a statement showing ;i how much is in your accounts. That way you will always know how much you have spent and how r much is left in the accounts. I 3 y n . t Special FLEX Infern:vlion As you read this booklet and decide how FLEX can help you, there are some very Important points to remember. Because you do not pay taxes on the money you put in, the IRS has placed some restrictions on FLEX. Generally, once you are participating In FLEX, you You can only cannot change your Insurance coverago or the change FLEX F amount of money you redirect until the beginning of participation once, the next plan year. You will be able to change the per year, amounts if you have a change in family status. Changes in family status are described later, ` Another IRS limitation concems the money you Careful planning set Hide In / reimbursement accoum. Any will help you use money you do not use from a reimbursement all the money in account ter expenses Incurred during a plan year the reimbursement will be fodalled. It yyou plan carefuly, you can accounts, avokf being affected by this restriction. so, you will try receive an account statement during each plan year to remind you to use the money In your account, f, FLEX will not affect any of the other group Insurance FLEX does not benefits provided by your employer. affect other group benefits.,. Wise use of FLEX will save you money. ..,acrd it saves you money. x `'.rY<-Sn fir,},°' ff•~Y-'IG l A FLEX Fest Fed: I There are three accounts in FLEX. They help you with insurance premiums, health, vision, dental, and r; dependent care costs. 54 3. 15 f . it 4` Ij r ,I i sS per ~ I j ~ `,F 4 i 1,Y r i • u~ , r I The Insurance Premium Conversion Account f if you enroll In the coverages offered by your employer, your share of qualified premiums will be Premiams will be In FLEX. fi part of FLEX. That is, your Payment will be made tax-free and be subject to the restrktions listed In the ° section on FLEX rules. You do not have to make a special election to use FLEX for qualified premiums. A FLEX Foil Foci: f;; r t i laryea. fey narr.an ce through FLEX, you will sove on a It 1 ~1 The Health Care Reimbursement V Account Even it you are covered by ono or more Insurance FLEX can help plans, you probably have some health care costs you wtrh health can must pay on your own. FLEX can help. You can costs. redirect lax -free money Into your account to reimburse yourself for those expenses. Because you never pay income of Social Security taxes on the money you set aside, you can receive quality heft i care and save money, ~I ~i Y~ I, II iF 5 ,=4 I ~ s y I A rY\{ ~ A'Y f r i 1~~;L. raH' f L 1.r 1 t,{ r r Y tw w Expenses Eligible for Reimbursement There are many health, vision and dental expenses You may be that you pay yourself foryou, your spouse, or reimbursed... dependent$ which are eligible for reimbursement through the account Oualifyiag expanses are health expenses incurred during the plan year which are considered tax for these types,,, s deductible by the IRS, such as: • Deductibles and c0paymeots not pald by insurance. f w. • Amounts In excess at Insurance coverage (Orthodontia, for example); • Routine physical examinations; ...o f servkes. Routing eye examinations, presCfOon glasses, v . 1 and contact lenses; and • Hearing exams and hearing aids. Only expenses which are adequatefy documented will be reimbursed: More information on eligible expenses Is presented later. You can also contact the ` IRS (ask for Publication 502). ma~ Insurance premiums other than those included in the, Insurance Premium Conversion Account are not - eligible for reimbursement through the Health Care Account. A FLEX Fast Fact; thcould beFLEXrelmbureed for prescription sunglasses Yourough . . M ,Y 6 a r)~ r s ti n .y i~" i; A; r f' ry . .1 ~ v. ,rr Fy a i' M'Y w \ r k' e ; v r 6 #i r Estimating Your Expenses + 4 FLEX: The Better You Plan, The More You Save. It is very important that you t use all of the money In your account for a plan year because unused amounts must be forfeited. Good planning and careful estimating is the best way to take full advantage of FLEX. This worksheet will heip you determine the amount of your pay that you could consider redirecting Into the FLEX Health Care Reimbursement Account. You j should conservatively estimate enough to cover your family's allowable health f expenses. When you estimate your expenses PLEASE BE SURE TO IN tUDE EXPENSES FOR YOU, YOUR SPOl1SE, AND YOUR CHILDREN. A list of typical eligible expenses is on the next page. Part of the worksheet shows an example of estimated amounts for a representative employee who parlielpates in FLEX. The y' example assumes an employee who is married and has one child. A Review your family's medical, vision and dental bihs for the last several years and [ estimate your expected expenses for the coming plan year. INCLUDE ONLY THOSE EXPENSES NOT PAID BY INSURANCE. EXAMPLE YOU 1. Medical Deductibles S200 2. Your Share of Medical Copayments 400 C .d 3. Surgical Expenses "a. 4. Prescription Drugs "1 S. Vision Exams, Glasses, Contact tenses 150 r- 6. Outpatient Psychiatric Care 1. Dental lOrthodontfa 450 ~t 8. Physical Examinations ry 9. 01 her Allowable Expenses TOTAL ESTIMATED HEALTH EXPENSES NOT NOT PAID BY INSURANCE 1,200 10.Divlde the total by 121f paid monthly '(see example) 100 r Divide the total by 24 it pall semimonthly Divide the total by 26 if paid biweekly trlpa Divide the tolat by 52 if paid weekly Iy t~ Syr r r!a tJ,k+}.`t,.p F. .i d w .r ~ Eligible Health Came Expenses The following is a list of the types of expenses which maybe eligible for reimbursement, if not otherwise paid by Insurance. If you would like more information, request Publication 502 from the Internal Revenue Service. Acupuncture Guide dog & its upkeep Alcoholism treatment Nearing aids & batteries Ambulance Hospital services Artificial limbs and teeth Insulin ; Birth control pills prescribed Iron lung by a doctor Laboratory fees ' Braces Legal fees to allow treatment of Braille books & magazines mental illness t (to the extent cost exceeds Legal abortion t E prices for regular books & Lip-reading lesson (it deaf) magazines) Mentally retarded, special home for Contact lenses Nurses' expenses & board (if for Cosmetic surgery (medically medical reasons) r necessary) Nursing care (if for medical reasons) f Crutches Nursing home (if for medical reasons) Diathermy Oxygen equipment #j. Examination, physical Prescription drugs and medicines frt:. Eye examination Rental of medical equipment f Eyeglasdses Sanilarlum ' Fags to :tors, hospitals, Speech and hearing therapy etc. for. Stedlizalion Anesthesiologist Support or corrective devices ; Chiropractor Telephone for the deaf Christian Science practitioners Therapy ; Dentist Transplants Dermatologist Transportation expenses for Midwife essential medical care Neurologist Tuition fees (medical charges Obstetrician Included In tuition for schools Ophthalmologist or colleges if separately Optometrist stated on bill) t ,r JJ Orthodontist Vitamins requiring a Osleopath, licensed prescription ' Pediatrician Wheelchair s r Podiatrist Wigs (to cover loss of hair due x, ?rr Practical Nurse to medical reasons) Psychlatrist X-rays Psychoanalyst ! Psychologist (medical care only) Insurance premiums other than those Included In the Insurance Premium Conversion Account are not eligible for reimbursement. ..f E t Tl~': i eeerrr y }d ~f rq 41. '+1 to IJ y 1 I f The Dependent Care Reimbursement Account In general, any dependent care service for which you life a claim must be necessary In order for yqu to work. ii you ere married, the service must he necessary for you and your spouse to both work. Unless this applies to you, you are not eligible to participate In ibis account. Whether A is day care for children, or special care for FLEX can help T disabled people of any age, dependent care is with dependent expensive. FLEX can help. You can redirect tax-tree care costa money Into your account to reimburse yourself for s } out-of•pocket expenses. Now Much You Can Redirect If you are eligible and choose to participate in the Dependent Care Reimbursement Account, the I y amount you put in the account is subject to plan r maximums, The maximums are expressed as limits per calendar year. To determine the minimums and maximums which apply to you, divide the minlmum and maximum by the number of times you are paid each year. The IRS limits the maximum you can put into the You can put in a ' r account to the smallest of thefotlowingamounts per maximum of one family per calendar year. It you and your spouse of these. both participate in a Dependent Care Reimbursement Account, the maximums apply to your combined contributions. Those amounts are: • Your annual taxable income, a • Your spouse's annual taxable Income; • S5,000; • $2,500 If you are married and you and your spouse file separate returns. i For these guidelines, your taxable income is J _ doarmined after reducing your salary tor: • Any optional retirement contributions; • Any Individual lax-sheltered annuity or deferred compensation conlributulons; • NI premiums paid through the FLEX Insurance Premium Conversion Account; and • Contributions to the reimbursement accounts. 19. 9 6 a aw; Ir~ . F !,'a 1 ' r*~ , I11 .,yV. ~rY'1. _ -I 11 A i ~ y ;i A For each month your spouse is a full-time student! he or sha is considered to have an income o1$200 it you have one eligible dependent, or $400 tot more t than one. The limits also Apply 9 your spouse is 15 , mentally or physically disabled. EIIgIItllty Requltsments areoteo For dependent core expenses lobe epgibkfot There reimbursement, you must be working dui inq the time these IRS i r your efrgible dependents are receiving cafe. if you are rill blip entr. r" married, your spouse must be: • Awage-earner, i . A full-time student for at least five months during r a the year, or • Mentally or physicapy disabled and unable to provide care for him or herself. if you are divorced or Nally separated, you may be able to use the FLEX Dependent Care Reimbursement Account to reimburse yourself for expenses, provided you have custody of your children for a longer period of the calendar year than the other parent, and you contribute more than half of the chpd's support. Undercurrent IRS regulations, it you file you maybe you should check 1 eligible to receive a tax credit for dependent care to sea e t if j FLEX or costs. However, you cannot claim the tax credit for the Tax Credit to R any dependant care expanses paid from the FLEX better for you. Dependent Cara Reimbursement Account. You should corrsuit a tax specialist to help you determine whether FLEX, the tax credit, or a combination would be best for your particular situation. Also you may r receive inlormation from the IRS (ask tot 44 Publication 503). t45 1 i' 10 , .1 d, t 1~ t . n, 1 r j ~ t r ,~M1r EE. 1 It NT h 4.F S F r is 1 d Expenses Eligible for Reimbursement In general, if you meet the eligibility requirements, You can use you maybe able to use the money in your FLEX FLEX... Dependent Care Reimbursement Account to pay yourself back for out-of-pocket expenses for the care ol. • Your child(ren) under age 13 whom you claim as .,.for theme • a dependent for tax purposes; or dependents... Spouses and dependents of any age (who normally spend at least eight hours in your home each day'd the services are rendered outside the home) who are mentally or physically disabled. a'c These expenses include charges for such things as: ...and these types of *r expenses. a • Licensed nursery school and day care centers for children; • Licensed day care centers for disabled de endents; and have the responsibility of o for your eligible dependents, either Inside or outside your home. If outside your borne, generally the provider must meet all licensing requirements. IRS regulations do notallow reimbursement forsuch But you cannot ate expenses as: FLEX for these r expenses. • Days you are not working Including sick brave, r vacation days, or breaks In service or days when you do not meet the eligibility requirements; • Care provided by your children who are under the age of 19 or by anyone you claim as a dependent ;s for federal income laxpufposes; ` • Transportation, education, clothing, or entertainment; and • Babysitting for social events. ti ti 7. ~ n \ 1 k` r S p A Espenses Eligible log Reimbursement YOU can use In general, if you meet the eligibility requirements, you may be able to use the money in your FLEX FLEX... Dependent Care Reimbursement Account to pay yourself back for Out-of-pocket expenses for the care ol: • Your child(ren) underage 13 whom you claim as depende is a dependent for tax purposes; or r . Spouses and dependents of any age (who 3 normally spend at least eight hours to your home ti each day it the services are rendered outside the u home) who are mentalty or physically disabled. st These expenses Include charges for such things as: exFens acre types of • Licensed nursery school and day care centers for children; • Licensed day care centers for disabled dependenW and . Individuals who have the responsibility of providing care for your eligible dependents, either all inside or home, generally the the provider must meet all licensing requirements. IRS regutarms do not allow reimbursement for such FBut you LEX for Cannot Use expenses as. expenses. • Days you are not working Including sick leave, vacation days, or breaks in service or days when you do not meet the eligibility requirements; • care provided by your children who are under the age of 190t by anyone you claim is a dependent for federal income tax purposes; ; +l . Transportation, education, clothing, or entertainment; and SIP . Babysdting for social events. it V` A a,~ t 11 S ~ •p y'. i 9ytla{ i f _ J I t Only expenses which are adequately documented will be reimbursed. I Food and education will be covered if provided by the E nursery school or day care center as part of its preschool care services. Food and education expenses are not covered for first grade or higher. S; ! ? The IRS requlret the reporting of the Teapoyer Identification Number or Social Security Number, ` Name, end Address of IM dependent core provider wlth each request for reimbursement. A FLEX Fast Fitt: t< FLEX can help you cope with the high cost of quality day x1 yl cane. yY r, 1 t , y~ J 4 1)j t ~ Y : tI~ 1 N Cc -r. o Y r h Estimating Your Expenses I FLEX: The Setter You Plan, The More You gave. It Is very Important that you use All of the money In your account for a plan year because any unused amounts must be forfeited, Good planning and careful estimating is the best way to take full advantage of FLEX. This worksheet will help you estimate theanrouni that you could consider redirecting Into the FLEX Dependent Care Reimbursement Account. Part of the worksheel shows an example of estimated amounts for a representative employee who participates in FLEX. The example assumes an I employee who is married and has one child. Review your records for the last few months and estimate your expected expenses for the next plan year: EXAMPLE YOU I 1. Child Day Care Expenses $2 ,400 2. Pre-school Expenses N 3. Summer Day Camp Expenses 1; r 4. Adult Day Care Expenses ? S. Other Eligible Expenses p TOTAL ESTIMATED DEPENDENT CARE 2,400 EXPENSES 6r Divide the local by 12 if paid monthly (see example) Divide the total by 24 if paid semimonthly 200 Divide the total by 26 if paid biweekly Divide the total by 52 if paid weekly This is the amount yo4r could consider contributing per paycheck to FLEX's Dependent Care Reimbursement Account. Remember, it you participate, the maximum you can contribute is the smallest of: Your annual taxable pay divided by the number of times you are paid per year. Your spouse's annual taxable pay divided by the number of times you are paid per year; 1 $5,000 divided by the number of times you are paid per year; t! $2,500 It you are marrlad and you and your spouse file separate relums divided by the number of times you are paid per year. %I 13 R' +1 i ' The FLEX Tax Advantage By using FLEX to help y^u pay for insurance, health Nerve are tax saving ; care, and dependent care, you may take home more examples. ; r. of your pay. Two examples will Illustrate how this l a works. 1 Example tip` ? Carol Is married and has two children. Both she and A family earning 1 ' her husband work, and their combined annual =40,000... s> Income is 140,000 (Carol gams $25.000). Afters carefully estimating their expenses, Carol and her husband contribute these amounts to FLEX: • Insurance Premium Cenversion $2,550 ...with these i redirvetions... • Health Care Reimbursement 1,000 • Dependent Care Reimbursement 4,200 x Total in FLEX $7,750 Here's how FLEX would affect Carol's taxes and net pay. The examples are based on 1989 federal Income tax and the standard deduction. MMtyVr i.:WF V, ~14.; t> [ r4 1 1 f Cj 14 i a 44 f r I ,f i With Without FLEX FLEX Annual Income $40,000 $40,000 ...could save... j Pretax Premiums - 2,550 ' Health Care Account - 1,000 Dependent Care Account 4,200 E Adjusted Gross Income $32,250 $40,000 riE Estimated Social Security Tax - 2,422 -3,004 ,F Estimated Federal Income Tax -2,857 3,180' f, After-Tax Premiums 2,550 After-Tax Health Expenses 1,000 After-Tax Dependent Care `r Expenses -4,200 ii Net Pay $26,471 $206,066 TAX SAVINGS WITH FLEX $9G8 <4 'This estimate includes a tax credit for dependent s . care By taking expenses. x advantage of FLEX, Carot pays $905 less in ...;805 per year taxes, eclrA ALEX. ~kr i r 15 V.,;,i ttII r t 4 4 I f ~r,1 1 ~ a. y Example 2 r; Bill is a single father with one child. He earns A single parnni ' $18,000 per year. He works out his eligible expenses earning sm,ooo,.. ' like this: • Insurance Premium Conversion S 900r s Health Care Reimbursement 400 ...with there • Dependent Care Reimbursement 0 iedirecrions... r' Total in FLEX $1,300 Although Bill 'I L.' estimates he vn l have $2,400 in dependent care expenses, he decides he would be better off using the federal dependent care lax credit instead of FLEX. So, he chooses not to participate in j°' this account. the same assumptions as in Carors t example are used, With Without FLEX FLEX Annuallncome $18,000 $18,000 ...could rare... Pretax Premiums 900 Heath Care Account -400 Dependent Care Account Adjusted Gross Income $16,700 $18,000 Estimated Social Security Tax - 1,254 - 1,352 Estimated Federal Income Tax -816, • 1,011' After-Tax Premiums 900 3 After-Tax Health Expenses -400 After-Tax Dependent Care h Expenses • 2,400 • 2,400 3 Net Pay V2,230 511,9311 TAX SAVIN83 WITH FLEX $293 'These estimates includes a tax credit for dependent care expenses, Here, Bill saves $295 a year, just by using fLEX, ...$298 per year With FLEX, These examples are for illustration only. Your actual 4 tax savings depend on such things as your Income, number of deductions, etc. You should consult a tax p adviser to see how FLEX can bent lit you personalty. , t 16~ ":~~r Nr~V J r_i, rJ ~ ~~!'4,~ ~r ~f a• r S ~~i.~ p~~ IC~ A It A FLEX Fast FacC { You do not pay Income or Social Security taxes on the {f money you redirnet Into FLEX. Reimbursement From Your Health Care Account and Dependent Care Account f To receive reimbursement for eligible expenses from To rocelne II you fill out a reimbursement claim form, reimbursement, t- provide proof of payment, and send it to the 1710 a claim. administrator, The address where you send the claim is printed on the form. Remember, the IRS requires the reporting of the r Taxpayer Identification Number or Social Security Number, Name, and Address of the dependent care provider with each request for Dependent Care reimbursement. k Reimbursements will be processed each week. It Claims will be t there is money available in the account, you should processed weekly. be able to receive reimbursement shortly after you submit your claim. The minimum check amount on a reimbursement is The minimum $25 for either account. If you have eligible expenses check amount for less than $25, hold on to your exponses untif they Is $P5. . total more than $25 and submit them together. 5o that you can use all of the money that is in your The minimum is accounts, the $25 minimum will be waived at the and waloed at the end of the plan year for exppenses Incurred during the of each plan year. i plan year. (For example if you incur a $45 efipibk 4; F' expense during the last month of the plan year, you may request reimbursement anytime prior to the and C of the 00 day grace period) Even d you had no other eligible expenses, the FLEX minimum would be waived and you would receive the $15 reimbursement. 17 a Yl. y . 1 N N s t If you sub eft a oeppndent care claim for more than Claims trill be is currently in your i:count, a partial reimbursement paid bared on shat (up to the amount yo i have In your account) will be is in )rour account. made. Then, as more t:toney goes Into your account, you will continue to be reimbursed (subject to the 1 'r 525 minimum) until the entire eligib a expense Is i covered. The benefits payable under the Health Care Account are based on your anticipated plan year j contributions. If you terminate employment during the year, or if Claims can still ` you retire, any expense you incurred while employed be flied if you is still reimbursable. You may file claims against terminate your FLEX reimbursement accounts through the 90 employment. day grace period following the plan year in which you left. Your dependents may continue to submit claims for that year if you die. A FLEX Fail Fact: Reimbursement claims can be filed through the 90 day grace period following the end of the plan year. f` How To Participate in FLEX o; A0 premiums forthe insurance coverage listed in If eligible, your the section on the Insurance Premium Conversion insurance Account will be part of FLEX. You do not have to premiums are enroll In FLEX to have these premiums paid in FLEX... before taxes. If you elect to participate in either of the FLEX ...but you need to reimbursement accounts, you must fill out an complete a form for election l change form and turn it in to your the retmbureement sy employer before the plan effective dale. accounts. t; 11 you are a new employee and meet the eligibility requirements, you can enron in FLEX within 30 days 3 of your employment date. You must make your FLEX t election at the same time you enroll in your other i benefits. t . ~A E A FLEX Fail Fast: i Nety employees have 30 days from their employment date k to turn in an election 1 change form. , 18 ~J1fi. t R f FLEX Rules And Limitations i Etlect at FLEX On Other Benefits Benefits such as life insurance and disability Other group coverage will continue to be based on your pay insurance benefit before any amount is redirected Into FLEX. are not affected by } FLEX. Because you do not pay Social Security taxes on Your eventual i our FLEX redirection, your eventual Social Security Social Security benefits at retirement or disability may be reduced. benefit may be I Any reduction will depend on the length of time reduced... between now and when you retire (or become disabled) and whether or not your taxable income j exceeds the Social Security maximum wage level. I For most employees, the advantages of using the ...bar your tax r money tax-freewill probably outweigh any potential savings should i reduction in Social Security benefits in the future. be greater. When Coverage Ends As long as you are an employee and enrolled in any These are the of the Insurance coverages listed in the section on conditions j the insurance Premium Conversion Account, your _ .r" share of premiums will beinctuded in FLEX. This i means you will always be saving saxes on the_, 4 .T premiums. ' Your coverage under either or both of the ...under which... reimbursement accounts ends when you choose not to participate for a plan year. Also, your redirections to the reimbursement accounts em wfan: ...your FLEX • You are no longer aneliigibleemployee; f participation I ( • You terminate employment could end. • You retire; or • The plan is terminated, In each of these cases, claims for expenses Incurred while you were covered under the plan can continue to be submitted until the end of the 90 day grace 1 period following the end of the plan year. F 19 yti S•. SPIT -.v p r f; 1 What Expenses Are Not Covered In addition to Some of the IRS restrictions listed in The IRS has l,. the section on the FLEX Dependent Care placed... Relrr bursment Account, there are some general rules about expenses that are not eligible for reimbursement. Expenses that are not covered under FLEX Include:' • Expenses claimed as a deduction or credit for ...these k federal income tax purposes; restrictions... M • Expenses reimbursed under any policy or plan, including Medicare or other federal programs;.'' • Expenses The IRS would not permit to be claimed ...on eligible for federal Income tax purposes. expenses..: To be exigible for reimbursement, the expense must be incurred while you are covered under the plan. For FLEX, an expense will be incurred when the service is rendered regardless of when ii is paid for you should remember this when you estimate your expenses. The money in your Health Care Reimbursement You cannot Account can only be used for health care expenses. transfer maney Likewise, the money in your OependenlCare behccenaccounts. t Reimbursement Account can only be used for dependent care expenses. You cannot transfer money between accounts. ,,,,w,a„dua"a•~°"' i Changing Your FLEX Election` Because FLEX allows you to save money on your taxes, the IRS has placed some restrictions on participation in plans like FLEX You will not be able to change or suspend your participation In FLEX throughout the year unless you undergo a charge in family status. Changes In family status are things such as: • Marriage; 0 • Gaining a dependent; rw • Divorce or legal separation; • Losing a dependent; • Termination at commencement of your spouse's employment T ` • Change in you or your spouse's eligibility for t p coverage due to a change in employment 20 p i, ' a 1 }"e v„ y fi i } If you have a change in family status and need to alter your FLEX participation, you should fill out and submit another election J change form within 30 i days of the change. The change must be consistent 'I with your change In family status. For example, you i could not change to a lesser plan of coverage j because you gained a dependent. + You can change your participaran each election You can change period. each election period, Using Your Reimbursement Account , a: Because of IRS regulations, inhere is any money left Any unused money in either or both of your reimbursement accounts at left in your account r; the end of a plan year, that money will be forfeited. will be forfeited. F Without exception, you will not be able to receive any unused balance left in an account or carry it forward G to the next year. However, you will have 90 days following the end of You can file claims ,w the plan year to file forexpenses for services beyond the end of rendered during the plan year. the plan year. A FLEX Fast Fact: Estimating your expenses conservatively will help you j 3. avoid losing money from your reimbursement accounts. I i FLEX Summary You now have a unique and efficient way of saving FLEX can help you money on taxes. Through convenient payroll save money. redirection, you can save taxes on money for premiums, health care, and dependent care. In addAion, through proper planning, you can be better . / prepared for the predictable health care and dependent rare expenses that affect you. FLEX: The Better You Plan, The Mom You Save. A FLEX Fat Fact You must enroll in the reimbursement accounts before the plan effective date to participate during the plan year. 21 ~ i a4' 'i. ^t. i PI~ About This Material FLEX is offered based on your employer's present understanding of federal and i stale legislation. My changes in legislation or regulalions could result in changes f to FLEX. While your employer Intends to continue FLEX indefinitely, FLEX maybe amended ,t or discontinued at any time. This booklet describes FLEX in general terms. It ' the content of this descrfption and the plan documan should are entoo N any point is nMatween I, cover, e plan document terms upon rplan document wIn govern in an cases. You may review th f 0.' r'. a; s, r 22 I i d;( rf + 'i*'%~'3,~~ r~~S 4~ °~t~a~ ~~j ~r,~ ~ ~C r.F ~ ~ ~ f~a Rai ~t~~~ 5~ ~ t~L~ eZ~ C a 4~~ l i i r 1 h 1j 1s is AY I ^~r r Acordia ('orpuralc Benefit, Inc. ~y P i 5 J U J a. /~.,s ~e r t ~y i 1 !~'Plr+f~i'~~~4'k 7i ) 'yh} i d ~ . yr •'a. •i. ~r SRS ~x 1 r Y AQb~drlNo f~ -0 Agftlt 1-42 " / ZZ DATE: July 12, 1994 CITY COUN04 BEE-RR TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Flexible Benefits Program Bid and Marketing Individual Insurance Products to Employees ti RECOMMENDATIQINS: It is the staff's recommendation that the City Council authorize staff to bid the administration of the Flexible Benefits Program (IRS 125 Plan) with a bid stipulation that no individual insurance products, such as health, long-term disability, cancer, replacement income, etc. may be marketed to employees as a part of the bidder's program in exchange for "free" administration services. This issue has been E discussed with the Employee Insurance Committee (EIC) and the members recommend the position by staff. SUMMARY• The current practice of bidding the administration of the Flexible Benefits Program (IRS 125 Plan) (Attachment 1) is i with a bid stipulation that no individual insurance products, such as health, long-term disability, cancer, replacement ! income, etc. may be marketed to employees as a part of the I i bidder's program in exchange for "free" administration services. The Employee Insurance Committee has recommended that the potential for employees to be mislead and purchase duplicate and unnecessary insurance makes marketing these types of products inappropriate. In addition, the "free" administration is a misnomer since there would still be a number of direct and indirect costs to the City in the internal administration required. f The Employee Insurance Committee has further reviewed the current program of providing employees with a periodic statement of benefits in order to enhance communication of benefits (see Attachment 2). Committee members recognize the value of providing communication to employees to explain tree City costs on behalf of 're employee for benefits. This is ! an otherwise expensive service, and it is recommended by the t EIC that the program be provided through a company that may offer individual insurance products (i.e., life insurance). Because in this case, life insurance is an expressed need of employees and there are approximately 350 current participants in the program, it is endorsed by the Employee Insurance Committee. 5 1 {I i c a . 0 r a ~ f agendaNo 9 Agandalt Me July 12, 1994 City Council Report - Flexible Benefits Program Bid Page 2 $ACKGRUUN;II The last time the City's Flexible Benefits Program was bid, two companies proposed to provide administration services without cost if the City allowed the company to market their individual insurance products to employees. This option was specifically excluded as part of the bid specification. The reasoning behind restricting access to employees for the purposes of marketing individual insurance products is as follows: 1. The City provides employees with an adequate, effective benefit package including group coverage for health insurance, life insurance, and disability insurance. The group health insurance plan is designed to cover major and routine medical care including hospitalization, most medical procedures (cancer, etc.) for the employee and family members (should the employee choose to pay the additional group premium for dependents). There are shared costs for this coverage (co-pays, deductibles, out-of-pocket maximum limits, etc.) by the employee to help keep pro,miums tower, The group disability insurance program covers a portion of lost wages because of a potential accident or injury of the employee. There are standard limits of coverage and waiting periods before insurance coverage begins. The group life insurance program provides one times the annual salary for most employees. Thus, the staff evaluation is that the City j provides reasonably adequate and proper coverages for many of the individual products being offered by these companies. If the employee chooses to add individual insurance coverage for his or her specific needs, that can be obtained privately. { The one exception to the overall adequacy of coverage that i the City provides is the level of coverage for life ; j insurance. 4 2. The staff concern is that companies marketing these products can draw unneeded attention to an insurance coverage i that the employee may or may not actually "need". In some cases, the sales approach is to focus on the fear aspect to build the need in the employee's mind (for example, the fear i of :ancer). Statistically, there is less chance that an employee or dependent would collect much from one of these insurance products. While some employees or their family members could have an accident or develop cancer or suffer a peril covered by one of these insurance policies, there is a greater likelihood they would not or, if they did, they would ' already be reasonably covered by the present group coverage provided by the City. % ti ~pend~No.... Z 4pendait Oats July 12, 1994 City Council Report - Flexible Benefits Program Bid Page 3 3. The companies represent that their access to employees to offer insurance would be in exchange for a free service. By staff estimation, there are internal, indirect costs associated with setting up and maintaining a payroll deduction for employees to pay the premiums associated with individual insurance products. Thus, these services are not provided free, but rather, the City would be required to devote staff and other costs (computer time, staff and phone expenses to answer employee and dependent questions, copy costs, FAX or mailing costs, etc.) 4. The one exception to these general issues above are that employees have expressed interest in adding to their life insurance coverage. As a means to assist employees in meeting this need for additional life insurance and to find creative ways to enhance communication of benefits to employees, the City sponsors a program on benefit communication, generally on a biannual schedule. In 1988, the City recognized the importance of communicating benefit information to employees and the City's costs of providing a benefit package for employees as part of the overall compensation package. Providing a statement for employees that outlines these issues can be effective in helping employees "see" beyond the gross and net pay on their payroll check stub each two weeks. However, the cost of such a communication tool and training service can be significant- 330,000 to $50,000 for an employee workforce our size. Thus, f the City entered into an agreement with Businesemen's Assurance Company (BHA) to provide this service. The program provides each employee with an individualized, personalized booklet detailing the City benefits (Group Health Insurance, Group Life Insurance, Group Long-term Disability, Social Security, etc.) and the cost to the City for each of these benefits for that particular employee. The booklet also provides financial information to the employee, the City's costs, a comprehensive benefit statement and healthy lifestyle recommendations. In exchange for this benefit improvement and service for the City and employees, the employee receives information on how to increase their life insurance coverage through a BHA program. This is a completely voluntary program for the employee. Over the last several years we have been offering the combined benefit: statement communication and life insurance to employees, the employee participation has increased from 85 to approximately 350 participants. iC While this BHA program may appear similar to a program offered by other companies to offer insurance products in .I f!, s agepdeNo Z2 AgendiN Oete_ T July 12, 1994 City Council Report - Flexible Benefits Program Bid Page 4 exchange for the free administration of our Flexible Benefits Program (IRS 125 Plan), there are some important differences. 1. The marketing of individual health, disability, cancer, replacement income, etc. insurance policies is, in the staff's judgement, duplication of coverage already adequately provided for employees through the group health and long-term disability insurance programs. 2. There has been an expressed interest by employees in increasing life insurance coverage. Thus, there is the narrow defined need generated by employees vs. a need being "created" in the minds of the employees by presenters of several insurance products for coverages the employee is less likely to use. 3. The service provided enhances employee benefit communication to the employee, fosters a recognition and appreciation by the employee for the dollars spent by the City on the 3mpioyee's behalf, and requires little internal staff time to complete and administer the program. This entire issue has been discussed in-depth with the Employee Insurance Committee and the Committee members concur with the recommendations being provided to City Council. It is the staff's recommendation that the City Council authorize the staff to proceed with the current practice of bidding the administration of the Flexible Benefits Program (IRS 125 Plan) with the bid stipulation that no individual insurance products, such as health, long-term disability, cancer, replacement income, etc. may be marketed to employees as a part of the bidder's program in exchange for "free" administration aervices. It is also the staff's recommendation that the City Council authorize the staff to continue the current program of _ providing employees with a periodic statement of benefits in order to enhance communication of benefits and the cost the City pays on behalf of the employee. This service may be provided through a company that may offer individual insurance products, if in the judgement of staff, the insurance product represents an expressed need by the employee, is endorsed by the Employee Insurance Committee, and is appropriately presented to the employee. i% ~ RZ W . , r agendaNo~_e~-~ ApendalMm~a~ Dale July 12, 1994 City council Report - Flexible Benefits Program Bid Page 5 PgQG1 AMS• D ART Eye 0_R OROUPS &F E~TfD-L The Flexible Benefits Program is available on a voluntary participation basis to all regular full-time employees in all departments. The Employee Benefit Statement and Communication program is also offered on a voluntary participation basis to all regular full-time employees in all department. fI5 IMPACT;. ; The Flexible Benefits Program costs the City approximately $7,300 per year to administer. However, the City saves approximately $50,000 per year in FICA taxes and employees save approximately $200,000 per year in income tax payments. The Employee Benefit Statement and Communication program requires some internal staff time to administer (coordination of meetings with employees, setting up payroll deductions, etc.). However, the benefits in enhanced understanding and j use of benefits as well as the impact on improved morale far outweigh these costs. Respe fully Sub tted: Lloyd V. Harrell City Manager Prepared B E Thomas inck Director of Human Resources G AApd :K n T Executive Director - MSED i F `i CCRArlfd.tM !/!i/!1 t i w, f"1:kM a -t P 1 C F i Agra aNo A~endaH Date. _i i Attachment i Flexible Benefits Program Booklet P ic k t y ^ i 5 r , ~ of i i x t ~y i 1, ' tFt l i 19endaNo Agendalt T ate 7 ~J i Attachment 2 Sample Employee Benefit Communication k Booklet f G E I; P 151 r} .f 1' 1 min wdNi. lI-0Z2 endaItern (e l-r I i i , i 16i i L~ CITY OF DENTON "Dedicated To Quality service" Y 8 Apendall , O~te y'~ 2 9a~ZZ Your Personal Benefits as of: 1-1-90 As an employee, you are one of our most valuable assets. 'That's why we make every effort to provide compensation, benefits and personnel policies that contribute to your personal security and well-being. While your paycheck provides your primary earnings, company participation in your employee benefits serves as a "second paycheck". So it's important that you understand what these benefits pr(Mde for you and your family. This booklet is designed to summarize your personal benefit program. We encourage you to read it carefully, share the infor -nation with your family and then keep it in a safe place with your other valuable papers. St )uld you have further questions about these benefits, please contact the personnel depwme-it. I Q Denton i ~ I I i I , j 1 Y •g' 2 . t, t.. t / aq~ndaNo. '~~Z agendaltam ' / 2 ZOO Dais ZZ 10 GOVERNMENT BENEFITS SOCIAL SECURITY Retirement Benefits Normal retirement is age 65. You can retire at age 62 if you are fully insured. Monthly income is based on your average salary. If other family members are eligible for benefits, the total income you receive is subject to a Maximum Family Benefit. Disability Benefits { Benefits may be provided after five months if you are so severely disabled, mentally or physically, that you cannot perform any substantial gainful work. The disability must be expected to last at least 12 months or result in death. The amount of income is based on your average monthly earnings along with the number and age of your dependents. The total benefits payable are subject to a Maximum Family Benefit. i Survivor Benefits Lump Sum Death Benefits Paid to eligible spouse or child - $255.00 Monthly Income: The amount of income is based on your average indexed monthly earnings along with the number and age of your dependents. The total benefits payable are E subject to a Maximum Family Benefit. Medicare Benefits ! Medicare becomes available at age 65, whether you are retired or still working. It is also available after you have received disability benefits for two years, or if you have chronic renal (kidney) disease, requiring dialysis or kidney transplant. Medicare is a two-part program: Part A Hospital Insuran e: Pays certain hospital and related benefits Part B Supplementary Medical Insurance: Pays for most of your doctor's bills and certain other services. yt t i ^ , f i r ~pendaNa Qu ( Apendalt Oste.._ ~ / SOCIAL SECURITY WHAT IS THE PURPOSE OF SOCIAL SECURITY, AND HOW DOES IT WORK FOR YOU? A specified percentage of your salary is withheld from your paycheck and paid into Social Security. Your employer pays an equal amount, although you receive all the benefits. Social Security is a government sponsored insurance program designed to help defer economic instability when the "breadwinner" for a family is unable to provide an income. This program covers three specific situations; retirement, disability, and death. The Social Security program specifies the members of your family who are eligible to receive benefits, as well as the amount of the benefits that are payable. Eligibility for benefits is dependent upon whether a person is or could be supporting himself. For example, the spouse of a deceased worker is eligible to receive benefits if she/he is either (1) caring for an eligible cbild, (2) is age 60 or older, or (3) disabled. The contributions that you have made to Social Security during your working years, as well as the number of your eligible dependents, will determine the benefit amount to which you and your dependents will be entitled. For purposes of calculating your benefit amount, an average indexed monthly earnings figure is necessary. Because records of your entire earnings history were not available, this earnings figure could not be calculated. Therefore, benefits shown in this booklet were based on your current salary. If you are like most workers, your salary has probably increased with the length of time you have been working and is higher today than in previous ears. Therefore' years. , if you were to become disabled today, the benefit payable under Social Security could be less than the amount illustrated. However, as you continue working, your salary will most likely continue to increase, and as your salary increases, the benefit payable under Social Security will change accordingly. In addition, the government has routinely passed legislation to increase the benefits payable under the Social Security program. If you do not apply for benefits until several years in the future, you may in fact qualify for a higher benefit than illustrated. i WHAT SHOULD YOU DO IN ORDER TO RECEIVE BENEFIT CHECKS? Social Security will not start processing any benefit until an application is filed at the nearest Social Security-office.- The address is in the phone book under Social Security Administration. You should start any application by a phone call to your local office since you may need a certified copy of your birth certificate, marriage certificate, or birth certificate of your children (depending on the nature of your application). r ~ , R a~e~daNo 74-007 Apdaltely), /Z lJele SOCIAL SECURITY WHEN SHOULD YOU CHECK YOUR EARNINGS RECORD? You should request a statement of earnings from the Social Security office every three years, especially if you have changed jobs, or if you have more than one employer. A "Request for Statement of Earnings" stiot)lr be mailed to Social Security in order to request this information. As soon as you receive the "Statement of Earnings", check it for any errors. If there is an s error, phone your local Social Security office. I WHAT SHOULD YOU DO IF YOU LOSE YOUR CARD? If you lose the card that shows your Social Security number, go to the nearest Social Security j office and apply for a new card, but not a new number. Even if you have forgotten your I!I number, do not apply for a new one. Th, Social Security Administration will locate the I number given to you previously. j f +Aef10aNU . 4penda►t _ 2 Oate I' GOVERNMNT BENEFITS WORKERS' COMPENSATION INSURANCE 'Ibis is state required coverage under which an employer furnishes benefits to employees who are injured on the job or develop a job related illness. This insurance is a combination of disability, medical and death benefits. The disability benefit is a percentage of your gross weekly salary as legislated by the state in which you work. All medical expenses should be fully covered and a death benefit is payable to your estate. If you are eligible for both Workers' Compensation and Social Security, total C~ombined benefits may not exceed 8091o of your "average current earnings' before your disability began. Income benefits payable will be at least 70% of your gross average weekly salary up to a maximum of $416.00. Income begins on the 8th day and could continue for 104 weeks. UNEMPLOYMENT i This program provides weekly benefits for unemployed workers for a limited number of weeks. It is a state required insurance program designed to provide economic stability during periods of unemployment. to order to obtain this benefit, you must file a claim at any designated office in your state upon the loss of a job. Unemployment benefits are calculated according to the laws of the state in which you work and are based on your present salary. Benefits may be collected for up to 26 weeks. The madmum weekly income is $210.00 j t` A .ilN M T 1 ,penaaNo 4oend3ll Date N LONG TERM DI.SABUM INSURANCE Your Long Term 1isability provides for you and your family in the event that ycu are sick or injured and cannot work. For additional information please consult your Long Term Disability booklet. The following is an outline of benefit provisions. Income Benefit: 6091o of monthly earnings Maximum Benefit: $3,500 per month . . Minimum Benefit: $50 per month Benefit Waiting Period: 90 days 1 Termination of Insurance: at retirement Class Office Clerical, Technical and Para-Professional, Management & s A Supervision and Executive employees Class B. Aft Service, Public Safety, Fire and Police employees. i + Maximum benefit for Class A employee: } 61 or less - to age 65 Maximum benefit for Class B employee: disabled on or before age 61, benefits cease at earlier of 5 years or upon age 65 j xr ' 1 F t T,„ p, e~Ua ;r4 aenaa~te7 xvie Sanus HMO Only Health Insurance Benefits The Youbiene is and he costs to you health the City depend upon tho type of coverage othat you currently provides your selected. If you are covered under the-Sanus HMO Only, summaries of your benefits and costs are as follows: ) QtiR RPNEFITS R T $ 15 Primary Care Physician Oflica Visits: All visits for diagnosis and treatment of iifnASS or Injury, lab, X-ray, medically necessary surgical procedures and other diagnostic procedures (Sanus doctor(s) only). Preventive Care Service: Periodic health assessment No Charge on physician's recommendation, annual well-woman examination, routine immunization, etc. Hospitalizatfon/In-the•Hospitai Treatment: Requires $400 per pre- certification by Sanus, or notification of Sanus certification i within 48 hours after treatment (Sanus facility only). ~J Emergency Care: Hospital emergency room ;no charge if $40 per visit 1 admitted to hospital) In case of accident or sudden and serious illness. $25 per visit Emergency/Urgent Care Facility Alcohol and Drug Dependency Rehabilitation: $15 per visit 1 Out-Patient hospital care (Pro-ce0cation required) $,400 per 0 In-patient care (Pre-certification required) admissper ion { (Sanus doctors and hospital only), Others: Extended Care in a skilled Mefgy TesUng Family Plan ngBFerMental tility Services Care in your home, Physical Therapy, Refer to your Sanus Summary of Benefits for detailed Information on your benefits. PREMIUM CITY CONTRIBUTION: $1,440.00 r 1 1 ' L t t* A A t } 1 } Agendak _..L~ A0e114106 - Date-. SanusPlus Health Insurance Benefits The City currently provides your health Insurance coverage through Sanus New York/Life. Your benefits and the cost to you and the City depends upon the type of coverage that you selected. If you are covered under the SanusPlus, summaries of your benefits and costs are as follows: YOUR BENEFITS *HMO **NEW YORK/LIFE Primary Care Physician Ofilce Visits: All $7 per $400 Deductible visits for diagnosis and treatment of illness visit plus 20% or injury, lab, x-ray, medically necessary surgical procedures and other diagnostic procedures. Preventive Care Service: Periodic health assessment No charge Not covered on physician's recommendation, annual well-woman examination, routine immunization, etc, Hospitalization/in-the-Hospital Treatment: Requires $275 per $400 Deductible pre-certification by Sanus, or notification of Sanus admission plus 20% within 48 hours after treatment. Emergency Care: Hospital emergency roorn (no charge if $40 per visit admitted to hospitao in case of accident or sudden and serious illness (pre-certificatlon required). If emergency care conditions are not met you will pay $400 deductible plus 20% of the medical bill. Emergency/urgent Care Facility (Pre-certification $25 per visit required). If medical condition does not meet $anus medical emergency conditions or If facility Is not a Sanus provider you will pay $400 deductible plus 20% of the medical bill. Alcohol and Drug Dependency Rehabilitation: Q Out-patlent hospital care (Pre-certification required) $7 per visit Q In-patlent care (Pre-certftton required) $275 per Deductible admission plus 20% 1 ' ti. i i ~:I 17 I i i 4 ~gandaNo q Z Agentiaft Date - ~ 7 22 SanusPlus continued • Page 2 Others: Extended Care in a skilled nursing facility, Maternity Care, Mental Health, Cve in your home, Physical Therapy, Allergy Testing, Family Planning, Fertility Services, Prescription Drug, etc. r Refer to your Sanus Summary of Benefits for detailed information on your benefits. pRfyM[t!M CITY CONTRIBUTION: $1,820.40 YOUR CONTRIBUTION: $ 17.52 1 "Sanus doctors and hospitals only '*Any doctor cr hospital of your choice i 1 { i V r - M~ r • J . j ~t~ c C f 1 tQwaNo. u'~~47 Apeeda!t4Z- Date fZl RETIREMENT BENEFITS MEDICAL INSURANCE: Retired employees are those employees that are eligible to draw retirement checks from the TMRS plan upon terminating their employment with the City. If an employee retires prior to the age of 65, that employee can stay in the medical insurance plan but must pay a premium. Medical insurance coverage will be afforded to the retiree until he reaches age 65 at which time the retiree may elect to retain the insurance coverage, but must pay the premium. At.,ge 65, Social Security becomes' primary coverage and City insurance program the secondary coverage. TEXAS MUNICIPAL RETIREMENT SYSTEM: On retirement, your deposits and the interest they have earned are combined with sums of money the city has agreed to contribute on your behalf. A monthly retirement benefit is then calculated based on an estimate of your life expectancy at retirement. Disability retirement benefits are available to employees with at least 10 years service who become totally disabled prior to retirement age; or Service-related disability retirement benefits are available to employees who become totally disabled prior to retirement age. In the event of an employee's death, various types of benefits may be available to the estate or the beneficiary. (See TMRS booklet or ask Personnel Department about specific death benefits available under your plan.) ELIGIBILITY: For retirement benefits, the City is currently on a: 10 years service at age 60 25 years service at age 50 28 years service at any age (See TMRS Booklet or ask your personnel department about eligibility provisions). VESTING: Retirement rights for members of vesting affects you, see pa;a of your become vested 'red" Handbook of Information i find out how DEPOSITS: I A portion of your earnings each month is withheld by the city and deposited in an account in of earnins 'budo will be qontn your name with the System. The amount tof our n g monthly as determined by your city. Upon meeting your Vutrements,t he city will match your deposits 2 to 1. R !yy A i t AgeedaNO Z A906005 Date 7-17441 ZZ ADD111ONA.L BENEFITS HOLIDAYS DurIng 1990, you will be given the following paid holidays - 9 Ilew Year's Day Thanksgiving Memorial Day Friday after Thanksgiving Independence Day Christmas Eve labor Day C.'hristmas Day Martin Luther King Day ~ VACATION E months of Vacation time is accrued at 10 hours peenmoou with be eligibility eligible for 120 hours 6 of vacation. wil employment. Each full year of employmY year of service.li~Eligibility begins on the oarnniversary f date each year After d~e the of I rke past over of vacation and bonus vacation is 320 wo completion of the fifty year. The maui~mum carry bouts. w PAID ABSENCES f j in addition, your salary will be paid while you are absent due to.. . Death or serious illness in the immediate family up to three days j . Mandatory jury duty . Required military reserve duty SICK LEAVE (g) hours for full-time employees and prorated for Sick leave is accrued at the rate of eight regular part-time employees for each month of continuous service. You may accumulate up to a maximum of 90 days (720 bouts). at the rate of $4. Ile LONGEV17Y PAYS service basis and payment accrues Your longef ryeach conseccommences utitivee Y ar of serAone ce YYou are paid on a monthly ' paycheck, r month is Included in the regular I r y (r ' M , 4. Y , . Y , .J A~g~OaNo. ~ '~o~~ 0 t a 11W-ZA-z ADDMONAL DENEFPTS DELTA FLEXIBLE BENEFIT PLAN As an employee of the City of Denton, you have the opportunity to participate in the Delta plan. This plan allows you to pay for certain eligible expenses with before tax dollars such as: dependent day care, dependent health insurance premium, and certain other unreimbursed medical expanses. Participating in this plan can result in increased take home pay since taxes are reduced. i DEFERRED COMPENSATION PLAN j Deferred compensation is an Internal Revenue Service (IRS)•app:oved method for sheltering your savings and earnings from federal and state income taxes until retirement. Taxes are paid oa both your savings and earnings when they are withdrawn during retirement, when you are presumably in a lower tax bracket. The plan allows you to defer a maximum of 25% of your total salary or $7,500 per year, whichever is less. Through the City's deferred compensation plan, you have the opportunity to build your savings for retirement. EMPLOYEE ASSISTANCE PROGRAM We all recognize that one of out most valuable assets is our employees. As a result, the City offers an Employee Assistance Program (EAP) designed to provide assistance to employees and their dependents in dealing with personal problems. Through the program, the City provides counseling, resources assistsrtce, and other support to employees and their dependents who may be experiencing on- or off•ibe job personal difficulties that may be affecting their work performance, productivity, ability adversely. OTHER BENEFITS Dental referral plan Savings Bond Tuition reimbursement Free parldng Credit Union T ` r c i t li A69tld81VQ..._ ~ 11QtISQdlItNrZ.-- Oate_.~u~Zz HEALTHY LIEEMLE RECOMMENDATIONS A healthy lifestyle is not an end in itself, but rather a process in which each of us assesses our starting point and moves in a positive direction from there. This process should be guided by good information, a solid initial self-assessment, a basic set of skills, and a supportive environment to sustain behavior change. Below is a general list of recommendations for healthy living. Priority 1: Wear seat belts every time you travel in an automobile Priority 2: if you smoke • STOP if you have a chemical dependency • get help Priority 3: Establish a solid foundation of wellness skills and begin to use them GENERAL RECON51ENDATIONS: i MENTAL WELLBEING: i D Practice positive self-dialogue U Manage stress Q Communicate well NUTRI'T'ION: 0 Tighten upl Avoid obesity U Team up with carbohydrates p Trim fat. Lean towards Lean O Shake the salt habit FITNESS: Implement a balanced exercise program including cardiorespiratory fitness, flexibility and muscular strength and endurance. Follow the exercise prescription for your guide to cardiovascular health. p 3-5 times a week 0 20-30 minutes duration O 7M% of maximum heart rate Always include a proper warm-up and cool-down. Start out slowly, build gradually. Choose a variety of activities you enjoy. Above all, apply these recommendations with a sense of balance - don't become "deadly" serious about any of them. Keep yourself well informed and updated with current information and enjoy the exhilarating assignment of taking good care of yourself. The pmedtng recommendadow an from mXv(a pubbihed by the L+fewite Pwram, St. Luker Nospita; Yams City, Miraourt. Lifewiu L rated ar the nodon's top weUnetr program. ~y Apendalt ~ V Date 7-~ PERSONAL BENEFIT.' SUMMARY PREPARED FOR r" ~Crff OF RICHLAND HILLS 3200 DIANA DRIVE RICHL AND HII1(S, TX YEARLY COIT!"RIBUTION EMPLOYER Social Security $956.62 Worker's Compensation 498.03 Unemployment Insurance 99.00 Group Medical Insurance..... 1,516.44 Group Dependent Medical Subsidy 0.00 Group Life Insurance 54.00 Group Dental Insurance 126.00 TMRS................... 1,747.20 Longevity 60.00 Paid Vacatiaa. 480.00 4332200 Paid Holidays .00 Paid Sick Leave 576.00 TOTAL CONTRIBUTION PER 112AR $6,545.28 PER MONTH 545.44 PER HOUR 3.15 Total Annual Employer Contribution Including Salary. $19,025.28 % SALAItY 65.60 % % FRINGE BENEFrM 34.40 % The existing ash values Indicated are subject to the va;dng formula outlined In your pensloa agreemeat. The figures set out above are based substantially upon inlbrmatlon tltmished by the employer. 7u summary is presented for illustrative purposes only and b not to be considered as guarantee of present or future benellu. MARCIA 720AERMANN BENEFTr SEMNARS PLUS 214-247-4844 j':. ~ C I T Y V=== COUNCI ~ or er ~ hf y - to 9 e h row t • pOn G k 11S J i 1 r ~eni~Ne q~-oaa.- CITY COUNCIL RE_PQRT Apendalielr `Ip - Date ' TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: July 6, 1994 SUBJECT: CONVENTION CENTER FEASIBILITY RECOMMENDATION: Receive a report and hold a discussion regarding the feasibility of constructing a convention center in Denton. j I Interest has been expressed by council regarding the feasibility of constructing a convention center in Denton. In order for a decision to be made on a project of this magnitude, it is felt that a comprehensive feasibility study be completed by a professional i i consultant. The feasibility study should address and provide answers to the following hasic ! questions: f • What is the market for the facility and who would use it? i • What type of facility is required to satisfy demand? • Who, if anyone, is providing similar facilities that could compete with the proposed facility? • What is the best location for the facility? • How much would the facility development cost? • How would the facility be financed? • Could such a facility be maximized if it were a joint-jurisdictional facility? To profile a region's convention center development opportunities, a comprehensive analysis of econonuc and demographic trends should be undertaken. This economic base inquiry should include documenting the physical, economic And demographic features affecting Denton's ability to accommodate new development His.orical employment trends in the Dallas/Fort Worth region and Denton should be reviewed to determine specific growth trends among key industries. This will provide the basis for making demographic n projections and quantifying the overall demand for a convention center. The study should also propose a convention center configuration, estimate of fadity costs, estimate of potential revenue, estimate of operating expenses, and estimate of economic benefits to Denton, i ys~ a , tE' ~ r tI BACKGROVJND. Construction on the Civic Center began June 1966 and was completed in November 1967. Cost of this facility was $562,000 and was funded from the 1964 bond program. The purpose of the 31,000 square foot Civic Center was to serve the community needs for recreational, cultural, and leisure experiences. The facility was designed for athletic events, banquets, concerts, dances, lectures, meetings, and office space for the Recreation Department. The design of the center enables seating of up to 1500 banquet style and 2000 theater style. As a part of the original design, two meeting rooms were constructer and available for rental. In the early 1980's these rooms were converted into additional office space for the Parks and Recreation Department. Due to the lack of meeting space and a kitchen area, it has become increasingly difficult to rent the facility for conferences and conventions. Operating costs of the center were $98,000 in fiscal year 1992-93 with revenues of i $32,000. Attendance at the center was 124,996 in fiscal year 1992-93. I PROGRAMS DEPARTMENTS OR GROUPS AFFECTED The citizens throughout the City will benefit from a new convention center. i FISCAL IMPACT: Costs associated with a comprehensive feasibility study will range from $30,000 - $40,000. RESPECT ULLY SUBMITTED: i Lloy V. Harre' City Manager Prepared by: F gondllNo. ~u 2 Rich Dlugas Director Parks and Recreation Department Z °~s Appro by: Betty McKe~t Executive Dk for for Municipal Services/Economic Development n, ~dV#,49•azz taes4:7• ilZpoW Center Of One Of Texaaa Fastest to rro ~~vr>w emir?~'b M 3 o>:S S j '~r ~-/G c IF~XtLY-SER~TL~(i-z0i--- K'1'ExAB, ~FFb:C~SbiT£ffF`aOF~~ Coune'i-I'Sa' S. Bi 'd Y 01629000 i .11th. TOWNS VOTi;--__..__.__ - City Center Plans Need Cat Elects Drastic Cut Councilmen. Where were sad facts on the licnlon City Council 'y Tvccdav when it Na+ dis- I ~tove1 it mar cost $162; %tayar karrrn t1h,tNnn was LEII.IMMY.• :000 more thin planned to 1 , re c et led in Urr m end altnr• LcNitville elected three new build a community center. nr~ t. .1 \rb:.:r wa• eddrd In'"s'ncil members. Henry SI.: Councilmen had famed to it,rnker. ft. F, Whitmore and spend iI00.000 to buiPld a round the Tlrnt,n ['m n'~ r rl ate community gathering plnct In funny bolit;l'I rf ri+ rlrrl;,,m he,d'Jarnes N'. Wilder. In Inn Down x,•, ir,,trrasy Ni or 232 votes cast. Boer-,bknlmn's new Civic Center. ras txen krr r"IvM 171. WhIlmOre 111'µhrn bids were opened Tues• ,ngs and A lotel of %olu% were and Wilcher 171. IA.+ers .were-day, the los+esll one called for 1 many ;cast in lknt,,n ai Naiur uLil• Fred 0. Punt, 1!t trobd: J. D. tW.l{po. . oIf her ,son Na% e•1c,+d to Ins third Inudi Martin, 11: Joe.W.,Mc•I Cain & Cali, Inc, of Fort ' ' w;lh M .•ar. \r!vn rr. µhnrter. i6; and Ronald M. nan s '*wh submitted the low bid. :nadt to iterm ceived 116 RNJ Nat ekctrd Ia Rsins, 60. ~Scal.lowest came from Waller ,his first term SANGER Nuhut it Sons, Inc till Okla- is a!• ( There wrrn ds write-in voteg.'nndef't' Is~d'~s{~6lld• tM1ihobtlf"t11~ '1'cr fS9~10.' 7`~i ,n Wb;lsori has srr%0, lwe terms,rumbcnts, Dick Ready And;hlghtst or the other four bldg; l.'u' bit- aI mayor. The City Courx•II wIll X. !+t. Acker, bosh drew X YOU$-1.tafltd IM W.M. . I, elect it mayor Tut av. KRUM I' dike ranee of Mn Antordo.~ And live Three men ran without opMo- Ilho Is associated with the city's n 11 we Ri:lNrs for three scab on theiarchiiecls. O'Neal Fend, mld.. oney to JVEA THER 'Krum city council. The vote:11- ! have no specific onswers as Jud► Ceirge M. Tidniore, 20. D. Polio why the bids were w much, rylhing; t Jackson, 11, and W. N. Weaver. higher I%$a the .e5Urnaits. t every. leg„1o-d N.o v c,,n+ ra • e . "11e national economic situa•f Viet Prod, %"1" `a CEIJNA town reflects anme of thls In r' of " r evrr~• VNI dr n to. It .new w It At 0001. 13. E. O'Brien *on'creased cost. but rml to this ra>~r'esarurr+ Made DeS or gel tN1 ;,I"",• 1111"I" H 111,e mayor's seat ever' Willie extent said his firm had er• Fiance 64 N*o T.,,«r llall, I30 to SS, Eleeltd !o thoe llmaled the ell would have lo, t.+ Ta•M? is lhrl'e 014n !tats on, the cello- y e me ao , too r» N co skeet W. R. BaldrWV, it1,~Pay bclxten 117 and ill 1ef~ New Riot the N wlil o• r.•, av. 25.000 i\ li 1.10 ,.q ,✓,r a ns • . • of, 1. 1f4Nard. 11l. and Ken pWre oI'mell ot for ch that i ,,,•,o.. to 11 01u %lstsey, 111. J. P. Loftlet aujsquart foot building The low re, WWI unwcctufull. Polling otdy u bid would cent the city about, SAIGON'. SNth Ii 1,0 . r•. ee.« votes. +"3 per pure foot. t„• r. N+ 11 "K•! built s similar bulfd'.ng;lAl'r - New anliFc ton's el• 110.% Nr,+ AUOREo hlem<n+tratlan% toner, e quob• ro•u a.,•.y Aubrcy's eandldatA were In, within the IMt 91% months for~de flue lodoy, but 110,1 r,•• n Ste RbECnON, Past !f Ste Civic CF.%TFR. Page ! and toll Y,., Nguyen Can Ky's m+' with an " ,_.......W .w~wts+w , ,10 r 11 stage a prMe!t march mn Ihe, laws to permlt manufacturers to'dustry, sub)ect to approval b; :r,1 a new campus t%chsnRt information and share the secretary of cc!mmem " I14 'I"' In this earner con!rontsuon. 1*0 new •krwoodiofic to the giant of floadlights,+ 'nderv'ctod leader Ch, serlam" rs wEatrnedrrs 1113: .tea: nt a , CIVIC CENTER.. ,d Parish~eadrr Chancery Court Iniurui,on bars ICatlwed,Fl+en P884 t1'++ca'd. the high bid today "del. " ott% andjhim iron the col:egt groundt'bet+eM 117 arid oil M. square Itnitely does t>ol elftct our plant ` S~yqrr rc and forbids such a march foot In Un Antonio," Lance to let that taatrocl" N tfith 77j Filers- state field secretary o! said I 1 enter for the .National M.%miatim for the, Lame sold he would talk loir~ `Q al tent Advancement of t olortd PeO'the two lowest blddrn and goI TUCK ip,e, asked "What would )oudo oter every Ilem to see Just STOCK t ;If vie matched an)tto,t' Would where they were hither, But, he PRICES r )ou draw )owr gins and shoot said. 'This Oaro vre into r hat It, t irge liar.'us••' to consider -an entirely dlirerent - . _.aro.... t alth $M' "I won't ant.rr that " Cwn butWaS that we had planned" 40411 1"X9 Mod. vmc114 s •+ort city:lered lilies Crislor, the h!ghray ••Imtead of brick we ' may r m> a04 xr""•rw tom., wom i Na. parrot sivkesman have to go to concrete block; w!i vr"' "'%w a s. • t• aeo Dr.El- Turning bark. Evers I(J h;s' trtlctiao.' It *111 take drag 1~io~, nod ieilbrers in an emotional tire) Uc revisions to decrtsw 1heiA",«f Leo u. ,toed. A slowest bid to i~O AW. 'AM.f•M1f• MM It. At ;us umput lrnme. Eso)d• The commuNty.eenttr As orf•Ri ~,ft a Ta tK+ seal on denied Fveri II t1'at he' Her won had t:uspertded students whn',~nally.planrled would be a'o0 offle 'r round strt.Kiurt w1Ung up to look part t7 coil rights wcuk,200n persons for race Ung•, w.,. *.+4,1 .f. campa.gnlfor theater •pres nlaUonL 1''+OO~ow".°. 1sM~I . 1. ir: counctl.'denahandrfacull to •d, weeeJor civil rights on er off the It will front on a parking kt~~,`; tf~ vr• ca 1t'. rrls and; cam;a• on McKitaiey Wool, and will, err, each he between Bell Areax and ""'o WKlnne The buildin Is aiat•,t•••f• t', td IO be bull! with a s7lsPetx!-I iii, NikitaSlowed g Out ll ed roof which wtufd de ,11041•! Tr,.• t a their with any ob4strtntion due nkitmen:Sted Industry Columns. 3 6vt11dMt<oV ttT1R ITOe~1 nA Each Cctrtslrtscikn file is on- the o+af+,"* l.. ry 14.P W 0(w.+» ti. GO. MOSMW Ml'I-NNIA Khru• old creek bed which flowotia" 0 s"w"I am "a, w 06 of ! shchev retarded growth in the',through the park area behir&ko- v.-s so". ,row....", ....t., Soviet steel industry, backbone the Denton l ounly Courthouse w , ""y""'„0(,, mark". V of the country's mliltary might.,.%r,nex, The e'it Is now eoverlnp t""•••~•f" I'd may'lthe 2kd congress of the eostet•the creek .bed and digging a ay Pus roons a^d,Communlst patty was 1014 to. straighter channel. ►,a u" u. 10 aldermen N'« 04 a 460 1111. 1c. y The center, as planned, will'eK, aN ,.,w, is +r'- ltfth a'•, I. Ivan P. Katanets. Soviet min- have offices for the elUts rec."'' a edA. !liter of Iron and steel Indust ri ration dtpartmens on a bakaty. t~".,..'f S«o..•.t iy each said steel Industry growth was and meeting rooms In a one, ;,II IraN les Jen h lower than it could have been story annex on the rear of the' ....MVomits d L. W. because Khru!Jschev put too bullding. V01 hpI tMf P r much stress on rapid growth Of 11..wt Nato ar► let, tt f City Matv,ger Jack Reynolds R.o,A Nfrt too r.h M•, P4 the Soviet chemical Industry. said the fear meeting rooms s"''ml" Ll" )I rr ktwshchev was not men, s#^'-sI•+■ uh 11 L Mole ' lion••d- by nanx' in the P0(Lions might be e1lat M designed t..w ►„".o.v n u . a•r...r money. "T11ty rrtf! in tors 1.+ a ncllmen'reported by So,let news media that we millet build *them lot, CANADIAN 110(11 aRrMAMat con and fratt the closed commas. Buyer." he said. re•ektt• Xawnets clearly rerWitil to; T1te commurdty !enter WAS to crow roks$ aritaas ,ere Ua• Khrushehev when he said be the second of slaI city, ~t NMir cV" V64 11140111 "e achievements of the Iron built ftruetpres in love new Th and steel Industry could btlDenton avic center hoe nhk'U ni ;'N tit grtaler were It rust for the tow, rulers approved V Nob mlllkn it 4•1'41 ill It N M ' Page tl tring of the late of lncrt,se of bond tisue In 1111. A swintnllnt Iron and steel due to wrong. sub- opool has already been eoralrtltl•, PhILp• )ectivlslle counlerposing of the et Seat on the lisl.it a mu- Industry to the Ira►!Nrlpa) bulldlnt. g e s lady and steel laaustryIt had been planned to kt Ihe AU old Khrualtctxv, who I;rtased contact to the a" MU acme' 1 retired oubjedIviV when tee was oust, ~rlm t>~ troaMW. ' RVMW1 i :e and ed from power In WON' ts61. Plato if rltlretn~+ I . ~OIL ea a pa Women's Inten in d VdL-sad shipp, had a.+ked dtrtl sas►I itnee In to forced to' memory chlidre strew:.. x of Negro high dry • Komi' to school. leaders teat The women's i boualnj reel/' • :l• ►Gr R d' 'CnM tiara N Mlle! MoOM 40 leg" aatudel hound of . big COMIIIUNITY BUfLD1 'a say the service emanda•MettW T1YU.SERENAD zp~ M: b" been PFoni Lett,' Dotm>r'Poa JadHolz- , $rendl Robertson And Nancy True >eca m of IM d NEW DRS , ~ I ' • f IJ e~•1TQr e.•. J tU tatrtee o c gs~xbova,:ppera D8DICATION 4 -WN "0VSE Toe tralDpoets ,rd Motor Co. ~ was Tosn H ruund i per member, H l/~' ~ ,:.{'~~'~~+h~'~ts ~e~ite t•ed r°rt "Id their , prtv;tely. that We&eil s JJ la ire day 04 taX ac- , . - • r' r~ ,,t„a;~iL✓ " ! y ' ` 1,60010' ,11110 Dt J Illow" $ltlre~ f All sake Arlra to provide this ser QQ log cost:^ and y sr.r , . "Id. fadtdlrg F xce aptraL A formal dedtcatloa "In the The cxwl,wiQ i3egln at braked into May of IN11, it Uonal e , Attu - U round" will be held Saturday ' E p.m. Saturday; aid the coat will seal 1,500 banquet-style mil, it wmM , ~ record WgIL night In the new 11SO 00 Com- and tie affair will be Well to and 2,600 theatre - sSyti. A, dlstrk-t =lt?,500; er teat surtsot J;f! on the oilier munily' Bullding AM an, open 'the 'pnbNe: Atotrt 300 special ,college dance was held them At the pttieenl .1 out the gain lauu 44111 take lace to day ests~`'lpciudlag' area city recently and.more than 1,300 it would require -To 1llbi R N, or is cents the v, Sunday. go4eiittne13 D. , iti;arid state attended. 6 to t cents the-,~ oa ymra wII1 nark the . load ostloe~ tbvditineot rep. A. gymnasUcs meet, [lower Tb;e !sport ud• r. oa , yo a tax In. completion of the nriusual ttseotser its r., ftiti oetput'to round building, in the LYvk ilia;' htloefbeett;lavlted. • squire dance are bcbedaled ill's le be op Blot to above Center at the corner cf Be11 In r'the 'vers atilt building In-, sehnnl 4latNct n 7our3 01 t~e'.1tr4.nng, will sldenCs, r Avenue and McKinney S. addition to many dances, as riliwouldng s not bbe pi lr be,ix]d ingtil about 9:30. when minaFs . lion nets and dust Coung- oya Constructldn whiten An tbe'dedlcYtlon, Itae1[ tvSU 1)e q of legal resim Advlslde s ~,~op. s putting finishing !ouches to 11n:,Afteit, a,dot•oarn,o„y, plain old get-togethers. - tennnce and the ,p xeaee-:•se e:• the Inside and outslde of the :t T ai '*WM' 'vNver.. _I`~IKF FtdON. _ txr if requests C t enough, be budding In' preparstlou for ally pct a4riti seicr+irders vices. 0 erbelting and the Weekend events. t The commltlr i~ will. provide • dance innate un rr'I LLNT mend, however, tV 'T ltF ab~titti1,70.p.ra: SALESMAN$ approve dpedal r ~ tai takes' eI• mo t im achy o has, ufg• A^s t ,.'[be.ope4 hohse'.sunday will 1 SELLS sonne that parents m stsbelleve'ln• w nt.;and~list until amily buying HIR DEEP EiF;E2F children to g 01 f) much as S, p,m ' early motrdrrg as 5 LEQ1LY ollar: ' . Le6naM'+Lrbrler,• parrs and ; they leave for w price index ~tlecitaboin't'dltector 'for the This advertiser reports quick diate action war ,oord 117.1 per DEMON AND VICINITY WEATHER' kid "60- building, Is' a ACIlen from the little Want proposal by the average. That roir w a wit tNUr ,Vnw, Fair Ad below. "Certainly well • he report er 4~. Isis a typical i,d """"r wodrdiAO. }a+' lonipt• devbtlom fio the lusual tom- plcascd with Ike results." transportadon ~i- r waly bullding • concept. synrpsthetl~ to r Q` 10 ~ tyhan 10 TeM►aR.tuau. have a Iranapor (Noon Tour RneNd,11a11ae Rt1a,,) An .Un~~ construction U►OIIGMT DEtr rNa, 1ldAV: Law INS 1i5ir111" M tacbltlque.wae used to'pul up Tho Denton Record•Chronlcle but feetl that I rise should oc• MI" Iwnur a tbetbtdld0ot,,,A•;teasloa ring "Silent Salesman" really solve these probi Mt yea!, the lM Aaaeaar wef e1stleoa bolds up AM 11 ice'ay went to bat for this adver- or financially "10 Yost po Tods and sere 'U+ Yost, All. , • 1 Ilser and will do the sane for ton at tdia tlme. Out 1112.' tab tad, t(tirit Ibd k6ter ' 01 t tun iMar' V RmJ rbN Yau,. School board is expect furl , w,anasdr ,arV of ran a am Ls the, dg'10 1 s,,•. • go place yber sid tall The cited Ihol.contin p 't1d prefer RAINFALL Es .bulidlA/; rail- double' +veaptns other _ ' • , CLASSIFIED AD be given -to the rr" Mrw1 punity DEPARTMEN problem from yr in the C insierv Rortanil.step R{ OaVM Nam lad U Haws rrar ~ba0dillg ~ritb',•oot"Attest • . Phone. Iq other actl+ .1nlon, •r, ThIr McMh It 'A' Is prfltaled wi Friedman or ru... AVera" rIf l~f ' f ttet''sald. 387.3811 (q~' j, Tea vNr ??.IF fill' IOMTC, Pate = a, a 4_ r yea .4T,11 The.' Wilding 'tR 11"Ady , See Sol C1 Oil g Rocks. Proo, ITY' COUNCI I ' I I j E I I C I~ i Of D~ A O V y O ro Nr ~ o N G sip `-T i I, I A"No DATE: July 12, 1994 Date dam REPORT /C 9fq TO: Mayor and Member of the Denton City Council FROM., Lloyd V. Harrell, City Manager SUBJECT: SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, AND DEVELOPMENT FEES RECOMMENDATION: P&Z recommended approval (6-0) on June 22, 1994 of the II draft Subdivision and Land Development ordinance. (Attachment 3) A companion fee structure was recommended for approval by } the Commission on January 13, 1993. No changes to the fee structure or raze is made from the 1993 recommenda- tion. (Attachment 4) 1~.I~E.BY € the draft subdivision and land development ordinance ¢ amendments can broadly be described in two categories as follovs: 1. S,,re~,Iining. The draft ordinance streamlines the development review process, for example, by enabling the Planning and Zoning commission the final author- ity to decide most plats. Staff iti enabled to f approve, but not deny minor plats. 2. S)4~LLtJAU The draft ordinance adopts numerous provisions of the State law not now addressed or incorrectly stated in the existing ordinance. A more detailed summary is: attachment 1 and 2. See attachment 4 for the fee ordinance. In 1992, staff completed an extensive comparative analysis of Denton and other cities' fees. This 50 page report is available on request. BACKGROP,WD: January 25, 1989 executive staff discusses, regu- latory streamlining and platting process. July 18, 1994 Staff brief's Planning and Zoning s f on the platting process and new enabling legislation. ~ Y P&Z Report ~QA2dA0.~ July 12, 1994 Apendalte 7 , Page 2 fkte 7~ G~ a~ August to November, 1989 Development review committee re- views "platting process" amend- ments. e October 23, 1989 Staff briefs Council concerning the plat process re-write, and eliminating Council approval. January 12, 1990 Development Review Committee re- views "process section" re-write. May 16, 1990 Briefing made to Government Af- t fairs Committee of the Chamber of Commerce. June 27, 1990 Planning and Zoning discusses "process section re-write.81 ! August 8, 1990 Planning and Zoning agrees to the formation of an ad hoc committee of staff and development Inter- ests. September 6, 1990 to January 10, 1991 Six committee meetings. Recommen- dations made. February 13, 1991 P&Z discusses and agrees to f conceptual amendments. February 19, 1991 Council discussion and agreement ~-J with conceptual amendments. December 10, 1991 Planning Director submits draft ordinance to city attorney's of- fice. March 5, 1992 plCouncil atting a process tin s context concerning Goldfield plat. October 20, 1992 Council requests a briefing on the plat process. November 3, 1992 Council briefing on conceptual 1 amendments reviewed by Council in February, 1991. November 11, 1992 Briefing to P&Z of same report to Council of November 3, 1992. January 13, 1993 P&Z approves fees. d1• r vvda No Age(rdally ' Date 7-),Z. Report July 12, 1994 Page 3 April 27, 1994 P&Z work session concerning draft ordinance. June 8, 1994 P&Z work session concerning draft ordinance. June 22, 1994 P&Z public hearing, approves draft ordinance. I ~ PROGRAMS, DEP~~~T~_~GS43iP~ A~'ECTED;, Development interests, DRS^, P&Z, and Council. ~ISCALI,~[PACT: None. The development fee schedule was not designed to raise or lower revenue. The revenue impact of the fee ordinance depends nearly entirely on the size of and number of lots in a zoning or plat case. Respectfully submitted, i s Lloyd Harrell, City Ma agar Prepared by: r i rank Robbins, ICP Executive Director of Planning and Development ATTACHMENTS:- 1. Types of plats. 2. Summary of Amendments. j 3. Draft ordinance. ti 4. Fees with six attachments S. State Enabling Laws, Chapter 212, Local Government code. G ,°•'r r 6. P&Z Minutes. v~ ME A k i Venda teoL*4Y + ATTAcmENT 1 IE TYPSS OF PLATS NAmB NOW CONSIDERZD BY PROPOSED 8 NSIDERED minor Plats Not in ordinance Staff (major) 'Preliminary council Piz 'fats lat PiZ P&I less Combined Combined s, no preliminary and preliminary and ra re final. PSZ final. PiZ l " Council - Piz other Replats Council or PiZ PiZ Amending Plats Not in ordinance. Piz' Vacatin of Plat9 Not in ordinance. PiZ Development Plats Not in ordinance. P&Z Conveyance Plats Not in ordinance. piZ i i I^y ' 5 •►1l a I~ s i j ATTACHMENT 2 gCOd/Ne• ~;~tf>T4 SUBDIVISION AND LAND DEVELOPMENT ORDINANCE AMENDMENTS SUMMARY%~ Iota WKAT_. Is PROPOSED RATIONALE' ! - 1. Minor Proraninary end Final Plato. No variance. Decision by PAZ. Staff approval. PAZ to deny. SteH may not deny or approve 1991 State law. Eliminate redundancy. ' Four or less tot subdivislon with has then 2,SOO variances. PAZ directed start to report to PAZ ag approved Sew time. ACT and no utility or road extensions. "nor Plata. ~p( 2. One or two fanvly replats whh public hearings. Dacisron by Council. PAZ Urninste redundancy. Gavs time. t. 7. (Major) Flnai plats. Decision by Council. PAZ nFrinate redundancy. Save time. ? it 4. (Majorl PnGminary Plats, Decision by Council. PAZ Efiminate uduodancy. Saw time. 6. a. Variances. Decision by Council. PAZ, +Eliminate redundancy. Savo time. b. Verfence to requiramenisto build public Dociston by Council. Council. Exaction variance criteria added. An exaction variance may Impact City Irwrovernonts. budgets. o. Variance oppEutlon timing. With preliminary plat. V ith a nY plat. Flexibility. 6. Central Development Plans (OOP's). Decision by PAZ PAZ No chugs. 7. Dewfopmant on a singes tract au"Mcled prior Fequired to plat. Decision Platting not required. Equity and falrnass. lntrartructurs in pfece. to January 1, 1960 (before Demon had by PAZ or Council. tuDdivision regulations) end no street or public Improvement extensions needed. 6. Single family or dupfax devsiopmam on a single Required to Piet. Decision Required to plat. No further exactions. Dewl n > tract with streets, utilities, and drainage In by PAZ. opine t axscdorr only to meat need 1 plai generated. Enforcement action. ,k 7 9. Additions or efterations to 111 to an txhdrg building, Delusion to plot. Platting not required. Mvetopmnt exaetloM only to most now. I no drsirw;e, rGrt utllity, additional pasarWng Decision by PI,Z. i ` i curb cut, Of street states cheroot needed. Property into ors known f I 10, Dtvekrpntnnt plats. No provision. Provision added. Approved by PAZ. In soeordentn with new stets 4w. More pradse Infrastructure provision reiaderrei lap to wtual drntopmam. AN ETJ development must plat, Implementation of master plans. 11. Subdivision or drealopmem in the extratarritorld Not sWrossed In 'ofxmerrl s by PA plat nqutred. A6nor development plat by ORC New st Jurlsdicdon, on a docketed road, no utility ordnance. Platting and others by PAZ, rte anebilng bgislsdon. liana orderly dutslopment. rlxtansiaa necaaery• exactions requi>e. Decision by PAZ or Council. Tracts over 6 A acres, no platting, by etatt tow. 12. Subdvfafon, no daw)opment, Inoide city Emits Flatting and exactions KU, fend safe. Lot size Conveyance plat. No exaction,. Infonmatlend notes on the pest Development not yet oaurring, execd,ma between G end rrqufred. Oeclsion by about requirements for final plat sM possible exactions. not necesrsry. Corwtys final platting n t k 39.9 eaten. PAZ or Council. Infevnatlon to buyers. AAA00060/1 .t % . i' } r I t Y r 'r P t. SUBDIVISION AND LAND DEVELOPMENT ORDINANCE AMENDMENTS SUMMARY WHAT Lis _ PROPOSED p,AMµAL9 13. Subdivision, no deveopment, lard nor*, Parect PlatUng and exactions Platu•, not required. ~ No dertmrd for Infrastructure. No btxWing, ails 40 or more scree, required. Decision by $o lot knee not necessary. Forty (40) acres j Pd2 or Council. from negotiation between developers and TML In 1889. j 14. Various land subdWons by Court, inherftence, Not addressed. Platting not required. Coss and state law. cemeteriee, lard dedications. 1S. Subdivision to cut out a piece of a larger tract Find plot on tract being Sire of larger tract: 39.9 to 20 acres. If no development, land Ths smaller the tract, the nearer building Is owned by one, within extratemtodal jurisdiction cut out, General sale: likely to start, and Infrastructure needs are or City. Development Men IGDP) GDP required on larger tract, dearer, on larger tract. Convsyancs plot, if 'cut out' is at least five 151 acres in sire. [ Finer plat, if 'cut out' 'e less than five (5) acres. If Development on 'cut out;" k; • General Development Man on larger tract t . • Fires plat " 'cut m* Sire of larger treat: 40 + acme. If no dovetopnunt.• Implements long-range planning In pdvi to , ` • Platting not required sectcr. If deve'opmani on 'cut-out:' GDP larger tract Anal plat on *VA out:' Comprehensive lolrsstructure impact { Site of larger tract 19.9 Acres or lots. Preliminary plat on analysis and bap range planning. (t larger tract. Find plat if devatopment of conveyance plat, if no development. F 18. General Development Plan data required. • Location of sidewalks added. 6@1181 b ' n9 rMW planning. Add average dilly traffic and storm water runoff daL. Could be Fro0ded by staff. R 17. a. Amending plate to *angel anion. Not mentioned In Allow as stated in state enabling laws. Consistency with enoblin i laws. ya j rsgulationn. ,p b. Amending plate, four 141 or fewer lots. No provision In City DRC to s,,prove a minor plat. Ptki to deny. Follow state law. (E regulations. o. Amending plea, fhro IS) or more lots. No provision in City P62 Follow eaa law. repAatbne. Y WIND Let \ AAA00M12 Q y "i ~ . n... a , l Y 0~ i d ,Flt" I i nr• L~. Y i✓ 1 ~ \ 1 . e ] . ~1 • 1f {f (P } f, Y SUBDIVISION AND LAND DEVELOPMENT ORDINANCE AMENDMENTS SUMMARY VVKAT Is PROPOSED RATIONALE 18. 'Reeldential' replat notice. To all lots within Notice to lot owners who are within two hundred 12001 fxt end Consistency with stab laws. subdivision, unless more within eubdivislon being replatted, add 20% rule and super- then one hundred (1001 majority vote required it variance requested. lob, then notice to live hundred 15001 foot radius. e'. 19. Public Improvement guarantees Required before building Require before building can begin. Applicabia to extraterritorial jurisdiction ' ermi is issued. platting where building permits are not Issued. r 20. a. Vacating of piste. No provision. Provisions added. Approval by W. According with state taw. ;.•N l b. Government Mated vacation. ' A 21. Enforcement through utility companies who No provision. Provision added, According to state taw. would serve Wage! subdvlalone, Uolitiss may `i not serve illegal eubdivislom or unpletted r+ development. 22. Show on the final pint finishsd floor elevations No provision. Added. May be required by another provision of the p 1 for bu8dinge In or near 100 year flood plain or regulations, where flooding nay occur. 23. Payment bond arrow may be used to If cost Is 150,000 of H cost Is 25,000 of less. stab low. ' guarantee improvements. fogs. 24, Public roverrtent rfomerxa 6eera a I' Imp guarantees, ye a. p t types of a. Elimination of separate mai,uanancs bard. Warranty to Sirnpfsr, no cast. Consistent with other t bonds, and escrow. bonds required, performance bonds. cities and stab law. b. Ecarow allowed If fats b. Escrow H less then 1100,000. (fen 650,000.: E 2S. Single (amity bsidentief plat'Intader' Required to be built R less than 625,000 cost escrow, build with houses, but all Avoids breefdng up wAs before tavsa and sidewalks. before hwass built. have to be built within three yens. drivewsye built. 26. 'Infil,• singtt (amity, singfe tract redavelopmont. Chy responsbts for N subdi&#d before 1980, platting not required, City Rarefy used provision, ut*ty infll porky streets, drainage, responsible for any infrastructure Improvements. proposed under separate ordinance. Itft utilities. g .I. A0001150ri /y E f. I . ,:rim ads . t; ~ rr'n f~ r ' i ji\wpdoce\ord\landdevl.reg A4910~wqcp qu,n n Ageodall D M Date ATTACHMENT 3 (41(019(1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS REPEALING SECTIONS 34-1 THROUGH 34-98 OF CHAPTER 34 OF THE CODE OF ORDINANCES ENTITLED "SUBDIVISION AND LAND DEVELOPMENT" BY ADOPTING NEW SECTIONS 34-1 THROUGH 34-37; BY AMENDING SECTION 34-114(17) AND REPEALING SECTION 34-127; SUCH REVISIONS PROVIDING FOR THE APPROVAL OF MINOR PLATS BY THE DEVELOPMENT REVIEW COMMITTEE; GRANTING OF VARIANCES BY THE PLANNING AND ZONING COF44lISSION AND WAIVER OF DEVELOPMENTAL EXACTIONS BY THE CITY COUNCIL; DENYING CONNECTION TO UTILITIES SERVICES UNTIL APPROPRIATE CERTIFICATES HAVE BEEN OBTAINED; ` DEFINING TERMS CONTAINED IN THE ORDINANCE; PROVIDING PROCEDURES FOR If SUBMISSION AND APPROVAL OF GENERAL DEVELOPMENT AND CONSTRUCTION PLANS AND PRELIMINARY AND FINAL PLATS; REQUIRING APPROVAL OF PLATS AND CONSTRUCTION PLANS FOR PUBLIC IMPROVEMENTS PRIOR TO DEVELOPMFNT OF LAND; PROVIDING A SIMPLIFIED PLAT PROCESS; ADOPTING STATE GUIDELINES FOR VACATING A PLAT, REPLATTING WITHOUT VACATING A PRECEDING PLAT AND AMENDING PLATS; PROVIDING FOR GOVERNMENT INITIATED PLAT VACATION; PROVID)17G FOR CONVEYANCE PLATS; PROVIDING FOR ADOPTION OF COVERAGE UNDER 5 212.041 OF THE LOCAL GOVERNMENT CODE RELATING TO DEVELOPMENT PLATS; PROVIDING AN ANNEXATION POLICY; PROVIDING DEVELOPMENTAL STANDARDS IN THE EXTRATERRITORIAL JURISDIC- TION; PROVIDING REQUIREMENTS TO BE MET BEFORE CONSTRUCTION OF ` PUBLIC IMPROVEMENTS BEGIN; PROVIDING METHOD TO DELAY SIDEWALK f CONSTRUCTION; PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A MAXIMUM PENALTY OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City desires to establish requirements, more easily understandable to citizen and developer alike, relating to processing plans and plats and issuance of permits and certifi- cates, and more equitable lit their application; and WHEREAS, the Planning and Zoning Commission held a public hearing to consider these proposed amendments to the subdivision and Land Development Ordinance on and recommends approval of these amendments to the City Counc and WHEREAS, the City Council of the City of Denton has held a public hearing to consider the adoption of this ordinance and finds the proposed amendments to Chapter 34 of the Code of Ordinances to be reasonably related to the City's desire to encourage econom'c development in the City of Denton while protecting the City's high quality of life standards; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXASt SECTION I. That Chapter 34 of the Code of Ordinances relating to "Subdivision and Land Development" is hereby amended by repeal- ing Sections 34-1 through 34-98 and adopting new Sections 34-1 through 34-37, so that hereafter the same shall read as followst O A~ende~Io q~!'d~~ A$eada4tonl,.-~.a - Oate? ~7 AND LA" DKVBLOPXENT REGULATIONS CHAPTER 34. SUBDIVISION 1. GENERAL PROV101ONS Sao. 34-1. Authority. This Chapter is adopted under the authority of the Constitution and laws of the State of Texas, including Chapters 42, 43 and 212 of the Local Government Code, as amended. Beo. 34-2., Purpose. This Chapter is ^,,lopted for the following purposes: (a) To protect and promote the public health, safety, and gen- eral welfare of the community. (b) To guide and plan for the future growth and development of the City by providing for the orderly development of land and and nfacilities tsin utilities, a with other the City's for the improvements extension master plans. (c) To insure that all developments provide for the streets, sidewalks, drainage facilities, water and sewer facilities and other public and and necessary to improvements serve the development, which are adequate Beo. 34-3. Jurisdiction. This Chapter shall apply to all land and all developments within the territorial jurisdiction of the City of Denton, except as otherw.ise territorial jurisdiction of the City shall i be defined aasefollowsg (a) The area within the corporate limits of the City of Denton) (b) The area within the extraterritorial jurisdiction of the City of Denton as described in Section 34-32i and (c) Any other area to which the provisions of this Chapter are made applicable in accordance with and as permitted by State law. Beat 34-4. Application of Chapter. (a) Land Included. Except where otherwise specifically pro- vided for in this ater all the the following lands located within thesterritor shall apply to rial jurisdiction of the Citys Page 2 i i (QMd8N0. aU~ ° , ~endaffe 7 'hi! - (1) Any tract of land which has not been recorded by plat in the plat records of Denton County, Texas, and which has been sold, leased, or otherwise subdivided or partitioned from another tract of land and which is in- tended or proposed to be used for the purpose of develop- ment. (2) Any tract of land which has been recorded as a lot or block by plat in the plat records of Denton County, Texas, prior to and upon which no development has been constructed or placed prior to the effective date of this ordinance. (3) The division of any previously platted lot into two or more parts. (4) The removal of one (1) or more lot lines of any platted lot so as to permit the combining of two (2) or more contiguous platted lots into one (1) or more new lots. (5) Residential development of not more than two dwell- ing units on a single parcel, tract, or lot which is adjacent to a public street where extension or improve- ment of street, utility, or drainage facilities are not required to support the residential dwelling units shall be required to plat, but no exactions (except for dedication of prescriptive easements or rights-of-way already existing) shall be required (e.g. construction of sidewalks, or dedication of easements or rights-of-way where prescriptive easements or rights-of-way do not E exist). For purposes of this section, the building setback requirement shall not be considered an exaction. Sao, 34-5. Admioistratioa. (a) Planning and Development Department. In the administra- tion of this Chapter, the Planning and Development Department shall have the responsibility to receive and distribute all submitted applications and documents to the appropriate departments, coordinate the review and approval procedures among the departments and the Development Review Committee and forward all required applications, recommendations, plans, plats, documents or other information to the Commission or Council for any required action thereon. (b) Development Review Committee. (1) A Development Review Committee is established to provide a coordinated and centralized technical review process for all developments required to comply with the requirements of this Chapter. The members of the Commit- PAGE 3 f D. 1 i Vends No Apendalte Late ~ - ~ - _ 1 l06 9 tee shall be composed of persons from various city departments which have an interest in the development review and approval process, as designat9d by the City Manager. The City Manager shall provide a chairperson who shall be responsible for establishing and coordi- nating Committee procedures. (2) The Committee shall be responsible for making deter- minations on the application and interpretation of guide- lines, standards and requirements of this Chapter. The Committee may require the applicant to submit additional information not otherwise specifically required by this Chapter, which is reasonably necessary to review and de- termine whether the proposed development and required facilities meet the requirements of this Chapter. The Chairperson t.f this Committee may approve but not disap- prove minor plats as allowed under TEXAS LOCAL GOVERNME;T CODE S 212.0065, as amended, for plats that do not require variances or waiver of exactions and have been reviewed by the Engineering Department and found (based on a traffic generation study utilizing the institute of Transportation Engineers Guidelines) to project an average daily vehicular traffic (ADT) count of less than and do not require utility or road extensions. 2 S00 (c) PlAnning and Zoning Commission. (1) The Commission shall have final authority for the determination, application, and interpretation of the guidelines, standards and requirements of this Chapter, except where the Chapter specifically provides otherwise. Any person aggrieved by the determination, interpreta- tion, or application of any provision of this Chapter made by the Department or Committee, may appeal the in- terpretation or application to the Commission for its final decision. (2) Upon the written request to the Department by any owner of land, a public utility, or the City Council, the commission shall make a determination of whether a plat for a particular tract of land is required to be sub- witted and approved in accordance with this Chapter, and, if such plat is required, whether it has been reviewed and approved by the Commission, as allowed by V.T.C.A., Local Government Code 5212.0115. SsO. 34-6. Variances and Modifications. (a) General. Where the commission finds that unreasonable hardships or difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, PAGE 4 r ' y gendaNo.~u~ _ ~~endalteml. 7 I late 1 ' 0~9 it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured; provided that the variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property; (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; I (3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; (4) The variance will not in any manner vary the provisions of the Zoning Ordinance, Denton Development Plan, Master Plan or Studies, eycept that those documents may be amended in the manner prescribed by law; and (5) The special or peculiar conditions upon which the request is based did not result from or was not created by the owner's or any prior owner's action or omission. (b) Criteria for variances From Development Exactions. Where M the Commission finds that the imposition of any development J exaction pursuant to these regulations exceeds reasonable benefit to the property owner or is so excessive as to consti- tute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the City Council. (City Council may, by resolution, adopt guidelines to follow in granting variances to exactions.) Waiver of developmental exactions can only be approved by the City Council. (c) Conditions. in approving variances, the Commission may ' require such conditions as will, in its judgment, secura substantially the purposes described in Section 34-2. (d) Procedures. The applicant shall submit a petition for a variance in writing no less than two weeks prior to the time when the conveyance plat, development plat, preliminary plat or final plat is to be considered by the Commission. The petition shall state fully the grounds for the variance and all of the PAGE S ~a pr j h . i Y tatx facts relied upon by the petitioner. Bea. 34-7. Compliance and Enforcement. (a) It shall be unlawful for any person to begin, continue, or complete any development on any land within the territo,-ial jurisdiction of the City to which the provisions of this chapter applies, except in accordance with and upon compliance with the provisions of this Chapter. (b) The City shall not issue a building permit or certificate land tot which ythfor is achapter located within the dcoby any rporate ordinance applies, until and unless there is compliance with this Chapter. (c) The City shall not provide or connect City water, sewer, or electrical to any property to which the provisions of this chapter applies, unless and until there is compliance with the provisions of this Chapter. See. 34-6. Approval of Plat Required. (a) Prior to the subdivision, resubdivision, development of any land within the City of Renton, and its territorial jurisdiction, all plans, plate, and construction plans for public improvements shall first be approved in accordance with these regulations except as follows: (1) 7be division of land into two or more parts, other than for purposes of development, if the smallest result- ing parcels, tract or site is 40 acres or larger in size. I (2) Development on a single tract which was subdivided prior to January 1, 1960, and for which extension of streets or public improvements are not required to support the proposed development. (3) Construction of additions or alterations to an existing building where no drainage, street, utility ex- tension or improvement, additional parking or street access changes required to meet the standards of this C°napter are necessary to support such building addition or alterations. (4) Subdivision or development which is outside the regulatory line of the extraterritorial jurisdiction ref- erenced in section AL= of this chapter which is utility adjacent e tto a ension is dedicated necessary to support he subdivision or development. PAGE 6 13. s 3 r ~pendaNa ~~r~ 4~epdal!e~.-. ate _ 2' a beg(/- (5) Dedication of easement or right-of-way by separate document recordable in the county records if approved by City. (6) Cemeteries complying with all state and local laws and regulations. (7) Divisions of land created by order of a court of competent jurisdiction. (8) A change in ownership of a property through inheri- tance or the probate of an estate. (b) No land may be subdivided or platted through the use of any legal description other than with reference to a plat approved by the Commission or the Committee in accordance with these regulations. (c) No land described in this section shall be platted or sold, leased, transferred or developed until the property owner has obtained approval of the applicable general development plan, preliminary plat, final plat, development plat, or I conveyance plat from the commission or the Committee as re- quired by these regulations. (d) No building permit or certificate of occupancy shall be issued for any parcel or tract of land until such property has received final plat or development plat approval and is in conformity siith the provisions of these subdivision regula- tions, the p3at has been recorded, and no private improvements shall take place or be commenced except in conformity with these regulations. (e) No person shall transfer, lease, cell or receive any part of a parcel before a conveyance plat or final plat of such parcel and the remaining parcel has been approved by the Commission or the committee in accordance with the provisions of these regulations and filed with the County Clerk. (f) The platting or subdivision of any lot or any parcel of land, by the use of metes and bounds description for the purpose of sale, transfer, lease or development is prohibited, 4 Boo, 31-94 Enforcemott of Regulations, (a) No improvements shall be initiated until the approval of the City has been given. Disapproval of a final plat by the city shall be deemed a refusal by the City to accept offered of a final plat shall not Approval royal dedications aho;m thereon. PP be deemed an acceptance of the proposed dedications and shall not impose any duty upon the City concerning the maintenance or improvement or any such dedicated parts until the proper iPAGE. 7 i AgendaNa_~~~_ AgeoOelt~~6rr~t~ff-~~•-- 4c authorities of the City have both given their written accep- tance of the improvements and have actually appropriated the same by entry, use, or improvements. (b) The City may refuse to authorize or make utility connec- tions on the grounds set forth in TEXAS LOCAL GOVERNMENT CODE § 212.012, as amended. sec. 34-10. Pees. The City Council may, by ordinance, impose one or more fees in an amount it determines necessary to recover the cost of adminis- tering the provisions of this Chapter. Goo. 34-11. Definitions. For the purpose of this Chapter, the following words shall have the following meanings: Acreage, net means tho acreage included within the boundary line of a particular subdivision, tract, parcel, lot, etc., but excluding all public ways. Addition means lots, tracts or parcels of land lying within the corporate boundaries of the City which is intended for the purpose of development. Alley means a public way less in size than a street, designed { for the special accommodation of the property it reaches and not intended for general travel or primary access. {l Applicant means a developer submitting an application for I development. Build means to erect, convert, enlarge, reconstruct, restore or alter a building or structure. Building means any structure designed, used, or intended to be used for human occupancy or use or to support the human occupancy or use of land, including mobile homes. Building line means a line established beyond which no part of a building shall project, except as otherwise provided in the zoning ordinance. City means the City of Denton, Texas. Code means the Denton Development Code. Commission means the Planning and Zoning Commission. Committee means the Development Review Committee. G PAGE 8 M ApordaNo`~~. I A~MCeltem_.__._ _ authorities of the city have both given their written accep- tance of the improvements and have actually appropriated the same by entry, use, or improvements. (b) The City may refuse to authorize or make utility connec- tions on the grounds set forth in TEXAS LOCAL GOVERNMENT CODE S 232.012, as amended. sea. 34-10. Fees. The City Coursil may, by ordinance, impose one or more fees in an amount it determines necessary to recover the cost of adminis- tering the provisions of this Chapter. i~ Sta. 34-11. Definitions. I For the purpose of this Chapter, the following words shall have the following meanings: Acreage, net means the acreage included within the boundary line of a particular subdivision, tract, parcel, lot, etc., but excluding all public ways. Addition means lots, tracts or parcels of land lying within the corporate boundaries of the City which is intended for the purpose f of development. Alloy means a public way less in size than a streat, designed for the special accommodation of the property it reaches and not intended for general travel or primary access. i Applicant means a developer submitting an application for development. Build means to erect, convert, enlarge, reconstruct, restore or alter a building or structure. Building means any structure designed, used, or intended to be used for human occupancy or use or to support the human occupancy or use of land, including mobile homes. Building line means a line established beyond which no part of a building shall project, except as otherwise provided in the zoning ordinance. City means the City of Denton, Texas. Code means the Denton Development Code. Commission means the Planning and ?oning Commission. Committee means the Development Review Committee. PAGE 8 iY 3geo6aNo gy' Aaendal Date -J Conveyance Plat means an interim plat recording the subdivision of property or defining a remainder of property created by the approval of a final plat for a portion of property, where approval of final development plans is not sought. Council means the City Council of the City. 7,5 6 97& means CUi-zens Traffic Safety Support Commission Department means the Department of Planning and Development. Developer means the legal, cr beneficial owner or owners of a lot or any land proposed to be included in a proposed develop- ment including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. Development means any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, paving, drainage or utilities, but not agricultural activities. Development Plat means a plat reflecting new construction or the enlargement of any exterior dimension of any building, structure, or improvement on property previously final platted or not required to be platted. Development Exaction means any dedication of land or easements for, construction of, or monetary contribution toward construc- tion of a public improvement required as a condition of plat approval by the City under these regulations. Escrow means a deposit of cash with the City in accordance with City ordinances. Extraterritorial jurisdiction means the unincorporated area outside of and contiguous to the corporate boundaries of the City as defined and established in accordance with Chapter 42 of the Local Government Code. Frontage means that side of a lot, parcel or tract abutting a street right-of-way and ordinarily regarded as the frontal orientation of the lot. Lot means a designated parcel, tract or area of land estab- lished by a plat or otherwise permitted by law to be used, I developed or built upon as a unit. Lot improvement means any building, structure, work of art or other object or improvements of land on which they are situat- ed, whether immediate or future, which includes streets, I ailsYsrutilities, drainage modification9 , access modifications PAGE 4 i. i~ r ~endaNo 9y"~ - I AgeMal Date 7-~2- ~°i ~I9 Including curb cuts and other similar activities covered by these regulations. Lot improvements include off-site work accomplished for the betterment of removed building lots. Master plan means those policies and plans adopted by the council as a guide to the systematic physical development of the City. May meanv. permissive. Minor Plat means a subdivision resulting in four or fewor lots, not requiring the creation of any new street or the extension of municipal facilities and not generating an average daily vehicular traffic (ADT) count of _5,.00 or more vehicles. i z, sao Owner means an all inclusive term denoting the person with pri- mary responsibility toward the city to see that these subdiv- ision rules and regulations and the ordinances of the city are complied with. The term includes person, firm, corporation, partnership or agent, attorney-in-[act, manager or director, developer. Such term as used in this chapter always includes one (1) or more of the persons enumerated in this section who own all oi- any part of the land which is contemplated to be developed. Plat or final plat means a map of a subdivision, addition or development to be recorded in she county Clerk Plat Records after approval by the Commission or the Committee. Preliminary plat means a map showing the salient features of a Y~ proposed development as requirsA by this Chapter submitted for the purpose of preliminary consideration. Public impro,rement means any street, alley, utility, drainage facility or other facility or improvement of land designed and intended to be dedicated, conveyed, or owned by the public. Resabdivision means a change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use or any lot line or it it affects any map or plan legally recorded prior to the adoption of any regulations controlling sukxlivi- sions. Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another special use. The usage of the term "right-of-way" for land platting purposes means that every right-of-way established as shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of PACE 10 G r y V Y L t u COW OIL ~no2 it / such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established. Shall means mandatory. Special circumstances means, in regard to utility extensions, only those areas where water or sewer is deemed necessary and the application of any general rule for extension shall cause a burden and cost considerably greater than what would be nornally incurred due to the particular topography or unusual shape of the particular lot or tract involved. Subdivider means any person vho: (1) Having an interest in land, causes it, directly or indi- rectly, to be divided into a subdivision; (2) Directly or indirectly, sells, leases or develops or of- fers to sell, lease or develop or advertises for sale, lease or development any interest, lot, parcel, site, unit or plat in a subdivision; (3) Engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or any lot, parcel site, unit, plat or interest in a subdivision; and (4) Is directly or indirectly controlled by, or under direct or indirect common control by my of the foregoing. Subdivision means the division or re-division of land into two (2) or more lots, tracts, sites or parcels, whether by sale or lease, for the purpose of development. Thoroughfare Plan means the official map depicting the city's existing and future street system and roadway network, together with explanatory text. Thoroughfare Plan includes the Thor- oughfare Map and the Collector Street Map. Used for includes the phrases, "arranged for," "designed for," "Intended for" and "occupied for" and shall apply exclusively to physical uses. Variance means a modification from the terms of this ordinance, as applied to a specific tract of property, if the modification is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordi- nance is observed and substantial justice is done. PAGE 11 ,i i M1 Venda No qK'~ 4gendaftem Wte:] . ARTICLE II. SUBMISSION AND APPROVAL PROCEDURES AND REQUIREMENTS. See. 34-12. Application and rose. Any person seeking approval of any plat for any land required by this Chapter, shall submit an application to the Department, along with the applicable fees, in the form and manner specified by the Department. Soo. 34-13. Predesign Conference. (a) Prior to the filing of any plan, plat or proposed develop- ment, an applicant shall consult with the Committee, unless specifically waived by the Committee chairperson. The Commit- tee shall post its grounds for waiver in the offices of the Department after approval of same by the City Attorney. The Department may schedule a Predesign conference with the Committee. The purpose of the conference is to allow the applicant and Committee to review and discuss the proposed development, to make a determination of what information and studies may be required to be submitted during the plat procedures, and to receive or exchange any other information or take any other action necessary to facilitate processing of the plat application. (b) Unless waived by the Committee, each applicant shall sub- nit a sketch plan of the proposed development to the Department print to the date of the predesign conference. The purpose of the sketch plan is to provide an approximately scaled represen- tation of a development proposal for use in discussions between the applicant and the City staff at the predesign conference. Review of the sketch plan shall not constitute approval or indicate the full extent of the City's requirements. The sketch plan, which shall be submitted in the form and manner specified by the Department, shall show the following: (1) Development name, north arrow, and date. (2) The size, shape, type and physical location of the development. (3) The number and size of lots and buildings. II~ (4) The proposed streets and street access. (5) Existing drainage facilities and general topograph- ical information. (6) Any other information specified by the Department. PACE 12 Agendallem Sao. 34-14. General Development Plan. (a) Purpose. The purpose of the general developmen plan is to provide for review of certain developments for coapliance with master plans, the compatibility of land uses, and the coordination of improvements within and among individual parcels of land or phases of development, prior to approval of j a preliminary plat. (b) Application. The Committee shall determine during the predesign conference whether a general development plan or a preliminary plat shall be required in accordance with the purpose herein stated. When a development is a portion of a large tract under one (1) ownership or is developed in phases, the developer mry be required to submit a general development plan for review and approval by the commission. Generally, a general development plan shall be required for, but is not limited to, any development which: (1) If the property under consideration is undeveloped, under one ownership and is greater than 20 acres; or (2) Is to be platted and developed in phases; or (3) Will require off-site road, drainage, or utility connections or improvements which will have a substantial impact or effect on other properties or developments. (c) Information Required. Unless waived in advance by the Committee, the general development plan shall contain the following information for all phases of the development: (1) General Layout. The acreage and layout of the entire tract under one ownership, identifying adjacent developments or subdivisicns; the names of owners of adjacent undeveloped land; the existing zoning fo': each; and the location of the property by reference to existing streets. (2) Land Uses. The proposed categories of land use; the intensity area classification of the property as identi- fied in the master plan; the proposed number of dwelling units and gross density of each type of residence struc- ture; and the proposed floor area ratio for all non- residential uses. (3) Streets. The location, width, and names of all ` existing streets within or adjacent to the property; and any proposed arterial and collector streets, including the right-of-way thereof; and the alignment of such streets to connect with streets on adjacent properties. Supply Average Daily Traffic (ADT) statistics. PAGE 13 Jo. gendaND 111P C (4) Sidewalks. Designate location of sidewalks it alternative pedestrian access plans. (5) Existing Features. All significant existing min- made features on the property, such as railroads, build- ings, and structures. (6) Utilities. The proposed utilities which will serve the property and the distance to the nearest water and sanitary sewer lines. (7) Drainage. All significant existing and prc,,osed drainage features, structures, and facilities. Storm water runoff data in sufficient detail to determine on- site and off-site runoff impacts and compliance with master drainage plans as determined by the City engineer. (d) Processing, Review and Approval Procedure. The general development plan shall be submitted, along with the applicable fee, in the number and form specified by the Department. The plan shall be submitted to and reviewed by the Committee for its recommendation to the Commission. The Commission shall approve or deny the plan prior t3 submission of the preliminary plat. If the Commission denies approval of the plan, the reasons for such denial shall either be reduced to writing or read into the minutes of the commission. No preliminary plat for any portion of the development shall be approved until and unless the required general development plan has been approved f by the Commission. f Boom 34-15. Preliminary Plats. (a) Purpose and Applicability. A preliminary plat shall be required for all proposed developments, except where otherwise provided for in this chapter. The required preliminary plat is intended to provide sufficient information to evaluate and review the general design of the development to insure compli- ance with the master plans and the requirements of this Chapter. Where a general development plan is required, the preliminary plat shall substantially conform to the approved development plan. (b) Format. The preliminary plat shall be drawn to a scale of 1 inch c 100 feet or larger, provided that a different scale may be used upon prior approval of the Committee. The plat must be legible to be considered by the City. (c) Contents. The prelininary plat shall contain or have attached thereto: (1) General Information. PAGE 14 a,. r t t t• F i gendaNo.~ _ kgendallem Oate &6 9 I a. The date, written and graphic scale, north arrow, proposed name of the development, key map showing the location of the development in relation to existing streets and highways and dates of preparation and revisions. b. The name and address of the property owner or owners, and the planners, registered engineer, surveyor or other representatives processing the plat. c. Any City or extraterritorial lines traversing or on the boundary of the development. d. The names of the record owners of contiguous undeveloped lands. (2) Boundaries, Acreage, Zoning, and Uses. a. The development boundary lines, shown by con- tinuous dark lines of sufficient width to be easily identified. b. The total acreage within the development, the identification of each existing and proposed type of land use, and the acreage for each use. c. All existing or proposed lots and blocks iden- tified by letter or number within the development and the names and lot patterns of contiguous devel- opments, shown by dotted or d&shed lines. d. The existing and proposed zoning of the land to be developed and the zoning of adjacent land. t e. The location and identification of all existing buildings, parking lots, driveways, and other sig- nificant structures. (3) Utilities. a. The identification, location, and size of all existing water and sanitary sewer lines and the associated easements which are located within or on ` the boundaries of the development. b. The identification, location, and size of all proposed water and sanitary sewer lines and the associated easements which are proposed to serve the development, showing the location, size, and distance of any existing lines to which connections are proposed. f PAGE 15 i qendaNo, tagendaflenL . 7 t^'~ 7~I r +7Hte _ ~3 c c. Detailed information on the means by which any alternative water or sanitary sewer service is to be provided, such as by walls or septic systems. d. The location and routing of all existing or proposed lines, easements, and facilities for pro- viding electrical services for the development. e. The identification, location, and size of all existing gas, petroleum, telecommunications, or similar common carrier easements located within or on the boundary of the development. (4) Streets, Sidewalks and Driveways. a. The identification, location, and size of all existing streets and street rights-of-way located within the development or adjacent developments. b. The identification, location, and size of all proposed streets, sidewalk and slope rights-of-way which are to serve the development, showing the proposed connection or alignment with existing or proposed streets in adjacent developments. Where there is no adjacent development and there are arterial or collector streets proposed for the development, a key map shall be included to show the proposed future alignment and connection of the arterial or collector streets to the same type of j streets in the nearest development. c. The location and width of any existing or pro- posed driveways which accesses or is proposed to access any existing or proposed arterial street located within or on the boundary of the develop- ment. (5) Drainage. a. The topography of the existing land included within the development and any major changes in topography resulting from development as shown by contour lines of two (2) foot vertical intervals. Upon prior approval of the City Engineer, different contour intervals may be used. b. The identification, location, and approximate dimensions of all existing and propr, -d water courses, ponds, detention ponds, ditches, channels, floodway and floodplain boundaries, storm water improvements, drainage easements, or similar natu- ral or man-made drainage facilities or features rPAGE 16 ~rl ? . 1: j S ~endnluo Q~~.~..-.AgendalterrL._ _ oats located within or outside the boundaries of the de- velopment that do or will effect or impact storm- water drainage on or across the development prop- erty. c. Unless the City Engineer determines during the predesign conference and after review of appropri- ate drainage study information, that the devol- opment will not create the need for any drainage improvements, all dfivelopments shall be required to submit with the preliminary plat a preliminary drainage study, along with a drainage area Nap, containing the following information: 1. The delineation of the major contributing watersheds for stormwater that crosses or is proposed to cross any property within or on the boundary of the development. 2. All areas outside of existing or proposed drainage easements or street rights-of-way serving the development that will be inundated by the 100 year flood. 3. A summary of the drainage calculations used to determine the proposed stormwater drainage system that will be necessary to serve the development. The calculations shall be prepared and submitted in accordance with the Denton Drainage Design Manual in order to review and assess the adequacy of the proposed drainage system. 4. Expected impacts on offsite. properties and proposed measures for remedying impacts. (d) Procedure. (1) Submittal. The application and copies of the pre- liminary plat, along with any applicable fee, shall be subtitted in the form and number specified by the Department. (2) Committee Review. The preliminary plat shall be reviewed by the Committee for compliance with the requirements of this Chapter. The applicant shall be afforded an opportunity to meet with the Committee to receive its comments and recommendations on the suffi- ciency of the plat, so as to allow the applicant to make any recommended or desired changes, corrections, or modifications. Upon completion of the review process, the Committee shall forward the plat to the Commission PAGE 17 q I Agenda Mo - agenrlalterR., along with Ihs recommendation, unless TEXAS LOCAL GOVERNMENT CODA 8 212.0065, as amended, allows the Committee to have authority to approve minor plats. (3) Commission Action. Upon submittal of the plat by the Committee, the Commission shall take action on the plat at a regularly ,scheduled meeting held within thirty (30) days of the da!e the preliminary plat for which approval is requested is submitted to the Department as required by V.T.C.A., L,)cal Government Code 8 212.009, as amended. This deadline may be extended an additional thirty (30) days if the applicant requests or consents in writing to the extension to act upon the plat. If the plat meets all the requirements of the Chapter, the commission shall approve tha plat. If the plat does not meet the requirements of this Chapter, the plat shall be disapproved, unless the applicant agrees, at the meeting at which action is to be taken, to correct or remedy the deficiency on which the disapproval is based in the submission of the final plat. I! the preliminary plat is disapproved, no further action shall be taken on the application, until and unless a new application and preliminary plat is to be submitted in accordance with this Chapter. (4) Application of the preliminary plat process to State Law. A preliminary plat approved by the Commission shall be in accordance with subchapter I., untitled "State and Local Permits," of Chapter 481 of thia Government tide, and specifically 8481.143, as amended. This statute provides that in the applying for subsequent permits necessary for development, the regulations, ordinances and other duly adopted requirements in effect at the time of the original application for the preliminary plat is filed shall be the sole basis for consideration of all subsequent permits required for completion of the project. Should this statute be amended, repealed or interpreted as not being applicable to the platting process, preliminary plats shall become null and void at the same time as final plats become null and void as provided in Section 34-18(e). i 8*0. 34-16. Final Plats. included powithin Applicability. hfinal all be plat of the required p of call developments to which this Chapter applies. The final plat is intended to serve as the official recorded map of the property to be developed, showing thereon the boundaries, lots, public streets and easements and other significant facilities and features which are necessary to serve the development, as required by this Chapter. ror a development to be constructed i PAGE 1s a5. b ~I ~ r i ' e ApodaNo .4 AAendalte 7 Date " 26 qn In phases, the final plat may include only a portion of the land included in the preliminary plat. The final plat shall conform to the approved preliminary plat, and if applicable, the general development plan. (b) Land Excluded. (1) Where any requirement of this Chapter is determined in reference to the boundary of the development, such as the requirement to improve existing perimeter streets, the final plat may not exclude land which could otherwise be included for the purpose of avoiding the requirement, or if such property is permitted to be excluded for good reason, the requirement may still be imposed if com- pliance with the requirement is reasonably necessary to serve the development. (2) In no case shall a final plat exclude land so as to leave a remainder of such size, shape, or location as not to be developable in substantial compliance with the requirements of this Chapter or any other ordinance. (3) Where any applicant seeks approval of a proposed development for land that was subdivided in violation of this Chapter, State law, or any prior ordinance, and the development cannot provide adequate street access, street connections, or substantially comply with any other re- quirement or standard of this Chapter because of the unlawful subdivision, the Commission may refuse approval of the development or plat. (c) Format. The final plat shall be submitted on sheets eighteen inches by twenty-four inches (18" x 24") in size, drawn to a scale of 1 inch a 100 feet or larger, provided that a different scale may be used upon prior approval of the Committee. The plat must be legible to qualify for approval for filing. (d) Contents. The final plat shall contain thereon, or as specified by the Department, accompanied with the plat, the following information: (1) The signature of the owner or owners of the land included within the plat, acknowledged in the form required for the acknowledgment of deeds. (2) The date, scale, north arrow, and key map showing the location of the development in relation to existing E streets and highways, dates of preparations and revi- sions. (3) The proposed name of the development, which shall PAGE 19 acs f i. r Agenda No. 4 Agenda Item Dale 7:1?,-9q 0274W not have the same spelling or be pronounced similarly to the name of any other development located on land within the jurisdiction of the City. Developers of phased developments shall use the same base name for different sections, identified by a section number. (4) The development boundary lines, shown by continuous dark lines of sufficient width to be easily identified, as shown by a survey performed by a registered profes- sional land surveyor describing the boundaries of the development by metes and bounds. The survey shall: a. Locate the boundaries with respect to a corner of the survey or tract or any original corner of the original survey abstract of which it is a part f , (provide a note of description of the location of the survey abstract); b. Describe and locate all permanent survey monu- ments, pins, and control points and tie and refer- ence the survey corners to Texas State Plane Coor- dinate System; and c. Identify the dimensions of the development. d. Identify the city and county where the devel- opment is located. (5) The dimensions of all existing or proposed lots and blocks within the development, identified by letter or J number running consecutively throughout the development. (6) The exact location, dimension, and description of all existing or recorded streets, alleys, easements, and public rights-of-way within the development, intersecting or contiguous with its boundary or forming such boundary. (7) The exact location, dimensions, and description of all proposed streets, alleys, drainage and utility easements, parks, other areas, reservations, easements or other rights-of-way to be dedicated to the public, located within, intersecting or contiguous with its boundary or forming such boundary. (8) All proposed streets or changes to be made in existing streets shall be described with accurate bearings or deflecting angles and radii, area and central angle, degree of curvature, tangent distance and length of all curves where appropriate, and the primary control points. PAGE 20 ril 4 . Agenda No Agenda( Date - / Z q (9) The minimum finished floor elevations for all proposed buildings, if required by the committee. The elevations shall be stated as mean sea level rather than relative. (10) Building setback lines. (11) Signature block of the approving authority (12) All required dedication and certification state- ments. See. 34-17. Construction Plans. (a) Purpose and Applicability, construction plans shall be submitted to the Department for all existing or proposed streets, sidewalks, drainage and utility improvements, and any other public improvements that are required or proposed to be constructed, reconstructed, improved, or modified to serve the development. where the final plat is for property being developed in phases, the required construction plans shall include the improvements specified in the general development plan or preliminary plat to serve the phase being platted. The construction plans are intended to provide for the detailed engineering drawings for all improvementa required to serve the development. The construction plans shall be kept as a permanent record of the City. (b) Responsibility of Project Engineer. The project engineer is responsible for the accuracy, completeness and conformance to city standards. The purpose of the city review is conformance to cit y to ensure y policies and standards. However, the city review is limited to facts as presented on submitted plans. The City takes no project engineering responsibility. The engineer certifying the plans is responsible for the accuracy and completeness of the documents submitted for review and actual construction. The city reserves the right to require corrections to actual conditions in the field which are found to be contrary to or omitted from submitted plans. (c) Format. Construction plans shall be drawn on 22" or 24" x 36" size sheets. Each sheet shall contain no more than two (2) individual improvements, unless otherwise approved by the City Engineer. (d) Contents. The construction plans shall include the following informations (1) General. North arrow, scale, date and mean sea- level elevations of all improvements. The plans shall provide for a reference to elevation benchmark or monumentation used the in development of the plans. The PAGE 21 +gandaNo. 9y 66,0 agendaltem, 47 %te 7- /a U construction plans shall be signed and sealed by a professional engineer licensed by the State of Texas prior to bidding the project for construction. (2) Streets. The plan and profile of streets, drawn with a horizontal scale of 1" = 40' or larger, and appropriate corresponding vertical scale, showing the top of curb grades at 100 foot intervals for straight grades and 25 foot intervals for vertical curves. Typical right-of-way cross sections of streets, sidewalks, and alleys showing the width and typa of pavement, base, and subgrade, the location within the right-of-way, and specific street crown information, including the pavement transition to split curbs, valley gutters, and stormwater inlets. (3) Sanitary Sewer Systems. Plan and profile for each sanitary sewer line showing existing ground level elevation at center line of pipe, pipe size, flow line elevation at all drops, and turns, and station numbers at fifty (50) foot intervals, with a section showing embedment, unless specified or permitted otherwise by the Committee. (4) Water Systems. Plan and profile, when required, of f1 the water distribution system showing pipe siEes and the location of valves, fire hydrants, fittings and other appurtenances, with a section showing embedment. (5) Storm Water Management Systems. Plans and profile, when requested, of all proposed channels, ditches, underground systems, detention areas, and any other stormwater improvements, modifications, or facilities proposed to serve the development. The plans shall specify in detail the materials and sizing for all chan- nels or ditches, stormwater pipes, pipe connections, inlets, outlets, manholes, culverts, bridges and any other drainage structures and improvements. Each improvement shall show the hydraulic data on which the design of the improvement was based. (6) Grading. A grading plan showing the existing and proposed topography in two-foot contours, proposed or minimum finished floor elevations, and the 100-year flood limits, if any. The grading plan shall consist of con- tours and spot elevations with water directional arrows to define the flow patterns. (7) Erosion Control. The location, size and character of all temporary and permanent erosion and sediment control facilities with specifications detailing all on- site erosion control measures which will be established PAGE 22 an. t ~Aendatuo, 9 U- 4peadaiterr~ Date ,30 and maintained during all periods of development and con- struction. Boo. 34-18. Processing Procedure for final Plat and Construction Plans. (a) Submittal. The application and copies of the final plat and construction plans, along with any applicable fee, shall be submitted in the form and number specified by the Department. (b) Committee Review. The Committee shall review the final plat and construction plans for compliance with the require- ments of this Chapter. The applicant shall be afforded an opportunity to meet with the Committee to receive its comments and recommendations on the sufficiency of the plat and plans, so as to allow the applicant to make any recommended or desired changes, corrections, or modifications. Upon completion of the review process, if the construction plans have been approved by the City Engineer and Executive Director of Utilities, if applicable, then the Committee shall forward the plat to the commission along with its recommendation unless approval by the committee is allowed under exceptions provided in TEXAS LOCAL GOVERNMENT CODE S 212.0065, as amended, and this ordinance. (c) Commission Action. Upon submittal of the plat by the Committee, the Commission shall take action on the plat at a regularly scheduled meeting held within thirty (30) days of the date the final plat and construction plans for which approval is requested is submitted to the Department, unless the applicant requests and consents in writing to waive the time deadline for action upon the plat. If the final plat meets all the requirements the Chapter, the Commission shall approve the plat. If the plat does not meet the requirements of this Chapter, tye plat shall be disapproved. (d) Certification by Engineer. Engineering plans showing details of streets, culverts, bridges, storm sewers, water mains, sanitary sewers and all engineering details, other than buildings, of the proposed subdivision shall be submitted to the Committee along with the final plat of subdivision. Such plans shall be prepared by an engineer registered in the state of Texas, and shall conform to the standard specifications of the City of Denton (North Central Texas Council of Governments standard specifications as amended by City for Public Works Construction) relating to such improvements. (e) Expiration of Final Plat and Plans. V.T.C.A., Local Government Code 5481.143, as amended, controls the expiration timelines for plats. Should such subsection be amended, repealed, or interpreted to be inapplicable to the platting process, an approved final plat which has not been filed in the appropriate records of Denton Couniy within two (2) years of PAGE 23 30 r Y r' } t ~endaNo 07 A~endalt DaSe ~ ' q /00q? its approval, shall be considered null and void unless an extension is granted by the Commission for good cause. Sao. 34-19. Simplified Plat Process. (a) Purpose. The purpose of the simplified plat process is to allow an applicant to concurrently submit the preliminary plat, final plat and construction plans to the Committee. This allows for their joint review and approval in those cases where the characteristics of the development do not necessitate the more -letailed and separate submittal, review, and approval procedures. (b) Applicability. The provisions of this article shall apply wherever the proposed development: (1) Is to contain less than twenty (20) lots or is to be less than five (5) acres in size, and is not part of a larger scheme of development; (2) Does not require the improvement of any existing street; (3) Is not proposed to have any internal public or private streets; (4) Does not create the need for any public drainage improvements; and (5) Is to be served by existing utilities already extended across the frontage of the development. I (c) Processing Procedures. An application, preliminary plat, final plat, and construction plans for public improvements, along with the applicable fee, may be submitted for any proposed development which complies with the conditions of this section, If, after review of the application, plats, and plans, the Department determines that the development meets the requirements of this section, the plats and plans shall be processed, reviewed, and approved in accordance with the other provisions of this Chapter applicable to applications for final plats. Sao. 34-20. Recording of Final Plat. Upon approval of the final plat by the commission or the Committee, whichever is applicable, and the construction plans by the City Engineer and the Executive Director of Utilities, the applicant shall submit one mylar reproducible and three (3) paper copies of the plat with all required signatures; a copy of the plat j on a computer disk in a format approved by the City Engineer (unless waived by the City Engineer); and three (3) copies of the PAGE 24 3 T i r 1 ~jendnNo a ' 4yendatt Oate _.Z Z final construction plans, to the Citf Engineer. The City Engineer shall file in the plat records of Denton county, the final plat upon submission of the required copies and the payment of the recording fees. Sao. 34-21. Replotting. (a) Replat Required. Unless otherwise expressly provided for herein, a property owner who proposes to replat any portion of an already approved final plat, other than to amend or vacate the plat, must first obtain approval for the replat under the same standards and by the same procedure prescribed for the platting of land by these regulations. (b) Replatting Without Vacating Preceding Plat. A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that amended. LOCAL SS 212 014 submitted and 212.015, ccordance with CODE replat plat if GOVERNMENT the (c) Procedures. The Commission shall hold a public hearing and consider all replatr3. Replats shall be processed in the same manner as preliminary and final plate. Sao. 34-22. Amending Plata. The Commission may approve and12 ue a asmendin amended. pursuant 21I2.016, ! to TEXAS LOCAL GOVERNMENT CO S Soo. 34-23. Vacating Plata. s (a) The property owner of the tract co•iered by a plat may vacate the plat pursuant to TEXAS LOCAL GOVERNMENT CODE S 212.013. The Commission shall arprove the petition for vacation on such terms and conditions as are reasonable to protect public health, safety and welfare. As a condition of vacation of the plat, the Commission may direct the petitioners to prepare a revised final plat in accordance with these regulations. Regardleo of the Commissions action on the petition, the property owner or developer will have no right to a refund of any monies, fees or charges paid to the City nor to the return of any property or consideration dedicatel or delivered to the City except as may have previously been agreed to by the Commission. (b) Government initiated Plat Vacation. i) General Conditions. The Commission, on its motion, may vacate the plat of an approved subdivision or addition whent PAGE 25 34 l i l 9U-0 A;6!FdaNo r Rgenda~tertl. ~ Date a. No lots within the approved plat have been sold within five (5) years from the date that the plat was signed by the Chkirman of the Commission; or b. The property owner has breached the City's development contract and the city is unable to obtain funds from the Developer's or Contractor's bonding company with which to complete construction of public improvements, except that the vacation to lots owned by the property shall apply only • owner or its successor, or, c. The plat has been of record for more than five (5) years and the commission determines that the further sale of lots within the subdivision or addition presents a threat to public health, safety and welfare, except that the vacation shall apply only to lots owned by the property owner or its successors. (2) Procedure. Upon any motion of the Commission to vacate t,ein hole or in approved pub- addition notice in a newspaper of general circulation in the County and provide personal notice to all property owners within the subdivision or addition and shall also provide notice to the Council. The notice shall state the time { and place for a public hearing on the motion to vacate the subdivision or addition plat. (3) Record of Notice. If the Commission adopts a reso- lution vacating a plat in whole, it shall record a copy resolution of the in the y Clerk's office. If the Commission adopts a resolution vacating aplat inpart, it shall cause a revised final plat to be recorded which ~en shows that that portion h that original a not been vacated. vacated 800. 34-24. Conveyance Plats. (a) Purpose. A conveyance plat may be used solely for the purpose of subdividing lard and the recording of same, or recording a single existing lot or parcel created by other means. A conveyance plat may be used to convey the property or interests therein; however, a conveyance plat does not consti- tute the osubdivi ion and~devel pmentnof plat is an vinterim step development land. (b) Applicability. A conveyance plat may be used in lieu of r final plat n record the s is i five o acres property or e smaller. toat no single lot created A PAGE 26 33. ti 48endaNo AgendaFter~/ _ Date 3 w if/ conveyance plat may be used in lieu of a final plat to record the remainder of a tract created by the final platting of a portion of the property provided that the remainder is larger than five acres and is not intended for immediate development. (c) No final plat processed and approved in association with a conveyance plat shall be filed without the concurrent filing of the associated approved conveyance plat. (d) Effect of Approval of Plat. (1) Conveyance plat approval and acceptance by the City does not relieve the owner from obligations, including fees, required by other sections of this or any other ordinance of the City pertaining to the improvement of the property or extension of services as required to make the property suitable for development. (2) Neither reservation nor dedication of right-of-way shall relieve the property owner from obligation, for street construction or assessments associated wit;z public street improvement programs. Easements, for access, utilities and drainage may be recorded on Conveyance plats. (3) No building permits shall be issued nor development begin, nor permanent utility service provided for land which has only received approval as a conveyance plat. (4) A conveyance plat may be vacated, replatted or superseded in total or in part by a thorough compliance with the procedures and requirements of this ordinance. J Bee. 31-25. Application and Conveyance Plat Regoirenents. (a) The property owner shall submit an application for a conveyance plat, together with other supporting documents and fees, to the Director. Conveyance plate may qualify as minor plats. A conveyance plat shall include all the following information: (1) The boundary lines with accurate distances and bearings and the exact location and width of all existing or recorded streets intersecting the boundary of the tract. (2) True bearings and distances to the nearest estab- lished official monuments or state plane coordinates, which shall be accurately described on the plst; munici- pal, township, county, or section lines accurately tied to the lines of the subdivision or addition by distances and bearings. r PAGE 27 t I 31 r AovdAo Apidalt We. (3) An accurate location of the subdivision or addition with reference to the abstract and survey records of the County. (4) The exact layout including: a. Street names (if known or proposed). b. The length of all arcs, radii, internal angles, points of curvature length, and bearings of the tangents. C. Easement, and rights-of-way specifying their provision by dedication or reservation. d. All lot numbers and lines with accurate dimen- sions in feet and hundredths of feet and with bearings and angles to street and alley lines. (5) The accurate location, material, and approximate size of all survey monuments and corners. (b) The accurate outline of all property which is offered for dedication for public use with the purpose indicated thereon. (7) Proposed name of the subdivision or addition. (S) Name and address of the property owner. j (9) North arrow, scale, and date of preparation. (10) Certification by a Registered Professional Land Surveyor to the effect that the plat represents a survey made by him and that all the monuments shown thereon actually exist, and theic location, size and material description are correctly shown. (b) Other Documents Required. (1) Certificates to properly dedicate easements or rights-of-way as bay be necessary. (2) Construction plans for public improvements if street, utility or drainage improvements are proposed by the owner. construction plans, easements, and dedica- tions as appropriate shall be submitted concurrent with the conveyance plat or any subsequent replat. The construction plans, if any, shall be prepared by or under the supervision of a professional engineer registered in the State of Texas and shall bear his seal on each sheet. PAGE 28 35- + -qQ ~endaNo_~31~---- Awda~l,_~- We ~ (3) A certificate of ownership and dedication of all street and alley rights-of-way to public use forever, signed and acknowledged befot3 a Notary Public by the owner and lien holder of the land along with complete and accurate description of the land subdivided and the streets dedicated, where applicable, except as provided in Section 35-24 c.(4)(b). (c) Acknowledgment to be placed on plat. All conveyance plats must be titled "Conveyance Plat" and carry the following f wording: "A conveyance plat is a record of property approved by the City of Denton for the purpose of sale or conveyance in its entirety or interests thereon defined. No building permit shall be issued, nor development begin, nor permanent public utility service provided until a final plat is approved, filed of record and public improvements are accepted in accordance with the provisions of the Subdiv- ision and Land Development Regulations of the City of Denton. Selling a portion of this property by metes and bounds, except as shown on an approved, filed and accepted conveyance plat, final plat or replat is a violation of the City ordinance and State Law." Seo. 34-26. Standards for Approval of Conveyance Plate. (a) Access. All tracts,. parcels, lots or sites created by a conveyance plat shall have frontage and access to an existing or proposed public street. (b) Reservation of Rights-of-Way. Conveyance plate must prov..de for the reservation of future rights•-of-way of planned roadways. Right-+:f-way reservation acknowledges the future obligation to dedk:ate right-of-way for public thoroughfares and streets specified on the City's Thoroughfare Plan, an approved preliminary plat, or approved General Development Plan. Reservation of the right-of-way does not grant any right or interest in the property to the City or other entity. The final alignment may be adjusted upon final platting in order to meat engineering design standards. (c) Dedication of Rights-of-Way. Dedication of right-of-way shall be required where a conveyance plat is used to record the remainder of a tract created by the final platting of a portion of the property. The required right-of-way dedication shall be limited to that which is necessary to provide access to the property proposed for final plat approval and to complete turn lanes, intersections and transitions in road pavement width re- PAGE 29 I ~endaNo a~ 1 aGendaltE ~7 sulting from development of property proposed for final plat approval. 8e0. 34-27. Approval Procedure for conveyance plate; piling. (a) Conveyance plats shall be approved provided they comply with all appropriate ordinances and the Master Plan. The Commission must approve, approve with conditions or deny a conveyance plat no later than 30 days from the date of appli- cation. If denied, the Commission shall provide a written explanation of the reason for denial if requested b A at the time the decision is rendered. If the Commissionlfalls to approve or deny the application within 30 days of the official submission date, the conveyance plat shall be deemed bepreviowedAandnactedcuponabygtheiORCng as a minor plat shalt (b) Signing and Piling. After the approval of the conveyance plat by the Commission or Committee, the property owner or his engineer shall submit filing fees and the required number of copies for filing to the City for filing with the county. Having submitted all copies and fees, the owner may request a delay of filing for up to 180 days from the date of approval. Any conveyance plat which has not been filed with the County within 181 days of the date of approval to filing with the County, the property ownerlmay withdrawrand void a conveyance plat. Any conveyance plat withdrawn or voided must be resubmitted under current regulations and procedures and reapproved by the Commission or Committee and filed with the County. Prior to filing, the chairperson of the C endorse ommission or the Committee, whichever is applicable, shall the recordedaconveyan a platcowilnveyance py of the be forwardede o e owner by the City Engineer. to the property 8e0. 34-28. Development plats, (a) Any person who proposes new development of a tract of land located with the corporate limits or within Division 1 of the City's Extraterritorial 3urisdiction, and is not required by this chapter to prepare a preliminary or final plat, shall prepare a development plat in accordance with elements required for preliminary and final plats by this chapter unless: (1) the development is excepted under Sec. 34-8; or (2) the development is an addition or alteration to existing development which after development would result in development no less complying with the code of ordinances than before the development. i (b) Development plats shall be processed in accordance with Texas Local Government Code SS212.041 - 212.050 and no new PAGE 30 i i Agenda No AQe~Galt 7 1 oats J~ 9~ development may begin on property until the development plat is filed and approved by the City in accordance with such sec- tions. (c) Development plats shall be labeled "Development Plat for Addition." Sec. 34-29. Annexation policy. (a) it is the general policy of the city of Denton to assess on a case-by-case basis the annexation of areas in the extra- territorial jurisdiction (ETJ) when significant developments are proposed, occurring, or likely to occur in the near future. (b) The following are guidelines for determining when annex- ation study should be considered: (1) Single family developments over five lots; or (2) Multi-family, industrial or commercial developments over one acre; or (3) Any area where the density exceeds 500 units per square mile; or (4) Any development or area that might have a signifi- Cant impact upon the City, including but not limited to service costs, increased traffic, drainage impact, utility needs or utilization, safety or health hazards. When any or all of the above conditions exist, City stiff shall review the proposed development for the purpose of considering annexation. The review shall also include consideratic,n of the annexation of logical planning areas around the area cf initial concern. (c) Guidelines for scope of study. In studying the questions of whether or not an area should be annexed, the following criteria shall be considered at a minimum: (1) The ability of the City to furnish normal city ser- vices equal to other comparable areas inside the City limits. Water and sewer system capabilities are consid- ered, but lines for individual areas are normally not the City's financial responsibility. (2) The reliability, capacity, and future public cost, if any, of current and planned provisions for community facilities such as roads, drainage, utilities, etc. Private facilities will be considered. PAGE 31 endaNo._.- A9 Agea _ daltem Date ~.1 ~ L (3) The need and quality of land use and building con- trols. Private controls will be considered. (q) impact on the City, both current and long range, including at a minimum: a. Fiscal cost and benefits; b. Traffic; c. Infrastructure of roads, utilities and other community facilities; d. Safety or health; e. Building or development quality; f. Aesthetic quality; and g. community character. City. with (5) Conformance with or need to thy officially adopted master plans ensure of the conformance Goo. 3e-30. Annexation procedures. (a) If, after preliminary study, the above criteria indicate annexation is appropriate in order to promote or protect the public interest, then the City will initiate formal annexation proceedings to consider the annexation question in detail. I (b) If a tract of land in the extraterritorial jurisdiction is contiguous to the City limits and the owner of said property desires that it be annexed in order to be qualified to receive City services when av enable the City afor fforded zoning protec- tion, the owner may p (o) Study and annexation procedure. (1) Based upon guidelines for initiating study, the staff shall initiate a preliminary assessment of the area for possible annexation and present the results to the City Council. The City Council will review the study results and other information and make a determination whether or not formal study and public annexation proceedings should be initiatedt~earings and (2) If formal public hearings are initiated, the Plan- ning and makeg a Commission to the City Council. PAGE 3l j AgendaNo Agendalle Date 1/0 (3) The City Council will then consider all recommenda- tions and public comment during the prescribed public hearings phase, and make a determination whether or not to initiate formal annexation proceedings. (4) Formal annexation proceedings are executed, if applicable. Boo. 34-31. Annexation Pees. Any person, firm or corporation who shall petition the City for annexation shall pay to the department of planning and community development a fee in an amount determined, and as from time to time amended, by ordinance of the City Council. The fee shall be based upon the administrative expenses of the city in reviewing such petitions. A true and correct copy of the current ordinance establishing the fees shall be maintained in the department of planning and community development. Sao. 34-32. Development standards and requirements in the extraterritorial jurisdiction. (a) The extraterritorial jurisdiction of the City of Denton is classified into two (2) divisions as indicated on the map on file in the Department which is made a part hereof for all pur- poses. Division 1 is that area located within the regulatory line reflected on the map referenced above. Division 2 is that area on the mar located outside the regulatory line defined in Division 1. (1) w,i of the provisions of this Chapter governing subdivision and development standards for subdivisions J within the City shall apply to all subdivisions and `--J developments within Division 1. (2) The subdivision and development standards of the County of Denton, as such standards exist today or as they may hereafter be amended, shall apply to all subdivisions and developments within Division 2. The approval of plats by the City for subdivisions and developments in the extraterritorial jurisdiction comprising Division 2 is not required and such subdivi- sions and developments must comply only with development or plat requirements of Denton County and state law. (b) The Department is directed to consider amendments to the regulatory line map whenever the certificate of public conve- nience and necessity for water and wastewater services is amended by the State, the Greater Denton Planning Area as defined in the Denton Development Plan as revised, or when directed by the Planning and Zoning Commission and City Council but such amendments shall not be effective until the revised PAGE 33 NU• I ~enoano ~ agenoaitem 7 {Jets regulatory line map is approved by the City Council. 880. 34-33. pre-Construction phase procedural requirements and policies. Requirements t be ne* befnrn a~ begins. No development, construction, improvements or modifications of build- ings or land to which this chapter applies shall begin u:itil and unless the requirements of this section and Section 34-34, and any other applicable ordinances are met, (1) Filing of an approved final Fiat. An approved final plat must be filed in accordance with the provisions of this chapter. (2) Preconstruction conference. A preconstruction conference between the owner, prime contractor, project engineer, the City Engineer, the Executive Director of Utilities and franchise utilities is required to review the proposed improvements to be made and the requirements of this Chapter. 8so. 34-34. Development Contract Required. (a) For all developm.nts in which streets, drainacye facil- ities, water or sewer lines or other improvements are to be constructed and dedicated or conveyed to the public, a develop- ment contract is required to ensure proper construction and j completion of the improvements and payment is made therefor. (b) Three (3) executed copies of the development contract, along with any required bonds, escrow agreements, insurance engineeraonsfoor other rms approved by or provided ubyithed City h and city executed by the City Manager prior to the development being approved for construction. see. 34-35. Contents of Development Contract. The development contract shall be in a form and contain pro- visions deemed necessary by the city engineer, as approved by the city attorney, to ensure proper construction and completion of the improvements, payment is made therefor and compliance with the provisions of this chapter. The contract shall contain but not be limited to the following provisionst (a) Description and coat. A description of the improvements, their location and the contract price thereof or, if there is no contract amount yet determined, the estimated cost thereof certified by a registered engineer and approved by the City Engineer. PAGE 34 ~g~dtNo ,9~.7~ Apendal(e 7 ~ Date 7' yacyw, (b) Specifications. That the improvements will be constructed in accordance with the provisions of this chapter and the standards and specifications applicable to the City0s public works projects. (c) Inspection and ordere. That the contractor and subcon- tractors will cooperate with and abide by the orders of the City Engineer, Director of Utilities, and City Inspectors in constructing the Improvement. (d) Insurance. That the owner or contractor will comply with the insurance requirements applicable to the City's public works project and provide certificates evidencing such insur- ance coverages to the City Engineer. (e) Performance Bond. That the owner or cot.-tractor shall provide a performance bond as required by V.T.C.A., Government conformance edition 2253.021 and in Specificationsh fore Pumost blic Works Construction adopted by t%e North Central Texas Council of Governments (NCTCOG), as amended by City, in 'ch,; amount of 100% of the cost of constructing the public improvements. The bond shall be furnished on the form provided by the City of Denton which shall include a provision insuring the repair and replacement of all defects in the improvements due to faulty materials and workmanship that appear within a period of one (1) year from the date of acceptance of the improvements by the comcity. The authorize4mtocdo business l in bthes State by Texas bonding acceptable to the City of Denton. If the cost of constructing the improvements is less than a $1000000 and the owner or de- veloper desires building permits to issue prior to the improve- ments being accepted by the City, the City may execute an escrow agreement with the owner or developer. Cash money in the amount of the cost of completing the improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent pursuant to an agreement, the form and pro- vi,:ions thereof to be approved by the City Engineer and City i.ttorney, to insure completion of the improvements. (f) Payment Bond. That the owner or contractor shall provide a payment bond as required by V.T.C.A., Govrinment Code g 2253.0211 as amended, in the amount of 100% of the cost of con- structing the public improvements. The bond shall be furnished on a form provided by the City of Denton and shall be issued by a bonding company authorized to do business in the State of Texas and acceptable to the City of Denton. (1) If the cost of constructing the improvements Is less, than $25,000, the payment bond may be waived if building permite are not issued prior to acceptance of the improvements. PAGE 35 I ~,gendaNo l Agendalte _ Date 7- - ! (2) If the cost of constructing tha improvements is less than $25,000 and the owner or developer desires building permits to issue prior to the improvements being accepted by the City, the city may execute an escrow agreement with the owner or developer as referenced in subsection (e) above. (g) Requirements of Sureties. That the requirements for sureties to issue bonds and the standards for additional or substitute bonds as set forth in NCTCOG standards referenced above are incorporated into this section for all purposes and shall be controlling in all aspects unless in conflict with the terms set forth in this section. Saco 34-36. Miscellaneous Documentation Requirements. (a) Affidavit of Contractor. The City Engineer may require the Owner or Contractor or both to furnish a list of all contractors and subcontractors who performed labor on or persons supplying material for the improvements and require a written release of all claims from any such person prior to acceptance of the improvements if surety bonds are not appli- cable. (b) Occupancy. That the owner ,`hall not allow any purchaser, lessee or other person to cncupy any buildirg within the development until all improvements are accepted by the City; that upon violation of such restriction, the City may take whatever action is lawfully necessary to restrain such occupan- cy. goo. 34-37. Construction Requirements. (a) Construction Inspection and Acceptance. The developer shall cause his engineer to design, stake and help interpret the plans during construction of improvements and shall cause his contractor to construct the improvements in accordance with this chapter and engineering plans. The approved engineering plan shall be so marked on the face by the city engineer. When (1) the improvements are found to be installed and completed in accordance with the plans and specifications as certified in writing by the city engineer (2)a sepia set of as-built plans has been received from developer acceptable to the city engi- neer, (3) a letter of the contractor's compliance with this chapter has been received by city, then the city engineer shall receive and approve for the city the title, use and maintenance of the improvements. The city engineer shall be required to inspect fully any and all phases of the construction of improvements for subdivisions. The subdivider or his contrac- t for should maintain daily contact with the city engineer during construction of improvements. No sanitary sewer, water or storm sewer pipe shall be covered without approval of the city PAGE ]6 X43. i l 4jendaNo. Agendallem,,~ Oo1e engineer. No `lexible base material, subgrade material or stabilization shall be applied to the street subgrade without the approval. No concrete maybe ur The city engineer may surface applied to the base without app any time cause any construction installation, maintenance thor location or e requirements imnts to cease when, in his ofpthismchapter or the standards and specifications as herein- before or other work asimaytbe necessary to correct any Kuch violation. (b) Cost of improvements and City the Participation. applicant, at his required improvements shall be made by pp expense, according to the officially adopted master plans, nve without reimbursement by rovision; of ethiso chaptern&a rayzbe expressly participation p expressly authorized by the city council and paid as funds are available. (This subsection provides general participation policy and procedure; the general design standards of division 3 of this article provide specific conditions for oversized participation in water, sewer and streets.) Reimbursement shall be rebased on quired by the city. The city will participate costs facilities a in the cost of any water line having an inside diameter greater than eight (8) inches and of any sanitary sewer line having an inside diameter greater than ten (10) inches if not required by the development. Any requests by the developer for payment i shall be made in writing and shall be presented to the director The of public utilities or to the city engineer for of with his city engineer shall present payment, tosthe ncityacouncil for final recommendations for paymaym approval. (e) Subdivider to Extend Mains to subdlvlsions. if the existing city mains and/or streets are not within or adjacent to a subdivision, the developer, unless exempt, shall construct the necessary extension as specified in this chapter. These with vains/streets shall constructed hese facilitieseshallnbe in public caster of the city. T . Such casements, plan an o oements, secured and paid for by the developer easements must be recorded as required by law before service is oxtendeO to the subdivision. in cases where easements cannot be secured, the developer may petition the city to authorize condemnation proceedings. However, the developer will be l counsel and liable for any cost associated with retaining thea condemnation to expert witnesses necessary for procedure execute to be contract followed,with the City that shall e provide and shall For the city to consider (1) Criteria for Extensions. using condemnation authority for assistance to extend W.GE 37 yLA. 4 i S agendaNo 0 a Agenda] t 7 Elate 7-/ Z' 4( 4s01~ mains to a subdivision area, a clear evidence of public need and interest must be shown by the applicant. The following criteria are presented as guidelines in considering such public need or interests a. The proposed extension must be in accordance with the officially adopted master utility plan. b. The proposed extension must be such that it will be able to serve other development areas. C. The proposed extension must be supportive of the city development guide. d. The proposed extension will substantially help the overall city economy. For example, it will serve a uew plant that imploys over fifty (50) people. e. The proposed extension will help alleviate a critical community need. For example, it would open an area for low-income housing that would not otherwise be provided. f. The extension, if for immediate health rea- sons, can be construed as an overwhelming public need. i (2) Review Procedure. The applicant for such requests must present a written application justifying public need and interest. In addition, the applicant must present written evidence that he has made every practical attempt to secure needed easements. This evidence must include an appraisal by an independent fee appraiser as to the current market value and damages, if any, of the easement and documentation that an offer has been made of at least the amount of the appraisal. such application shall be forwarded to the chairperson of the development review committee for review and recommendation. Upon notice of such application, the city, at least ten (10) days prior to the hearing, will notify all property owners within the proposed easement line and two hundred (200) feet therefrom. A hearing of facts by the public utilities board and planning and zoning commission with recommenda- tion to the city council will be required. Determination of the city council will be final. (d) Construction Requirement before Issuance of Building Permits. The city engineer, at his discretion, may authorize building ppermits within the subdivision if a development contract is executed and the following condition is mete unless otherwise provided for in the development contract, PAGE 38 X15. ~eodaNo y"0,2~ AgeldalterA Date yb adequate water installation and all-weather fire lanes or roads must be complete to ensure adequate fire protection. $FCTION ii. That chapter 34 of the Code of Ordinances relating to "Subdivision and Land Development" is hereby amended by adding to Section l entitled which hereafter shall read as subsection (17)entitled "Sidewalks Streetslt follows$ (f) Delay of Sidewalk Construction. Should the public im- provements required by Stec. 34-34, other than sidewalks, be completed by the contractor and developer and the cost of constructing sidewalks is $2',000 or less, as determined by the City Engineer, the Developer may, in lieu of constructing sidewalks along the frontage cif residential (single family or duplex) lots in the development, deposit cash money in the amount of 110% of the cost of ccmpletIng the sidewalks with a bank in Denton County as escrow aae,;i pursuant to an escrow agreement. The form and provisions of the ,F,-zow agreement shall be ap- proved by the City Engineer and City Attorney to insure the completion of the sidewalks within three (3) years of the acceptance by the City of the other public improvements. The escrowed funds will guarantee the construction of the sidewalks by the builders in the development. If the sidewalks are not completed by the builders and accepted by the City within this three year period, the Developer shall complete the construc- tion of sidewalks in the development and the escrow funds shall to of the complete sidewalks the Deupon veloper acceptance by the released City. Should Developer sidewalks when directed by the City to do so, the City shall utilize the escrow funds to complete construction. No addi- tional building permits will be issued in the development until all sidewalks are completed and accepted by the City. A builder or owner of improvements upon a residential lot shall not be granted occupancy until the sidewalk in front of such lot has been completed and accepted by the City. Should a sidewalk along the frontage of an entire block of residential lots be completed and accepted by City, the proportional amount of the cost of the sidewalks completed on such block as such cost compares to the total cost of sidewalks to be completed in by the the escrow agent en This aprovision lissan exceptionetolthe rrequire- ments of Section 34-36(b) of this Chapter. $FCION I11. That Chapter 34 of the Code of Ordinances relating to "Subdivision and Land Development" is hereby amended by repealing Section 34-127" entitled "Development on existing lots that were previously approved by the City." PAGE 39 HU Agenda No Agendall Date r I SECTION IV. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the vali- dity 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 V. That any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION VI. That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION VII. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: I PAGE 40 c ~0 9u'a k I I►penoaii Attachment 4 Dail CITY of DEMTON, TEXAS MUNICIPAL BUILDING / 216 E. McKINNEY / DENTON, TEXAS 76201 DATE: July 12, 1994 Mayor and Members of the Denton City Council T0: } Executive Director of Planning FROM: Frank H. Robbins, and ~ 1 Development SUBJECT: Revision to Development Fee Structure. 1 Attached are proposed changes to the city's development fees. These proposed changes are being recommended based upon the following: (1) Denton's development fee structure can more precisely be defined to relate fee rates to development review cost. Research has shown that other north Texas cities feesstructures based on more appropriate For instance, a per lot rate rather than an j acreage rate for plats. (2) Many of our fees have not been adjusted since 1983. (3) Development fees do not cover the cost of devel- opment review. (4) Fees for new types of plats which are being proposed. The recommended fees are °thedifeee methodologies timplemented aby service delivery a do not meet actual costs and of several north Texas cities. The fe rs e ate. The amount of revenue revenue is not increased in the agg g the same as now generated by the proposed fee structure is roughly received. ultimate the expenses incurred in the development pro- cess. cess. structure are illus The proposed adjustments to the development fee - traced on the enclosed five attachments: ti•7 Pepe 1 01 2 ' 8111666-8200 01FW METRO 434 2629 a:' 3 1 A' F +geedeNo ageodalt Cate Attachment 1: Table of Current Fees Versus Proposed Fees `7 A comparison of current City of Denton fees to pro- posed fees, illustrating the increased sensitivity to the actual costs of review. Attachment 2: Average Person/Hours Taken Up by Develop- ment Review A breakdown of staff members and staff time spent per development request. The figures are based on the average time spent per development review function. This document is an approximate measurer how- ever, it better reflects the time/cost basis of fees than the consultant study conducted in 1981. The research shows that current and proposed fees do not match development review costs. A consideration in rais- ing the fees to actual cost is the political ramifica- tions of such a move. Regionally, Denton could have one of the highest fee schedules if fees were more closely related to actual costs. Attachment 3: Proposed/Current Revenues Based on 1991 Development Activity A comparison of revenues generat- ed by the current and proposed development fee schedules, based on 1991 development activity. The data reveal that the new fee structure would generate about the same revenue. Attachment 4: Comparative Schedule of Fee structures Denton's current and proposed fees are compared to those of seven north Texas cities. The methodology of each { fee, based on a realistic appraisal of land use, is shown. The proposed changes are intended to make Denton's fees more comparable to those cities. The fee structure was presented to the Local Affairs Committee of the Chamber of Commerce, the Some and Apartment Builders Associa- tion, and members of the Board of Realtors. The review process included review and recommendation and a public hearing by the Planning and Zoning Commission in 1993. Staff recommends adoption of the new fee structure in conjunction with the subdivision regulations revisions. The new fee structure includes new types of plats proposed in the proposed Subdivision and Land Development ordinance. i Attachments: 1. Current and Proposed fees. 2. Processing cost estimates. 3. Revenue estimates. 4. Comparison to other cities. 5. POZ minutes. 6. Draft ordinance. AOD02M Pepe 2 of 2 4a. Attachment i CHART OF CURRENT FEES VERSUS PROPOSED FEES a AMACS ~s r $LMTILwr t rnGmfeul PW, raw P W w Siff pct =200 iP cof Daa1u Von t4" M 21.00 ~ Cemrgtpn PW s + w'eex 1122 5200 + SMW EnA?N, 1 1 CWertm PUL eons AJI Other Ueeti 3150 $200 + SIUM hrIM .70 O PnllelWarl of rod RrrW 0.3 b4: $250 sr am fac.ka URN stA0 3 + low 11150 1200 + stool brsAM90 AD Other ceec r< + w 3430 1200 + 110Ao1 hn481170 M1oor PLY (y sum Done 1200 + %lot 29,50 hw O $701.10 Ol CemM DenkTaeW rku to be !=4!s pin 1200 f 10hcrK 3SS0 hal -Q numed Cean1 tamd SlWdr s + e sns tiie{mam of $100 $591.01 vaatlea *(MM SOS ("me) No Champ Amrodkog PW $300 (Uwe) No Cheap vwuz" to sadhwAv Re/a6tks SOS (came) No Chine rndaly7 Cod""" 1175 $200 2200 hn! $530.11 Am uatka (ka shr s wee) so $500 30 25 W $111.13 Aamu We (S wee w eon) $230 5500 302S W $741.12 RlmkWe laWsr! DU* Wd" 565 (uee) No cmw Spedfk Uw recall 5800 $1000 + S50hae 5150 W $1290A2 Zodq Cbaeep Case dna s aou) Saw 6830 5475 hn,J 11219.7) Zoaj%CLaipe (s was w men) $1100 (ume) No cuw , Dawaady SO (eon shag an acres) 5650 53.75 kq \ 5+00 ((he Darn or ka) $1219.72 taWlwyt" Yen" s30 (UM) No cuw L(XW. w rammed Ahrwamed $l00 ("me) No Cbu p Ahemk taadba" no eooe sew 10.25 Mi $251!6 Zoedey vertfkalka tatlw Door 1 SS per cite 1.75 fecal $96.77 run d Derr Dw- Waite! Site Plat $1000 + $30 Km (Uwe) No Mote MM tau) PMam4 Dent aW: CeaerW Coampt $300 + 12SAM (MM) No chop w Deeebpmew rise (53000 mac) Mbw Ameadmed r DeW W flea w 1175 CUM • wept for 150 fee Jf No Cbaep sped & Uw Perak done admiAMMLM ) GkrAkM of Ise k Plel s0 $50 1.23 MW $!05.90 rakwlM of am for reamed Derr $115 1103 125 hnl Delx&4 nu 110590 5c2 I l Attachmoat 2 ADendall 7 Wale AVERAGE HOURSMERSOY OCCUPIED BY DEVELOP&JEYT REVIEW (Does not calculate time spent on thorn fees not being changed.) Devt)opment J ')till!~J~j7~. 9m MMw Plat of <5 ac. Euec. Dir. of Plan. 135.89 1.00 Urban Planner 16.90 5.00 Secretary (Plan.) 9.59 2.00 Planning Tech 13.48 3.00 Eng. Tech. 11 13.48 2.00 Eng. Tech Supv. 21.20 0.50 j Seclor Eng. Tech 15.09 2.00 39.84 Dir. of Eng.lTran. 30.77 0.50 20.31 Fire Prot. Eng. 1&93 1.73 43.73 Sr. Civil Eng. 23.75 430 140.96 Pub Planner 18.93 0.75 18.74 Bu0ding Official 23.75 1.00 3135 Eng. Admn. (wA*) 2660 0150 26.33 Eag. Tech. I (w1w) 10.74 4,00 56.7E Ea& Adorn. (Elc) 2&60 1100 35.11 Eag]aeer (Elec.) 1&93 1.50 49.98 TOTAL 31.00 $72&98 Plat of S+ ac. Euc. Du. Of Plan. 135.89 I-W 54737 Urban Planner 100 5.00 111.54 Secretary (Plan.) 939 2.00 23.32 R Planalag Tech 13.48 3.00 5338 Eng. Tech. 11 13.48 4,00 71.17 Eng. Tech Supv. 21.20 Mo 13.99 Senior Eng. Tech 15.09 2.00 39.84 Dir. of EnWran. 30.77 030 20.31 Fire Prot. Eng. 1&93 1.75 43.73 Sr. Clvfl Ent 23.75 6.010 18&10 Pub Planner 1&93 0.75 1&74 Bui3diog OmcW 23.75 1.00 3135 Eng. Admit. (wM) 26.60 0.50 17.56 Ea& Toch I (w/v) I0.74 too 5671 Eng. Adorn. (Ek) 26.60 1.00 35.11 F~gtnecr (EW-) 1&93 1-SO 37.46 3430 581370 A2.1 5 t. R i i aQ9raN0 r6-Aar, Agendal 7 r r L f 06 TIeVlZOjflri4'Ot , ~~-hiS ~t~ ' $i~la lp,`*' dr 1 it~~yD{~&(d~ }t. ~ a 5 ~J s~ Action c. w MldpolllEF ,E a t • •►14r y n v 3~r7r .t I General Exec M. of Plan. $35.89 0.50 $23.69 Development Urban Planner 16.90 5.00 111.54 Plan Secreury (Plan.) 9.59 200 2332 Ptanning Tech. 13.48 1.50 2669 Fag, Tech. li 13.48 2.00 35.59 Eag. Tech. Sup. 21.20 0,50 13.99 Serix Eng. Tech. 13.09 2.00 39.84 Diu. _t Eng4Trsn. 30.77 a50 20.31 Sr. CH Eng. 23.75 3.00 94.05 Parts Planner 1&93 0.25 6.25 Bur &I official 23.75 0.50 ISM ' Eng. Admn. (w/w) 26.60 0.75 26.33 Eng. Tech. I (wM) 10.74 4,00 X71 Eng. Adma. (E1c.) 26.60 1.00 35.11 Eaglam (Elec.) 1&93 2.00 49.9& TOTAL 25.50 $581.08 Predesign Exec. Dir. of Plan. $35.89 0.50 $23.69 Conference Urban P!anner 16.90 5.00 111.54 So=ury (Place) 939 1.50 18.99 Planning Tab. 13.48 0.50 &90 Eng. Tab. ii 13.48 2.00 35.59 Eng. Tech Supv. 21.20 1.00 27.98 Senior Eng. Tech. 15.09 0.50 9.% Dir. of E4Wmn. X77 0.50 2031 Fire Pron. Eng. 1&93 0.25 6.25 Sr. C" Erg. 23.75 4.50 141.08 Path Planner 1&93 0.25 6.23 Binding Official 23.75 025 7.84 Fag. Admn. (w1w) 26.60 0.50 17.56 Eag. Tech 1(w)W) 10.74 2.50 35.44 Eng. Adma. (Elc) 26.60 0,25 &78 Engineer (Elec.) 1&93 200 49.99 TOTAL 22.00 5530.14 Annexation of 6oec 1*• of Plan S3589 200 594.75 ; <5 ac. Sr. Planner 1&93 16.00 399,80 Secrwry (ML) 939 200 2532 Planning Tab. 13.48 3.50 62.28 Ea` Admo. (w1w) M60 0.75 2633 Eng. Tech. I (wlw) 10.74 1.50 31.23 Eng. Admn. (Elt) 26.60 0.75 26.33 Engiaeer (Elec.) M93 IIS 21.27 Sr. Eag, Tech 15.09 200 39,83 Eng. Tech. Supv. 21.20 0.50 13.9 I (O pAj, 30.25 5741.13 A2.2 5a. I P r t i ~a0WN0 ~ AQ911d3itbil oft 91 Mid N, 7%1 Annexation of Fj 535.89 200 S+ ac. 1690 I E91.7S .9.59 6.00 399.80 Planning Tech. 13.48 200 25.32 Eng. Adma. (wtw) 2660 0.75 5 62.28 Eng. Tech. 1(wAv) 10.74 26.33 Eag. Admn. (Ek.) 26.60 1.50 31,23 Ea 0.25 26.33 Sr.pE.aneer ech) 18.93 1,23 21.27 En g. Tech T. Supv. 2Is.09 2.00 1.20 0.50 3983 ~ 13.99 TOTAL 30.23 $741.13 rspecific F~ec Dir. of Plan 535.89 Urban Planner 1690 3~ 51/212 mit Urban Planner 16.90 16.0 356.93 50 22.35 Secretary (Plan.) 9.59 1250 Planning Tech. 13.48 8.00 31.35 Eng. Tech. 11 13,48 14235 Senior Eng. Tech. 15.09 200 35.61 Dlr, of Eag.lltao. 30.77 1.00 19.92 Fite Prot Eng 1893 1.00 40.62 Sr. Civil Eng 23.75 250 6217 Building Official 23.7S 6'3 18810 Eng. Admit. (wPow) 26.60 28 1&38 Eat Tech. I (w/w) 10.74 0.~ 17.06 Eng. Adorn. (Ek.) 26.60 6'~ 85.06 Engineer (E.k+c.) 18.93 0.50 1736 zoo 49.96 Zoning ExM Dir. of Plan. $35.89 200 5693 change of <5 Urban Planner 16.90 1600 3 356.93 Urban Planner 1690 ac. 5.00 Planning Tech) 13.48 250 31.65 DOr. of EaVTmnL 30.77 8'0 142.35 Sr. CM Eog, 23.75 1.00 8.62 Eng. Tad 11 13.48 6.0 18810 Sr. Eat. Tech 15.09 12.00 35.92 Building OfW..A 23.75 .75 19.92 Eng. Admit. (w/w) 26.60 1. 54.86 Eng. Tech I (wily) 10.74 050 ~ 11.56 Eng. Admin. (EL) 26.60 6'~ 83.06 Engineer (E1oc,) 18.93 0.50 57.56 Fire Prot Eng. 18.93 250 6211 will TOTALL S2.7s 51219.73 A2.3 53. i ~ptmdeNa_ ~1-O~~ _ aoendalt . T_ 0a10 2 *6 DlYiTo RS t Fan y~, y 1 dZoning Dir. of Plan. $35.89 2.00 $94.75 change of S an Planner 16.90 16.00 356.93 ac. + Planner 1&90 1.00 22.31 Secretary (Plan.) 939 250 3145 Planning Tech. 13.48 &00 14235 Dlr. of EnVTrans. 30.77 1.00 40.62 Sr. CIA Eng. 2335 6.00 18&10 Eng. Tech. 11 13.48 2.00 35.61 Sr. Eng. Tech • 13.09 1.00 19.92 Building Oftldal 23.75 54.86 EnS. Admh. (w1w) 26.60 0.50 1756 JFFIr n g. Tech I (wM) 10.74 6.00 9546 g. Admin. (EI.) 26.60 0.50 1756 lincer (Elec.) I&93 200 49.98 e ProL E ng. l&93 250 6247 'TOTAL $275 51219.73 Alternate Exec Dir. of Plan. $35.89 0.75 MM Landscape Urban Planner $16.90 &00 l7&46 Plan Secretary (Plan.) S9.59 Sr. CM En 1.50 18.99 Eng. Tech. 11 $13.49 0.50 IS68 0 &90 TOTAL 10.25 $25756 i Zoning Urban Planner $16.90 3.00 $66.92 Verification Planning Tech. 13.48 1.50 26.69 Letter Secretary (Ptah.) 9.59 0.23 3.16 TOTAL 4.75 59671 Ext. of time Exec Dlr. of Plan. S35.89 0.25 511.84 for plat or Urban Planner 16.90 200 4462 Det. Plan fie" (Ph&) 9.39 0.25 3.16 Sr. Chill Eag. 23.75 1.23 39.19 Eag. Tech. I (wIw) 1174 0.50 7.09 TOTAL. 4.25 S10d.90 i I i A24 _i 5~ . I l' 1 ~ I t, t I A }1 apendaNo /rA, ,•/V'7 j Attachment 3 ~pendalteA Zep 07 0 9,40 REVENUES BASED ON 1991 DEVELOPMENT A~TY PROPOSEDICURRENT ~Tq rtw NUMIER CL'Ri,SVT?a ►ROPOM199 pnominapriot wrlnalPlat 31 $1635000 11301300 lacladlnl RrrlaY Moor fkY (edminlArallrf) NONE $000 $000 Cloenl Derebpmtal Ma NONE 10.00 $0.00 Vacatbao!►k( 3 $52so0 f525oo Aarodlq Pill l 320000 120000 1 Varlaeu 4 SaDd{.Ybn Rtlvlatbm 2 1350,00 535000 ►redeslla Coalenxs 23 ' $4900,00 ' 55600.00 Anwntka Ilea than s acres) 0 $000 $000 Aaotnlbe (S act" w mom) l sDo00 5500.00 SpeckntUss?*MR 3 $260000 $315000 1401al Cbaar (kn than S aces) 3 12400.00 1235000 Zoa4y Clnyl is wres of non) 1 11100.00 11 t00.00 Dowaaoelnl 5 $60000 5423000! 1,aawply►ttmN 0 50.00 $0.00 LaW. w Easemal Abandontoael 6 560000 1600.00 i 0 $0.00 10.00 A2YfmaY Laodseapt wa , ZaaI" VIAIksgoe tAlkr 16 $0.00 1260.00 Planw4 DWI Dku DelaOd Slle N" 0 1000 $0.00 E Maw! DowlMstiCoasmiCeea►t 4 112,15000 $12150.00 w Deabpwal wa Stow Anfedosaal M DIWW ►$a■ w 2 535000 110000 st"Iflt rw hteM uedn es Thor b f 1Mel 0 $0.00 fo 00 1 1 ►r TOTAL 131371.00 330621.00 ' Sbe W,,Nlpt fa b NOT wunmd towed ft fee IoW sine it is 46munted ham t2Y plactltnl and win/ lea aha OHC 5S. ' ~ + 11 p.i . e e 1 ,I r ti l a Attachment 4 COMPAUTM 1 MWM OF orv WWWT IOa of to of ovaoM tononwT CURRENT IROPO0IM or of IRSV+a 11MfiYAJJ1 ►I.WO RI~C0OlI rt fm rMs OUTOn OQJAI 6AAIAf D nc~ ToM Fig"on, rrT cm or w of c CTrr IsM Iho LM 1110 lltT MMT RECENT FtE UIPDATE 1161 WA 105 IM6 - j iLao~0 . i1a1a 1100 ♦ {iSOM a $11110 •17A11 Itl0rln. MIC + Mal $300 1700 slwl .P~ 1150 ♦ 114501 flna..MCla 11 1176 11 .lS+•e. f73Ao. 1110 • SUM .ISM Il.Mo 17 7M 00 PRMJMtXAAT r1A7 0j ~ ! r e.e.. N 1 w„9 i fe1/. law. ii smiff f 1210. 3SM 411.11 .na Lw ♦ ISM 1151 • ISM y W .~lIOA.1 111 • wu 114 by 11001 fl-%" or ~ a Mill sw ♦ ~ ~ 1751 1700 ! sldlrn 1.00 ♦ Mot sm . Shot SV^ wfldm b 1171 r 1s*" f.1 L FINAL RAT 1 . •w•w s7r ° ww"-'s 1N raw f 100. l71AOe 1210 a t own N l lttu If 1100 • Woo. na . s1alL . i tlsn .s+ ! 1700 ♦ LV*. l/•KM eai 1 1711 . Iww j IM • e1 1 1 /.v0. fw. r AIR MOM M HL 4101 Y..1 liSO. ssM IMI SI I 1100. IfM { I ll."M a 241 lft IH1 . IS" 7100 • Sjw IM • .ei aim • 1]h 1 f5M ~~S7S1 few • 119104 f~6H=j~31gy i11we, MSLU ikilew Y Sim • s1M+. C L 6 Mr, 1111. MA R1EUM511A11T AERAT f $y 11.171 1710 • name W r1 M. P6 I.MI.Y►..M 1 M vow SIA • 115114 Qbb1b1 ■ nru N) rere. Sim 3 1100 ♦ s•Illne 1151. swk uur.d 1700. fw•e. lan.11 uu 1 1251. Ml1At IM.i , !p . Ivx t r, % s~" 7 r C F 4 ~ ~ wry V 1 V Dan" DeNUM CITY cm cm CITY CITY CT1T CITY DEVEtA)FMZNT ALTM7Y Cl'RAIM FROdm or or or of of of or ►M r9M CARROLLTOA DAl1A1 CARL" RVM liwisTOli F1ARO RKIKOD" NEW Ad Ir" U D`lrkn er r/! ♦S.n r . &M + 95" ' L1RAar 3 SMA 1« RCA. SMW 56W 6 SSlat in * A It t Wo S7as + RIM w mum s5M A FUM REIIAT tZ r~ SIM SIX + 11¢►a sm + ss" U" + SIMal Sl*m W A m b 1191 + $Shut p,L.,a silo ♦ Wd t7as + t1Aui [Ei 10 M: 11,157 ~ my IWO POWWONO "a 11A pair Sloe + S2%= F1.1h d Y oars tl ties I 1330 + pdV1c SW 4 s4w4 / L11L o 5700 +w5dAC r 16M.f1Aw 12" + %)Mt las . AAJ ~ ff00 ~ I.7p/t saw"[W 04" I M,*Ard&mW OW MMk "M .~`sM w►rra.rrn w►a>tw wwnrrw ;soo+fs/sot www.nn W040R FLATS WA spa + %I ft= i' pi ~ AR.r t l Ao1t d f SAas + 11¢we P?. COtMYAM MT WA S" + 814An NIA WA WA NA iW *A t FAl♦I' uhJ♦i ur w.54.11. } mwi11 me OD1: IIAO" - W sAmpewj "drod Rr FNdr iL/R// yea t7A 1 F"FWh wMe O.OJI. a ria alas ~le.) bdWW-ba.aF+. No awls S6d the D j" slop . sum sfLtm1 ita • 14Are ht Law Frei ' St y e l ~.7yy7 17 & mint imw la 100 115e>r FRd IPD w►+ sA aeeAr pAM1rw Ar. MO 4 $1 36(a w n" VACATM OF FLAT 1171 $I h 1110 No Orrp 11"G. NIAnw h 17 coo* F" 0* {.j,]m 171 i7N + a" prrt Sias . szmm I i1as . $1M or 1*4 ARQl/OFIO FLAT ~5rn ilas+wlw1 Sla $125 11*M"W&C m Nocrrp ii~~ Seas+smat "M4rAr y- Raar las ",L. VAR7A1K7B TO 5376 RIGS $1" 1175 Sip M It" r" side. UbmlY will Rol*Rai l 1175 sas1 w arrp w Oup w O.p No cwv No awp w orp W orp f j 5. 1 44 r k x i w cm crrv f,1TT CTTT IT oCTIT f DIXTON DCefoN CTIT of of 00 rN11ARDow 111.00 UrWnVUAX ACTIMY 1,121 TITS CARIC LMN DASAAF fiALt.WD IRVSNC r ARar1t he S-~ 1ri0 SoSehla/ ~w1 b Frio oaw 1100 So, Rep, w p 1o eFw w w1w tifa Sim AL1FJl1eAlE eAllpSf.Vr MA 5700 floe v,%e Rod Few, Wfa Sim Wd~ ~SSA S1M. Y ern eye NN RAN en Appleo NA 0oo Y a Ca" d A fa{ ~tJm 170 ND Dwp 120 W Chop 7AN7W KAMr'wTON NIA f1f No FM x)70 wFe WDyr1o J-heme 90 LETTER .ti> Slf 1,730 1+00 FS ` TRnieoel ~~f1f1 7Aum iFN.feoewine ~D%a fa of 11.30 lw Uo0 lfdwo 00 1,M a Dow AM Odw DK1elY PDA Sum • mram SIP" • )1Noo HLM Dow 5100 SAO F2eJ1 arK 17 PD. pETAll" 131E " Cpl a) cKwr) 15 )100 pie" K) T►fNl1 Dn.. II J" fif0 • S7Yb' Y 31)00 I" D D SW If ZSlvO 12100 ed on ws 110 S 0 a Dp° 11.3a • Mere 521/ N" X12% f-L"; 12% OWN SST" motif" mare %4"mi i11" "OWN fflAlol tls/o f m comPAL CO"CM OR S.NO ♦ S2Thao Sf" ♦ slvA lf2S o, 57M LOOM "m 1 51" in ~ pEV%APSEM RAN frig" r) ryfP" ea) 10F211." erat SI,f00 SLW 015Woe (12"0 ~ (1,710 5730 ♦ UAUe Y in~ ~ 11,7% (S70A00 nec) its ew S3.300 eM m w+ 1r 52/00 1oa t{M wee ul0 ~SLf3Yi Clef Na Aro.r - Ng1p11 Afm1pMp1T TO )173 W Fed A+edraell Ne S1S Rogdidn Ryes I MOMMlp RAN OR 1TO 11n w 130 r d.o Sloe 1171 Ak-W $751 i Islwc Y S11 hoes I 1eel.WrbLk* " M m 1" m No Orp lea Arp "o Owp SA1to11aD W &cerDr EXTMM OF T04 FORA NeQT 1175 51" ftnw o W nAT ND Tlee F]ft81e11ON OF TOM PON A RwOMbe W E"edar No Owp No Q"p No CTerp DETAxzo RAN No char/ 1171 f1M W PPa+foe ><u1+ W Eaeakm A11ad If ) 1, Z O ~I Y~ ~ TAT • j Cm [m a 00 Do, "1 DWIOK a cm 01 Imma t2TR0vnix PIANO {I['MaD1011 W~p/T (tom rmotO Tm CAXXOl1TOM DA UM CARUVD No C1YPis ft C>wF Ne C✓F No ckwv 5 No cwp 1700 No wRe ND CM.te Ne wrp 3170 ANI7OiA7%1Mi370 4100 I.Ly l anw el 4do {.F4.M Wes p37 f100 / t64. {370 M elYr btlt+J~ a L ism FNti eM"w Im + IZ70ce ~~y~~, ft00 Moos 1000 ~ sia11 1A01 s vf. feoo CLW m) Yi t~ s/.u ens sm0 Mum" t« 1150 la a oR+ tal ♦ res $700 t3sme t" ~ 104 W, iras ~J9it3A 411" it230 W0 D7t'% T ys 7! 1170 14 owmi% $40 ow+r s`~ 140 S4" 1f+"r s t7fe 111 lL~ t11o1 &I-If .pl {e01 FrIM SW g: y .mm tT){ ,u or 6LlSm fa70 10F111.77 e: 11,700 fl.l ♦ rt.w !al . ocna f1o0 ]►.0/.1F a SI SIA00 NA 7DNM0 OIA 1 31.100 pm a 3700400 L911AM SZ" IM 0 eco~11.00 f o eooa M e+ma IZAM Ck*,000 51.3a. Weoo 1701 tt7f pr, ~ lll~ 17_71 tl~ tLtJBS f27o aH01 t271 DeO dh Tfnb o SW SA V a! ra er tnsr [sot Fl 1t1%0 Sa0 u! .eI..1771 Lairs a S" {710 IS1-!l oo~fl0A0 FIB/K~fm1 FSfl/tm %700 IM MOQW OF04lc 1000 f6% IIFIItl7 xu 11.700 t!l e.n.t JLLj .+.e 1700 3FM 01 on.c t1A00 ..~..tIJl01 SOIN DOWNICXM30 0 0 •ea M MM IM . emc i:A01 110 a aerA4 t1'sm C*Aam me Chow ~rtw.h 0:!1,770 S4.m + s5wh S ~ Mot 8L2.P"m i1001 (530A0 n.0) sm i I _ 0 Fw 131 3«'a udww r;, W'/ A tsn 0f rM 3770 No Claw Review r fig Ptr q !R. Fed a 30.001: No Fse FM rcldd r o e+h~ 371 'D ~ !70 nieloee 7401% Or3s $I+WMt sm UINDSCNP0O 1'FJI3m 370 ed 0Oe owr l W i i a Fx ♦ 130 FoR Nara 1 Fs. W%d {170 Na 07+R No Qr/ ng►c9 Vdee Ne Frt $100 ftol IJp fiae AL i FS e 131 Fe0. ?AWN Fm."FX p , valm Kee j i Sa :J . ~geodaNo. •0 ATTACHMENT 5 {(jellQa~t LAND USE & REI ATED ACTIVITIES trite r' Z gYg21 2.31- 1 11,©as 99 sory toning council shall submit to the toning tommis• Section 212016 Rermi., on Icaana of rity. g and Other lion any information, 1060e, and recommendations P y Permit by Nunicipalily. Cmounty, or Official of relating to that application that the toning council Other Governmental Entity. considers proper. The zoning commission may not 212.011. Appri,al of De,f4ment Plat overrule a recommendation of the toning council with i 212018 E(Tnt A Approval on Dedication. respect to the disposition of the application unless at 212.019. Ruddirg Permits in Extrsterrwrlai Jurisdiction 212050 Enforcement; Perahy least three-fourths of the members of the toning commission who are present at the meeting vote to SL'BCHAYIER C. DEVELOPER PARTICIPATION IN overrule the recommendation. CONTRACT FOR PL'BLIC [MPROIE%EV'CS Acu 1967, 7kh Leg, ch 119. S 1. etr. Sept 1. 19B . ` 2120'1 Developer Participation Context 212072. Duties of Partin Under Comrat 212.073. Performance Bond CHAPTER 212, MIIJ' NIC[PAL REGL'I.ATION 212.071. Additions! Safeguards: Inspection of Records. OF SCSDIVISIONS A.IND PROPERTY SL•BCKkPTER Z. MISCELLANEOUS PROVISIONS DBVELOPME`'T 212. get. Developer Required to Provide Surety. 2129M. School D tri-t Land De,eiopmenl Standards. SL'PCNAPTER A. REGL-LATION OF SUBDIVISIONS j SUBCHAPTER A. REGL•LAT[OF Section OF SUBD[V[SiONS :12.001 Defwtiom. 212.002 Rues. 212.003. Extension of Rules to Extraterntoral Jar_dk- 212.001. Definitions Lion { 212.001. Plat Required in this subchapter: . 212.0045. Exception to Plat Requirement Mirxipal Deter. (1) 'Extraterritorial juridiction' means a munic. 2120045. Ec e~ i no to Plat Requirement Certain (roper. ipabt)os extraterritorial jurisdiction as detertniried ty 1~lbuttlrg Aircraft Runway, i under Chapter 42, except that for a municipality 212.006. Appm,al by Municipality Required. that has a population of 5,000 or more and is located 212.006. Authority Responsible for Approval Generally. in a county bordering the Rio Grande River, "extra- 2P, O(M Delegation of Approval Responsib0ity tern tonal jurisdiction" means the area outside the 212, W.. Authority Responsible for Apprma]: Tract in Ex• traterritcrial Jur municiPal limits but within fine miles of those limits. Lsdxtion of More Than One Municipality. 121 "Plat" includes a replat. 212008. Application for Appr'o`aL Acu 19t1i. 70th Leg. ch. 149, 1 1, eft. SepL 1. 1967. Amerd- 212.009. AFpro,sl Procedure. 212.010. Standards for Approval ed by Acts 1989, lust Leg, ch. 1, g 4Gbl eR, Aug. 2S. 1989. . 212,0105. R'arr and Seer Requirements in Certain Coun- 4 212.002. Rules ties. 2120106. Bond Requiremenu and Other Financial Guarsn• Afters public hearing on the maver, the governing tees in Certain Counties. i 212.011. Effect of Approal body of a municipalty may adopt rules governing J erti ding g ComOITIien. egardipiianee With Plat plats and suMnixiorLl of land within the munlcipalitlls 412.0115. CertiScs tioo R Requirements, jurisdiction to promote the health, safety, morals. or 412.012. Connection of Vulities. general w'eifare of the municipality and the safe, or- 21201S. Vacating plat derly, and healthful development of the municipality. Yl2212..OlS Additional 014. Y Requirements for ents for Certain Preceding RrplaPlat.u. ! Acu 1987, 70th Leg„ ch. 149, 1 1, ea. Sept 1, 1987. 212.u1^.. Amending Plat 212,017. Conflut of Interest: Penalty. { 212.009. Extension of Rules to Extraterritorial 212.0173. Enforcement in Certain Counties; Penalty, Jurisdiction 212018. Enforcement in General. (Sections 212019 to 214.040 reserved for expanslonl i (a) The governing body of a municipality by ordi- nance may extend to the extraterritorial jurisdiction of SUBCHAPTER B. REGULATION OF the municipality the application of municipal ordi• PROPERTY DEVELOPMENT nances adopted under Section 212.002 and other mu- 212,041. Municipal ty Covered by Subchapter ricipal ordinances relsting to access to public roads. 212.042. Applkation of Subchapter A. However, unless otherwise authotved by state law, in 212043. DeMitiona. its extraterritorial jurisdiction a municipality shall not 214.044. Plans. Rules, and Ordinances. late: 212015. Development Plat Required 309 feN , +gendaNo 21 ATTACEMENT s agendallwL -Z~"_ LAND USE & RELATED ACTIVITIES ate r-1? g~~212m- 6©g99 gory zoning council shall submit to the zoning comm!s• Section Sion an information, advice, and recommendations 213045, PReo-rtrnictii, on Iruance of Building and Other any ni4 bi Munripality. County, or Official of relating to that application that the zoning council other Crnernmental Entity, considers proper. The zoning commission may riot 212017. Approval of Development Plat. overrule a recommendation of the zoning council Kith 21101& ECect A .Approv d on Ikdkation. ` 12049 , BQLArg Permits in Eitrstemwrial Jurisdiction 2 respect to the deposition of the application unless at 212 060 Enforcement Peralty . least three-fourths of the members of the zoning commission who are present at the meeting vote to SLBCFLAYIER C, DEVELOPER PARTICIPATION IN overrule the recommendation. CONTRACT FOR PUBLIC IMFRO%-EMEN"1'S AL+a 1987, 70th Leg, ch. 149, 1 1, eR. Sept. 19ER I mri Developer Participation Contract 212.072. Duties of Parties Urder Contract 2i20i3. Performance Bond. CHAPTER 212. MI,NiCIPAL REGCT ITIOV 212.0 4. Add tional Safeguards: Inspection of Records. OF SUBDIVISIONS AND PROPERTY SUBCHAPTER Z. MISCELLANEOUS PROtiISIONS DEVELOPMENT 212 gol. De%eiopu Required to Pnnide Surety. 21, 93,2 Schrl D str kt Land Development Standards. SUBCHAPTER A. REGILATION OF SUBDIVISIONS SUBCHAPTER A. REGULATION Section OF SUBDIVISIONS 212.001 Dentitions. 212.002. Rules, 313003. Extersion of Rules to ExtraterritorW J'ur. iic• 1 212.001. DeCinillons ucn In this iubchapter. 212 004. Plat Required. , 2120045. Exception to plat Requirement Municipal Deter. 'I (1) `Fxtnterritorial jur'diction" means a munic- 3120045. E.r"tin to Plat Requirement" Certain Proper- ipabt)'3 extraterrit4rW jurisdiction as determined ty Abutting Aircraft Runway. under Chapter 42, except that for a municpality 111006. Approval by Municipality Required that has a population of 5,000 or more and is located 2120%. Authority Responsible for APPS n'al Generally. in a county bordering the Rio Grande River. "extra- 213 ooti5. Delegation a Approvd ResporsMay temtorial jurisdiction" means the area outside the 212007. Authority Responsible for Approval: Troll in Ex- municipal limits but nithin five miles of those limits. tnterritorial Jurisdiction of More Than One 5iunkipahty. x21 'Plat" includes A replat. 212008. .Application for Approval. Acu 1%1. 70th Leg,, ch. 149.1 1, eR Sept 1. 1947. Amend- 212.009. Approval Procedure. 212,010 Sundarda for Approll. ed by Act., late. 71st Leg, ch. 1. 1 401, eR. Aug. 28. 1989. 212.0106. Mater and Surer Requirement- in Certain Coup. 1 212,002, Rules ties. 212.0196. Bond Requirements and Other Finutdal Guam- After a public hearing on the matter, the governing tees in Certain Counties. body of a municipality may adopt rules governing 212.011. Effect of Approval on Dedication. 212.0115. Certification Regarding Compliance ti;th plat plan and subdivisions of land within the municipality's Requiremenu j uisdict ,n to promote the healt}t safety, morals, or 212.012. Connection of Utilities general welfare of the municipality and the safe, or• 2f2.m. Vacating Pint deny, and healthful development of the municipality. 212014. Replotting Without Vacating Preceding Plat 212.015. Additional Requirements for Certain Replata. Acts 1987, i0t1t Leg. ch. 149. 1 1, eff. SePt L 1987- 212016. Amending Plat 212.017. Conflict of Interest; Penaky. 1 212.003. Extension of Rules to Extraterritorial Lity, 212.0175. Enforcement in Certain Counties Peru Jurisdiction 212,016. Enforcement N General [Sections 2110?9 to 212.040 reserved for expansiottl (a) The governing body of a municipality by ordi• nance may extend to the extraterritorial Jurisdiction of SL'BCH.APTER B. REGLILATiON OF the municipality the spplcation 0( municipal ordi- PROPERTY DEVELOPMENT nances adopted under Section 212.002 and other mu- 212041. Municipality Covered by Subchapter. nicipal ordinances relating to access to public roads. 212.012 Application of Subchapter A However, unless othemise authorized by state law, In 212043. Dentitions. its extraterritorial jurisdiction a municipality shall not 212,044. Plana, Ruses, and Ordinances. relate: 212.W. Development Plat Required. N 309 lD0- aQe►►ddNo ~/'~~a~ CRddI i~mr~_~ 0 212.003 LOCAL GOVERNMENT CODE ~+Q Nis (1) the use or any building or property for busi• (3) state the dimensions o the su 'vision and or ness, industrial, residential, or other purposes; each street, alley, square, park, or other part of the (2) the bulk, height, or number of buildings con, tract intended to be dedicated to public use or for strutted on a particular tract of land; the use or purchasers or owners of lots fronting on (3) the size or a building that can be constructed or adjacent to the street, alley, square, park. or on a particular tract of land, including without other part limitation any restrktion on the ratio of building (c) The owner or proprietor of the tract or the floor space to the land square footage; or owners or proprietor's agent must acknowledge the (3) the number of residential units that can be plat in the manner required for the acknowledgment built per acre of land. of deeds (b) A fine or criminal penalty prescribed by the (d) The plat must be filed and recorded with the ordinance does not apply to a violation in the extnter• county cleric of the county in which the tract is ritorial jurisdiction. located. (c) The municipality is entitled to appropriate (n• (e) The plat is subject to the fclirg and recording junctive relief in district court to enjoin a violation of prowistons of Section 12.002, Property Code. municipal ordinances or codes applicable in the extra. Acv 19970Lh Leg ch. 119,1 I, eQ Sept. 1. 1987 Amend, territorial jutiadiction. ed by Acts 19%.,lit Leg.. ch. 1. 1 16lb1, eft. Aug ^_S, 19* Arta 19Y, 70th Leg, ch. 119. 1 1. ed. Sept 1. 1987, Amend, Acts 19&Q. 71st f.eg. ch. 6:1, 1 902. eS. Sept 1. 1949; Acts ed by Acts 1989, 71st Leg.. ch. 1. 1 Obl, eft. Aug 2a. 1989; I993. 73rd Leg. ch. I046. 1 1, eft. Aag. 30, 1990. Acts 1989, 71st Leg„ eh, i'2 I & elf. Sept 1. 1989. , Section 7 d Acu MY. V1+ Leg. ek io2 pro,-Aeo, &TL4A lib/ of Ana 19r, 100 Leg.. CL 110.7 presides: 'IU ame ndnvom by thu Act of Section 1 or and the ad,ttion by UJs ' uo addition by thu Act or Sectiotx 9A and 10 b Chapter fll. Ace of Section 1B to Chapter 231 Acu or the s0th t.eretatun. Ana or Lhe sllh U&Iature. Reran ScWm 19.2, (.rule Tla ReNar SessvxL WT, iArwie rtes Vomon's Tessa cn;l Suwtesi, lemon's Tern CM SututaL applies u a subx Won or I" ! apply only u a swNimsion or and for shish i pta& plat or mp!al u rerwr llm or whether d ero made berwr. m w deer September 1. - Ent required to be lted m or Liter September t. l3r, uRpc roc Lhe 19n.• I rwe" made by Secum IB' 1212.004. Plat Required ~ 1 212.0045. Exception to Plat Requirement: }fu• (a) The owner of a tract of land located within the I nicipal Determination limits or in the extraterritorial jurisdiction of a munki- E (a) To determine whether specific divisions of land parity who divides the tract in lxo or more parts to II are required to be platted, a municipality may, define lay out a subdivision of the tract, including an addition I and clw4, the divisions. A munkipality need not to a municipality, to lay out suburban, building, or l require platting for every division of land otherwise other lots, or to lay out streets, alleys, squares, Auks, , within the scope of this subchapter. or other parts of the tract intended to be dt.kated to I public use or for the use of puu-thasers or rwnels of ! (b) In lieu of a plat contemplated by this subehap- k1LS fronting on or adjacent to the atteee alleys ter, a municipality may require the filing of a deveiop- J squares, parks, or other parts must have a plat of the mart plat under Subchapter 8 if that subchapter subdivislon prepared. A division of a tract under this applies to the municipality. subsection includes a division regardless of whether it Added by Acts 1949, 71st Leg, ch. 1, 1 16(b), off. Aug 26, is made by using a metes and bounds description In a 1989. deed of conveyance or in a contract for a deed, by I f 212.0036. Exception to Plat Requirement: Cer• using a contract of sate or other executory contract to tain Properly Abutting Aircraft convey, or by using any other method. A division of Runrvay land under this subsection does not include a division of land into parts greater than the acres, where each An owner of a tract of land is not required to part has access and no public improvement is being prepare a plat d the land: dedicated. 0) is located wholly within a municipality with a (b) To be recorded, the plat must: population of 5,000 or less; (1) describe the subdnision by metes and bounds; (2) is divided into puts larger than 2t acres; and (2) locate the subdivision with respect to a corner (3) abuts any part of an aircraft runway. of the survey or tact or an original corner of the Added by Acv 1989. 71st Les, ch. t, 1 361b), eff. Aug. ffi, original survey of whkh it Is s part; and 1989. 310 t I Aigendi No AgendaIIem.- Yr LAND USE & RELATED ACTIVITIES Cale-7-12-A 21 a 6~Qi 4 212.005. Approval by Municipality Required ty may erter into an agreement with any other affect. The municipal authority responsible for approving ed municipality or with any other municipality having plats must approve a plat or replat that is required to area that, if urincurporated, would be in the eatrater• be prepared under this subchapter and that wLfes ritorial juri,&:tion of the govenurg body's municipab- all applicable regulations. ty delegatirg to the other municipality the responsibd- Aete 1W. 700 Leg, ch. 119. 1 I, eff. Sept. 1, 1967. Amend. ity for plat approva) within specified parts of the ed by Airs 194. 71st Leg. ch. 1. 1 Obi, eft. Aug 2e, 1989, affected area. Arta 1993. 73rd Leg, ch. I046, 1 2 esf, Aug 30, 1993 ? !b) Either party to an agreement under Subseci n 1 212.06. Authority Responsible for Approval (a) may revoke the agreement after 20 )-ears here Generally elapsed after the date of the agreement unless the (a) The municipal authority responsible for apprm•- parties agree to a shorter period. ing plats under this subchapter is the municipal plan- 4 (c) A copy of the agreement shall be filed with the ring commission or, if the municipality has no plan- county clerk. ning commission, the governing body of the municipal. AU 1967, 7,00 Leg, ch. 119, 1 1 eff Sept 1, 1987. ity. The governing body- by ordinance may require the approval of the gcverning body in addition to that 1 212.00& Application for Approval of the municipal planning r)mrnimion. A person desiring approval of a plat must apply to b) In a municipality with a population of more than and fire a ropy- of the plat with the municipal planning 1.S million, at least two members of the municipal commission or, if the municipality has no planning planning commission, but not more than 25 percent of commission, the go%erning body- of the municipality. the membership of the commission, must be residents Acts 198', 50th Leg, ch. 119, l 1, eR. Sept 1. 1987. of the area outside the limits of the municipality and i in which the municipality exercises its authority to 1 212.009• Approval Procedure approve subdivision plats. (a) The municipal rauthority responsible for approv- Acts 1961, 70th Leg, ch. 119,1 1, efr.. Sept 1, 1987. Amend- ing plats shall act ca a plat within 30 days after the ed by Acts 1989. 71st Leg, ch. i, 1 466b1. ed. Aug 28, 1989. date the plat is find. A plat Is considered approved 1 212.0065, Delegation of Approval Responsibility by the municipal authority unless it is diapproved A municipality may delegate the ability to approve within that period. minor plats involving four or fewer lots fronting on in (b) If an ordinance requires that a plat be approved esdsting street and not requiring the creation of any by the governing body of the municipality In addition new street or the extension of municipal facilities to an to the planning commission, the governing body shall employee of the municipality. The designated em- act on the plat within 30 days after the date the plat is ployee may, for any reason, elect to present the plat to approved by the plarning commission or is considered { orebotmunicipal h. to approve the plat cocrurission or employee shall not considered approved by n the tgoverning body unless disapprove the plat and shall be required to refer any is disapproved sithin that period. plat which he refuses to approve to the municipal (e) U a plat is approved, the municipal authority planning commission or governing body, or both, with- giving the approval shall endorse the plat with a in the time period specified In Section 212.009. certificate Mcatvg the approval. The certificate Added by Acts 1989, 71st Leg, ch 34 1 1, eff. Aug. 28, must be signed by. 19$9. (1) the authority's presiding officer and attested 1 212.001. Authority Responsible for Approval: by the authority's secretary; or Tract In Extraterritorial ltrrlsdlction (2) a majority of the members of the authority. of More Than One Municipality (d) If the municipal authority responsible for ap- (a) For a tract located in the extraterritorial juris• proving plate fags to act on a plat within the pre- diction of more than one municipality, the authority scribed period, the authority on request shall issue a responsible for approving a plat under Ols subchapter certificate stating the date the plat was filed and that is the authority In the municipality with the largest the authority failed to act on the plat within the population that under Section 212.006 has approval period. The certificate is effective in place of the responsbWty. The governing body of that municipall- endorsement required by Subsection W. 311 (,l$ a LA-'\D USE & REI-ATED ACfil'ITIES N1e_7 j2- Q~21j,W i 212.005, Approval by Sfunicipahly Required ty may enter into an agreement with any other ayffect- The municipal authority responsible for sppro,irg ed nrmieipality or with any other rnunicipahty having plats must approve a plat or replat that is required to area that, if unincorp~r-AA. would be in the ext rate r. be prepared under this subchapter and that satisfies riwrial jumi daction of the governing body's municipah- all app!irable regulations. ty, delegating to the other municipality the msponsibil• Lu 1987, 70th Leg, ch. 149, 1 1, eft. Sept 1.1%7. A•nend. I ily (or plat approval within specified pare or the ed by &.A 19F9, 71s1 Leg, ch. 1. 1 4ryb). eff Aug 28, 1989. affected area. .Les 1993. 73rd Leg. ch. 1615, 1 1 eft. Aug 30. 1913. 1b) Either party to sn agreement under Subsection 1212.006. Authority Responsible for Approval (a) may revoke the agreement after 90 years have Generally elapsed after the date of the agreement unless the (a) The municipal authority responsible for apprav• parties agree to a shorter period. (ng plats under this subchapter is the municipal plan- (c) A copy of the agreement shall be filed with the ning commission or, if the municipality has no plan- county clerk. ping rommiission, the governing body of the municipal- AM 1961. 700 leg. ch- 149. 1 1, eQ. Sept 1. 1*7, ity. The goverrilng body by ordinance may require ' the approval of the goverring body in addition to that 1212.008 Application for Approval of the municipal planning commission. A perscn desiring approva! of a plat must apply to b) In a municipality with a population of more than and file a copy- of the plat with the municipal planning 1.5 million, at least two members of the municipal commi.mion or, d the municipality has no planmrg planning commission, but not more than 25 percent of commission, the governing body of the municipality, the membership of the commission, must be residents Act. 1%1. 7ihh Leg. ch 149. 1 1, eft. Sept. t, t9v of the area outside the limits or the municipality and in which the municipality exercises its authority to li 212,009• Approval Procedure approve subdivision plats. (a) The municipal authority responsible for approv t, Acts 1987, loth Leg. ch. 149,1 1, ed. Sept 4, 1987. Amend- ! ing plats shall act on a plat within 30 days after the ed by Acts 1989. 71st Leg, ch 1, 1 45 bi, eft. Aug 28. 1989. date the plat is filed. A plat is considered approved 1212.0065. Delegation or Approval Responsibility by the municipal authority- unless it is disapproved A municipality may delegate the abiity to approve within that period, minor plats (nvohirg four or fewer lots fronting on an j (b) If an ord nar,ce requires that a plat be approved existing street and not requiring the creation of any I by the governing body of the municipality in addition new street or the extension of municipal facilities to an I to the planning commL<sion, the governing body shall employee of the municipality. The designated em- , act on the plat within 30 days after the date the plat is ployee may, for any reason, elect to present the plat to 9PPrGA ed by the planning commission or is considered cipal commi govemin body , approved by the ore Nbothto applroce the pla~Thoe employee shall net considered approved b nthetgoverning tbody unless it disapprove the plat and shall be required to refer any is disapproved within that period. -J plat vrhich he refuses to approve to the municipal (c) If a plat is approved, the municipal authority planning commission or governing body, or both, with. giving the approval shall endorse the plat with ■ in the time period specified in Section 212.009. certificate indicating the approval. The cemffcate Added by Acu 1989, ?lit Leg, ch. 315, 1 1, eff Aug. 28 must be signed by: 1989. (1) the authority's presiding officer and attested 1 212.07. Authority Responsible for Approvals by the authority's secretary; or 'Fact In Extraterritorial Jurisdiction (2) a majority- of the members of the authority. of More Than One Municipality (d) it the municipal authority responsible for ap- (a) For a tract located in the extratenitorial juris• proving plats fails to act on a plat within the pre- diction of more than one municipality, the authority scribed period, the authority on request shall issue a responsible for approving a plat under this subchapter certificate stating the date the plat was filed and that is the authority in the municipality frith the largest the authority failed to act on the plat within the population that under Section 212.006 has approval period. The certificate is effective in place of the responsibility. The governing body of that municipali• endorsement required by Subsection (c). 311 ~a I i +p6ndaNo. qy ~ 212'009 LOCAL GOVERNMENT CODE ;RB~aItEt►1 7 DIE (e) The municipal authority responsible for sppr'ov. (A) include on the plat or h Ie attached to the Ing PIMA ahab maintain a reuvrd of each application plat a document containing a description of the made to the authority and the authority's action taken water and sewer service facilities that will be on it. On request of an owner of an affected tract, the constiveted or L•tstalled to service the subdivision tutherity shall certify the reasons for the action taken and a statement or the date by which the facilities on an application, will be hilly operable; and Acts 1987, loth Let, ch. 149. 1 1, et7. Scpt. 1, 1987. (B) have attached to at plat a document pre. 1212410. Standards for Approval pared by an engineer registered to practice in (er) The municipal authority responsible for a row this state certi6ing that the water and sewer Ng plat shall approve a plat it: 8e^~ factbdes described by the plat or on the document attached to the plat are in compliance (1) it conforms to the general plan of the municL with the model rules adapted under Section paBty and its current and future streets, alleys, 1634% %'ater Code; or parks, playgrounds, and pubbe utility fwlitika; (2) must. (2) it conforms to the general plan for the exten- sion of the municipality and its roads, streets, and (A) include on the plat a statement that water public highways within the municipality and In its and sewer service facilities are unnecessary for extraterritorial Jursdicdon, taking into account u• the subdivision; and rest to and extension of sewer and water mains and (B) have attached to the plat a dxurr,ent pre. the Instrumentalities of pubic utilities; pared by an engineer registered to practice in (3) a bond required under Secdon 2120106. it this state wtifjing that water and sewer service applicable, is filed with the municipality; and facilities are unnecessary for the subdivision un- (4) it conforms to any rules adopted under Sec- der the model nines adopted under Section 16313, doo 212.002. Water Code. (b) However, the mun)dpal authority responsible (c) T%e governing body of the municipality may for APproving Plata may not approve a plat unless the extend beyond the date specified on the plat or on the plat and other documents have been prepared u document attached to the plat, the date by which the required by Section 212.0105, if applicable. water and sewer service facilities must be fully open. Acts 1987, 70th Leg, ch. 149,1 1, eff. Sept 1.1967. Amend. j bit if the governing body finds the extension is rea. l ed by Ana 1989, 71st Let, eh. 624, 13 01, eQ. Sept. 1, 1989, sonable and na contrary to the public interest. If the ! semen roe of the Isla amendatory en Voider, facilities are hilly operable before the expiration or the E Tw Chang" In law made by the Act w Chapter, 112 and a2 1 extension period, the facilities are considered to have ! LAW Cawwww Code. and to anb 10 a atdirtaloa d a t-en Or tLtlar, R[yeRy Cade. I been made fu➢ lord Seetioaand t0 as 0tmer d the cxtapplyd y operable in a timely manner. An ter owt is rubdivwa 00 or afln Sept®her 1, Im extension is not reasonable if it would allow a resi. i 8120105. Rater and Sewer dente in the subdivision to be inhabited without water Requirements In i or sewer services J Certain Counties i ter) This section applies or11 to s ' Added by Acts 1989. 71st Leg. eh 624, 1 9.01. eff. Sept I, Y person who, 19%. Amended by Ana 1991. 72nd Leg, ch M i 7, eII. (1) is the owner of a tract of Lad in either. Sept t, 1991. (A) a county that Is contiguous to an inters. ' Y,TCA water Cade. 117.sst n rq, clonal border; or (B) a cavity in which a political subdivision has 1 212,0106. Bond Requirements and Other Finan- rere)ved financial assistance through Subchspter elal Guarantees In Certain Counties If, Chspter 17, Water Code;' (a) This section applies only to a (2) dhides the tract in a manner that creates any by Section 212.0105( Y Person described Inns that are Intended for residential purposes and are live scm or less; and (b) If the governing body of a municipality in a f (8) is required under this subchapter to have a county desenbed by Section 212,010&aXIXA) or (B) plat prepared for the subdhiaion. requires the owner of the tract to execute a bond, the (b) The owner of the tract owner must do so before subdividing the tract unless an ahernathe financial guarantee is provided under (1) must: Subsection (c). The bond must: 312 43. I i I~ ~gendaMo~u~ A~enQal~em # y LAND USE & RELATED AL71VITIES Cote_- f2_e 1 II) be payable to the presiding officer of the 1 212.0115. Certification Regarding Comp lianncee governing body or to the presiding officer's succes• With Plat Requirement@ son in office; fa) For the purposes of this section, land is coosid- 12) be in an amount determined by the governing eyed to be within the jar sd ction of a municipality if body to be ado lusts to ensure the proper eonsWC• ! the land is located within the limits or in the extrater- lion or insta'lation of the rater and sewer senice i ritorW jurisdiction of the municipality. facilities to service the subdivision but not to exceed the estimated cost of the construction or installation authority ethe roNal s ap of a pint plthe municipal of the facilities; responsible ble for approving plats, the authori- ty shall iaue to the person applying for the approval a (3) be executed with sureties as may be appnuved certificate stating that the plat has been reviewed and by the governing body; approved by the authority. (4) be executed by a company authorized to do (c) On the written request of an owner of land, an business as a surety in this state if the governing entity that provides utility service, or the governing body requires a surety bond executed by a corpo- body of the municipality, the munici surety; and pal authority re- rate sponsible for approving plats shall make the following (5) be conditioned that the rater and sewer ser• i determinations regarding the owner's land or the land vice facilities wt11 be constructed or installed: in 0kh the entity or governirg body is interested (A) in compliance voth the model rules adopted that is located within the 'urMcdon of the muniapali- under Sector 15.3x3, Water Code; and ty: (B) within the time sated on the plat or on the (1) whether a plat is required under this subchap- document attached to the plat for the subdivision j ter for the land; and or within any extension of that time. (2) if a plat is required, whether it has been (c) In lieu of the bond an owner may deposit cash, a ± prepared and whether it has been reviewed and letter of credit issued by a federally Insured financial approved by the authority. institution, or other acceptable financial guarantee, (d) The request made under Subsection (c) must (d) If a letter of credit is used, it must identify the land that is the subject of the request. (1) list as the sole beneficiary the presiding offi- + (e) It the municipal authority responsible for ap• cer of the governing body; and R pmv isg n plats determines required, de authori ty shall on issue (c) to at a (2) be conditioned that the water and sewer ser• plat the Ace facilities will be consuvcted or installed; requesting party a written certification of that deter- (A) in compliance with the model rules adopted required urination. the authority determines that a plat has under Section 16.343, Water Code; and and d that the plat has been prepared and has been reviewed and approved by the authority, the (B) within th, time stated on the plat or on the authority shall issue to the requesting party a written document attached to the plat for the subdivision certi6ation of that detertnination, or wilhln any extension of that time. (f) The municipal authority responsible for approv- Add t989 by Acts M. 71st Lea, ch. VA. 1 3.01, eff. Sept 1, ing plats shall make its determination within 20 days after the date it receives the request under Subsection 1 212.011. Effect of Approval on Dedication (c) and shall Issue the certificate, if appropriate, within (a) The approval of a plat is not considered an 10 days after the date the determination is made, acceptance of any proposed dedication and does not (g) v both the municipal planning commission end Impose on the municipality any duty regarding the to the gme~g body only the municipality have a need maintenance or impemement of any dedicated parts approve plats, only one of those entities need make until the appropriate municipal authorities make an the determinations and Issue the certificates required actual appropriation of the dedicated parts by entry, by this section. use, or Improvement (h) The municipal authority responsible for approv. (b) The disapproval of a plat Is considered a refusal ing plats may adopt rules it considers necessary to by the municipality of the offered dedication indicated Added by Arta by A Its functions under this section on the plat. Arts 1989, 71st Lea., ch. 1, 145(6), off. Aug. 28. Ame Acu 1987, 70th Leg, ch. 149, 1 1, eft. Sept 1, 1967, Sept 1 i989ded by Acts 1989, 71A Lea., ch. 621.; 3,03, e1T. 313 ~n'y• agenCalterrL ~T 212.012 LOCAL GOVERNMENT CODE Date ~ 1 212.0111. Connecllon of Utilities I obtained in the manner prescribed for th± origins! (a) An entity described by Subsection (b) may not I Plat. serve or connect my land with water, sewer, electrici. (c) The county clerk shall write legibly on the vat ty. M or other utility service unless the entity has cated plat the word '"v'acated' and shall enter on ,t,± been presented with or otherwise holds a certificate I plat a reference to the volume and page at which the applieslole to the land issued under Section 212 0115. vacating instrument is recorded. (b) The prohibition established s; subsection (a) (d) On the execution and recording of the vacating applies only to: instrument, the vacated plat has no effect. (1) a municipality and officials of a municipality Acts 1%7. 70th Leg, ch. 149, 1 1, elf. Sept. 1. 198?. that provides water, sewer, electricity, gas, or other 1 212.014, ReplatUng Without Vacating Preced. utility service; ing Plat (2) a municipally owned or municipally operated A replat of a aubdhision or part of a subdivisioa utility that provides any of those services; may be recorded and is controNrgr over the preceding (3) a public utility that provides any of those plat without vacation of that plat it the repiat: senices; (4) a water supply or miser service corporation I I I is signed and acknowledged by only the own• organized and operating under Chapter .6. Acts of en of the property being rePfatted; the 43rd Legislature. 1st Called Session, 1933 (Arti• (2) Is approved, after a public hearing on the cle 1434& Vemon's Texas Civil Statutes), that pro matter at which parties in interest and citiuns have vides any or those services; an opportunity to be heard, by the municipal au- (5) a county that provides any of those services; j thority responsible for approving plats; and and 13) does not attempt to amend or remove any (6) a special district or authority created by or covenants or restrictions. under state law that provides any of those services. Arts 1987. 70th Leg, ch. 149. 1 1, eM SepL I. 1967. i Ic) This section does not apply to any area covered 1 212,015. Additional Requirements for Certain by a development plat duly approved under Subchap- lceplats ter h or under an ordinance or rule relating to the development plat. (a) In addition to compliance with Section 212014, a repeat without vacation of the preceding plat must (d) The prohibition established by Subsection (a) conform to the requirements of this section if: t appbes only to lard that an entity described by Sub (1) during the preceding fine years any of the section (bX)), (2), or (3) fast serves or first connects with services on or after September 1, 1987. The area to be replatted was limited by an interim or prohibition applies only to land that an entity de permanent toning classification to residential use scnbed by Subaacdon UO, (5), or (6) First serves or for not more than two residential units per lot; or first corrects with services on or after September 1, (2) any lot in the preceding plat was limited by 1989. deed restrictions to residential use for not more than M a residential units per lot Acs 1987, 70th Leg, ch 149,1 L elf. Sept. 1. 1987. Amervd• i ed by Acts 1989, 71st US, ch. 1,1 40), off. Aug. I& 1989; (b) Notice of the hearing required raider Section Acts 1989, list LT. ell. 624, 1 3,01, eC. Sept 1, 1989. 212.014 shall be given before the 15th day before the date of the hewing by; 1212-013. Vacating plat (1) publication in an official newspaper or a news, (a) The proprietors of the tract covered by a plat paper of general circulation in the county in which may vacate the plat at any time before any lot In the the municipality located; and plat b sold The plat is vacated when a signed, 12) by wr tkn notice, with a copy of Subsection acknowledged instrument declaring the plat vacated is (c) attached, forwarded by the municipal authority approved and recorded in the manner prescribed for trspousibk for approving plats to the owner of lots the °riP~ti that an in the adi(inal subdivision and that are (b) If lots In the plat have been sold, the plat or wiOin 200 feet of the lots to be replavAd, as indicab any Part of the plat, may be vacated on the application ed on the most recently approved municipal tax roll of all the owners of lots in the plat with approval or in the case of a subdivision within the extrateni. 314 lp$. irflili~~ilri ~pendaNo LAND USE & RELATED AMVITIFS Dal, f torial junvdicton, the most recently approved coun• or that is shown incorrectly- as to location or charac- ty tax roll of the property upon which the replat is it ter on the preced rg plat; requested. The written notke may be delivered by (6) to correct any 00,er type of scrivener or depositing the notice, properly addressed with post- clerical errur or omission preciously approved by age prepaid, in a post office or postal depository the municipal author.ty responsible for apprc6rg within the boundaries of the municipality. plats, including lot numbers, acreage, street names, (c) If the proposed replat requires a variance and is and identification of adjacent recorded plats; protested in accordance with this subsection, the pro- (7) to correct an error in courses and distances of posed replat must receive, in order to be approved, lot lines between two adjacent lots the amrmstice vote of at least there-fotiIhs of the IA) both lot cameo join in the application for members present of the municipal planting conunis• amending the plat; slon or governing body, or both. For a legal protest. (B) neither lot is abolished; written in-trvments signed by the owmers of at least ~ does es not attempt to re- adjoining percent of the area of the lots or land immediately enent t does not a tmp and adjoining the area covered by the proposed replat and move C) the recorded amendment extending 200 feet from that area, but within the -D) the amendment does not have a material original subdivision, must be filed with the m,;nicipal adverse effect on the property rights of the other planning con•.rrassion or governing body, or both, prior owners in the plat; to the close of the public hearing. )5) to relocate a lot line to eliminate an inadver- (d) In computing the percentage of land area under test encroachment of a building or other improve. Subsection (c), the area of streets and alleys shall be ment on a lot line or ea:.ement; included. 191 to :elocate one or more lot lines between one (e) Compliance Mith Subsections (c) and (d) is not or more adjacent lots if: required for approval of a replat of part of a preceding (A) the owners of all t`ose lots join in the plat if the area to be repiatted was designated or I application for amending the plat; reserved for other than single or duplex family resi• (B) the amendment does not attempt to re- dential use by notation on the last legally recorded move recorded covenants or restrictions, and plat or in the legally recorded restrictions applicable (C) the amendment does not increase the num- to the plat i ber of lots: or r Acts 19tfi, 700 Leg„ Ch- 1491 1 1, eS. Sept t, 1957, Amend. ' (10) tin make necessary changes to the preceding ed by Acts 1989. 71st Leg., ch. 315, If 2 to 5, e. Aug. 28, tat to cr: 'e six or fewer IoL. in the subdivision or 19t3g Acts 1993. 73rd teP- ch Ilk6, i 3, e[f. Aug 30. 1993. I p a part of th, subdivision covered he the preceding 11 212.016. Amending Plat plat if: (a) The municipal authority responsible for approv. (A) the charges do not affect applicable zoning ing plats may approve and Issue an amending plat, i and other regulations of the municipality: which may be recorded and is controlling over the 1 (B) the c)tanges do not attempt to amend or preceding plat without vacation of that plat. if the remove any covenants or restrictions; and ~J amending plat is signed by the applicants only and is (C) the ores covered by the changes is located solely for one or more of the following purposes: in an area that the municipal planning commis. (1) to correct an error in a course or distance sion or other appropriate governing body of the shown on the preceding plat; municipality has approved after a public hearing, (2) to add a course or distance that was omitted as a residential improvement area on the preceding plat; (b) Notice, a hearing, and the approval of other lot (3) to correct an error in a real property descrip- of an amending plarequired for the approval and issuance tlon shown on the preceding plat; (a) to indicate monuments set after the death. Ac b~981, `LhLeg..ckLeg. ch. 114 . 1 1, a 15cbpe1, AP 28, . Acts Amend- disability, or retirement from practice of the ergi- neer or surveyor responsive for setting monu• 1212.017. Conflict of Interest; Penalty merits; (b) to show the location or character of a mono- (s) In this section, "subdivided tract" means s tract tnent that has been changed In location or character 31$of land, rs a whole, that is subdivided. The term does Tr tt-4 GaA O. - n /i I Y { ~y 4tlR0g(YU R~~of~ aenrlatt+fm~ Y 1 212.017 LOCAL GOVERNMENT CODE not mean an individual lot In a subdivided tract of Section 212.0105 or 120106 or to ensure that -w-ate land. and sewer service faciSties are constructed or (nsta! (b) A person has a substartial interebl in a eubdi• ed to service a subdivision in compliance with th vided tract if the person: model rules adopted under Section 18.343, t1'ate (I) has an equitable or legal ownership interest in Code, the tract with a fair market value of $2,500 or more; (b) A person who violates Section 212.0105 0: (2) acts as a developer of the tract; 212.0106 or fails to timely provide for the constructicr 13) owns 10 percent or more of the voting stock or installation of water or sewer service facilities tha• or shares of or owns either 10 percent or more or the person described on the plat or on the documem $5,000 or more of the fair market value of a bust. attached to the plat, as required by Section 212.0106, ness entity that: is subject to a Civil penalty of not less than =500 nor (A) has an equitable or legal ovmership inter- more than 111,000 plus court costs and attorney's fees. est in the tract with a fair market value of 112,500 (c) An owner of a tract of land commits an offense or more; or if the owner knowingly or intentionally violates a (8) acts as a developer of the tract; or I requirement imposed by or under Section 212.0105 cr (4) receives in a calendar year binds from a 212 0106 or fails to timely provide for the construction business entity described by Subdivision (3) that j or irutallation of water or sewer service faniities shat exceed 10 percent of the person's grow income for the person described on a plat or on a document the previous year. attached to a plat, as required by Section 212.0105, (e) A person also is considered to have a substantial An offense under this subsection Is a Class 8 misde• interest In a subdivided tract if the person is related In meamr. the first degree by consanguinity or afTinity, as deter. (d) A reference in this section to an "owner of a mined under Article 5996h. Rm-ised Statutes, to an- E tract of land' does not include the owner of an (ndlvid- other person wk under Subsection (b), has a sub- ual lot in a subdivided tract of land. stantisl interest in the tract Added by Arts $989.71st Leg, ch. 621, 1 3.01. eff. Sept 1. (d) If a member of the municipal authority respon- 1989. sible for approving plats has a substantial interest in a subdivided tract, the member shall file, before a vote 1 212.018 F.rtforcemenl In General or decision regarding the approvyl of a plat for the (a) At t'v- request of the governing body of the tract, an affidavit stating the nature and extent of the municipality the munklral attorney or any other at. Interest and shall abstain from further participation in tame repr. tin the munici the matter. The at5davit must be filed with the y g paltry may 51e an ac. the secretary or clerk. don in a m-l of competent jurisdiction to: (e) A member of the municipal authcrity respond. (1) enjoin the violation or threatened violation by ble for approving Plata commits an o'!-nse if the the owner of a tract of land of a requirement member violates Subsection W. An offense under regylling the but and established by, or adopted this subsection is a Class A misdemeanor. by the govern g body under, this subchapter, or (1) The finding by a court of a violation of this (2) recover da ages from the owner of a tract of section does not render voidable an action of the land in an amour adequate for the municipality to municipal authority responsible for approving plats underuke any ea:: trtxtion or other activity neces- unless the measure would not have passed the munid- ary to bring about cotnpfi nce with a requirement pal authority without the vote of the member who regarding the tract and established by, or adopted violated this sector by the governing body under, this subchapter. Acts 1981, ?M Leg., ch 149,1 1, ell. Sept 1, 1961. Arend- (b) A reference in this w-, don to an 'owner of a ed by Avv 1989, 71st Leg, & 824.1 301, eff. Sept 1, 1989: tract of tare " does not inclu,t! the owner of an Individ• Arts 1991, 72nd (.eg., eh 561, 138, off. Aug. 26. 1991. teal lot in a subdivided tray cf land. 1 112,0175, Enforcement In Certain Counties; Added by Acv 1989, 71st Leg, , 1 i 46(b). off. Aug. 28, Penalty 1989. Ameoded by Acta 1989. 11•: ch. 624. 1101. eff. (a) The attorney general may take any action nee- Copt 1, 1989. essary to e,durce a requirement imposed by or under (Sections 212.019 to 212 Nu r(b r ed for expansion) 316 ~endaiNo~~ ' Agendaltem hy- 7 6 LAND USE & RELATED ACTIVITIES Dale 7"I2 iw99 Sb'BCHAT'TER B. REGULATION OF in the extraterritorial Jurisdiction of the municipality PROPERTY DEVELOPMENT to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and 212.041. 1lunicipelity Covered by Subchapter healthful development of the municipality. Text of section w amend by Acts Ana 1967. 700 Leg, ch. 149, 4 I. eff Sept. 1, 1997n 1991, Urd Leg, ck 115, 1 I 1 2)2.045. Development Plot Required This subchapter applies only to a toned or an I uruoned municipality with a population of more than (a) Any person who proposes the development of a 1.5 million whose governing body chooses by ortli• trot of land located within the baits or in the extra- nance to be covered by this subchapter or chose by territorial Jurisdiction of the munlcipaGty must have a ordinance to be covered by the law codified by this development plat of the trot prepared in accordance subchapter, with this subchapter and the applicable plans, rules. or ordinances of the municpality. Ar'i 1987. 700 Leg, ch. 149. i k, eff. Sept. 1. 19P7. Amend- ei by Aej 1990. 73rd Ley. of 1255, 1 1, eff. May 11, 1993 (b) A development plat must be prepared by a For tort cf section as amended by Acts registered professional land surveyor as a boundary 1991. urd Leg. ell 1044; 1 4, see f 111041 survey shcwing Post (I) each existing or proposed building, structure, 1 712.041. Municipality Coctred by Subchapter ~ or improvement or proposed modification of the external configuration of the building, structure, or rext of sect ion to amended by Acts improvement invoking a change of the building, r 1991, 7d rd Lap, c)t 1046. 14 structure, or improvement: i r This subchapter applies only to ■ municipality 'k 12) each easement and right-of-way within or { whose governing body chooses by ordinance to be abutting the boundary of the surveyed property: covered by this subchapter or chose by ordinance to it and be covered by the law codilled by this subchapter. 13) the dimensioru of each street sidewalk alley. Acts t 7199 Leg. ch. 119, ii t. ed. Sept 1,196?. Amend- squ am, par, k or other of the rort intended ed by Acts 1993 73rd Ley, ch 1016 1 1, eff. Aug. 30,19x1. i tta be dedicated to public use or for the use of for tent of section as amended by Arc I purchasers or owners of lots fronting on or adjacent 1993, 71rd Leg„ ch 135, 1 1, see 1 311,041 to toe street, sidewalk, alley, square, park, or other ante part 1 212.042. Application of Subchapter A (c) New development may not begin on the proper- The provisions of Sobchapter A that do not conllicl ty until the development plat is filed with and ap- with this subchapter apply to development plate. Proved by the municipality in accordance with Section 212.047. Acct 1967. 70th Leg. ch. 149.1 1. eff. Sept 1, 1961. (d) If a person is required under Subchapter A or 1 212.043. Definitions an ordinance of the municipality to file a subdivision In this subchapter. plat, a development plat is not required In addition to (1) "Development" means the new construction the subdivision plat or the enlargement of any exterior dimension of any Acts 1987, 10th beg, ch. 149,1 1, eff, Sept 1, 1967. Amend building, structure, or improvement ed by Acts 1989. 71st Leg„ ch. 1091, 1 26, eff. Sept 1. 1989. (2) "Extraterritorial Jurisdiction" means a munic• Building ipality's excsaterritorial jurisdiction u determined 1 212046. and Other Reltrtction er on Permits Issuance by Municipality, under Chapter 42. County, or Official of Other Govern- Arts 1967, 70th Leg, eh. 119, 1 1, eft. Sept 1, 1987• mental Entity 1 212,041. Plans, Rules, and Ordinances The municipality, a county, or an official of another After a public hearing on the matter, the municipal!- governmental entity may not issue a building permit ty may adopt general plans, rules, or ordinances gov- or any other type of permit for development on lots or erring development plats of land within the luruts and tracts subject to this subchapter until a development 317 lp~• Now ~pertdaNo q'tl~ ? 212,046 LOCAL G01'ERINNIEIYT CODE owe 7 (ale Plat is Ned with and approved by the municipality in + (b) A suit for ujunctive relief may bed brought in accordance with Section 212.017, the county in which the defendant resides, the county AeL 1987. 70th Leg. eh f49, i I. err Sept 1. 1987, In wh ch the violation or any county in which the~murdapa)ity is holly or 1 :12.011. Approval of Dtvelopment Plat Partly located. 11te municipality shall endorse approval on a devel- (c) In a suit to enjoin a violation or threat of a Opment Plat Ned with it if the plat conforms to: violation of this subchapter or a plan, rule, ordinance, (1) the general plans, rules, and ordinances of the or other order adopted under this subchapter, the municipality concerning its current and future court may grant the m streets, sidewalks, alleys, parks, PlaYgr'ounds, and manda~ ujunction unan warranted by y any the facto facts ichid or public utility fanlities; a lem rkluing porary restraining order, temporary injunction, (2) the general plans rules, and ordinances for or permanent injunction, the extension of the munkipalty or the extension (d) A person commits an offense if the person vio. improvement, or widening of its rowels, streets, and Lies this subchapter or a plan. rule, or ordinance public highways within the mum cipalty and in its adopted under this subchapter or ronsstent with this extraterritorial jurisdict;m taking into account ac- subchapter within the limits of the municipality. An cess to and extension of sewer and water mains and offense under this subsection is A Class C misdemean• the Instrumentalities of public utflties; and or. Each day the violation continues constitutes a f31 any general plans, rules, or ordinances separate offense. adopted under Section 212.911. (e) A suit under this . given prece. Acts 1987, 70th Leg. ch. 119. 1 1, eta Sept. 1, 1987, dc nee over all other c ~ ditref nttnature on the 1 212,018, Effect of Approval on Dedication docket of the trial or appellate court, The approval of a devefo i (f) It is no deferue to a criminal or coil suit under creel pment plat is not consid- this section that an agency of government other than acceptant* of any Proposed dedication for + the murtld*ty issued a license or pet public use or use by persons other that, the owner of I the constrocton, repair, or Alterat nn of any but uilddiinng the Property covered by the plat and does not impose ! structure, or improvement It also is no defense that on the mrunicipality any duty regarding the mainte- II the defendant had no knowledge of this subchapter or i nave or improvement of any purportedly Parts untrl the murdci , dedicated I of an applicable plan, rule, or ordutance. an actual appropriation Palos governing body makes !If Acts 1987. 70th Leg, th. 119. 1 1, eft. Sept 1, 1987. of the dedicated parts by forma) acce l Planer, entry, use, or improvement Acts 1967, Loth Leg, ch. 119, 1 1. CM, SepL 1, 1967. ' T CH SlTION C. DEVELOPER ICIPATION IN CONTRACT FOR R 1 212.019. Building Permlts In Extraterritorial PUBLIC IHPR01'B11E,TS Jurisdiction 1 212.071. Developer Participation Contract This subchapter does not authorize the municipality Without con I to require munkiPal building pennita or otherwise 6 P Yang with the comPetu a sealed bid- enforce the municipaltya building code in ate extrater- b0,00g0 Procedure h Chapter may a municipality with ritotial }uJurisdiction. or more inhabitants may make a contract with Acts 1987, rind a developer of a subdivision or land in the municipality ?Mh 1eU eh. 119, f t. ed. Sept. 1, 19e7. to oomstruct public improvements, not including a F 312.M. Enforcement Penalty building, related to the development If the contract does not meet the requirements of this subchapter, (a) If it appear that a violation or threat of a Chapter 252 applies to the contract if the contract violation of this subchapter or a plaq rule, or ordi- would otherwise be governed by that chapter. mart adopted under this subchapter or consistent Added by Acts 1989, test Le with this subchapter exista, the municipality Is entitled 1969. g" eh. I, 9 t7rb1. eR. Aug. 28, to aPProPfiste injunctive relief against the person who Section 414 n of we 190 tin prv ids; commftled. is the v104tlon committing. or is threatening to conunit f SeVdOrue I L Chapne 79, Al A U d the 7otnh tC~ e i,talto ftj~ pe r,lr SI8 i ) ) ~d~o bZ2 . g„ 7 ~ 212.902 LOCAL G0~'Eh`~}tE~T CODE Anlrhd3til! u' ch swcturea extending into t area betwtvr, prior to or during conswMion of school bu ldings, nor the 0- +et nd the building line mutt be brought s u,to conb,t e . a rice with ttie line. hall any agreement w9ive any tee or modify any 11 snoe of a municipality for an s•:mi"'sf.yJ.,A. athletic facility proposed for construction tcv 1,07, Ftth 1-4, ch. 119, 1 I, eff sersdice, or . Sept 1, 19tr. se i school distrtict. 1 213.005. Condemnation of Easements and Inter, by a i0, illt Leg. 6th CS.. ch. I. 1 318, eft. eats; Assessments Added bY Arts 1ir Sept 1, 1990. (a) .A municipality must fallout the same procedure C IAPTER 213. AUTHORITY OF MUNICIPAL' that it is authorized by law to use to open streets ITIES TO ESTABLISH BUII.DI%G LINES when lthenstitoteaaand conducts a condemnation pro- Section reeding to condemn an easement or interest sect" 213001. N iCor`. sary to establ h a building line; or 213002. B Wding Lines Auttiorixed. 213001, Acti,-Ity Prohibited wnhm Building Line. (2) imposes and collects an as<<essment based or, , benefits arising out of the esublishment of a 217213AOi A06. RCesolution ondemnatio or n Oof Em"rdinance menu and Interests" As- the i building fine against the property owner and prop sesarnents. ` erty abutting or in the vicinity of the building Gne. 213006, Condemnation of pruperty. (b) If, in the condemnation of a tract,the on oontrlp of the tract or the intcresu in the tract are n contra 1213.001• Definitions In this chapter. versy or unknown an award for the tract may be i (ll "Street" means a public highway. bouletarl. !i made in bulk and pad into court for t the ract use as of the yy, square, or str eet, or a part or side of try t_ parties owning or interested in the their ownersttip or interest appear. ings of the ape is of these' or other sUUc- (c) When the award and find r 2+ (2) "Swcture" means a building inted under Chapte lure, or a part of a building or other structure. cemmissioners, who are aPPo ' 1s9, f 1. e9. Sept t. 1987 . diction Property rn.er Code. the are condefiled with the court haying jul nwtion peoceedings. the award Arta 1981, 0th Leg. Ch, I ud are Ctnal and shall be made the j gnuem 2W.002. Building Lines Authorized and findings tion is due and pa}able or. court adopting the The got'erning body' of a municipality may, by reso, of the court. Compensation is lution or ordinance, establish a budding line on a rendition of the judgment by the , street in the municipality'' award, eh 119, 4 I, eC Sept 1. 191. ch. 1:4. 1 1, eft. Sept. 1. 1987. 1 Acts 1961. 10th Leg.. Aeu 1981. 7017 Leg , 1 213.003. ActivitY Prohibited Within Building 1 '2;3.006Before Coofde=te%pvation nfrlhe period for line conformanee set under Sectiodur0041 t2). as autho- !n the area between a street and a building tit following the same procedure pair law to use to institute condemnation p established under thLs chapt tiooro e stential the rued by 1 J pair o structure zero , may: of f t structure e is prohibited, ings between a and condemn property in Ana 1987, 70th Leg, cis. 119, f 7, ed. Sept 1, 1961. rema" 11 the e area a a street and a building line; and (2) impose an assessment against Property own- 1 213,001. Resolution of Ordinance ere and property that is benefited by the estabhth- ordin that b- Gabes (a) Ian buJding adopting a Gne, a resolutimuon or nicipality benlity mus ! Go F the meriteRL Of the building fine to the extent of the same procedure that it is su o`rized by law to use to sLree. (b) The municipality' must protproperty n t efogdha (b) acquire The land for resolution or ordinance must: hearing determination of: (1) descnbe the street affected and the location of (t) additional damages sustained by the remot'a the buJding Gne: and of It structure or the taking of land in the area (2) provide a Period, nol to exceed 25 years after line; or ~ Burin between a street and a building the date on which the line is established, g 320 i I VndaNo AgBndaltt>trl, ATTACHMENT 5 Dale 7- P&Z Minutes January 13, 1993 Page 6 Mr. Engelbrecht said that he sees this as an alternative to fences. He is not in favor of fences everywhere. They are a maintenance problem. The proposal would provide diversity and begins to address the idea of vegetation as a buffer. Ms. Huey asked if the health of the vegetation would be monitored. Mr. Yost replied that if the vegetation dies, the owner would be contacted by the City. Mr. Willis said that he likes to see screening done in different ways. 't'here must be better ways than wood, brick, and concrete. This is not an issue of money. The developer is doing this to make it look better. Having greenery around town is desirable. It was moved by Mr. Glasscock, seconded by Ms. Huey, and carried (5.1) to approve the modification to the screening requirements for the Offenbacker Addition. Mr. 4 Cochran voted against the motion. VI. Continue a public hearing and consider new development fees. Mr. Yost stated that over a year ago the staff began looking a revisions to the development fees. The fees need to be modified to make them more fair because there should be: a. Have more realistic variables, b. There has been no update since 1983, c. Fees should be in line with the cost of a review, d. New types of activities have been created. There is a need to at least recoup the cost of the process. Some of the fees have gone up, some have gone down, and some remained the same. Revenue will not be increased or decreased, the fees will just be more fair. He reviewed the predesign process as an example, as well as charts on the --adsting and proposed fees, hypothetical situations, and what other cities are doing. He said that the new fees have been reviewed by the Local Affairs Committee. The Council will consider the + new fee schedule with the Commission's recommendation, along with the revised subdivision regulations at a future date. No one was present to speak regarding the proposed new fees. a, +40endaNo 9~/-OZZ Agendall 7 Dole '7-12- P&Z Minutes 7ZDr 9 January 13, 1993 Page 7 ba backthe -up. staff recommends fees are based on review time opme t fTION; r. Yost ees as shown in the stated new RECOMEND and are more fair. Mr. Willis asked the reaction of the Local Affairs Committee to the proposed fees. Mr. Robbins said that there has been little reaction. Letters were also mailed to realtors and builders. No response has been received from the letters or after the Local Affairs Committee meeting. At the meeting, some concern was raised about a fee Increase. However, a fee increase is not proposed. Some fees will be more, but others will be less. Mr. Engelbrecht asked about increasing the fee for down-zoning. Mr. Robbins said that in 1988, when cumulative zoning was done away with, there was a need to let zoning become conforming with land ase, Anyone that had a j problem with their zoning has had five years to down-zone at little or no fee. It 1 appears that hundreds of acres of planned development zoning will be down-zoned I I in the future. The process creates as much work as other zoning cases. There is a E need to recoup the cost of the process. Mr. Engelbrecht stated that given the fees have not been revised since 1983, it is not surprising that some of them are being increased. ~J It was moved by Ms. Huey, seconded by bfr. Willis, and unanimously carried (6-0). VII. Director's Report Mr. Robbins stated that information on the proposed hike and bike trail system has S Staff is proposing around 40 been o included the a lot of interest plin the trail system. and esp ssion on this topic at the next meeting. Mr. Engelbrecht asked what funding is available. Mr. Robbins said that there are a number of sources but most of the funding will be from the CiP. ISTEA lets a percentage of money for highway transportation go to be available rom enhancements t sure of the final rules or how much mo hat twilll be He is no money. i j t v "r 4 vI\wpdocs\crd\platfees. 0 Agenda No 9"/ •Q `C-Z Agendaltem 7 ATTACHMENT 5 Dete_ - 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF FEES FOR FILING APPLICATIONS FOR REVIEW, APPROVAL, GRANT OR ISSU- ANCE OF PLATS, PLANS, PERMITS, LICENSES, CERTIFICATES, VARIANCES OR DESIGNATIONS REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF THE CODE OF ORDINANCES; MAKING THIS ORDINANCE CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the fee schedule set forth in Exhibit "A", attached hereto and made a part hereof for all purposes, is hereby authorized to be imposed for the filing of applications, review, approval, grant or issuance of plats, plans, permits, licenses, certificates, variances or designations required by the subdivision Rules and Regulations and Zoning Regulations set forth in Chapters 1 34 and 35 respectively of the Code of Ordinances of the City of Denton. SECTION II. That this ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such prior ordirance shall be in conflict; and as to all other sections of the ordinance not in direcc conflict herewith, this ordinance shall be and is hereby made cumulative except as to such priorereby ordinances or portions thereof as are expressly repealed 1 SECTION III. That if any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. SECTION IV. That this ordinance shall become effective on the day of , 1994. PASSED AND APPROVED this the day of 1994, BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., 6 fM1 tW~ Y A RF1 ~y. • Y RNF, AAe~daNo 'CIO~ ' F AWdalt fkte 7y~g9 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCHo CITY ATTORNEY 'f BYtIt/~ 1 4r Vij4sJM I} t Y a e .i ageriOaNo 2 EXHIBIT "A" Ape SCHEDULE OF DEVELOPMENT FEES 0319nOalle7?- j9 W-~ DEVELOPMENT ACTIVITY FEE Preliminary Plat, Final Plat or Conveyance Plat SF and Duplex Uses: $200 + SWiot A11 Other Uses: S200 + S101acre Preliminary or Final Replat SF and Duplex Uses: $200 + SW1ot All Other Uses: 5200 + 510/Iol Minor Plata 5200 + S6/lot General Development Plan S101acre (S!00 minimum) Vacation of Plat $175 Amending Plat $200 Variance to Subdivision Regulations $175 Predesign Conference 5200 Petition for Annexation $500 Historic Landmark Designation S65 l Specific Use Permit 51,000 + S501acre Zoning Cbenge (less than 5 acres) S850 Zoning Change (5 acres or more) 51,100 Downwning $850 [Andsceping Permit tw, Rigbl-of•Way or Easement Abandonment 1100 i i - Alternate Landscape Plan $200 Zoning Verification Letter $15 per site Planned Development District: Detailed Site Plan 51,000 + SM/acre (S6,000 maximum) Planned Development District General Concept 5500 + 5251ase ($3,000 maximum) or Central Development Plan Minor Amendment to Planned Development 5175 + additiooal S50 If processed Detailed Plan administratively Minor Amendment to Specific Use Permit 5175 + additional $50 if processed administratively Extension of time for Plat $50 Extension of Time for Planned Development $105 Detailed Plan Extension of Time for Specific Use Permit S105 A.1 } 4 i55 C f r gandaNo i A;TACFMT 6 ~~anda}( Mate Minutes 76 Pit Commission April 27, 1994 Page 7 V. Consider the acquisition of property at 2407, 2411 and 24 Stella, Lots 3, 4, and 5, Owsley Park Addition for use as park. STAFF REPORT: Given by Mickey Ohland. Mr. Ohland said the Owsley Coalition was formed several years ago to address community issues in the Owsley neighborhood. One of the concerns has been the need for a neighborhood park within walking distance. At the current time, low income families make up a large portion of the neighborhood tenant base which increases the importance for the need for recreational space. Three vacant lots owned by a Mr. Caldwell, located within the Owsley Park Addition have been identified as excellent opportunity to provide the surrounding community with a neighborhood park. The three lots are located at 2407, 2411, and 2415 Stella Street. The total combined size of the three lots is .5165 acres. The City of Denton is currently leasing the property from Mr. Caldwell for use as an open space park which is being used for the Parks and Recreation Departments Summer Food Service Program. The acquisition will allow the City to develop the property into a neighborhood park. The initial park j development would have a playground, park benches, landscaping, and trash receptacles. CDBG funding has already been approved for the park. L Mr. Cochran asked if anything had ever been on the lots. Mr. Ohiand said no, the lots have been vacant. Dr. Huey asked what was being asked of the cotmission. Mr. Ohland said the commission was being asked to make a recommendation to the City Council. Mr. Cochran said it was a great thing for the community to invest in. Dr. Huey made the motion to recommend approval of the acquisition of property at 24071 2411 and 2415 Stella, Lots 31 4, and 5, Owsley Park Addition for use as a park. Mr. Norton seconded and the motion carried unanimously (5-0). VI. work Session. Discuss the draft subdivision process ordinance and 7b i I t l~ ppC 5 l ,gendaNa..rq ~gen~att -gate 7 / C/ 9 Minutes G Piz Commission April 27, 1994 Page 8 give staff direction. STAFF REPORT: Given by Frank Robbins. Mr. Robbins explained the rewrite process began in 1990. The draft ordinance shows regulatory streamlining and additions that are consistent with state enabling law dealing with the plat process. He explained that staff would be going over the draft ordinance in work sessions with the commission until the commission directs staff to put a public hearing on the agenda. Mr. Robbins began going over the summary of the major changes. There was some concern over the change that showed staff approval only for preliminary and final plats where there are four or less lots, no variances, and no utility or road extensions. Mr. Engelbrecht asked if there would be any provision for staff to notify the commission and the council of staff action. Mr. Robbins said no, there would not be any provisions for notifications. Mr. Cochran said he felt there should be some type of notification to the commission and the council concerning staff action. The notifications could be a single page E added the packets. Lat veral items were discussed and it was decided to continue f another meeting. i VII.i VIII Director's Report and Future Agenda Items. Mr. Robbins said the meeting on May 11, 1994 would have five or six development cases and the CIP hearing. The meeting adjourned at 8:00 p.m. k S1 ,.77 I ~ M Y . ~ r f r t ~gendaNo 9u' agendas( ~ I ate _ 7-l 2`~ . Minutes 7 p Pit Commission June 8, 1994 Page 10 designee to proceed with each item in accordance with the staff recommendation. a. Consider the final plat of the Northwood Addition, Lots 1 through S. Block A. The 2.805 acre site is located on the southeast corner of Old North Road and Windsor. b. Consider the preliminary plat of Lots 1 and 2, Block 1, Denton County Municipal Project. The 17.9335 acre ' tract is located on uddell Street south of East Hickory Street, Dr. Huey: I move adoption of the consent agenda. i Mr. Nortons I second. Rt Mr. Engelbrecht: Motion carries unanimously (6-0). i Mr. Cochran: What is planned on Hickory St. and Ruddell? 1 } Ms. Goodwin: You will be seeing a rezoning request at your next meeting, they are proposing a county vehicle maintenance 11 facility. Mr. Engelbrecht: We will pause until 6:30. i + V. Work Session. I Discuss the draft platting process ordinance and give I staff direction. 1 Mr. Robbinss The proposed draft ordinance will be slightly amended between now and the public hearing, The changes E pertain to 2 basic areas. First, to be in accordance with the { state law. The other major area is streamlining. That mostly l has to do with who approves different types of plats. We will review the types of plats we have now in the ordinance and who would approve those. k Minor Plats: 4 lots or less, less than 5,000 ADT. It is not in the state law, so we are a little bit more strict. We feel like for that type of subdivision, it probably should be done in public rather than by the staff. The state law enables staff to approve plats. Those are not addressed in the ordinance now and those would be approved by staff in actor- 78 Y f I r~ ip f_ . aeRdaltert~ ~ 7-1Z-91/ Minutes p&z commission June 8, 1994 Page 11 dance with state law. Dr. wovid be c if staff does not feel they referred to the planning and zoning approve, then it The ns. den apprcre the plates it it is inaaccordana with thplregulatiat. Mr. Cochran: When there is staff approval in the new proposed system, will there be a method of informing the chairman of the planning and zoning commission when this is taking place? I Mr. Robbins: That is not in the draft ordinance. Mr. Cochran: I would like to propose we put something like that formed,we arerlosing some notification. r feelslike the more ~ people who know about something like that, the better the community would be served. I do not feel like notification should be a burden on the staff. It is something that would be a prudent for us to be aware of. Dr. Huey: I just question anything that' requires more paperwork. This is a nondiscretionary action on the part of staff. If if thit meet the ey can't agree, it automatically a comes they use to do it Mr. Cochran: I agree that saving paper is a goal, but there will be a lot less paper generated by a mere letter of information on each plat that goes through. 1 feel like as a commissioner, I would like to know what is going on with the planning department. This is an area that we have some 99 responsibility to. If the staff is given that power, and i 1 think they should, asking then to have another level of accountability is not going to burden them in anyway. Mr. Engelbrechts I have found errors and I know other commissioners have found errors in the past on plats. I don't know how valuable the notification is without the large document to view. advocating a courtesy. Mr. Cochran: I am not trouble. I an advocating that we do this w as g much Mr. Norton,. A courtesy to who? Mr. Cochran,. To the members of the commission. I can see t . c s Ei i~ +gendaNo Agendall;em Minutes DeIE_ Pit Commission June B, 1994 Page 12 that there are some questions about the decisions we make. This commission is all about dealing with differences in opinion and how the laws are to be interpreted. Mr. Robbins: There may be a couple of issues that you are talking about. one is in the ordinance, requiring some type of notification. The records of what has been done are available for anyone to see at anytime. Mr. Engelbrecht: Would this not be included in your quarterly report? Don't you give out the number of preliminary and final plats that were processed? Could you break it down to those approved by staff. F Mr. Robbins: Yes. Mr. Cochran: Basically what we don't want is a bunch of "bums" in the office making arbitrary decisions. I feel like having some level of awareness is not going to burden them. It seems like a prudent thing to me that if we are giving up an essential power, we should make sure there are some safe- guards so there is no abuse. Mr. Robbins. It is the Development Review Committee, Frank is just one vote on the DRC. There are 8 people on that commit- tee 3 { Mr. Engelbrecht: If they are reporting it quarterly, they can ~J present the report. Mr. Cochran: At least that way, people could detect a trend. Mr. Engelbrecht: From that prospective a quarterly report will do that better, it will show last quarter and this quarter. Mr. Cochran: It will only show numbers, it's not going to show who they went to. Ms. Flemming: Could it be presented in the same fashion as the consent agenda. Mr. Robbinss No, the Development Review Committee couldn't have a consent agenda. Technically it's not possible. With a consent agenda you have the opportunity to pull it off Consent to discuss, but your right, it is essentially the same type of thing. a ti . ♦ 1 V t1 agenda No '6 Agendaltem Minutes Date Pit Commission gd June 8, 1994 Page 12 that there are some questions about the decisions we make. This commission is all about dealing with differences in opinion and how the laws a;-e to be interpreted. Mr. Robbins: There may be a couple of issues that you are talking about. One is in the ordinance, requiring some type of notification. The records of what has been done are available for anyone to see at anytime. Mr. Engelbrecht: Would this not be included in your quarterly report? Don't you give out the number of preliminary and final plats that were processed? Could you break it down to those approved by staff. Mr. Robbins: Yes. I Mr. Cochran: Basically what we don't want is a bunch of "bums" in the office making arbitrary decisions. I feel like having some level of awareness is not going to burden them. It seems like a prudent thing to no that if we are giving up an essential power, we should make sure there are some safe- guards so there is no abuse. i I Mr. Robbins: It is the Development Review committee, Frank is just one vote on the DRC. There are 8 people on that commit- tee Mr. Engelbrecht: If they are reporting it quarterly, they can L~ present the report. Mr. Cochran: At least that way, people could detect a trend. Mr. Engelbrecht: From that prospective a quarterly report will do that better, it will show last quarter and this quarter. Mr. Cochran: It will only show nunbers, it's not going to show who they went to. i! Ms. Flemming: Could it be presented in the same fashion as the consent agenda. Mr. Robbins: No, the Development Review Committee couldn't have a consent agenda. Technically it's not possible. With a consent agenda you have the opportunity to pull it off ;i consent to discuss, but your right, it is essentially the same type of thing. .j 90 i a y P 4 QendaNo .aendalf Minutes ptR Pit Commission June Or 1991 Page 19 Mr. Engelbrecht: The commissioners are free to simply ask Mr. Robbins at any and all meetings if they approved any minor plats during the last two weeks. Mr. Robbins: Today all preliminary plats are approved by the council and the planning and zoning commission would be the approving authority. The planning and zoning commission ap- proves major final plats now, and would continue to approve those. A major plat, less than five acres, on which there is no infrastructure, you can combine the preliminary and final I plat. The planning and zoning commission approves that, that has not changed. 1 Mr. Engelbrecht: Would it have to be greater than 5,000 ' k trips? t Mr. Robbins: If it has more than 5,000 trips, that does not qualify as a minor plat. Mr. Sucek: Any of these things where there is a variance to the development exactions, it would still go to council. Mr. Robbins: A minor plat with a variance has to go through the planning and zoning commission, or in some cases it would go all the way to council. It depends on the type of vari- ance. Mr. Cochran: Can you give me an example of a development that is close to the 5,000 average daily trip rate? Mr. Robbins: I could get it for you, but it is in the office. A local street handles maximum 5,000 ADT. That is a lot of cars. An average number is 60 trips per 1,000 square feet of commercial or retail. Residential replats: The lots have already been platted. It has been zoned or deed restricted in the last 5 years to 1 to 2 family. They are essentially adding the number of lots in that plat. By state law, that has to have a public hearing before you can approve that. All replats now go to the council. The staff can't hold public hearings, so it goes to the planning and zoning commission. The only change is now council and planning and zoning gets it. Other types of repl- ats, some now go to planning and zoning and some can be done by council, all will be done by planning and zoning. Amending plats: They are in the state law, but not in our ~endbMo~ "~P~ 7 Agendalit AM- Minutes Date V PiZ commission IY99 June 8, 1994 Page 14 ordinance. The planning and zoning commission would be the approval authority. Vacation of plats: An instrument comes in, that document just makes the plat go away. Our ordinance doesn't address it, so we used the state law and essentially it says you will follow a certain section of the local government code. Development Plats: Not in our ordinance now, and the planning and zoning commission would be the approving authority. Conveyance Plats: Thes. :es of plats are not specifically enabled by name in the state enabling legislation, but the enabling legislation allows us to create this. The planning and zoning, commission would be the approving authority. Essentially a conveyance plat enables the conveyance of land, sale, or subdivision of land. This can occur without public improvements literally being built before the occurance of subdivision and sale transaction. It lays out what the public improvements would be for each lot. This enables the company that has big chunks of land to break it up and sell it with a conveyance plat and not have to build the infrastructure. He t has to show on the conveyance plat what the infrastructure j would be. When someone develops a piece of the conveyance plat, then they build the infrastructure in before development could occur. Mr. Bucek: A developer who is going to develop it, comes in with the preliminary plat and starts the process at that point. Its the kind of a deal where there are speculators coming in tying up the system. f Dr. Huey: Explain exactions. Mr. Robbins: Exactions include public improvements that are needed to support that development. Regulations in respect to variances. Today the decision is by the city council and then the planning and zoning commis- sion would approve it. The reason for that is it eliminates redundancy and saves time. Today variances to requirements to build public Irprovements are decided by the council. The proposal would be that the council would also have to approve variances of that type. It is a variance that requests that I not have to build sidewalks, streets, or build it to city specifications. When we did the plat determination for Hawk valley, we talked about the standards for the streets. They 7 ,I' a k ! f r i AgeWaNo 9~- Agendal Date ci minutes ry ~ Piz Commission June 8, 1991 Page 15 proposed a variance to the city's regulations to build the street, at county standards rather than city standards. That would still go to the council. Subdivision Procedures: As written today, variances can only be submitted with a preliminary plat. In the proposal, they could be submitted at anytime. Mr. Engelbrechtt With regard to preliminary and final plats, joint submission, why bother with the preliminary? why not just have final? Doesn't the developer have to submit the drawings for both the preliminary and the final? Mr. Robbinst Yes. There is different information shown on both. Mr. Engelbrecht: what is different? Mr. Robbins: Topography for instance, is on the preliminary, curb cut locations, etc. If we said one plat, we would have to add some of the information that is on the preliminary and have them show it on the final. j Mr. Englebrecht: In the state enabling legislation, it says the municipality may delegate the ability to approve a minor plat to an employee of the municipality. Mr. Bucek: My understanding is that the minor plat will be signed by the chairman of the Development Review Committee. 1 Mr. Engelbrecht: Does the ordinance designate the individual? Mr. Bucek: It certainly wouldn't hurt to state who is going to sign the minor plat. Mr. Robbins: It doesn't say you can't designate it to a group of other people either. Mr. Engelbrechtt Do we need to actually designate an individ- ual? Mr. Bucek: Generally the city manager designates who the chairman of the Development Review Committee will be. Mr. Robbinst If you are going to have a DRC, I think you ought to have somebody who is on DRC signing minor plats. . ~gendaltm~ ~7 Minutes ateo~Q9 Piz Commission June 0, 1994 Page 16 Mr. Cochran: Is there a definition for minor plats under the state ordinance or is that left up to the municipality? Mr. Robbins: Yes, it is defined in the ordinance. Mr. Cochran: Their definition is different from our defini- tion. Mr. Bucek: If there is a variance or an exaction, it has to come to the planning and zoning commission. Mr. Robbins: Ours is more strict than the states. Mr. Cochran: I don't have a problem with the definition of minor plats under the state regulations at all. Mr. Engelbrecht: It doesn't give a lot size. Mr. Norton: Four lots could be a few acres. Mr. Robbins: in earlier review, that was the issue that brought us to the 5,000 ADT. General Development: The planning and zoning commission decides and it is proposed that they would continue to decide. Development of a single tract. If it was subdivided prior to 1960, (before subdivision regulations) and there was no street i or public improvements, no extension was zequired. They are now required to plat. This could be the decision of the planning and zoning commission or the council depending on the situation. This says platting is required, but no further exactions. Single family or duplex development on a single tract with streets, utilities, and drainage in place, regardless of when it occurred, there are no exactions needed. The right of way is already there. Dr. Huey: where would approval lie? Mr. Robbins: It depends on the type of plat. It is probably going to be staff because it will probably small and no utility or road extensions required. Mr. Salmons On a single family or duplex, we don't get a sidewalk anyway it it is a single tract. in the ordinance it 4 ~18 j" I 1 . t y ~ V i i . $endaNo 94 ''OPz~ Ageadell # 7 Dale 9~1 minutes do 5a1100 99 Pit Commission June 8, 1994 Page 17 already excludes a single family tract. Mr. Robbins: Additions or alterations to existing buildings. If no drainage, street, utility, additional parking, curb cut, or street access changes are needed, then, platting would not be required. We talked about development plats in which there is no provision now, they would be enabled. An apprdval would be by the planning and zoning commission or staff if they are minor development plats. Now under state law, when we adopt development plats, they do not have to plat if the subdivision is greater than 5 acres with access to public streets with no public improvements made under the existing state law to plat. This would apply outside of the city limits only. A subdivision plat isn't required by state law. A development plat is not a plat of a subdivision. You don't have to be literally subdividing land for a develop- ment plat to be required. In the situation where subdivision has occurred, the state law doesn't require a subdivision plat before the house or development could occur on those lots. We are going to require platting to occur and it be the develop- ment plat. I think it is real important to require platting out where people are subdividing on an existing county road. For that reason alone, I think we need to have development plats and that they apply in the ETJ. Mr. Norton: why do you feel this wasn't addressed in the state ordinance? Mr. Sucek: I thought the development plat is out of the state statute. Mr. Robbins: Development plats are enabled by state law. Number 13 is a subdivision situation for which there is not any development. Essentially, somebody is cutting up their farm or ranch. Various land subdivisions by the court, inheritance for cemeteries, or for a land dedication is not addressed in our ordinance at this time. This is a clarification issue to be in accordance with case law and the state law. It will state in the ordinance that platting isn't required. Today, a final plat is required on the tract that would be cut out and developed. A GDP is required on the rest of the land that is owned. This is getting to be more strict. The preliminary . i aenea~o 94 oendalfe Minutes 5699 Piz Commission June 6, 1994 Page 18 plat will have to have more information. It the size of the bigger tract is between 20 and 40 acres, has no development, or land sale then a GDP would be required on the larger tract. Then, you could have a conveyance plat. A GDP could be filed if you have conveyance plat on 5+ acres, a final plat on a part less than 5 acres, and development on a portion being cut out on the larger tract. A final plat could be required on the cut out. If the size of the tract is larger than 40 plus acres and there is no development, then platting is not required. If there is development on the cut out tract, there would be a GDP on the larger tract and a final plat on the cut out. If the tract is 19.9 acres or less, we allow them-to submit a GDP on the whole part and a final plat on the part they would be developing. This says that if you have 20 acres or less that you own entirely, you are going to have to submit a prelimi- nary plat. This gives us more information than a general development plan. We get a preliminary drainage study with preliminary plats. General Development Plan. We are going to require additional information with respect to how much traffic would be generat- ed and how much storm water run off there would be. This is not hard data to provide. Amending plats, again this is just various scenarios of types of amending plats and who would approve them. Residential replat notice, a situation in which our regula- tions are out of date. Two legislative changes are out of date. Right now, when a residential replat notice is provid- ed, our regulations say all lots within a subdivision unless there is more than 100 lots, you give notice within a 500 foot radius. The proposal would give notice to lot owners within 200 feet and within the subdivision that is being replatted. Mr. Cochran: If you are outside of the subdivision but within two hundred feet you are not going to get notice. Is that in the state regulation and why? Mr. Robbins: Yes, because you are just replotting a subdivi- sion a number of people bought into. Those sire the folks that would be in the deed restrictions and those kind of things. Those are the people who would have the most interest. t y'~y, ~gendaNo R~/-022 Apeodalt date minutes 76 Pit Commission June e, 1994 Page 19 Mr. Engelbrechtt That sounds good, but I think public hearings alone suggest that it is true. From the legal standpoint, you need to notify the people in the subdivision because of deed restrictions. Mr. Norton: I am not agreeing with what you said. Mr. Bucek: I think you meant to say if you are more than 200 feet, but prior law y was a you i didn't s get notice if you were note. the subdivision, but more than 200 feet away. Mr. Cochrane That is not what it says here. Mr. Bucek: It sounds like if you are within 200 hundred feet or in the subdivision that is being replatted, you get notice. Mr. Robbins: No, it says notice to lot owners within 200 feet and within the subdivision being replatted. Both have to apply. That is what the state law says. We would add a pro- vision in the state law that says if a variance is requested with that residential replat, then the 2111 rule or super majority rule would apply. Dr. Huey: That 201 does not have to be within the notifi- cation area? Mr. Robbins: Yes, it does. You could put in your ordinance that you are going to give notice to everyone within 200 feet, subdivision and within 200 feet for the 20=b rule. That the what the state law says. Mr. Cochran: My only problem with this is that it assumes if you live outside the subdivision, you have less interest in what is going on. Mr. Engelbrecht: I am surprised that this one will pass the constitutional mustard. Mr. Robbins: The state law says you shall approve this in the course of the subdivision regulations. Vacation of plate is not enabled or listed in our regulations now, so we will add that provision according to state law. It will be approved by the planning and zoning commission. There will be a government initiated plat vacation enabled under 67 I ~ t i i Z Venda No P77 4ABedaltern minutes Ikte ___Z1 POZ Commission 0 _/t? June 8, 1994 Page 20 certain conditions. That is not mentioned in our ordinance. Enforcement through utility companies, the state law now has a provision requiring that before utilities are hooked up to a development it has to have a certificate stating a plat was approved or denied. Additional information that we are going to require will be requiring folks to show finished flood elevations for build- ings in or near the 100 year flood plain. That information has to be shown on the final plat. Public Improvement Guarantees. One is a payment bond. This is a bond or escrow agreement that guarantees .he contractor will paid and clear the city from any situation if the contractor isn't paid. The other is a performance bond. It guarantees it will be built, if it isn't built, the city gets the money or collects from the insurance company that had the bond. on a payment bond, our ordinance now says if the cost is $50,000.00 or less, then you can use an escrow rather than a bond. State law says $25,000.00. Right now our performance bond ordinance says if you are less than $50,000.00 you can escrow it, this is going to $100,000.00. We are going to allow the warranty I to be part of the performance bond as one document. The performance bond would guarantee it would be built and working for 1 year. That is all of the major changes. VI. 'Director's Report. VII. Future Agenda Items. Mr. Engelbrecht: I see 3 preliminary plats for June 22. Mr. Robbins: There are going to be some changes. Mr. Yost found a zoning case for an existing apartment complex called Prairie Hollow, that will be on June 22. The Denton County Municipal Complex, zoning for that will be on 6-22-94. Mr. Engelbrecht: We may have 3 zoning case on the next agenda? Mr. Robbins: Yes. Sleep inn is a new motel on I-35 near Lindsay Street. We are not sure if the plats for Denton i ~DendaNo _ 9~1-D.?~ DRAFT ageadaltem MINUTES ate 7- /241 PLANNING AND ZONING COMMISSION June 22, 1994 v " The Regular Meeting of the Planning and Zoning Commission of the City of Denton, Texas will be held on Wednesday, June 22, 1994, and will begin at 5:00 p.m. in the City Council Chambers, 215 E. McKinney at which the following items will be considered: PRESENT FROM P & Z: Chairman Engelbrecht, Mike Cochran, Katie Flemming, Dick Norton, Cr. Huey, Barbara Russell, Richard Cooper ABSENT FROM P & Z: PRESENT FROM STAFF: Frank Robbins, Executive Director of Planning and Developments Mike Bucek, Assistant City Attorney; Deborah Goodwin, Urban Planner; Owen Yost, Urban Planner; David Salmon, senior City Civil Engineer; Lisa Manning, Secretary. 1. Consider approval of the minutes of the may 25, 1994 and June 8, 1994 meeting. Correct minutes from May 25, 1994 and present at the next meeting. Mr. Cochran: I move to approve tha minutes from June 8, 1994 as corrected. Mrs. Russell: I second. Mr. Engelbrecht: Motion carries unanimously (6-0) II. Hold a public hearing and consider an ordinance repealing Sections 34-1 through 34-98 of Chapter 34 of the Code of Ordinances entitled "Subdivision and Land Development" by adopting new Sections 34-1 through 34-37; by amending Section 34-114(17) and repealing section 34-127; such revisions providing for the approval of minor plats by the development review committee; granting of variances and waiver of developmental exactions; denying connection to utilities sorvices until appropriate certificates have been obtained; defining terms contained in the ordinance; providing procedures for submission and approval of plans and preliminary and final plats; requiring approval of plats and construction plans for public improvements prior to development of land; providing a simplified plat pro- cess; adopting state guidelines for vacating a plat, replatting without vacating a preceding plat and amending plats; providing for government initiated plat vacation; providing for conveyance plats; providing developmental standards LL the extraterritorial jurisdiction; providing an annexation policy; providing requirements to be met before improvements begin; providing for adoption of i 1 RAI ~ II AAe~aan~ Dote 7- -90 Minutes k6Z commission 90~ June 22, 1994 page 2 coverage under 5212.041 of the local government code relating to development plats; providing a severabilit., clauses providing a savings clause; providing for a maximum penalty of $500.00 for -iolations thereof; and providing for an effective date. Staff Report by Frank Robbins. This is the ordinance that the commission has hold two pr!:vious work sessions on. I will not go through the aocuments we have discussed such as types of plats and situations that this ordinance would amend, unless the commission requests it. I will simply say to the commis- sion that I believe there waR a consensus that those issues discussed at the tvn work sessions be adopted. If that were the case, I think there are two fundamental categories that are being addressed by this ordinance. First, the regulations would be substantially streamlined, particularly in terms of the decision making process. A number of provisions of the state laws ate incorporated into this ordinance that are not now in our ordinance. .'his ordinance would be substantially updated. On page 39 of the draft ordinance, page 103 of your back up, section 34:114 this allows in single family residen- tial developments, sidewalks that would be built on the interior streets and local streets of the subdivision. Where most of the houses will be built, the sidewalks would not have to be built with the other public improve- i ments. For instance, the sidewalks would not have to be ~J built at the same time the roads were built, the drainage improvements were put in and so forth. Instead, those sidewalks would be able to be built at the time the house is built. All the sidewalks in the subdivision have to be built so that they connect within three years. There would be an escrow put in place by the developer equalling 110%. But that could be released as construction of those sidewalks are constructed. The reason for this is when they build that house, they are driving on and off with heavy equipment and they are not sure at the time where they will put the driveway. Quite frequently they cut the sidewalk to put the driveway in. They breakup the sidewalk when they are working on the foundation. Staff is recommending this provision be added to add some flexibility and save some cost for all of us in terms of sidewalks construction. We had not talked at all about that provision in this draft ordinance before and I just wanted to point that out. qC) i DRAFT ienaano ,Qenda{tem~ 7 Minutes Pit Commission gip June 22, 1994 9! 99 Page 3 Mr. Ccchran: When does the clock start on that three years? Mr. Robbins: When the land is platted. There is a $25,000.00 escrow. If the sidewalks cost more than that, state law disables us from having an escrow agreement. We are doing three way contracts, tho builder would have the opportunity to do this and that would start the three year clock. Dr. Huey: How does this relate to the material in agenda item 8? Mr. Robbins: Agenda item 8 has to do with a different sidewalk issue which is sidewalks to nowhere. If a sidewalk in a subdivision were on a major street that didn't have sidewalks on either end, that might be characterized as sidewalks to nowhere. We felt that was the issue that the commission wanted us to report on. That is not related to this situation. Some of the ideas associated with this amendment might be part of the sidewalk to no where issue. Dr. Huey: The question whether to impact or not impact, I does this answer this issue or is it totally irrelevant? c Mr. Robbins: The fees proposed in this ordinance are not J fees in lieu of nor are they impact fees. With a fee in lieu of they will give us the money and we would build it. With an impact fee, you pay a fee for the Impact of your development as a function of that development for whatever infrastructure demands you make. The proposal does not require a fee to be paid. It is neither an impact fee or fee in lieu of. Dr. Huey: Explain on page 107 under F. Mr. Robbins: That is a guarantee that those sidewalks will be built. The development interests, whether it be the developer or home builder, will build the sidewalks. He is not giving us the money to have us b.:ild them, that Is what you do with impact fees or fees in lieu of. That is a guarantee that to would build them. According to this ordinance, they have three years to do that. If they don't do it in three years, the city has the opportunity to get the escrow money to build it. That is an enforce- ment action. 1 A { o II r sll -Venda No MI 1~ Date. -oJr Minutes P62 Commission June 22, 1994 Page 4 Mrs. Russell: If it took two years for the developer to build out all of the lots, then he doesn't have to do the sidewalk until all of them are built? Mr. Robbins: The sidewalks would be required to be built with each house. That is how they would link up. At the end of three years, if all of the houses haven't been built the sidewalks haven't been built. 'At that point, the remainder of the sidewalks would have to be built. It is part of the C.O. process. Mrs. Russell: 110% sounds reasonable, but this is put in an escrow account, is it possible to put this in an interest bearing account? Is it possible for the develop- er to have the interest? Mr. Bucek: on all of our other escrows, it has been an interest bearing account. In a normal escrow, if you have to build a street within 9 years and in 9 years you don't build the street, the developer gets their funds back with interest. Usually that is handled in the escrow agreement they sign. ;r Mr. Salmon: One thing I want to add is at the end of the period, th'e developer does get the interest money that 1 accrued on the escrow account. But, the reason for the 110% is that we base the amount of money on an engineers estimate. That gives us a little bit of lee way in case the estimate isn't exactly correct. Mr. Norton: How did we arrive at three years, in a larger plat, 3 years could be binding? Mr. Robbins: This is really an agreement with the homes building community as an appropriate number. I want to point out another provision that is part of the ordinance, Section 3 Chapter 34 of the code of ordinances, that, is hereby amended by appealing 34.127. We have not gone through this in detail and I would like to point this out tonight. That entire section is deleted. It is a good policy statement in my opinion. It is a statement that is difficult to administer. It is hard to know exactly, when you get into the platting process, when it applies or it doesn't. There are some policies statements in the Denton Development Plan consistent with the infill policy that I believe this statement applies to. From a regulatory'or enforcement standpoint it is hard to use. endaNo z _ g ngendaiSem.~ DRAFT -l Minutes PiZ Commission ~1B June 22, 1994 93od 99 Page 5 I don't recall it to be used in the last 6 years. The policy shall apply to lots that have previously been platted or developed and are currently being redeveloped. with streamlining, many of the development that fits that description will not have to plat at all. If it's a single tract that was subdivided before 1960, platting isn't required. We are implementing that policy statement with many of the provisions in this ordinance. For such areas with existing community services such as streets, 1 water, and sewer shall be considered the reuponsibility of the city. They should be upgraded as funds are available and/or during the regular assessment program. I believe the commission has heard a briefing about an infill policy that the%itility department is proposing. The council has directed that the policy be developed. The commission will see that policy back. It is a program that imple- ments that paragraph with existing money to extend utilities. Specifically to infill sites under some specific criteria. I think we are following along exactly the lines of a policy statement but implementing it in other ways. That section is proposed to be deleted. We have placed a fee schedule in your backup. It's not up for consideration tonight, but the commission may wish to { give us some direction on that. The commission has previously approved a fee schedule that would in part, have a fee schedule for some of the plats described in this ordinance. The commission in January 1993, approved those fees after a public hearing. Those fees literally are not part of the ordinance for your consideration tonight, but in the backup for information. Mr. Engelbrecht: This is a public hearing'. Would anyone like to speak in favor of the petition? in opposition? Leona Franklin: 101 Noith Ruddell, where would I come in on the sidewalk issue? Mr. Engelbrecht: You realize that with regard to the subdivision and land development regulations, this would only apply if you were going to subdivide you property. In the case that it was a single lot, there wouldn't be any requirement at all. I am not sure what your issue is. Ms. Franklin: I am opposed to the rezoning. I see the issue as lowering my existing property value more than it is at the present time. 1, t gendaNo 40 DRAF DZ? kgendalte t Minutes P&2 Commission wtF ^T/~`'~'D ` ' June 22, 1994 Page 6 i Mr. Engelbrecht: Are you concerned about the property east of Ruddell behind the jail? Ms. Franklin: Yes. Mr. Engelbrecht: We are going to talk about this case in just a minute. This has to deal with a different issue. We could take your comments now, but I think it might be more appropriate if we take them with that case. Public hearing is closed. Mr. Robbins: The sidewalk session we talked about earlier would not apply. The rules that are on your table now will not change the situation that applies to that zoning case. Mr. Sucek: There is a revision that will be part of the record. Presently on preliminary plats, it shows that the council is approving those. Those would be done by the planning and zoning commission entirely. 'The thing that fits into that is the council will still be reviewing j plats if there is an issue of waiver of 'exactions. We don't want to lose sight of that. If a developer has a certain responsibility to build certain public improve- ments and asks those be waived, those issues would still be reviewed by council. If they are waived, the council would then be using general fund or other sources to pay for those. You have to have their input. A plat that comes before you that doesn't affect those waivers, you would then be approving the preliminary and final plat. That is where the correction was made. Mr. Cochrant We have a number of items not in the ordinance now, how are we handling those? Mr. Robbins: We are following and applying the state law. Mr. Cochran: State laws dictate that the planning and zoning commission approves, is this correct? Mr. Robbins: The state law allows either a commission or the council to be the final approving authority. Mr. Cochrans In our work session we discussed approval of minor plats through staff and DRC. I offered that when staff approved minor plate, that there be some notifi- cation by letter. This is a power that we would be 4q TIP gondaNo DR91 ~genda~tem W`> Minutes P&2 Commission ?ale .2 /0-%1 June 22, 1994 7 S9 Page 7 giving up as citizens. What is the definition of a minor plat. According to standards, minor plats are something along the order of an 8 screen movie theater, 15 hundred unit apartment complex, 70,000 square foot discount store, 500,000 square foot shopping center, 550,00 general office, or a 130 acre manufacturing facility. I don't think these plats fit into the category of a minor plat. I support the idea of streamlining the process. I don't think it is asking too much to be notified when things like this.go on. I would contend this definition of a minor plat is too much. I would like to suggest the possibility of lowering the size of wnat we consider a minor plat. I don't think citizens will be served any better if we turn approval of plats of this magnitude to the staff. I would propose that we lower the size'of the average daily trips and cut it in half and ask for some notification. Mr. Engelbrecht: I think it might be appropriate to get staff response on that request. It has been proposed that the minor plat definition be changed such that the vehicular traffic count (ADT) would read 2,500 as opposed to 5,000 or more vehicles. In essence, this cuts down the size of the property involved in any minor plat situation. Mr. Robbins: This is not a technically oriented issue nor is it an issue that the staff would have any difficulty going one way or the other. Staff felt that there needed to be some so that the idea of a modifier was originally thought of by the staff. The state law does not have this modifier in it. The information Mr. Cochran indicates to you about the amount of development that could be done on 5,000 ADT is accurate. It is an issue that you need to decide. You will cut those kind of developments in half. They have to go through what now can be a 30 day process instead of a potentially 6 day process. You need to decide who you want to be the decision maker. Mr. Bucek: One thing I don't want us to lose sight of is platting. Your discretion on plats is very limited. If they meet guidelines, you have to approve them. This says all municipal facilities must be in, what we are saying is if there is 130 acres with all the municipal facilities in, it will be tough for you to tell them their plat is bad. Staff does not have a lot of discretion. Mr. Cochran: I didn't mean to imply this would be a daily issue. If it is going to go under the category of minor t; Y A D Ili , 7-7 igeodaNo.. !J R 4gendaltem_ 5~ Oete r7 *941 Minutes PiZ Commission June 22, 1994 Page 8 development, I feel like this is something we should consider. Mr. Cochran: I move to amend the ordinance by changing the definition of minor plats from 5000 ADT to 2500 ADT. Dr. Huey: I second the motion. Mr. Engelbrecht: It has been moved and seconded to change the definition of minor plats to read ADT of 2500 from the value of 5000. Mr. Bucek: Also on Page 68 you had the same 5,000 criteria, and you may want to make that change as well. Mr. Norton: I find difficulty in imagining any type of development that would not require any improvements by the municipality. I can understand the reason for changing from 5,000 to 2500. However, if you look at that with any criticality, there is not likely to ever be a 5000 ADT without some municipal requirements. I will support the 1 2500. 3 Mr. Engelbrecht: All in favor? Motion carries unanimous- J ` ly (6-0). Mr. Cochrans I have one other amendment. At the work session we discussed the notification situation. I feel it is not unreasonable to ask when an approval is being made by staff, that we be notified by letter. This should not be a burden on staff. Mr. Engelbrecht: Mr. Bucek, if we make that part of the ordinance as opposed to an administrative policy and staff fails to report, are they in violation of the law? Mr. Bucek: That type of procedure probably doesn't come under the criminal penalty provision. Mr. Cochran: I would make a motion that we ask for notification when staff approves preliminary plats. Mr. Engelbrecht: Is your motion suggesting that it be added to the ordinance or that we make a separation policy statement? Mr. Cochran: What would be the most streamline? 1 fib i a u f t 9 D D ~ge~aNo D aAendaltem, Minutes Pit Commission 09te- /I / June 22, 1991 7q9 `7 Page 9 Mr. Robbins: The easiest would be for the chair to ask me at anytime or any place to see plats. Mr. Cochran: I would like to see it happen automatically. Mr. Robbins: The easiest way to do that would be to direct staff to draft a policy statement for the commis- sion. Mr. Cochran: I don't have to see it attached to this ordinance, but I would like to see it in practice. Dr. Huey: Could we incorporate that as a routine part of the report given to us at each meeting? Mr. Engelbrecht: We could certainly make it part of the directors report. We could make a motion to establish that as a policy for the staff. I would rather see it as policy as opposed to the ordinance. Mr. Cochran: That satisfies me completely. f Mr. Engelbrecht: Lets ask for a brief statement drafted for the next meeting saying it be included in the direc- tors report. Mr. Robbins., This was an issue that was voted on at the last meeting. I would ask the commission to vote on directing me on the issue that you want to create a policy. Mr. Engelbrecht: If we want to address policy at the next meeting, I have no problem with that. Dr. Huey: I don't understand why we need to put it in concrete. We can request that the director include this in his regular report. I think that should suffice. Mr. Robbins: The commission as a group, a commissioner, the chairman, or anyone else in the city can ask to see anything ip our records at any time. I don't think that is the point Mr. Cochran is making. He wants to have a system, policy, and a directive to the staff. He wants it to happen automatically rather than on the basis of a request by anyone for that information. Mr. Cochran: I move that we urge staff to develop a written policy from the point of approval of subdivision f c i. Minutes P&Z Commission June 22, 1994 Page 10 regulations that notices staff approval of minor plats be included in directors report. Dr. Huey: I second the motion, all we want is two or three lines. Mr. Engelbrecht: Motion carries unanimously 6-0. Other issues relating to subdivision and land use regula- tions? Other comments, questions for staff, or a motion? Dr. Huey: Is the proper action expected from us a recommendation to council? Mr. Engelbrecht: Yes, it is requested that we review this with the idea of a recommendation of the council for approval. Mr. Cochran: Before the motion is made, I have one or two more comments to make. I don't have a specific motion to make to attach to these comments, but I want to make them any way. By approving this we are changing the way business is done. We are taking responsibility from the city council and putting it on the planning and zoning 1 commission. I have some question about taking this responsibility away from the c;ty council. The process is about citizens being involved. I Mr. Engelbrecht: I would like to add to that by saying I think there are other issues involved with the rewrite of this ordinance. There is also the issue of updating it in the sense that we better incorporate our current ordinanc- es and policies. The governments function is to look out for the health, safety, and welfare of the community. As time goes by more issues surface. The processes have become standardized and technical. If the developer meets the requirements, we have to approve the plats. The process has just been "streamlined". Secondly, we are in a period of time when the world is moving faster. This is one way we can assist that process without hurting ourselves. Will there be an error somewhere, I am sure there will be. The rest of it I think is very important that we update and bring in current state law and city policies. Dr. Huey: I would second what you said about the things that are being transferred from council to planning and zoning are principally nondiscretionary things. I would vc~ ,t, i t i 5" r D R A'17 6 agendaNo ~ "d- - 7 ngendaltarr(~.,. - /Z-y Minutes PiZ Commission Date June 22, 1994 Page 11 also point out that the proposed ordinance does convey for the planning and zoning commission a great deal of authority and responsibility that is not now provided in any ordinance. Mr. Engelbrecht: Any other comments or a motion? Dr. Huey: I move that we recommend to the city council that the proposed ordinance as amended by this group be adopted. Mr. Norton: I'll second that. Mr. Engelbrecht: It has been moved and seconded to recommend adoption as amended. Any discussion on the motion? All in favor? The motion carries unanimously (6- 0). III. Hold a public hearing and consider the rezoning of 1.908 acres to an office-conditioned (O(c)) district, from commercial (C) and single-family 7 (SF-7) zoning dis- tricts. The site is located on the southwest corner of $ Interstate 35-E and Lindsay Street. Staff report presented by Oven Yost. r 1 This is an application by RPS ventures. The applicant is actually Choice Hotels, International. It is the parent company of Clarion, Quality Inn, comfort Inn, and Sleep Inn Hotels. The application before you is to rezone a one acre tract to an office conditioned zoning district from the zone which it is presently. Currently, roughly half of it is zoned commercial and the other half is in the single family - 7 zone. The conditioned zoning requested is being recommended to you with the site plan. In section 35 of the code there is a long list of things that can be conditioned, one of which is a site plan. The applicant is wishing to take roughly half of the area from commercial to office zoning. In effect down zoning that half, and upzoning the other half from single family 7 to office. The proposal is to end up with roughly 1.9 acres of office conditioned zoning. During the platting process, the applicant would be required to upgrade the water line in front of the property along the I-35 service road from q 2 inch line to a 6 inch line. The land has been primarily undeveloped for decades. It is currently vacant except for a small ~ r3n qq ~C ITY=~=~ M ~CQUNCI. 4 p 6 a ~ •4r t+,~ p M. t -17 f Urb~~ a1 No •Odha AQ1gd~1 b_ . /10 GITYMDEMT0N TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 i MEMORANDUM j TO: Honorable Mayor and Members of City Council j FROM: Jon Fortune, Management Services Administrator DATE: July 12, 1994 SUBJECT: SCHEDULE FOR 1994-95 BUDGET HEARINGS Please find actached a proposed schedule for staff I presentations of the 1994-95 budget to Council. If you have any questions please advise. Thank you. 1 a i 1np 8 1 715 6 6-8 200 D/FW METRO 434.2529 I a I Y t 1 1 ~e~a~o ors-~a 4peadaliem ~ 2a~~ BUDGET HEARINGS _a August 9th 400 P.M. 4:00 - 4:15 Introduction 4:15 - 4:45 City Services General Government Legal Municipal Judge 4:45 - 5:15 Human Resources 5:15 - 5x45 Review of Proposed Compensation Package 5:45 - 6:15 Dinner Break 6:15 - 7:00 Finance Administration Purchasing/Warehouse Internal Audit Accounting and Budget Operations Treasury Operations Customer Service Treasury 6! Cashiering Tax Municipal Court j Information Services Administration (Info Svcs) Administrative Services 7:00 7:30 Development Services Planning Administration Inspections Main Street 7:30 - 7:45 Break 7:45 - 8:00 Drainage 8:00 - 10:30 utilities Electric Water Waste Water Community Services y' r sal ~j;'p ` , agertdaNo 9 ZZ Agendalt " 7- 1 W6 BUDGET BEARINGS, (con't) ate August 16th 6:00 P.M. 6:00 - 7:00 Municipal Services j Municipal Services/Economic Development Environmental Services Library Parks and Recreation Facilities Management I I I August 23rd 5:15 P.M. I ! s 5:15 - 6:00 Public Safety Services Fire [ Police 6:00 - 6:45 Transportation Engineering and Transportation Streets Airport 7:00 - 7? Public Hearing i p I d ITT' COUNCI r - M A~ rpm % • 9 a 0 e ~ x' act' i i E:\VTDOCS\RES\SPA I4KLE.Ct No...-, Aflen A a RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS TN SUPPORT OF THE DENTON COUNTY COURTHOUSE-ON-THE-SQUARE SPRINKLER SYSTEM GRANT APPLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has always been responsive to the needs of its citizens and the many tourists who pass through the Courthouse-on-the-Square; and WHEREAS, the Courthouse-on-the-Square is also used for many civic organizations as a place for the community to meet and hold public forums and town hall meetings; and WHEREAS, the Courthouse-on-the-Square is the cornerstone of the City of Denton Historical District and the Main Street Program, making it ad,,antageous for businesses to locat9 in the central area of the city; and WHEREAS, the installation of a sprinkler alarm system in the Courthouse-on-the-Square is the most effective tool in detecting, and controlling a fire, making it possible to protect both the citizens of the City of Denton and those tourists from virtually all parts of the world travelling our Texas Highways who visit the Courthouse-on-the-Square; and { WHEREAS, the Denton County Commissioners' Court is responsible for the maintenance and operations of the Courthouse-on-the-Square, and should be commended for their restoration and initiative in ~--J maintaining the beauty and history of the Courthouse-on-the-Square; and WHEREAS, the preservation and safety of the Courthouse-on-the- Square is of the utmost importance to the City of Denton, the Com- missioners' Court, the Denton County Historical Commission, and the Denton County Historical Museum; and WHEREAS, the devastation suffered by the loss of the Hill County Courthouse due to the ravages of fire in 1993 is a tragedy everyone would prefer to prevent; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City of Denton does hereby support, endorse and commend the efforts of the Denton County Commissioners' Court, the Denton County Judge, Members of the Historical Museum and the Denton County Historical Commission to senk beneficial methods to enhance the preservation of the Courthouse-on-the-Square and the safety of bath the citizens of the f.ity of Denton and the numerous tourists who visit the Courthouse-on-the-Square. i i A YAyendaNO• Z Ape~faft ate 7-/ -9 2 2 SECTION II. That the possibla loss of the Courthouse-on-the- Square would not only be disruptive to the daily tasks of County government, but would also be a great loss to the community. SECTION III. That the Council strongly urges and endorses the { installation of an automatic sprinkler system in the Courthouse-on- the-Square to enhance the County's ability to detect and control a possible disaster by fire. SECTION IV. That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 1994. BOB CASTLEBERRY, MAYOR { ATTEST: JENNIFER WALTERS, CITY SECRETARY i i BY: f c i APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY:~'"" V 62~ f i i i PAGE 2 { j.. Ik 1 * ~ END ' OF FILE