HomeMy WebLinkAbout02-17-1998
t
e
a-. L, n. .....gc1.y.SY r...i tYj~.Tr
r
4
t
i
City Council Agenda Packet
February 17,1998
32X IL
` gJb[Mp
Agenda Nci -
AGENDA Agerda ite!~, -
CITY OF DENTON CITY COUNCIL Date___ .L L~Zd_
February 17,1998
After determining that a quorum is present P6 convening in an open meeting, the City Council
will convene in a Closed Meeting of the C°ry of Denton City Council on Tuesday, February 17,
1998 at SA5 p.m. in the City Council Work Session Room at City Nall, 215 E. McKinney, "
Denton, Texas, at which the following item; will be considered:
1. Closed Meeting:
A. Consultation with Attomey-Under TEX. GOVT. CODE See. SS 1.071
L Consider and discuss settlement o! claim brought by Allison Carreiro
against the City of Denton, Texas, for personal Injuries allegedly suffered
on March 24,1996.
2. Consider and discuss stales of case with City Attorney In litigation styled
Hansen Information Technologies, Inc. v, Attera Systems, Inc. and City of
1
Denton, Cause No. 4:97cv308 filed In the U.S. District Court, Eastern
District, Sherman Division,
B. Conference with Employees-Under TEX. GOV'T. CODE Sec. $1'1.073. The
Council may receive information from esiployces or question employees during a
staff conference or briefing, but may in it deliberate during the conference.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH
EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT 1S HELD IN
COMPLIANCE WITH TEX. GOV'T, CODE CH. W, THE CITY COUNCIL RESERVES
THE RIGHT TO ADIOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX, GOV'T. CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS
ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A
CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS
NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT,
INCLUDING, WITHOUT LIMITATION, SECTIONS 531,071-531.085 OF THE OPEN
MEETINGS ACT.
Jr y
S Regular Meeting of the City of Denton City Council on Tuesday, February 170 1998 at 7:00 p m.
in the Council Chambers of City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. Pledge of Allegiance
A. U.S. Flag
B, Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and Indivisible."
r
2. Consider approval of the minutes of January 6, January 13, January 20, January 21, and
January 27, 1998,
- ?.5 1 32XI❑
e
0
M
• i
City of Denton City Council Agenda
February 17, 1998
Page 2
AWARDSIP RES ENTATIONS
' r
3. Proclamations
4. Resolutions
A. Consider approval of a resolution of appreciation for Mark Boyd.
B. Consider approval of s resolution of appreciation for Jimmie Brown.
CITIZEN REPORTS
3. Receive a report from Dessie Goodson regarding the City of Denton,
6. Receive a report from Pyarali Hooda regarding discrimination on a variance at 1025
Dallas Drive
7. Receive a report from Ali Al-Khafa}i regarding discrimination on a variance at 1025
Dallas Drive.
8. Receive a report from Ross N'elton regarding stonewalling; targeting elderly widows.
CONSENT AGENDA
Each orthese items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations,
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids and purchase orders to be approved for payment under the
Ordinance section of the agenda, Detailed back-up information is attached to the ordinances
(Agenda Items 9.211. This listing is provided on the Consent Agenda to allow Council Members
to discuss or withdraw an item prior to approval of the Consent Agenda, If no items are pulled, -
Consent Agenda Items 9.21 below will be approved with one motion. If items are pulled for
separate discussion, they will be considered as the first items under "Items for Individual
r Considcratin:t." A citizen may not speak or fill out a "request to speak" form on an item on the
• Consent Agenda unless the item is removed from the Consent Agenda. The speaker shall be
allowed to speak and the item shall then be considered before approval of the Consent Agenda.
9. Consider adoption of an ordinance accepting competitive bids and awarding a contract for
the purchase of a 90 Horsepower Loader/Backhoe Tractor; providing for the expenditure
of funds therefor; and providing for an effective date. (Bid #2121 Loader/Backhoe
Tractor to Dallas Ford New Holland for $56,149.00)
• • •
10. Consider adoption of an ordinance accepting competitive bids and awarding a contract for
the purchase of Concrete Streetlight Pales; providing for the expenditure of funds; and
providing for an effective date. (Bid OWS -Concrete Streetlight Poles for $36,680,00)
75 K is 32x10
0
WOMW
City of Denton City Council Agenda
February 17, 1998
Page 3
11. Consider adoption of an ordinance accepting competitive bids and providing for the
award of a contract for the purchase of Leather Uniform Jackets; providing for the
expenditure of funds therefor; and providing for an effective date. (Bid #2156 - Leather
Uniform Jackets for $30,419.40)
12. Consider adoption of an ordinance accepting competitive bids and awarding a contract for
the purchase of Two 69 kV Outdoor Circuit Breakers; providing for the expenditure of
funds; and providing for an effective date. (Bid #2159 - 69 kV Circuit Breakers for
$63,600.00)
13. Consider adoption of an ordinance accepting competitive bids and awarding a contract for
the purchase of a Vibrating Trench Roller; providing for the expenditure of funds
therefor; and providing for an effective date. (Bid #2162 - Vibrating Trench Roller for
$28,734.00)
14. Consider adoption of an ordinance approving a contract and providing for the expenditure
of funds for the Annual supply of Tires and Tubes bid by the Stale Purchasing General
Services Commission and providing for an effective date. (PO 483108 - TAS of Denton
for $70,000.00) j
I
15. Consider adoption of an ordinance accepting competitive bids and providing for the
award of a contract for public works or improvements for construction of the Civic
Center Pedestrian Bridge Project in the amount of $103,472,00; providing for expenditure
of funds therefor; and providing for an effective date. (Bid #2161 - Civic Center
Pedestrian Bridge Project for S103,472.00)
16. Consider adoption of an ordinance accepting competitive bids and providing for the
award of contracts for public works or improvements for construction of Evers Park T.
Bali Field Lighting to Trico Electric, Inc, in the amount of $69,000.00; providing for the
expenditure of funds therefor; and providing for an effective date. (Bid 02168 - Evers
Park T-Ball Field Lighting Project for $69,000.00)
17. Consider approval of a resolution of the City of Denton, Texas, authorizing the
submission of an application to the Criminal Justice Division of the Office of the
• Govcmor, State of Texas, requesting continued funding for one (1) Juvenile/Domestic
Violence Investigator and associated training and supplies for a Family Services Unit;
and providing an effective date.
18. Consider adoption of an ordinance of the City Council of the City of Denton, Texas
approving the first amendment to that agreement between the City of Denton and the
Denton Affordable Housing Corporation; authorizing the City Manager to execute the
• first amendment and to expend funds with respect to the first amendment; and providing
j for an effective date.
19. Consider adoption of an ordinance authorizing the City Manager to utilize properties /
located at 701 and 705 Robertson in the City's Affordable Housing Program; authorizing
City Manager to facilitate the sale of these properties under the City's Affordable
Ho}uing Program; and providing on effective date.
: 5x10 32XIO
•
O
City of Denton City Council Agenda
February 17, 1998
Page 4
20. Consider adoption of an ordinance ordering an election to be held in the City of Denton,
Texas, on May 2, 1998, and, if a runoff election is required, on May 30, 1998, for the
purpose of electing councilmembers to places 5 and 6 and electing a Mayor to Place 7 of
the City Council of the City of Denton, Teas; designating voting places; appointing
election officials; providing for early voting; providing for bilingual notice of the
election; ordering that an electric voting system be used; and providing for an effective
date.
21. Consider adoption of an ordinance approving Amendment Number Three to in
agreement between the City of Denton and the Denton Independent School District
relating to holding their elections jointly in election districts that can be served by
common polling places; and providing an effective date.
PUBLIC HEARING
22. Hold a public hearing and consider adoption of an ordinance to rezone a 0.425 acre tract
from the Commercial conditioned (C(cj) zoning district to the Planned Development
zoning district and approval of a detailed plan, The subject property is located on the
southeast side of Loop 288, south of Spencer Road. (Z-97.026, Gary Williams Retail
Company)
23. Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, amending Chapter 22 "Parks and Recreation" of the Code of Ordinances of the
City of Denton by adding an Article III providing for park land dedication or payment of
cash in lieu thereof as a condition to subdivision plat approval and payment of park
development fees as a condition to building permit issuance in order to provide for
necessary park development; establishing a special fund for money paid for park
development; providing a penalty in the amount of $2,000 for violations thereof;
providing a severability clause; providing for a savings clause and providing for an
effective date,
24. Bold a public hearing and consider adoption of an ordinance of the City of Denton,
r~ Texas, amending Chapter 31 "Landscaping, Screening and Tree Preservation" of the
+ Code of Ordinances of the City of Denton by repealing Chapter 31 and adopting a new
Chapter 31 "Landscape" of the Code of Ordinances of the City of Denton providing for
mandatory tree requirement per acre of development; providing a mandatory minimum
planting area for all development; providing for limits of clearing and grading for
developments; establishing tree credits for the preservation of trees; establishing
requirements for screening and landscaping regarding parking lots, outdoor storage areas
and buffcryards; providing for the administration of tree Inventory plans, landscape plans
• and plot plans and for enforcement of the ordinance; providing for the adoption of fees to 1D f
administer and enforce ordinance; providing a civil penalty in the maximum amount of
51,000.00 for violations thereof; establishing a selected species list, providing a penalty
in the maximum amount of $500.00 for violations thereof; providing a severability
clause; and providing for an effective date.
- - 25-( 32x~rj
o
City of Denton City Council Agenda
February 17, 1998
Page 3
VARIANCES
25. Consider approval or an exaction variance to Section 34.116(e), water line capacity, of
the Subdivision and Land Development Regulations for a 10.003 acre tract located in
Division One of the City of Denton's extraterritorial Jurisdiction. The property is located
on the west side of HilIview Road, approximately 762 feet north of Jackson Road and
will consist of three single family lots. (The Planning and Zoning Commission
recommends approval.)
26. Consider approval of an exaction variance to Section 34.116(c), fire hydrants, of the
Subdivision and Lr:nd Development Regulations for a 10.003 acre tract located in
Division One of the City of Denton's extraterritorial jurisdiction, The property Is located
on the west side of HilIview Road, approximately 762 feet north of Jackson Road and
will consist of three single family lots. (The Planning and Zoning Commission
recommends approval,)
ITEMS FOR INDIVIDUAL CONSIDERATION
27. Consider approval of a resolution to declare the intent to reimburse expenditures from
unreserved retained earnings of the water and wastewater funds with Certificates of
Obligation; and providing an effective date.
28. Consider adoption of an ordinance approving professional services contracts with:
A. Applied Geographic Technologies, Inc, for wastewater collection system, master
planning and engineering services related to the Comprehensive Plan Development and
Impact Fee Implementation. (RF'SP #2140A)
B. RUST Environment and Infrastructure, Inc. for comprehensive land use planning.
(RFSP #21408)
29. Consider approval of recommendations from the 1996 Overs!ght Committee for
ja miscellaneous street, drainage, traffic signals, sidewalks, and recreation fields. {
30. Consider approval of a resolution of the City of Denton, Texas approving the application
of International Isotopes, Inc. for plan line funds for construction of water lines for a
facility near Woodrow Lane; and declaring an effective data
31. Consider adoption of an ordinance partially vacating a certain drainage easement 1
recorded in the Real Property Records of Denton County, Texas at Volume 1979, Page
• 210; and providing for an effective date. (Southwest comet or Audra Lane and Loop O
288) ~
32. Consider adoption of an ordinance partially vacating a certain sewer and drainage
easement from H. D. Roberts and wife, Stella Roberts, to the City of Denton by easement
deed on March 3rd, 1960 and recorded with Clerk's File Number 3881; and providing for
an effective data (Northwest comer of Stuart and Windsor Drive)
I
25 X 10 32X 0
:,ararwN ,
0
I
' I
City of Denton City Council Agenda
February 17, 1998
Page 6
I
33. Consider adoption of an ordinance partially vacating a certain utility casement recorded
in the Plat Records of Denton County, Texas at Cabinet 1, Page 118, as it pertains to Lot {
2R, Block A, of the Bell Place Addition; and providing for an effective date. (816 N.
Bell Avenue)
34. Consider adoption of an ordinance of the City of Denton, Texas abandoning and vacating
prescriptive street right-of-way easements to the portion t,f Blagg and Trinity Roads
located In the Lakeview Ranch Addition, Phase 1; providing for the reversion of the fee
in said land; and declaring an effective date.
35. Consider adoption of an ordinance amending the Schedule of Electric Rates contained In
Ordinance No. 97436 which adds an EnergySave Program Schedule (EP) and repeals
and replaces the Appliance Rebate Schedule (APR); providing for a repealer; providing
for it severability clause; and providing for an effective date.
36. Consider nominationeappointments to the City's Boards and Commissions.
37. Miscellaneous matters from the City Manager.
38. New Business
This item provides a section for Council Members to suggest items for future agendas,
39. Possible continuation of Closed Meeting under Sections $51-011-551.085 of the Texas
Open Meetings Act.
40. Official Action on Closed Meeting items held under Section 551.071-551.085 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice ormeeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of , 1998 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE; THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
• ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE • •
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE
>jllR OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S
OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR
THE DEAF (TDD) BY CALLING I-800-RELAY-TX SO THAT A SIGN
LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY
SECRETARY'S OFFICE.
75 K 1Q 3200
e
0
aw4lil1
. I
Agenda
CITY OF DENTON CITY COUNCIL MINUTES ADanda Item _ -
January 6, 1998 0216-114414-
After determining that a quorum was present and convening in an open meeting, the City Council i
convened in a Closed Meeting on Tuesday, January 6,1998 at 5:45 p.m. in the City Council Work
Session Room at City Hall.
PRESENT; Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT; None
1. The Council considered the following in Closed Meeting:
A. Deliberations concerning Real Property - Under TEX. GOV'T, CODE Sec.
551.072
1 . Discussed the value and acquisition of various parcels of right-of-way
located on Tributary 4 of Pecan Creek from Robertson to RuddeII Street.
B. Confeietwe with Employees--Under TEX, GOVT. CODE Sec, 551.075. The
Council received information from employees or questioned employees during a
staff conference or briefing, but did not deliberate during the conference.
The Council convened into a Regular Meeting on Tuesday, January 6, 1998 at 7:00 p.m. in the
Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: None
I. Pledge ofAllegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
2. The Council considered approval of the minutes of November 4, November 11, November
• 18, December 2, and December 16, 1997.
Council Member Cochran asked that the work "dictated" be uses' Instead oi"deemed" in a
statement he made during the November 11, 1997 minutes on page om
Beas,.y motioned, Durrance seconded to approve the minutes as corrected. On roll vole, Beasley
"aye", Kristofcrson "aye", Cochran "aye', Dumince "aye, Young "aye", Brock "aye". and Mayor
Miller "aye". Motion carried unanimously.
x ❑ 32x10
I
City of Denton City Council Minutes
January 6, 1998
Page 2
CITIZEN REPORTS
3. The Council received a report from Ali AI•Khafaji regarding discrimination against
Arabian-Americans in the City of Denton,
Mr. A!•Khafajt was not present at the meeting.
4. The Council received a report from Dessle Goodson regarding the meaning of contracts.
Ms. Goodson was not present at the meeting.
S. The Council received a report from Joe Dodd regarding censorship.
Mr. Dodd stated that there were different definitions of terms regarding pornography.
Pornography meant erotic depiction. It did not mean illegal or dirty. Obscenity meant illegal
and child pornography automatically meant illegal. Indecency was a new term which had no
meaning per the courts. Censorship could only be effected by government. The cable company
acted as the City's agent in this matter of censoring him. The wording of a letter from the cable
company was not correct. The City's failure to provide clear guidelines had brought about a let
of this problem. He felt there were several areas where his Constitutional tights had been
violated. He had been denied use of the channel under eq,,a! protection because he had
electronically obscured Images of children. He had been denied due process as there was no
appeal process. He felt that battles would always be fought about pomography and hate speeches.
PRESENTATIONS/AWARDS
6. Yard of the Month Awards
Mayor Miller presented the following yard of the Month awards;
Mary L. Downing
. Luanne Hicks
Londonderry Oaks Apartments
James R. Kirkpatrick • Downtown Business Award
1
7, Texas Recycles Presentations
Mayor Miller presented Texas Recycles awards to several schools in the City of Denton.
r r
CONSENT AGENDA
Council Members Young and Cochran asked that Item #13 be pulled for separate cotniderstiott
~ I
75 x 32X
i
a
0
City of Denton City Council Minutes
January 6, 1998
Page 3
Brock motioned, Durrance seconded to approve the Consent Agenda and accompanying ordinances r
with the exception of I tern N13. On roll vole, Beasley "aye", Kristoferson "aye", Cochran "aye",
Durrance "aye', Young "aye', Brock "aye', and Mayor Miller "aye", Motion carried unanimously.
8. NO. 99-001
f AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR
CONSTRUCTION OF BANNER, ULAND PAVING IMPROVEMENTS AND
STROUD-PIERCE PAVING TO DBR CONSTRUCTION IN THE AMOUNT OF
S103,748.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid 42133 - Banner, Uland, Stroud &
Pierce Street Paving)
9, NO. 98-002
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDINO FOR THE
AWARD OF CON'T'RACTS FOR FEED WATER HEATER TUBE REPLACEMENT TO ~
YU13A HEAT TRANSFER DIVISION IN THE AMOUNT OF S58,945.00; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (Bid 42139- Feed Water Heater Tube Replacement)
10. NO. 98.003
AN ORDINANCE PROVIDINO FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF DIOXIDE, A CHEMICAL FOR ODOR PROBLEMS, WHICH IS A
SOLE SOURCE ITEM IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE. (PO #82109 - U.S, Filter - Davis
Process)
11. N0.98-004
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A TRIPLE GANG FLAIL MOWER AND 102
HORSEPOWER TRACTOR COMBINATION FROM BANE MACHINERY IN THE
AMOUNT OF $60,982; PROVIDING FOR THE EXPENDITURE OF FUNDS
i THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid 02141 -
Tractorldple Gang FIA Mower) ~ • •
25)(10 32 xIa
i
I
0
'I
1
City of Denton City Council Minutes i,
January 6, 1998
Page 4 t
"
12. NO. 98-005
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF AN AGRICULTURE TRACTOR AND
FLEXWING MOWER FROM G & 0 TRACTOR IN THE AMOUNT OF 540,108;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
FOR AN EFFECTIVE DATE, (Bid 02143 - Agricultural Tractor and Flexwing Slower)
14. NO. R98-001
{
A RESOLUTION ADOPTING RECOSIMENDATIONS OF THP DALLAS REGIONAL
MOBILITY COALITION EXECUTIVE COMMITTEE (ORMC) FREEWAY
MANAGEMENT WORKGROUP; REQUESTING DRMC MEMBER AGENCIES TO {
ESTABLISH FREEWAY MANAGEMENT AND INCIDENT 15MOVAL FROM
MAJOR ROADWAYS AS A PRIORITY; ENCOURAGINO AUA/REGIONAL !I
ALLIANCES TO AFFECT EFFECTIVE FREEWAY MANAGEMENT PRACTICES;
EXPRESSING APPRECIATION TO MEMBERS OF THE 1YORKGROUP FOR
CONTINUED EFFORTS TO IMPROVE MOBILITY; AND PROVIDING AN
EFFECTIVE DATE.
i
PUBLIC HEARING
15. The Council held a public hearing and considered an ordinance to rezone approximately
0.80 acres from the Two Family (2F) zoning district to the Commercial (C) zoning district. The
site was located on the north side of Parkway between Carroll Boulevard and Bolivar Street. (Z•
91.030) (The Planning and Zoning Commission recommended approval, 54)
Dave Hill, Director for Planning and Development, stated that this was a rezoning request for a
zoning change on a 0.8 acre parcel from 2. Family to Commercial district. The property was on
the north side of Parkway. The Planning and Zoning Commission recommended approval, 5.0.
" There were fourteen notices mailed within 200 feet of the proposal with three returned, all in
r favor. At the Planning and Zoning Commission meeting, one Individual, who owned property
on Bolivar, was concerned about the screening of her property and the day care center. During
the response by the applicant, her concerns were addressed and following that meeting, she
elected not to file written opposition. Area zoning contained 2-Family, office, small business
and some residential properties on the block. Floodplain and floodway Issues were involved. '
The channel behind the Chamber of Commerce office was in front of this site. Access to the site
was possible on the southeast comer of the property. Development in the floodway was not
permitted. The entire site was in a floodplain and would have to have structures built one foot ® •
above flood elevation which was approximately 43 feet. The proposal was for commercial
zoning with the petitioner using the property for motor cycle fabrication with no traffic / i
associated with the proposal except for employees working in the facility. The Denton
Development Plan Indicated that as a parcel within an urban center, intensity was unlimited and
b # 25.10 32 x ❑ WIN
o .
+ WAM
I
City of Denton City Council Minutes
January 6, 1998
Page S
land use diversity should be encouraged, There would be a requirement of a 16 foot setback and
a six foot screening fence along that setback.
Council Member Cochran asked about the availability of land for a driveway.
Hill stated that there was not snore than 50 feet which would be enough for curb cut, There was
also an existing concrete pad curb cut on site.
Council Member Cochran asked about possible uses from the same toning In the future.
Hill stated that the permitted uses in a commercial district were extensive.
Council Member Cochran asked how far the existing metal structure was from the property line.
Hill stated that the petitioner indicated that it was within the required 10 foot setback but the
building would be grandfathered, It could be Improved only as far as code would allow until
there was an expm,sion of use. The proposal was to also build a 2,000 square foot building.
Mayor Pro Tern Brock stated that commercial zoning would allow for a wide variety of uses.
Hill stated that commercial zoning allowed for a wide variety of uses but there would not be a
large amount of zoning types IeR to build o•r after taking away the floodway.
Council Member "stoferson asked if the type of building material was discussed for the new
building.
Hill replied no.
Council Member Beasley asked about the existing structure on the property.
r
Hill stated that the Plaruting and Zoning Commission declined to do anything to negate any use
of that structure, That building would be a nonconforming use. There would have to be
screening of the proposal but the existing structure was within 10 foot setback area.
Council Member Kristoferson asked that with straight commercial zoning could a condition be
included that the exterior of the building would not be metal
Hill replied yes. r.
The Mayor opened the public hearing,
j J
No one spoke in favor
i
N 2.5 32 X
Ito
0
City of Denton City Council Minutes
January 6, 1 98
Page 6
No one spoke in opposition. ,
The Mayor closed the public hearing,
The following ordinance was considered,
NO. 98-007
AN ORDINANCE OF THE CITY OF DEMON, TEXAS PROVIDING FOR A
CHANGE FROM TWO FAMILY (2F) ZONING DISTRICT CLASSIFICATION TO
COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION; AND IMPOSING CONDITION FOR 0.80 ACRES OF LAND
LOCATED ON THE NORTH SIDE OF PARKWAY STREET, BETWEEN CARROLL
BOULEVARD AND BOLIVAR STREET; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE
Kristoferson motioned, Brock seconded to adopt the ordinance with the condition that the
exterior could not metal.
Council Member Cochran stated that there were worse materials than metal ml that Council
Member Kristoferson might want to mention those which she would not want. He asked how
close the existing building was to the property line and if there were any limitations for the usage
for the building. He was concerned that that building might be used for an assembly facility with
noise and no restrictions on time of usage.
Hill stated that the applicants indicated that they would not be putting cycles together on this site.
The Gnal assembly would be at a different site and that only the rebuilding of engine parts would
take place on this site. There would be no oil or gas leakage on this site. There would be storage
of small parts and final small engine work on site. He did not think the outbuilding was
protected through the rezoning process.
1
City Altomey Prouty stated that when a nonconforming use was changed, the nonconforming
use was lost and could not be expanded.
Council Member Young stated that he had a problem with the motion, The Council should not
be able to tell an bidividual what type of material to use when building a structure. He was not in
favor of the extra expense of not being able to use a metal building. 0
Council Member Kristoferson stated that Parkway was an entrance into the downtown area of the
City. That should be considered when building new structures In the area. She restated that her j
motion dealt with the restriction of a metal exterior.
i
tt + / 10 32XIO.
J
i
•
yyi
- t G
wws
City of Denton City Council Minutes
January 6, 1999
Page 7
Council Member Young stated that he was still against the motion. These types of restrictions
were what made businesses not want to come to Denton.
Council Member Heasley slated that she was concerned that the metal building was against
residential property with no setback requirements. She questioned if an amendment could be
made to only grandfather the building in as a storage facility as suggested by Council Member
Cochran. She was In favor of the motion as this was a highly visible area.
Beasley motioned, Cochran seconded an amendment to the motion to allow the current metal
building to be used only for storage.
Council Member Cochran stated that this was still a residential area and that should be taken into
consideration when considering the zoning,
Council Member Young stated that it was un-American to not allow a metal building on the site,
This would make it hard for this new business. There were nice metal buildings depending on the
style of design.
Mayor Miller felt it was too restrictive to not allow a metal building and to only allow storage for
the existing building.
On rolivote on the amendment to not allow any use of the existing building other than a storage
shed, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay", Brock
"aye", and Mayor Millet "nay" . Motion carried with a $4 vote.
On rollvote of the main motion as amended, Beasley "aye", Kristoferson "aye", Cochran "aye",
Durrance "aye", Young "nay", Brock "aye", and Mayor Miller "nay". Motion carried with a 34
vote,
ITEMS FOR INDIVIDUAL CONSIDERATION
.~t
Item 013 from the Consent Agenda was considered.
13. The Council considered adoption of an ordinance of the City of Denton, Texas prohibiting
parking on the south side of East Sycamore Street between Exposition Street and Bradshaw Street;
providing a savings clause; prodding a severability clause; providing a penalty not to exceed two
hundred dollars; and declaring an effective date.
Council Member Young felt that the restriction of parking in the area was not necessary as there • M
" were no problems In the area. There were problems in other pare of the City. Ne asked where
else in Denton was there a fine as high as $200 rot no parking. Citizens in the area had not asked
for this restriction and were not In favor of it,
SKr", ~ x 10 32 X
~Wlll
i
L
~ scra>mw
O
City of Denton City Council Minutes
January 6, 1998
Page 8
i
'F r
The following ordinance was considered:
NO. 99-006
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING
ON THE SOUTH SIDE OF EAST SYCAMORE STREET BETWEEN EXPOSITION
STREET AND BRADSHAW STREET; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE,
Young motioned, Cochran seconded to deny the ordinance.
I
City Attorney Prouty stated that $200 was the maximum allowed on parking fines. That did not
mean that amount had to be imposed. Traditionally the maximum amount of the fine was listed
in the ordinance
Mayer Pro Tern Brock indicated that the back-up materials stated the people who operated a club
in the area had some difficulties and had asked for this restriction,
Mike Jet, Assistant City Manager for Operations, stated that the area commander had been
approached by residents in the area. There was a policing problem in the area as well as a liner
problem. This would help the police department control the illegal activities in the area and
would help the Parks Department control the litter in area,
Council Member Beasley stated that the time restriction was not listed In the ordinance but was
indicated in the back-up materials,
Mayor Miller stated that the time would be 10;00 p.m. • 7:00 a.m.
Council Member Young asked if a thirty day waiting period could be issued before beginning to
issue any tickets.
City Attorney Prouty stated that typically this type of ordinance was effective fourteen days from
date of passage and that it could be changed to 30 days from date of passage.
Council Member Young withdrew his motion,
Young motioned. Beasley seconded to adopt the ordinance with the hours of restriction being
10.00 p.m. • 7:00 a.m, and effective 30 days from date of passage. On roll vote, Beasley "aye", •
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "Aye", Brock "aye", and Mayor Miller
"aye". Motion carried unanimously,
w
32 X
City of Denton City Council Minutes
January 6, 1998
Page 9
16. The. Council considered approval of a resolution authorizing a Small Area Planning
Program; authorizing a Small Area Planning Program for Fry Street and downtown areas; and
providing for an effective date.
Dave Hill, Director of Planning and Development, stated that this resolution would approve the
Small Area Planning Program for the Fry Street and the downtown area.
I
Mayor Miller asked if this ordinance defined an area or would it be done in principle
Hill stated that it would define boundaries.
I
The following ordinance was considered:
'f 1
NO. R98.002
A RESOLUTION AUTHORIZING A SMALL AREA PLANNING PROGRAM;
AUTHORIZING A SMALL AREA PLANNING PROGRAM FOR FRY STREET AND
DOWNTOWN AREAS; AND PROVIDINO FOR AN EFFECTIVE DATE.
Beasley motioned, Durrance seconded to approve the resolution.
Council Member Durrance stated that this was o part of the Denton Development Plan that the
Council was working on and that it would eventually Include other areas of the City, He invited
citizen input regarding this process.
Council Member Young stated that he was against this proposal as people in the area had not
participated enough in the process, Much of the work was done by staff with little public input.
Mayor Pro Tern Brock stated that this resolution would allow the residents In an area to begin
indicating what they wanted for that area. Citizens in this area could Initiate the planning in this
` area. This would not be imposed on an area without resident participation and input. This would
• help to reinforce the strength of the city and strong neighborhoods.
Council Member Cochran stated that it was often a problem trying to fit a "one size" plan
throughout the community, This resolution allowed for variances within the City to make it good
community. It would empower the people who lived in these smaller area to participate in the
project and to know that their opinions mattered.
Council Member Beasley stated that this was only the beginning of the process. It was not • •
approving any plans for Fry street or the downtown area. This only began the process and was to
receive input from the residents in the area.
r
Council Member Young stated that this was anti-business legislation which he was against,
3 10
,.caaas,
o
City of Denton City Council Minutes
January 6, 1998
Page 10
Y
On roll vote, Beasley "aye", Kristoferson "aye', Cochran "aye", Dutrance "aye", Young "hay",
Brock "aye", and Mayor Miller "aye". Motion carried with a 6.1 vote,
17, The Council received a report, held a discussion, and gave staff direction regarding
reinstating the Tax Abatement Policy.
Linda Ratliff, Director of Economic Development, stated that the next three items were related.
Staff wanted Council direction on this item before considering the next two. The City's tax
abatement policy expired In 1996. At that time the Joint Tax Abatement Policy Committee was
considering amending the policy to include special provisions for business which met FANTI.IS
targeted industries or businesses which met the VISION Initiative. The process of looking at the
tax abatement policy was put on hold until after the legislative session closed. There were four
applications to consider. The staff was asking and what the committee had recommended was
that the Council reinstate the policy as it stood and consider the four tax abatement applications.
Then look at amending the policy and future applications would be considered under the new
amended policy.
Council Member Cochran stated that under the section dealing with consideration of application,
it was indicated that the Council" may" consider a resolution calling a public hearing. The next
section stated that the Council "may" consider a public hearing to determine whether a project
was feasible, tie suggested changing those "mays" to "shalls" as he felt this was an important
enough Issue that a public hearing was a basic procedure to ensure that citizens would be
informed about what was going on.
Mayor Pro Tem Brock stated that the earlier joint tax abatement committee had proposed some
housekeeping amendments to the policy but they were put on hold due to the last legislative
session, The joint tax abatement committee had a meeting scheduled in the future to consider the
three existing businesses in Denton with applications. The plan was to go ahead with future
meetings to work on proposals for changing the policy. The committee would like to have
Council suggestions at this stage for consideration by the committee.
Brock motioned, Durrance seconded to reinstate the policy with the suggested changes as
suggested by Council Member Cochran,
i
City Attorney Prouty stated that a motion should give staff direction to bring a policy to Council
with recommended changes. t
Brock motioned, Durrance seconded to direct staff to move ahead with the process.
Council Member Durrance stated that the policy was passed over ten years ago with few
40 applications In that time period. Policies were somewhat loose and there was a greater need for t
review and rework of the policy, Reinstatement at this time was right as the applications were
made with this policy in mind and the City needed to be fair to reinstate policy
- - - 7y Y 32XIO
e ,
City of Denton City Council Minutes
January b, 1998 {
Page 11 j
On roll vole, Beasley "aye„, iCristoferson "aye', Cochran "aye, Durance "eye', Young "aye„, ~
Brock "aye", and Mayor Miller "aye Motion carded unanimously. E
18. The Council received a report, held a discussion, and gave staff direction regarding
establishing a reinvestment zone for tax abatement purposes.
Linda Ratliff, Director of Economic Development, stated that in order to grant a tax abatement
agreement, the property for the agreement must be located in a reinvestment zone. The City had
designated two reinvestment zones along with enterprise zones in 1990 and the enterprise zones
expired in 1997. Some cities looked at large industrial tracts and established zones In those
areas. Staff recommended looking at each request to establish a zone.
Mayor Pro Tem Brock recommended to take this targeted approach and go ahead to direct staff
to schedule a public hearing regarding this issue as soon as possible, The public hearing would
be for these targeted areas.
Brock motioned, Durance seconded to direct staff to proceed with a targeted approach and to `
schedule a public hearing regarding this Issue as soon as possible,
Council Member Cochran stated that the motion was contingent on the City reaching an
agreement with the property. If no abatement was granted for that parcel, no zone would be
necessary.
City Attorney Prouty staled that this would be contingent on reaching on agreement with the firm
end contingent on Council approval of Item 019.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye
Brock "aye", and Mayor Miller "aye", Motion carried unanimously.
19, The Council received a report, held a discussion, and gave staff direction regarding a tax
abatement agreement between the City of Denton and United Copper IndustrieV17rammell Crow
Company.
Mayor Miller Indicated that the D1SD had met this evening regarding this item and had voted 6•1
to grant a S year I S% abatement or its equivalent,
` Linda Ratliff, Director of Economic Development, stated that United Copper Industries was
interested in locating a 420,000 square foot manufacturing distribution and headquutem facility •
74t► on Highway 380 east of Loop 288. United Cooper was a Mexican owned company which
produced copper wiring, fittings and pipes. This project would mean an additional $37 million in
property tax valuation for building and equipment if the abatement were granted. There were
some problems with the topography of the site, The company was considering other
32XIb
.e.onr •
•
Kf~
City of Denton City Council Minutes
January 6, 1998
Page 12
R
communities but it was hoped that they would come to Denton. Even though the figures showed
a ten year impact, the company planned to build a twenty-thirty year facility. Reasons that staff
and the abatement committee was recommending approval included: (1) it fit several Fantus and
Vision initiatives; (2) provided 260 high paying high skill jobs the first year; (3) the company fell
within one of the targeted companies identified by Fantus. Many times Denton was overlooked
as it did not have developed industrial parks. Fantus indicated that Denton should capitalize on
its proximity to Mexico. She reviewed the community economic impact figures for the City,
County and DISD and the 10 year cost/benefit analysis of the proposal. The City of Denton
economic impact would be S21,367,447.
Council Member Cochran stated that he had seen the abatement compared to the new taxes
which would be generated. The only problem was that the abatement for S years or six years and
the new tax generated was for ten years. He asked for a better comparison in order to have e
better idea of the proportions involved.
Ratliff stated that annually the City's abatement would be $37,117 and annually the City's gross
taxes would be $190,389. Manufacturing jobs had an additional impact on a community with
new jobs, retail sales and additional personal income. The value of this industry would be equal
to 371 new 5100,000 homes but the project would not place a demand on schools and city
services which those new homes might create, The proposed provisions for the abatement
included: the company would be required to use the City's electric service; it must create 260
jobs with an annual payroll of SIB million;, it must build a 420,000 square foot facility; it must
create a total of $37 million in building and equipment ad valorem property value; the building
could not be of metal construction; the building would resemble the drawing submitted; if the
company did not meet the valuation or the jobs in payroll criteria, the abatement would be
reduced by the percentage 6 criteria was not met. The Joint Tax Abatement Committee
unanimously recommended the agreement.
Council Member Cochran stated that he had noted some discrepancies between previous
information on this issue and Information presented in the agenda back-up materials. One such
/K t discrepancy was on utilities, The previous document projected that the utilities benefit to the
+ City would be $7,936,000 over a t0 year period but the back-up materials indicated that that j
figure was now $19 million,
Ratliff stated that in working with the company and getting closer figures on their actual usage
and demand, the back-up materials had the latest figures. I
Council Member Cochran asked for the actual benefit figure rather than the gross benefit r ,
jt 1 Ratliff indicated that she did not have that figure.
r
Council Member Cochran asked about the low end of the salary range or the entry level salary.
- 2s'(10 32 X I O
,
0
City of Denton City Council Minutes
January 6, 1995
Page 13
Ratliff stated that the company would provide a list of the number of executives and managers ,
with the salary ranges of each position, The company would insure that that number was not
skewed by the executive staff.
Brock motioned, Durrance seconded to approve the abatement. She stated that when abatements
were used cautiously, they were a good way for a community to reach its goals. Such
abatements added to quality of life and Indirectly to economic growth. This application tit the
purposes of the original policy. She and Council Member Durrance were the City's
representatives on the Joint Committee and were recommending the proposal because it met the
chart of the policy to grant a 23% abatement for 6 years or a 306/6 for S years which was really
the same amount. The County procedure mandated 306/6 for S years. There were a number of
reasons for granting this abatement. The project would expand the tax base and would create the
least drain on City and DISD services, There would be a NON net gain for the City and was a
way to keep the City's tax base low. The project would bring high-skill, high-paying jobs to the
City and would employ people already in the surrounding area. Many people came to Denton to
work as Denton was a regional employment center, a medical care center and a shopping center,
It helped to spread the fixed cost to have larger users for the utilities. This would be the national
headquarters for this company and would benefit Denton. There were safeguards built in
agreement would be reviewed annually and if the provisions of the agreement were not kept, the
company would not receive the abatement.
Council Member Durrance stated that 11 was proper to consider these proposals on a case by case
basis. This location had both problems and benefits and the proposal would follow the
suggestions of fantus and the Vision process. Employee skills for these jobs would be drawn
from this area. This was a reverse benefit of NAFTA and would be beneficial to Denton. This
type of business would greatly benefit Denton.
Council Member Cochran asked if the motion made by Mayor Pro Tem Brock precluded hearing
from citizens on the subject.
J4,Mayor Miller indicated that he would still acknowledge the citizen in the audience wanting to
speak on the Issue
Hill Giese stated that the City was trying to attract good businesses to Denton and In order to do
so, negotiations had to take place. The bottom line was if this would benefit the community and
he felt it would. The firm was fiscally responsible, employment salaries were of a good Income
level, the company had reasonable training opportunities and had a policy of non-discrimination.
There was a need to recognize the opportunity for spin-offs. There were three possibilities to
consider • a traditional business with a tax abatement, a business without abatement or no r
~f1 business.
Rp~
Chuck Carpenter stated that the Executive Committee Members of the Chamber of Commerce
were here to thank the City for considering this request,
J
?h w 10 32X
0
City of Denton City Council Minutes
January 6, 1998
Page 14
I
I
Mayor Miller stated that he had speaker cards in support of the proposal from Dick Smith, Bill
Patterson, PerryMcNeill, Tony Clark, and George Highfill. i
I
Council Member Cochran stated that he did not want his remarks to be misconstrued as being
against this particular plant. He did not think it was bad but would be a wonderful thing to have
in Denton. His only hesitation was the terms in which the company indicated that it would come
to Denton by discounting taxes to the company. He felt there was amply public sentiment that
was philosophically opposed to this in general. He did not receive answers to the questions he
had about the figures associated with the proposal. He did not receive an answer to the question
of what the actual utilities would cost. He resented the fact that rather than an objective analysis
to the question to allow decisions makers to make an objective decision, there was boosterism
more than anything else. Smoke and mirrors needed to be removed in order to analyze this In an
objective manner. The question of utilities still disturbed him, There was a large movement
around the country that viewed tax abatements as a bad thing. He felt it was one community
bidding against another for a company. To him it seemed like a case of big city slickers duping
country bumpkins. They had been told that unless Denton discounted its fine community and
lowered the tax rate, the company did not want to do business in Denton. There was no
commitment that the company would locate in Denton. Denton was a community which should
sell itself. In hard economic time, he could see that there perhaps would be an argument for
bending the rules but this case not the case now. It would have been helpful to discuss how
much the cost would be for the infrastructure to service the facility. That should have been on
the table for consideration. He felt the Council had not received good numbers regarding the '
proposal. There were no figures for the cost of a road, sewer/water service, or electrical
generation,
Dave Noble stated that a few members of Council were not able to listen to Dean Brown's
message. This project looked at communities for a sense of community. Mr. Brown's directive
was to look for a community for a win-win proposal. The communities looked at were free
standing and the proposal did not come to the communities with a hand out. The communities
offered these proposals.
Mayor Miller stated that some comments made by Council Member Cochran were unfortunate.
They did not give credit to the City nor to the proposal. Prior Councils developed an abatement
policy as it was necessary to be competitive, That did not mein that the Council would give the
City away, An abatement was similar to receiving a grant from the state or federal government
where the City had to match the grant dollars. In this case, the City would not be receiving full
taxes for a number of years in order to attract the business and then would receive the full
amount of taxes after that. It was his understanding that the lower salary rates would be In
excess of $10 per hour. Two major products would be produced at this plant. This would be a 4 •
great industry for Denton as it would be a current business for many years, He felt that word tax
Y abatement was an inflammatory word. If there was a different system in Texas it might not have
to be done. Denton was a great community and it would be a mistake for United Copper to not
to come here. Denton had a good quality of life with a concern for the level of services offered.
~ r..,., 2~)K In 32XID
WWW"
City of Denton City Council Minutes
January 6, 1998
Page 15
i
Mayor Pro Tent Brock stated that the abatement agreement indicated that the United Copper
building would be a generic building which could be used for something else in the future if
necessary. The Committee was not looking for a high employee number and it was not critical
with the committee. This was not a bidding war as there was no back and forth among the
communities. Other communities might have larger resources which could offer more to the
proposal,
Council Member Beasley stated that she always tried to look at both sides of the question, both
sides of the factors involved. There were great pros for the project and a few cons. Even though
in some ways it was hard to give a tax abatement, she was in favor of the project. This project
would bring increased value to the City and Increased taxes to the community,
Council Member Kristoferson fell that Council Member Cochres perspective was healthy as it
was Important in a community such as Denton that all perspectives of the spectrum were
represented. She stated that her decision to vote for the proposal was based on the growth
numbers. Ina very short few years the City would be asked to absorb a 5.10% growth rate. She
questioned if the City could afford to absorb more homes without considering diversification of
the tax base, She called the question.
Mayor Miller Indicated that Council Member Young had already requested to speak,
Council Member Young stated that competition was the American way, He felt Council
Member Cochran was against economic development. The City of Denton and the citizens in
Denton were excited about this company. This company could increase the standard of living in
Denton. Denton would be a good neighbor for this company and wanted it to come to Denton,
City Manager Benavides stated that the fixed utility costs were already there. If the power costs
and fixed costs were spread to more customers, it would benefit the City, the State was
committed to improve Highway 380 at the location. There was no profit margins In the figures.
There would be a profit from water, solid waste, etc. The figures were lower to provide a
conservative estimate.
On rolivote for the motion to proceed with a 30% 5 year abatement, Beasley "aye", Kristoferson
"aye", Cochran "nay", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye",
Motion carried with a 6.1 vote
i
20. The Council consider nominationslappointments to City's Boards and Commissions.
® O •
Mayor Miller had nominated Teresa Sterrett to the Library Board at a prior meeting. On roil vole,
Beasley "aye", Kristofenon aye ,Cochran aye , Durrance "aye", Young "aye", Brock "aye", and
Slayor Mil let "aye". Motion carried unanimously. /
2.5 32 x~❑
i
1
City of Denton City Council Minutes
January 6, 1998
Page 16
e i
Council Member Kristoferson nominated Julia Klinck to the Cable T.V. Advisory Board.
21. Miscellaneous matters from the City Manager.
Mayor Miller stated that the Council would be receiving a repo. r nom the City Manager on an item
from the test Council meeting, This was not a posted item and the Council would only be receiving
a report. There would be no Council discussion on the item. There were speaker cards on this item
and as a courtesy to those citizens, the Council would allow them to speak.
City Manager Benavides stated that at the last meeting, Council asked staff to report back regarding ~ .
! new technology regarding firs helmets for the Fire Department.
Chief Ross Chadwick stated that the City Manager had authorized him to develop specifications ~I
and go out for bid for two helmets. That would be done In 30.60 days. One helmet would be
placod in the battalion chiefs vehicle and the other would be on the quint. The helmets would be
reviewed for effectiveness before purchasing more.
Don White stated that the Denton Greater Caucus had voted on this Issue but it failed due to lack of
Information. The Caucus was many organizations and no one could speak for that group except for
the chair. The Caucus had supported the Director of Emergency Services and Fire Chief Chadwick.
He would not attempt to micro-manage the budget of the Council
Doug Coggeshall Introduced Lee Milton who demonstrated the helmet for the Council. The cost of
the helmet was $25,000 each and the technology came out of the military.
22, New Business l
There were no items of New Business suggested by Council Members for future agendas, {
23. There was no continuation of the Closed Meeting under Sections $51.071-551.085 of the
Texas Open Meetings Act.
24. There was no official action on Closed Meeting items held tinder Section 551-071-
5$ 1.085 of the Texas Open Meetings Act.
i
With no further business, the meeting was adjourned at 11:10 p.m.
JENNIFER WALTERS JACK MILLER, MAYOR
CITY SECRETARY CITY OF DENTON, TEXAS
CITY OF DENTON, TEXAS
i
10 32X10
0
.w~owr
A
CITY OF DENTON CITY COUNCIL MINUTES
January 13, 1998
' After determining that a quorum was present and convening in an open meeting, the City
Council convened in a closed meeting on Tuesday, January 13, 1998 at S; lS p.m. In the Council
Work Session Room of City Hall.
PRESENT; Mayor Pro Tem Brock; Council Members Beasley, Cochran, Durrance,
Kristoferson, Young
ABSENT; Mayor Miller
1. Closed Meeting:
A. Conference with Employees - Under TEX. GOVT, CODE Sec. 551.07S. The
Council received information from employees during a staff conference or briefing, but did not
deliberate during the conference.
The Council convened Into a Work Session on Tuesday, January 13, 1998 at 6:00 p.m, in the
City Council Work Session Room at City Hall
PRESENT: Mayor Pro Tem Brock; Council Members Beasley, Cochran, Dumince,
Kristoferson, and Young.
ABSENT: Mayor Miller
1. The Council received a report, held it discussion, and gave staff direction regarding impact
fees, ~I
Jill Jordan, Interim Director of Water/Wastewater, introduced Walter Huelsman, National
Director of the Government Utility Group and Bob McClain, Senior Managing Consultant for
David M. Gri ffith & Associates, Ltd.
Mr. Huelsman reviewed DMG's qualifications, He went into a quick overview of the impact fee
study process. lit stated there was a logical development the city must go through and there
were laws a city must follow when looking at impact fees. The city had to determine their needs
rod where more capacity would be needed, A ten-year CiP program had to be identified to
,ure the city could service what they wanted to accomplish. Impact fees were one way to
e1nance this growth,
Mr. McClain stated that they would go uver some of the questions and concerns Council voiced
at the previous briefing on impact fees, He stated that a part of the process a capital
Improvement advisory committee had to be appointed. This C1P committee would report to the
City Council twice a year on the progress of the capital Improvement plan. DMO would help the
Council through the decision-making process. They would also make sure that the reporting
process was established, in the event anyone ever came back to challenge the City, they would t
actually be able to prove not just how the fees -ere collected but also what projects the Autds
were spent on. Mr. MCClrln went through the surveys. Of 35 titles in high growth Attu,
Highland Village tanked among the highest impact fees, The City of Garland had near the
lowest. The impact fee was collected per S/8" meter equivalent.
i
?5 K 10 32XI(
t
0
City of Denton City Council Minutes
January 13, 1948
f Page 2
Council Member Beasley asked if a $18" meter was one house.
McClain stated that when the council went through the Impact fee study process, 1, would
determine what would be a service unit-for most cities, it was a 5!8" meter equivalent.
Council Member Young asked If the price ofthe house affected the Impact fee
McClain stated no. There were different methods of setting impact fees. The volume method
would basically be what the average customer already paid Into the water assets. Another way
was the incremental method. The mortgage payment would basically be what the impact fee
would be based on.
Council Member Young asked if there was an impact fee on remodeling a house
McClain stated no, as long as the use of the house was not changed, For example, if someone
bought a house and remodeled It into a restaurant, based on the change from a 5/8" meter to a 2"
meter, the impact fee would be based on the Incremental difference between the two.
i
Mayor Pro Tern Brock stated that it appeared that the higher impact fees were in the cities with
rapid growth,
McClain stated that part of the impact fee process was determining what percentage the city
could charge, what the market could stand, Mother factor had to do with transportation fees.
Very few titles charged transportation fees, although some cities were considering them. There
were some restrictions such as a three-mile circumference around the bereftt area around a
roadway. DA4a's expertise was In water and sewer and not In the transportation area. Another
consideration was the percentage of the maximum impact fee that could be collected by a city.
56•371j19 of the maximum impact fee, based on a cost basis, could be charged. When calculating
impact foes per service unit, the total eligible cost, which was the capacity cost within the 10•
year time window, was divided into the number of units expected to grow, This would be the
maximum impact fee the city could charge, The percent of the maximum impact fee charged had
1,{ to be consistent, as all citizens within the city had to be treated the same.
P F .
i Council Member Beasley asked why 1006/o of the Impact fee wasn't used.
McClain stated that to use 100%, the city's costs would have to be accurate or when it came
down to the reconciliation after the 10-year period, refunds might have to be made.
Council Member Young asked if an Impact fee could be raked or lowered.
r McClain stated yes, it could be adjusted after all the information from the study was In. The
study needed to be updated every three years. If the growth rate had accelerated or the city's
assumptions had changed substantially, it could be done every year,
McClain stated that Impact fees were typically assessed at the planning stage, Some were
collected at the building permit stage, some at the platting stage
- 10 32XID
O
I
;.'lea„
City of Denton City Council Minutes
January 13, 1998
Page 3
I
Council Member Young asked how an impact fee on an apartment building was determined.
McClain stated it would be based on the impact fee schedule the council developed. ,
McClain stated that In 1987, a law was passed that mandated each city adopt impact fees for
water and sewer per service area. The law gave cities a three-year grace period; so many cities
enacted impact fees in 1990. He stated that out of 35 cities, eighteen completed the
comprehensive plan before the impact fee study process. Twenty cities completed water and
sewer master plans before the impact fee study process. The City of Desoto has had to refund
transportation fees. (rand Prairie has had to refund all three types of impact fees. The
development rate of the cities with impact fees had not been affected. The majority of the cities
in the survey were among the highest growth rate cities in Texas; Piano, Flower Mound, The
Colony, Highland Village, McKinney, and Southlake,
Council Member Young asked if they had looked at any cities in which the growth rate declined
after impact fees were enacted.
McClain stated that he was 'tot aware of any that had. Hucleman stated that impact fees did not
seem to affect the growth rate Some developers may have t ; be included in a grandfather clause
on property they already had putchased. Other developers would Include the impact fee in the
selling price of the property in their development,
Council Member Young asked if impact fees affected affordable housing,
fluelsman stated no.
McClain reviewed some of the pitfalls of the impact fee study process, lie said a city had to
make sure the CIP was comprehensive. When land use assumptions were defined, the potential
growth areas would be defined, which could be controversial, There would be a large amount of
time and effort related to the adminisuatlon of the fees, such as keeping a list of owners who had
contributed Impact fees and submitting a semi-monthly report to Council on the CIP, The city
must ensure funds were, spent on projects fn the CIP and ensure timely reconciliation of actual
expenditures.
• NIl Clain reviewed some of the benefits of the Impact fee study process. Impact fees addressed
the concerns that growth did not pay its own way, The fees helped keep down the debt service
component of rates. Impact fees, such as Allen, Corinth, Flower Mound, Highland Village,
Keller, Lancaster, and Plano had offset some cities' rates. McClain stated that in enacting impact
fees they were not loading down the present customers who had been with them for yea".
Jordan stated that they had Interviewed six consulting firms to look at land planning and
wastewater management. Two tlrms had been selected to do the studies. These reports would be
brought back before Council In mid-February.
1. The Council received a report, held a discussion, and gave staff direction regarding a
proposed park dedication ordinance. The Parke and Recreation Board recommended approval, J.
0.
e
0
City of Denton City Council Minutes
January 13, 1998
Page 4
Ed Hodney, Director of Parka R Recreation, stated that the proposed ordinance applied to all
residential development, multi-family, as well as single family. Requirements for the ordinance
were based on a standard of 2,S acres of parkland per 1,000 residents and a service area of i
square mile. The minimum neighborhood park size would be S acres. This ordinance
establibhed two kinds of fees-full land and facility development costs for a typical S-acre
neighborhood park. k
Mayor Pro Tem Brock asked that once a linear park plan and trailway plan was in place would it
be possible to add these to the park ordinance.
Hodney stated yes.
Council Member Beasley asked if this was normal, if this was what other cities were doing.
Hodney stated yes, communities were using the fees they collected to develop or buy parkland,
Council Member Young asked if he was building it house, would he have to pay any fees.
Hodney stated that the ordinance was set up to apply to developers.
Mayor Pro Tem Brock wanted to get an idea how big a S-acre park was.
Hodney stated Fred Moore Park was about 7 acres. He stated that the ordinance was set up to
allow for maneuverability if a circumstance for less than a S-acre park came up. A S-acre
minimum was typical of other ordinances examined. Land requirements and fee calculations
were based on 2.8 persons per single-family and 1.8 persons per multi-family dwelling units.
Fees and/or land dedication would be due prior to final plat approvAl. Proposed requirements
w.nid not be applied to previously approved plats that were la compliance with existing
subdivision regulations as of the ordinance adoption date.
Hodney stated the ordinance provided a basis for land fee calculation for developments of less
than 714 single-family units or 1,111 multi-family dwelling units. The formula was 2,5 acres x
(number of proposed dwelling units) x (persons per unit) divided by 1000 - park acreage i
required to serve the development, To establish the value for the acreage, the appraisal district
valuation could be used or the City could buy its own letter of valuation. The land fee
calculation was determined by the acreage required x pre-development value of the land per acre 1
divided by the number of dwelling units proposed In the preliminary plat, The land dedication
calculation for developments equal to and greater than 114 single family or 1,111 multi-family
dwelling units was 23 acres x (no. of proposed dwelling units) x (persons per unit) divided by
1,000 and that figure would be the number of sera to be dedicated.
0 ~
Hodney stated he estimated the park development costs of a typical neighborhood park at
S20S.M. For a typical $-acre park, this Included basic infrastructure and sitework (puking and
driveway, utilities, grading/drainage, and demolition and cleanup), playground, picnic shelter,
multi-use court (tennis cotta, basketball court, roller hockey court), site furniture (picnic tables
and benches), walks/traiis, amenities (may include goals, backstops, irrigation, landscaping and
turf, lighting and signage), and desigWcontingencles.
El 32 X
low
0
City of Denton City Council Minutes
January 13, 1998
Page S
1
Council Member Beasley asked if a developer came in and wanted to give a $-acre park even
though the requirement was less, could it be accepted and would the developer still have to pay
the development fee, or could some kind of allowance be made.
Hodney stated there were two ways to deal with that as the ordinance provided for some
flexibility, More land, essentially as credit, dollar for dollar could be accepted for what would be
required by the park development fee. 11 depended on the situation, If it was a piece of property
the City really wanted or if it was flood plain land to preserve.
i
Council Member Young asked about someone putting in a development right across from where
there already was a park.
Hodney stated the ordinance had an allowance for that providing certain criteria were met, He
stated the ordinance also provided for fees and/or land dedication due at the time of the final plat.
Collected fees must be spent to acquire and/or develop the parkland within one mile of the
periphery of the subdivision. The City must spend the collected fees within ten years of
collection. If not, the original fees may be refunded to the developer or heirs upon written
request. Dedicated land was considered acceptable If at least 2S% was out of the 100-year flood
plain; at least 30% had slopes of less than S%; it was free of debris, hazardous substances,
underground tanks; it had reasonable street ftontage, Additional flood plain acreage may be
dedicated at a ratio of 3:1, in lieu of non-flood plain land, A partial credit of up to S0118 against
land dedication and fee requirements may be applied to proposed private recreation land and
facilities: Park development fees would be adjusted annually, in accordance with the Consumer
Price index, A comparison of park fees from different cities was discussed. N. Worth and
McKinney did not collect the development feos.
Council Member Kristoferson stated It was interesting that cities outside of Denton had 1ports
complexes and that citizens in Denton had questioned why Denton didn't have any, j
Hodney stated that some cities collected a fee on all parks, not Just neighborhood parks.
Council Member Young asked if this would apply to commercial development,
Hodney stated no, it was rare for cities to have a commercial land dedication. I
Rodney stated two public hearings were held at the planning & Zoning Commission meetings.
The lint public hearing was held January S, 1998. Comments received included: (1) additional
parkland was not needed; (2) there may not be maintenance budget for added find; (3) the
ordinance gave the City too much time-(ten yeas to spend fees on a new park; five years would
be more reasonable); (4) there was a concern the developers had little influence over the park
location; (S) one-half to one-milt service distance was lof far; (6) It added too much cost to the 6
price of a home, especially when Impact fees were enacted; (7) it was not needed, since
development generated taxes to cover costa of new public facilities; (8) the City was doing too
much at once (park dedication, impact fees, landscape ordinance); and (9) may not be able to
afford to develop property. The following were comments from the public hearing held January
1, 1998: (1) the fees may be loo high; (2) establish a fixed land fee, rather than variable; (3) one-
half mile service radius too fu; (4) how to ensure proximity; how to apply the ordinance in
- 21) 10 32x1❑
I s
0
City of Denton City Council Minutes
January 13, 1998
Page 6
areas where land was not available for purchase; (6) should not apply to development in ETJ; (7)
might be okay with land dedication, but not the park development fee; (8) should a variable park `
development fee be Included, to be based on development determined by the residents; (9) high
fees would adversely Impact affordable housing goals; (10) reduce the minimum park size to less
than five acres, thereby decreasing the fees; (11) fees were too high in comparison to
competition; and (12) the City was not committed to maintaining its existing parks, let alone
additional parklands.
Council Member Cochran stated that In regards to tho minlmum park size required and the
expense required to develop it, it seemed there would be a place in the community for some
smaller, less expensive parks that could be open spaces with a tree and a bench. He stated that
the cost of development of these parks might be lower if an alternative style of park were
developed, maybe with fewer amenities. He stated he was In favor of the ordinance but would
like to see a few adjustments made to it.
Mayor Pro Tern Brock stated the idea of smaller parks that were not typical parks such as
greenspace needed to be incorporated into the ordinance,
Council Member Young stated that he was opposed to the park dedication ordinance altogether.
He felt It would add too much to the cost of homes and put a strain on affordable housing, The
City was going to put too many burdens on developers and they would go somewhere else, The
City was not committed to maintaining existing parks, let alone additional parks. He stated the
policy should stay as it was-voluntary. It had worked that way for years. He stated he did not
see the urgency in Implementing this at this time, maybe five or ten years down the road.
Council Member Kristoferson stated affordable housing was being limited. Some type or fee
was needed to accommodate the growth that was coming here, This should be a burden shared
by others.
Council Member Beasley stated there was a need to plan for Denton's growth. The people of
Denton that came to the public mectings for the Capital Improvements Programs wanted better
parks, more parks, better amenities in the parks. The City needed to plan now, She felt this was
a good policy. Operation and maintenance of parks would be possible with the population
0 growth and the taxes ftm new homes,
Council Member Durrance felt the ordinance with minor changes was good. He stated this was a
major part of future planning. Developments under way now don't have this.
Council Member Cochran felt a provision needed to be added to the ordinance allowing for the
nearest park to have amenities added if there was no land available for a new park In a new
development.
Mayor Pro Tem Brock stated there was a need to place the cost of new growth on new
developments. She stated that children who live in subdivisions with smaller homes on smaller
lots needed the parks more to than children who live in areas with iatge homes on large lots.
People looking for affordable housing went going to look at availability of nearby parks.
x 10 32x 10
•
•
City of Denton City Council Minutes
January 13, 1998
Page 7
Hodney stated that it was his intention to bring the ordinance back before council next week in
final draft for adoption, `
Mayor Pro 7em Brock staled she would like the suggestions that had been made to be
incorporated in the final draft.
Council Member Durrance stated that he would like to see the final draft of the ordinance with
changes.
I
Council Member Cochran suggested that on page 4 of the contract the number of required
elements for private parks be reduced which would Increase flexibility. 11e stated just having a
grecnspace was not bad.
City Manager Benavides stated that he saw a trend of comparability and standards. One
neighborhood wanted what another neighborhood had. Because there weren't these dedication
fees a large part of the debt capacity was used trying to play catch up and also trying to develop
and maintain. Park development fees would create capacity in the bond program where policies
could be made towards this and more dollars would be available to accrue from the development
fees for maintenance and would provide the flexibility to buy land for parks,
Mayor Pro Tem Brock stated that the public was not going to distinguish between private land
and how it was acquired. The public was going to see a substandard park and want to know why
that park was not as nice, The City would have to subsidize funds for private parks.
Council Member Young stated that citizens that had attended the public meetings were against
the park ordinance, This was a new tax along with the impact fees,
Council Member Cochran asked if a homeowners association or the City of Denton would own
private parks.
Hodney stated that in the past the homeowners associations had owned them but had been known
to give up a park facility that was substandard and come back to the City Council and expected
the Council to solve their problem.
Mayor Pro Tern Brock stated that it would seem that this would benefit homeowners In Denton.
City Manager Benavides stated staff would bring this back to Council at the January 27a meeting
for briefing and the February Vdmeeting for approval
3. The Council received a report, held a discussion, and gave staff direction regarding
operational Issues Associated with Ray Roberts Lake. •
Howard Martin, Assistant City Manager for Utilities, stated there were three Issues relating to 1
Lake Ray Roberts. The first issue involved current activities As they related to TPWD. The
second Issue was current developments As they related to Jordan Park, The third Issue Involved
f4ture concerns As they related to the control of development on Wee Ray Roberts.
I
32 X
MOM
o
City of Denton City Council Minutes
January 13, 1998
Page 8
Marlin stated that Lake Ray Roberts was a 30,000-acre lake, It had 18,000 acres of parkland and {
protected wildlife, There were two recreation parks - Isle Du Bois and Johnson Branch. It had
five access areas. There was a waterfowl sanctuary and wetlands management area. These were
all operated by the Texas Parks and Wildlife Department. An area called the Greenbelt, which
was a long narrow development that connected Lake Ray Roberts and Lake Lewisville along the
Elm Fork of the Trinity River, should be completed in April 1998, It included about nine miles
of biking and hiking trails and three canoe launch areas, There would be an equestrian trail from
F.M. 428 to the Jordan Unit.
i
Martin stated that in the original lease, TPWD agreed to operate and maintain the Greenbelt at no
additional cost to the cities of Dallas and Denton, Revenues from the traditional park facilities at
the Lake would be used to operate the Greenbelt. The City had received a letter from TPWD
stating they would operate the Greenbelt when it opened; however, they have not yet signed a
contract. The cities had responded to TPWD, raising two Issues of concern. The first Issue had
to do with revenue sharing. Lake Ray Roberts park facilities generated a profit for TPWD. The
cities financed the facilities through their water rates and should have received a portion of the
revenues. The cities were not receiving any type of revenue, either from the park facilities or
concessions that had been or would be developed on Lake Ray Roberts. The cities of Denton
and Dallas had drafted a letter to'TPWD asking them to renegotiate the lease to include revenue
sharing and also to grant the cities Authority In lake development and recreation-use decisions, In
March 1997, the City Council approved a resolution that would allow the City Manager to
negotiate with the City of Dallas concerning the future operation and maintenance of Lake Ray
Roberts and the Greenbelt. This would allow the cities other alternatives if TPWD refused to
operate the Greenbelt,
Martin stated that the Public Utilities Board had directed staff to look over the revenue potential
of Lake Ray Roberts and William Haralson was hired to do that. Mr, Haralson's report would be
brought to Council In February,
Mayor Miller arrivod at the meeting a18,34 p.m,
Council Member Cochran asked when Denton and Dallas signed the lease with TPWD and how
long it was for,
Julie Smith, Environmental Compliance Manager, stated the lease began In 1991 and Included a
2-year notice provision from the date of termination,
Council Member Cochran asked if the City of Denton anticipated sharing revenues with the City
of Dallas.
Martin stated that In the beginning Dallas was not interested In sharing risk or revenues, but now • •
r; they had Indicated they mlgh. be Interested, Their experience with Lake Ray Hubbard had made
them hesitant to take on another lake,
Council Member Cochran asked about the portions of revenue sharing,
- - r.1 32 x
•
0
City of Denton City Council Minutes
January 13, 19%
Page 9
Martin stated it would probably be 74% to Dallas and 26% to Denton. Martin stated that TPWD
was currently negotiating a concessionaire's contract with Larry Lakes to develop the Lantana
Lodge at the Jordan Access Area. He introduced Larry Lakes who went over his plans for
developing Jordan Park, This was the park site on the west side (Pilot Point side) which was one
of the most beautiful nature areas in North Texas. The lodge would not be on the lakefront. He
stated there was no reason to destroy the lakefront. The park extended almost 2 miles along the
lakefront with the equestrian trail that was the only development light now, Lakes stated their
goal was to maintain the beauty of the site as the recreational area was developed.
Lakes stated they planned to break ground June 1998. Construction would be complete
December 1999. It would open January 1999. There would be a lodge, cabins, conference
rooms, restaurant, store, beach area, and nature trail. Lakes stated when the lodge was built tree
cutting wcuid be mistimal. The cabins would have four rooms to a building. The concept of
cabins in the woods instead of hotel rooms had more appeal. Cabins would be built out of
recycled materials and the green sustainability building concept would be used. This would 1
minimize the Impact on the environment and maximize the use of recycled materials and
essentially support the green building concept. SustainablMy in building design meant meeting
the needs of the present without compromising the needs of the future. Their core values would
be guest services - enhancing the visitor's assurance that the Jordan unit was the most Important
function of their business, Solu design would be used to make maximum use of sunlight for
heating and lighting. Permaculture and zeroscape systems; renewable energy applications,
rainwater harvesting system; graywater; wood reduction building system - reduce the amount of
wood actually used In structures - would also be used.
Council Member Beasley asked if there would be a marina.
Lakes stated there would be a marina, but It was not part of Phase 1. Phase 1 was the lodge and
conference center,
Martin stated the last issue had to do control of development along the lake. The lake was a
crucial water supply for the cities of Denton and Dallas. It was a very popular lake. A lake
could only support to much recreational activity and development before water quality became a
r major concern. The cities had asked TPWD to renegotiate the lease, giving the cities approval
• authority for development, Staff had proposed that the cities conduct an Impact study and
develop a Master Plan for Ray Roberti The study could be used as a baseline for recreation and
development decisions such as; How many marinas,fioat slips can the lake support? Should the
surface area he zoned for different types of use (jet skis, etc.)? What typo of development should
be permitted on the shoreline? How will safety concerns be addressed?
Mayor Miller asked if this had been discussed with Dallas.
• •
Martin staled yes. The city of Dallas had recently completed a similar study for Lake Ray
Hubbard and would be willing to share the costi of such a study for Lake Ray Roberts,
Martin asked the Council to communicate with staff or the City Manager whether to renegotiate
the TPWD lease to include revenue sharing and/or development control. If TPWD relbsed to
renegotiate the lease, should staff tennlnate the lease. If the lease wen terminated, the City
would have to be ready to take over operation and maintenance in two years. Martin staled that a
- M~ I~~ 32XI❑
• o
.era..
City of Denton City Council Minutes
January 13, 1998
Page 10
contingent agreement would be included at the January 20" Council meeting for consideration.
Around February IV, the results from Mr. Haralson's study on revenue potential of Lake Ray
Roberts should be available for review by Council
City Manager Denavides stated he would like to keep pushing and asking for both Issues.
Council Membe, Durrance asked if Mr Haralson's report could Include staff capabilities and
requirements if the City were to take over operation and maintenance.
Smith stated that the PUB had asked for revenue potential only but would ask Haralson to
include that In his report.
Martin stated they would bring No Information back to Council In February,
Council Member Cochran asked why TPWD would renegotiate a contract that was financially
rewarding, He stated that he knew of another municipality that had taken over a park and asked
irstafrcould check Into what change in attendance occurred when it went from a state park to a {
municipal park,
Smith stated there was another lake that was operated half by the state and the other halt by
concessionaires. The half operated by concessionaires was doing better than the half that was
slate operated,
Council Member Young asked City Manager Senavides to look Into purchasing a van for the
Martin Luther King, Jr. Recreation Center,
With no further business, the meeting was adjounted a 9:32 p,m.
I
EULINE BROCK, MAYOR PRO TEM
r, a CITY OF DENTON, TEXAS
.ti
,
JANE RICHARDSON
DEPUTY CITY SECRETARY
a CITY OF DENTON, TEXAS
VIII '
i
2h x Iq 32XIo {
mum
0
I
CITY OF DENTON CITY COUNCIL MINUTES
January 20,1998
Afler determining that a quorum was present and convening in an open meeting, the City Council
convened in a Closed Meeting on Tuesday, January 20,1998 at 5:45 p.m. in the City Council Work
Session Room at City Hail,
PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Member Beasley, Cochran, Young
and Durrance.
ABSENT: Council Member Kristoferson
1 The c iuncil considered the following In Closed Meeting:
A. Conference with Employees-Under TEX, GOVT, CODE Sec, $51075, The
council received information from employee, or questioned employees during a
staff conference or briefing, but did not deliberate during the conference.
The Council convened into a Regular Meeting on Tuesday, January 20, 1998 at 7:00 p.m. In the
council chambers orcity Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Cowwil Members Beasley, Cochran, Young
and Durrance,
ABSENT, Council Member Mstoferson
1. Pledge of Allegiance
The Council and member of the audience recited the Pledge of Allegiance to the U. S. and Texas
flags,
CITIZEN RFPQRT
2, The Council received a citizen report from Dessle Goodson regarding the City of Denton.
r* ` Ms. Goodson Nis not present at the meeting.
P RESENTATIONSIA WARDS
7 The Council considered approval ofa resolution of appreclifion for Bob Nelson,
Mayor Miller presented the resolution of appreciation to Bob Nelson,
Brock motioned, Beasley accorded to approve the resolution. On roll vote, Beasley "aye",
• Cochran "aye", Dumtrce "aye", Young "aye", Brock "aye", and Mayor Miller "Aye". Motion * •
carried unanimously,
CONSENT AGENDA
Council Member Cochran asked that Item 43 be pulled for separate consideration,
76
2~i w~ 3 2x~~
•
WNW"
0
I
City of Denton City Council Minutes
January 20, 1998
Page 2
Mayor Miller indicated that Item 04 was pulled from the agenda and would not be considered.
Young motioned, Brock seconded to approve Consent Agenda Item #6 and the accompanying
ordinance. On roll vote, Heasley "aye", Cochran „aye„, Durrence "aye', Young "aye", Brock j i
"aye", and Mayor Miller "aye". Motion carded unanimously.
I
6. NO. 91-009
AN ORDINANCE PROVIDINO FOR THE EXPENDITURE OF FUNDS FOR THE
NECESSARY REPAIRS TO A 973 CATERPILLAR TRACK LOADER WHICH IS AN
EMERGENCY PURCHASE IN ACCORDANCE WITH THE PROVISIONS OF STATE j
LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF l
COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE, (PO #82071 - Darr
Equipment)
ITEMS FOR INDIVIDUAL CONSIDERATION
Item #S was considered from the Consent Agenda
3. The Council considered adoption of an ordinance of the City of Denton authorizing the City
Manager to execute a professional senices agreement with Application Cuntrol Engineering for
development of an early storm warning system; authorizing the expenditure therefore; and
providing an effective date. (P. 0, 482389 - Application Control Engineering in the amount of {
$31,200.00)
Council Member Cochran asked for more information on the scope of work.
Jill Jordan, Intedm Director of Water and Wastewater Utilities, stated that the scope of the
project was to prepare the engineering specit3eati6ns and select the equipment to be used for the
flood warning system. This was a very specialized area and outside assistance was needed. II
Council Member Cochran asked about the number of sirens to be included.
i
Jordan stated that that was a different system, One phase of this system was the flood warning
system with automated gate closures at Corbin Road and Mayhill Road. The second phase was
for stream gages and rain gages to automatically record data to send to the wastewater treatment
plant, •
The following ordnance was considered;
I
I
- Its 32XIO1
wr ,
0
4
City of Denton City Council Minutes
January 20, 1998
Page 3
r
NO. 97-008
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZINO THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
APPLICATION CONTROL ENGINEERING FOR, DEVELOPMENT OF AN EARLY
STORM WARNING SYSTEM; AUTHORIZING THE EXPF,NDITURE THEREFORE;
AND PROVIDING AN EFFECTIVE DATE, (P.O. 082389 • APPLICATION
CONTROL ENGINEERING)
Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Cochran
"aye", Durrance "aye", Young "aye", Brock "aye', and Mayor Miller "aye". Motion carried
unanimously.
7, The Council considered adoption of an ordinance authorizing the City Manager to
execute an agreement between the City of Denton and Don R. Windle to lease certain premises
of the Municipal Airport and construct and maintain an aircraft hangar and related aviation
facilities thereon; and providing an effective date.
Linda Ratliff, Director of Economic Development, stated that this lease would be for 14,440
square feet and would provide an additional $2,160 annually in airport revenue, The primary
purpose of the lease was the storage of aircraft but auxiliary equipment and two antique autos
would also be stored In the hanger. The non-aircraft storage area would be screened so as to not
see it when the hanger doors were open, This would be a 30 year lease with two 10 year optlons.
The following ordinance was considered:
NO. 99-010
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DLNTON AND DON R. WINDLE TO
LEASE CERTAIN PREMISES OF THE MUNICIPAL AIRPORT AND CONSTRUCT
AND MAINTAIN AN AIRCRAFT HANGER AND RELATED AVIATION
FACILITIES THEREON; AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Cochran
"Aye", Durrance "dye", Young "aye", Brock "Aye", and Mayor Miller "aye", Motion carried
unanimously.
9, The Council considered adoption of an ordinance authorizing the Mayor to execute a r
'M contingent agreement with the city of Dallas and Lary it Lakes to assume a concession contract
14j/ under certaln contingencies set forth in the contract,
Howard Martin, Assistant City Manager for Utilities, stated that this item would allow the
developer to construct a concessions area at the park. The developer needed ut assurance from
the City that if the City took over park operations, he would be able to continue with this
concesslons agreement. His staff had been in contact with the City of Dallas staff who Indicated
I
- 2 5 x 10 32x10
to
_ f
City of Denton City Council Minutes
January 20, 1998
Page 4
that Dallas had an understanding of Denton's position and had pledged that they would proceed
on with the agreement. He understood that City Attorney Prouty had a conversa9on with the
City of Dallas attorney who had a number of qutstions and indicated some concerns regarding
the agreement. There might be in amendment to the agreement in the future to accommodate
Dallas.
Council Member Young asked if this was just for the concessions.
Martin replied correct that it only had to do with the concessions in the future. It would allow
Mr. Lakes to continue the concessions if Denton and Dallas took over the contract.
Council Member Beasley asked if the same revenues would be negotiated if the contract was
terminated between Mr. Lakes and TPWD.
City Attorney Prouty stated that Denton would assume the benefits and obligations of the
concessions contract. Mr. Lakes needed this agreement in order to receive funding from the bank
for the development of the lodge and concession area, Mr. Lakes could not get financing unless
he had a contract with the City.
Mayor Miller Indicated that there was a speaker card for this item.
John HoeMer stated that he was concerned about the possibility of Denton stopping the contract
with Texas Parks and Wildlife for the management of the Ray Roberts Park. He felt that it
would be a serious mistake to do this as the park was a great asset to the area. He would not like
to lose this facility.
Mayor Miller stated that this agreement was not about canceling the agreement with the park.
Ile indicated that he had a Speaker Card from Dr, Susan Tonic who indicated that she used the
facilities and would like to see the lake and parks remain under the management of the Texas
Parks and Wildlife Department.
A The following ordinance was considered;
NO. 98-011
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTINGENT
AGREEMENT WITH THE CITY OF DALLAS AND LARRY R. LAKES TO
• ASSUME A CONCESSION CONTRACT UNDER CERTAIN CONTINGENCIES SET
FORTH IN THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE. r
Young motioned, Brock seconded to rdopt the ordinance. On roll vote, Beasley "aye", Cochran
"aye'", Dunvxe "aye', Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried
unanimously.
K 10 32XI❑
f
,
0
jw~a t~
r
City of Denton City Council Minutes
January 20, 1998
Page 5
9. The Council considered approval of a resolution recognizing the dire need of a substantial '
increase in transportation funding and supporting the principles of the Byrd-Gramm Amendment
now pending in Congress as one measure to provide additional funding for mobility; and declaring
an effective date.
Rick Svehla, Deputy City Manager, stated that this resolution supported the Byrd-Gramm
amendment. The resolution recommended to Congress that the principles of the Byrd-Gramm
amendment to increase funding for reauthorization orthe bill. f
Mayor Miller stated that last year Congress placed funds in a trust fund with no enabling
legislation to spend the money. This resolution indicated that each year, after the full amount
had been collected, Congress would send that money back to the states the following year to
provide for transportation funding. There would be nothing for public transportation and would
only be for highway funding.
The following resolution was considered:
NO. R98-003
A RESOLUTION RECOGNIZING THE DIRE NEED OF A SUBSTANTIAL
INCREASE IN TRANSPORTATION FUNDING AND SUPPORTING THE
PRINCIPLES OF THE BYRD-GRAMM AMENDMENT NOW PENDING IN
CONGRESS AS ONE MEASURE TO PROVIDE ADDITIONAL FUNDING FOR
MOBILITY; AND DECLARING AN EFFECTIVE DATE.
Beasley motioned, Brock seconded to approve the resolution. On roll vote, Beasley "aye",
Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and *sayor Miller "aye Motion
carried unanimously.
10. The Council considered adoptic , of an ordinance authorizing the City Manager to execute
an agreement for interchange service b aween the City of Garland, Greenville Electric Utility
System, the City of Denton, Texas and LG&E Energy Marketing, Inc., providing for the sale of
excess electric generation capacity, as well a, other documents in furtherance of said agreement;
authorizing the expenditure of funds therefore; and providing for an effective dater (The Public
Utilities Board recommended approval.)
Sharon Mays, Director of Electric Utilities, stated that the City operated generating plants in co-
i operation with the cities of Greenville and Garland. The sales of excess capacity requited the
agreement of all three entities. This resulted in a small amount of revenue for the City. Denton • •
had a small amount of excess capacity but the other cities had more,
The following ordinance was considered:
10 32 X I O
• o
I
City of Denton City Council Minutes
January 20, 1998
Page 6
NO, 98-012
i
I,
AN ORDINANCE AUTHORIZING THE CITY MANAGER 'TO EXECUTE AN
AGREEMENT FOR INTERCHANGE SERVICE BETWEEN THE CITY OF
GARLAND, GREENVILLE ELECTRIC UTILITY SYSTEM, THE CITY OF
DENTON, TEXAS AND LG&E ENERGY MARKETING, INC., PROVIDING FOR
THE SALE OF EXCESS ELECTRIC GENERATION CAPACITY, AS WELL AS
OTHER DOCUMENTS IN FURTHERANCE OF SAID AGREEMENT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Beasley motioned, Cochran seconded to adopt the ordinance, On toll vote, Beasley "aye",
Cochran "aye Durrance "aye", Young "aye", Brock "aye', and Mayor Miller "aye". Motion
carried unanimously.
It. The Council considered nominations/appointments to City's Boards and Commissions.
Mayor Miller noted that Julia Klinck had been nominated at a previous meeting for the Cable
Television Advisory Board. On roll vote, Beasley "aye', Cochran "aye', Durrance "aye", Young
"aye', Brock "aye", and Mayor Miller "aye". Motion carried urm eimously.
12, Miscellaneous matters front the City Manager. ,
Deputy City Manager Svehla did not have any items for Council.
•t
13. New Business
The following items of New Business were suggested by Council Members for future agendas:
A. Mayor Pro Tem Brock asked for a review of the ordinance allowing partial tat
exemptions for designated historic properties.
B. Council Member Durrance asked for a work session item to consider potential rule
changes relating to the Council's Rules of Procedures relating to rules for notice of time to speak
and speaking area.
C. Council Member Young suggested that the City send informational flyers to
0 churches, the Martin Luther King, Jr. Recreation Center and the American Legion in relation to the
development projects taking place in that area. tl
D. Council Member Cochran asked For an update on the status of and how to terminate
the Economic Development District at the TI site,
14. There was no continuation of Closed Meeting under Sections $51-071-551,183 of the
Texas Open Meetings Act
25 x 10 32 x I 0
I
i
City of Denton City Council Minutes
January 20, 1998
Page 7
15. There was no official action taken on Closed Meeting items discussed under Section 551-
071-551.085 of the Texas Open Meetings Act.
With no fa=ther business, the meeting was adjourned at 8:00 p.m.
JACK MILLER, MAYOR
CITY OF DENTON. TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
25K10 32X10
3awvr
I
I
i
I
CI'T'Y OF DENTON CITY COUNCIL MINUTES
JANUARY 21,1998
The Council convened into a joint meeting with the Denton Independent School District Board of
Trustees on January 21,1998 at the Radisson Hotel, 2211135-F, Denton, Texas.
PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson,
Cochran, and Durrance.
ABSENT: Council Member Young
t. Mayor Miller and School Board President Schaake called the meeting to order and both
declared that a quorum was present.
2. The Council held a discussion regarding the revising of the City and DISD tax abatement
policies.
City Manager Henavides stated that the committee was currently working on revising the policies.
It would be looking at other communities with universities and the types of abatements they had.
Fie felt that tax abatements were appropriate but needed to be selective and done so as to make
sense to Denton.
Mayor Pro Tem Brock stated that it was a flexible tool to help Denton reach its goal.
City Manager Benavidcs felt that this would be a good topic for an all day workshop with the
DISD.
Mayor Miller stated that the policy should enable the City to look at an organization. It would
attract businesses such as United Cooper and the expansion of Peterbilt. There was a need to not be
too specific on the type of businesses allowed for the abatement. It needed to be a business that
would broaden the tax base and supply jobs to citizens.
Trustee Jim Alexander felt thpt the key word was "selected" abatement. He felt it would be helpful
to update the policy,
3. The Council received a report on the status of the City's CIP program.
Rick Svehla, Deputy City Manager, presented an overview of projects both those in progress and
thosr, proposed, The City's CIP was now a four year project instead of a five year project. This
was a good way to continue looking atjoint CitylDISD projects.
JL Board President Schaake suggested Including similar maps as a part of each quarterly meeting to ,
provide updates on the projects.
?5x~❑ 32 x~d
i
i
i
n
arw.rsr
City of Denton City Council Minutes
January 21, 1998
Page 2
4. The Council received a report on the development activity within the City of Denton.
Rick Svehla, Deputy City Manager, presented a schedule of the Development Plan. He suggested
including any kind of planning documents that the DISD might have.
Superintendent Thomas stated that they wen working very closely with the City regarding the
impact on the enlargements of schools.
S. The Council received an update on the Denton Development Plan process.
This item was considered with Item #4.
6. The Council discussed a future all day workshop to be held between the City and Denton
Independent School District to discuss issues of mutual interest.
Board President Schaake stated that such a workshop would allow more time for discussions on
topics of interest for both entities. The workshop could be a whole day or just half a day. This
meeting would be in addition to the regular quarterly meetings.
Consensus of both entities was to work on a tentative schedule for a future meeting.
7. Mayor's Comments
Mayor Miller stated that they were working on a legal method to deal with the differences in tax
abatements.
8. President's comments
Board President Schaake expressed thanks to the abatement committee, The next quarterly meeting
would be April I Sth.
• With no further business, the meeting was adjourned at 115 p,m.
JACK MILLER, MAYOR
CITY OF DEMON, TEXAS
JENNIFER WALTERS
CITY SECRETARY r
CITY OF DENTON, TEXAS
75 x❑ 32X~d
I
CITY OF DENTON CITY COUNCIL MINUTES
January 27. 1998
After determining that a quorum was present and convening in an open meeting, the City
Council convened in a closed meeting on Tuesday, January 27, 1998 at 5:15 p.m. in the Council
Work Session Room of City Hall.
L
PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Krisioferson,
Cochran, Young and Durrance.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Conference with Employees - Under TEX. GOVT, CODE Sec, 55' ^'S. The
Council received information from employees during a staff conference or brie. S, but did
not deliberate during the conference.
The Council convened into a Special Called Mecting on Tuesday, January 27,1998 at 6:00 p.m, in
the City Council Work Session Room of City Hall.
PRESENT': Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance,
ABSENT: None
INDIVIDUAL ITEMS
1. The Council considered approval of a resolution of the City of Denton, Texas approving the I
eligibility of the City of Denton to participate in tax abatements; establishing guidelines and criteria
governing tax abatement agreements; and declaring an effective date,
Linda Ratliff, Director of Economic Development, stated that at the January 6th Council meeting,
Council directed staff to reinstate the current policy with minor changes. Those changes in sections
K and L changed the wording from "may" to "shall" for Council consideration of a resolution to
call a public hearing and to hold that public hearing. The City Attorney also added other wording
to clarify codes. The Joint Tax Abatement Committee would be meeting on Thursday to consider
• amendments to this policy. The purpose of the reinstatement was to consider several applications
already received.
Council Member Cochran stated that he had several items to consider for amendments but would
submit them to the Comminee to consider.
Council Member Beasley stated that this resolution would approve the zone for two years. She '
! asked if this was a standard requirement or could it be approved for a longer period. • !
City Attorney Prouty replied that State taw required a review every two years. To amend it within
that two year period would require a supcrrnajodty vote of Council.
Council Member Beasley stated that if the Committee recommended amendments sAer passage of
this resolution, a supermajority vote would be required to approve those amendments.
City of Denton City Council Minutes
January 27, 1998
Page 2
City Attorney Prouty replied correct.
Council Member Cochran stated that that requirement cast a different picture on passing this
resolution at this meeting. There would be different voting dynamics with the new policy due to
the change from a simple to a supermajority. He questioned if the policy would be directed just for
the required amount of time to process the current applications under that policy. The policy could
then be revised as planned.
City Manager Benavides suggested wording for 90 days or whenever the two applications were
taken care of.
Mayor Pro Tem Brock questioned if the wording could indicate that the policy would expire when
the two cases already filed were completed,
City Attorney Prouty stated that the policy was for two years and could not be adopted for a shorter
period. The policy could be amended with a supermajority vote. Council could wait until
completion of the amendment process and then adopt the policy.
Mayor Miller stated that that would not be acceptable as an obligation had already been made.
Waiting would hold up the United Copper project.
Council Member Cochran asked whether United Copper had agreed with the Denton utility clause.
Mayor Miller stated that if United Copper did not sign the clause, it would not get the abatement.
Ratliff indicated that United Copper had a verbal agreement but nothing in writing at this time,
City Attorney Prouty stated that an agreement could not be completed until the guidelines were
completed.
City Manager Benavides asked if it would be possible to have this policy only apply for the listed
projects and then have a different policy after that date.
City Attorney Prouty did not feel it could be limited for only certain projects.
The following resolution was considered:
NO. R98-004
• A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE • •
ELIGIBILITY OF THE CITY OF DENTON TO PARTICIPATE IN TAX
J~o ABATEMENTS; ESTABLISHING GUIDELINES AND CRITERIA GOVERNING
TAX ABATEMENT AGREEMENTS; AND DECLARING AN EFFECTIVE DATE.
Young motioned, Beasley seconded to approve the resolution.
} 10 32XIo
i
MONSOON
' O
City of Denton City Council Minutes
January 27, 199S
Page 3
Council Member Cochran stated that he would like to offer several amendments to the policy.
Cochran motioned, Beasley seconded to amend the policy on page 6, Section 2.1 to add a listing of
other tax incentive programs which the entity was participating in including but not limited to the
Freeport tax exemption.
Mayor Miller stated that he would be voting against the amendment because it would piece meal
the policy
Council Member Young stated that he also would be voting against the motion as the policy had
already gone to Committee and the city had already obligated itself.
Council Member Cochran stated that there would be no regular vote available on this particular
policy for the next two years which was new information. The situation that had changed was the
Council's knowledge of the requirements for amendments. He had been willing to submit the
proposed amendments to the Committee but now there was a different criteria. This amendment
would provide citizens and decision-makers with more information.
Mayor Miller stated that the committee would probably recommend amendments that the Council
would have to accept with either a majority or a superttajority, It appeared to him that Council i
Member Cochran was willing to propose amendments with a simple majority requited but not with
a supermajority.
Council Member Cochran stated his understanding was that it was going to be a level playing field
and that decisions made would be on a temporary basis. The policy would be revised in a month or
so and why make the amendments to this document, He now knew that it was going to be different
with a whole different process.
Council Member Durrance indicated that the policy had been in effect for the past ten years. The
need for amendments had been discussed. There was a need for the committee to do what was
required of them and felt that any changes should be voted on in that fashion. He felt there was a
level playing Eeld that was well known to those who had reviewed the documents.
Council Member Durrartce called the question.
On roll vote of the amendment, Beasley "nay", Kristoferson "nay", Cochran "aye', Durrance
"nay", Young "nay", Brock "nay", and Mayor Miller "nay". Motion failed with a 1.6 vote.
Cochran motioned, Kristoferson seconded an amendment that a compliance record with MCC,
EPA, and environmental violations be required of any company requesting a tax abatement.
Mayor Miller stated that that was information the Committee could receive. 0
On roll vote, Bewley'Ytay", Kristoferson "aye", Cochran "aye', Durrance "nay", Young "nay",
Brock "nay", and Mayor Miller "nay". Motion failed with a 2-5 vote.
f
25x10 32x117
o
City of Denton City Council Minutes
January 27, 1998
Page 4
Mayor Miller stated that the Council was not opposed to the proposed amendments but there were
Council representatives on the Committee who would look at these and other amendments when
looking at a total revision of the policy.
Council Member Cochran stated that he was prepared to send his proposed amendments to the
Committee but then found out that that was not a simple majority vote. This was a strategic matter
for voting as the rules changed during this meeting. He felt the amendments would strengthen the
document. Council was trying to rush this policy through to help United Copper and Peterbilt.
Mayor Miller stated that Council was not rushing though the policy. It would have been amended
last year except that the Legislature was in session and the policy was put on hold until after the
session. This was the same provision as was in the former resolution and the back-up materials had
the information in it. It was not new to him about the supermajority vote. This was the same
provision that was in the existing policy.
Mayor Pro Tem. Brock felt the accusation that Council was voting against environmental concerns
was unjust because the Committee was considering those issues. The Committee had asked for a
list of suggestions from Council on amendments. Applications had been made under a policy that
had already lapsed, This was not anything new and the process would be fair for future
amendments. This was an important dcument and a supermajority was not wrong.
Council Member Cochran slated that be would withhold any other amendments. It was not his
intent to insult or to diminish the quality of the document. His intent to offer suggestions when
voting on the policy was to improve it, Realizing this was a two-year document was different than
what he had originally believed.
Mayor Miller stated that it was the intent of the Committee to bring back revised recommendations
with the input of citizens, Commissioners Court, DISD and Council. The document wovId have
amendments that would require a supermajority for support.
Council Member Beasley fell that the amendments were good and she would vote for a new policy.
She also had suggestions for a new policy and would pass them on to the Committee.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "nay", Durrance "aye", Young "aye",
Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote.
2. The Council considered approval of a resolution of the city of Denton, Texas calling a
public hearing to consider establishing a Reinvestment Zone 1 for the Trammell Crow/Uaited
Copper project; ratifying prior actions; and declaring an effective date.
r LinJa Ratliff, Director of Economic Development, staled Lral the policy that the Council had just
approved required that the Council establish a reinvestment tone for tax abatement purposes. Part
of the zone would include a portion of the City's ETf so that the DISD coull enter into an
agreement at a different rate than that of the City's. /
,x ~ 32x1Q
i
~uuw
0
City of Denton City Council Minutes
January 27, 1998
Page S
i
Council Member Cochran understood that the reinvestment zone was only for United Copper that
was on 31 acres. He questioned why the zone was larger than the area needed.
Ratliff stated that part of the City's ETJ was included so that the DISD could participate. In no way
did this automatically approve any tar abatement for any other company in that area. Any
abatement would havc to be approved by Council for another company. A boundary was identified
where tax abatements could be done but that did not necessarily guarantee a lax abatement.
The following resolution was considered:
898.005
A RESOLUTION OF THE CITY OF DENTON, TEXAS CALLING A PUBLIC
HEARING TO CONSIDER ESTABLISHING A REINVESTMENT ZONE I FOR THE
TRAMMELL CROW/UNITED COPPER PROJECT; RATIFYING PRIOR ACTIONS;
AND DECLARING AN EFFECTIVE DATE.
Beasley motioned, Young seconded to approve the resolution. On roll vole, Beasley "aye",
Kristoferson "aye", Cochran "aye', Durrance "aye', Young "aye', Brock "aye', and Mayor Miller
"aye'. Motion carried unanimously.
Following completion of the Special Called Mccting, the Council convened into a Work Session in
the City Council Work Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: None
I. The Council received a report, held a discussion, and gave staff direction regarding an
agreement between the Parks and Recreation Department and various youth spoils associations.
Ed Rodney, Director of Parks and Recreation, stated that the reconsideration of the existing
agreement came about due to direction from Council. Stall' developed a document for
consideratirn that included the directive of Council to eliminate the overlapping of three spring
sports and eliminating late night games. Specifically no games were to begin after 8:00 p.m.. That
evolved into the ending of games at 9,00 p. in. on school nights for children under the age of 10.
The revised document also addressed some staff concerns regarding reporting requirements that the
Association was in agreement with. The final revised agreement eliminated the overlapping seasons
• and ended late night play at 9:00 p.m. for children under 10. The City Manager asked staff to go
back to the Park Board after concems and suggestions were received from Denton Youth Baseball. p ri
` At the last Park Board meeting, the Board heard concerns from 32 individuals. Most individuals
'i spoke against one or both of the restrictions. Some were in favor of late night games end most did
not agree with the restriction of season overlap. A concern of Denton Youth Baseball was that the i "
elimination of late night play would reduce the number of games below the 12 games required for
an affiliation with a national organization. The 368 games would be reduced to 264 with a specific
concern in a reduction of school night games from 2 to 1. Some parents felt that parents end not the
32 X
NNO
s .
0
""WOW
City of Denton City Council Minutes
January 27, 1998
Page 6
City should make a determination of when children went to bed. Another concern related to the
reduction of late night games from 2 to I and the difficulty in getting umpires for the games. Most
felt that the restrictions would penalize the majority while satisfying a few. The final Board
recommendation was to leave the proposed agreement in place with one change to limit play for
children 8 years and under to 9:00 p.m. on school nights, Age groups over 8 would end play by
10:00 P.M.
i
Council Member Durrance asked for the Park Board reasoning in changing the age level. I
Annie Burroughs, Chair-Parks and Recreation Board, stated that more parents at the meeting did
not mind their children out that late at night and the Board listened to that and made a decision on
that information.
Mayor Miller asked what would be use cttect in the number of games to be played with the reduced
age limit.
Hodney stated that with the adjustment, there would be at least the minimum number of games and
perhaps one more
Council Member Beasley stated that the back-up indicated Council direction of not starting games
after 8:00 p,m, on school nights. If Denton Boys Baseball was going to limit the playing time of
games, why not start the second game before 8:00 p.m. If the first game started at 3:45 p.m. and
was kept to an hour and a half, there should be enough time for both games..
City Manager Benavides stated that even if the games were started sooner, there would not enough
slots to make sure that everyone 10 and below would get home before 9:00 p.m.
Mayor Pro Tent Brock agreed that parents should decide when their children went to bed.
However, she felt that if the City was a party to an agreement it should not be impossible for
parents who cared to get their to bed to be able to participate in a sport.
Council Member Mstoferson recommended that a poll be done to receive more information to
base the decision.
r Council Member Durrance asked if there were problems with other associations as far as game
time, etc.
Hodney stated that that was concern about the impact on the other two organizations but they were
willing to go along with it.
a Council Member Durrame stated that the other organizations had to make concessions. 0
Hodney replied correct,
Stayer Millcr asked if the Park Board voted to eliminate the overlapping seasons.
Hodney replied correct that the only change was to have late night play restricted for children 8 and
25 x 10 32XIO
0
t~
City of Denton City Council Minutes
January 27, 1998
Page 7
under instead of 10 and under.
Mayor Miller stated that part of this situation was due to the shortage of park facilities rot these
types of activities. The C1P containc3 provisions for more parks and the renovation of parks, He
asked when there might be relief of this situation.
Hodney stated that the CIP Included four fields, two for softball which were in design and should
be ready for next year, It also included funds at Even Park for the construction of two baseball
field.:. Bonds would be sold this spring and the fields constnuted in approximately IS months,
Young motioned, Beasley seconded to direct staff to proceed with the recommendation from the
Parks Board.
Council Member Beasley stated that she seconded the motion as the Parks Beard had thoroughly
explored the recommendaticn. She would like to see how this proposal worked this year with no
overlapping of seasons and the reduction in hours. She suggested a report at the end of the season
on the number of games that went over the time limit, how late the games ran, etc. Council Initially
looked at this issue because of numerous complaints received from parents on the late hours.
Council Member Kristoferson challenged Denton Boys Baseball to not play late games during,
TAAS,A,cek and to keep the games under the time limits.
Council Member Cochran stated that he would vote in favor of the proposal but would like to
revisit the issue next year. He did feet it was the responsibility of the City to make sure the children
were not out late.
Council Member Young stated that he was concerned about having 300/m fewer games. He knew
haw important it was to have more games to play and felt that parents should know when their
children shou" be in bed and did not need government to tell them how to raise their children.
Council Member Durrance stated that he would like to see the proposed schedules of the various
sports. He would also like to see last year's schedule and the proposed scheduler
~i
On roll vote of the motion to adopt the recommendation from the Parks Board and to direct staff to
bring back information on the games after the end of the season, Beasley "aye", Kristorerson "aye",
Cochran "aye', Durrance "aye", Young "aye", Brock "aye', and Mayor Miller "aye". Motion
carried unaadmously,
The Council considered Item 0.
3. The Council received a report, held a discussion, and gave staff direction regarding
amending an ordinance in order to bold an Air Pair/Open House at the Denton Municipal Airport.
Linda Ratliff, Director of Economic Development, sated that members of the Airport Advisory
Board and tenants of the Denton Municipal Airport were interested in holding an annual Air
Fair/open Houser some of the tenants and members of the Board wanted such an event test
September but not enough time was allowed for planning. The Corantitlee intended to ask for three
a x 0 32X 0
•
NOW"
' o
City of Denton City Council Minutes
January 27, 1998
Page 8
variances. The Committee would tike to invite local service organizations and commercial vendors
to set up booths and be permitted to serve food and refreshments. Section 3.5(8) of the Code did
r,,-t allow the Airport to be used as a base for the conduct of commercial activities Involving the `
:ales of refreshments or any other commodities. Council permission would be needed for such an
activity. The other two variances would allow aircraft acrobatics and sky diving. The current
ordinance did not allow for a variance so the Committee was asking to amend the ordinance to
allow for those two types of activities for an air faWopen house only. The committee was
committed to raising all funds needed to attract unique and antique aircraft and provide the
proposed activities and had already received in-kind contributions for the event. The Risk
Management Office advised the Committee that a liability policy with a minimum of $S million in
coverage would be required with $10 m lion preferred. If the Council approved the amendment to
the current ordinance to allow the activities the Air Fait Committee proposed, the City Manager
would pay for the needed liability coverage for this year's fair. If the fair was a success, the
Committee planed to sell booth space for future Air Pain so that funds could be raised to improve
the event, expand its activities and pay for the liability insurance.
Council Member Cochran suggested the group explore the possibility of receiving hotel/motel
funds.
Consensus of the Council was to proceed as proposed.
2, The Council received a report, held a discussion, and gave staff direction regarding a
proposed park dedication ordinance.
Ed Hodney, Director of Parks and Recreation, stated that staff was seeking direction from the
Council on additional information and responses to questions and comments raised at the last
session. Council had asked for a consideration to reduce the minimum neighborhood park size
from the current five acres to something less, in order to permit the acceptance of smaller "pocket"
parks. Staff felt that Section 22.35 (1) provided for this possibility. The proposed ordinance did
not reflect a minimum size of less than five acres and would address such spaces separately In the
new comprehensive plan.
Council Member Young asked the City Attorney to research the policy. He felt the policy was
unconstitutional. He asked if the City Attorney could provide an assurance that the City would not
be sued with this policy.
City Attorney Prouty stated that the park dedication ordinance was not regulatory taking of
property. It had been approved in theory for at feast IS years. Regulatory taking was defined as
destroying the value of the remaining property with no other use of the property. He could not I
guarantee that the City would be sued as anyone could file a suit against the City. {
Council Member Durrance asked when the policy would apply to plats that had been submitted • o
r previous to the effective date of the ordnance t
Hodney stated that the Planning and Development fxpartmeni estimated that 2,907 lots had been
approved since Fall 1996 as preliminary plats in preparation for the submittal of final plats.
Concept plans or preliminary plats for another 3,1 S: lots had been submitted but not yet approved.
- 'iri x io 32XI❑
I
{
i
I
i
• 0
i
i
I
9Slt0lCYI
' I
City of Denton City Council Minutes
January 27, 1998
Page 9
As currently written, the land and fee requirements would be applied to these lots as final plats were
processed. In cases where preliminary plats had been approved and park land dedication was
V
required, a developer would be given the option of resubmitting a previously approved preliminary
plat or paying fees in lieu of dedication. Planning estimated that 786 lots had been approved as
final plats since Fall 1996 with 118 issued building permits. The current draft ordinance would not
apply to these lots.
Council Member Beasley stated that Council already had a legal opinion regarding this matter and
that it was not illegal, Staff had been telling developers for months to bring plans for a park
dedication ordinance and developers did not have a problem with this request. Most surrounding
communities already had a park dedication ordinance and there was no decrease in development in
communities that had a park dedication ordinance. She had received calls concerning Habitat for
Humanity and Denton Affordable Housing in relation to this proposal.
City Attorney Prouty stated that there was a concem about applying the ordinance to only profit
corporations. He recommended that instead of providing an exemption section far non-profit
agencies that either a cap on the amount of the fees or an amoegt of land dedicated for affordable
housing apply for both profit and nonprofit housing be inco.porated. If organizations were
exempted, both profit and nonprofit organizations would have to be exempted..
Rick Svchla, Deputy City Manager, stated that Council would have to look at cost or other options
depending on what direction Council wanted to go but it would probably have to be done on the
basis of cost. Other areas might have to also be considered such is impact fees. Staff was
gathering such information for Council to consider. Building permit fees, platting fees and other
types of development fees might also have to be considered for non-profit organizations.
Council Member Cochran suggested the possibility of making block grants available for the fees
that would solve the problem of keeping the ordinance nondiscriminatory.
Council Member Krisloferson suggested moving forward to capture those developments new final
plat.
Mayor Pro Tern Brock stated that the City needed to look at what degree it wanted to support low-
,
• income housing which would be an overall budget issue.
City Attorney Prouty stated that one way to subsidize low-income housing was to s )ow that it
promoted economic development rather than provide an exception in the ordinance. He suggested
looking at committing CDBO funds or other funds with a public purpose of promoting low income
housing in the city.
• Mayor Miller stated that Council was asking staff to look at all possibilities and bring those back • !
for consideration.
Council Member Young stated that he would not support these types of fees but would support
something where the low -income people and non-profit organizations were considered,
Hodney stated that it was important to understand that u these requirements were applied at final
AMOWAID
City of Denton City Council Minutes
January 27, 1998
Page 10
plat, there were some approvtd preliminary plats that would have to be amended to reflect the new
requirements. Developers could also contribute fees in lieu of developing park land.
Consensus of the Council was to proceed as proposed and to also took at the affordable housing
issue.
Deputy City Manager Svehla stated that staff would look at all areas of affordable housing together
such as park dedication, impact fees, development fees, etc.
4. The Council received a report held a discussion, and gave staff direction concerning
adoption of the Water Distribution Master Plan prepared by Shimek, Jacobs do Finkles. (The
Public Utilities Board recommended adoption.)
Jill Jordan, Interim Director of Water and Wastewater Utilities, stated that the master plan would
provide guidance for future development.
Gary Hendricks, Shimek, Jacobi & Finklea, presented the purpose and scope of the study. Primary
products- of the study included (1) a working hydraulic model of the city's water distribution
system, (2) existing system hydraulic map, (3) existing system recommendations, (4) master plan
map and (S) master plan report. The total planning boundary was 134 square miles. Hendricks
reviewed the water distribution system demands. The existing system evaluation looked at system
demands, pump stations, elevated storage and ground storage. Existing system recommendations
included (1) development of a second source of treated water supple (take Ray Roberts), (2)
construction of the Hattlee Field Pump Station, (3) construction of a 1.0mg elevated storage in the
upper pressure plane, (4) construction of 2,Omg elevated storage in the middle pressure plane, (3)
associated distribution system improvements to support proposed pump stations and elevated tanks,
and (6) elimination of the Peach Street elevated tank from the system. Recommendations were
included in the back-up materials. Where to locate the elevated storage tanks included key factors
for location such as system hydraulics, topography and physical land features, system demand
centers and infrastructure to support the tank. Other considerations were availability and cost of
land and development restrictions. Recommended sites were a site at the University of North
Texas and in the Denis Park area.
With no further business, the meeting was adjourned at 9:20 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS t
10
JENNIFER WALTERS
CITY SECRETARY
CITY OF DEMON, TEXAS
I
j
25x10 32X10!
s '
NUNN
-DO ~ •
Agenda No. 70
Agenda Item
Gala lvr
i
in ~}rprttTfiutita>< of
MARK BO YD
WHEREAS, on Match 3, 1991, MA Boyd Wmd. aAee serving with the City of Demon since AuguM 30,
1976; and
WHEREAS, during the pail 21 yeah, Mark has mptaenlod our City as an cw%k of a quality service
t *myw; and
WHEREAS, the City of Denton has been fortunate in having enjoyed the ddicalod and ouWanding wrvk a of
Made Boyd and whhes to rtxogtdre the saw, sd
WHEREAS, Mark Boyd has ilways unod above and beyond the emckni discharge of all his dudes in
promoting the welfan and prosperity of the City, and has eamed the W it;spoct of his fellow employees, colleagues sd
chimm of Denton; NOW. THEREFORE, f
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
Thal the M noerc wd wvm appreciation of Mark Boyd fah by the citizens and olAcen of the City of Dcoloi% be
formally cmgad to him in a pennanerd marmot by x ading this Resolution upon the oriicial minutes of dre City
Council otthe City of Denton, Texas, and farwuding to Mark a live copy droner as a token of our appmcislon.
PASSE;DANDAPPROYEDNothe dayof ~~tL f94E•
JA R. MAYOR
r" 'A ATTEST;
r JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Ile
- --i► 1 a 32 X I
i
O
y
• I
. I
Apaada No _ '00 7
Agenda ha
Date _
I
j ~~a~u~t~an
I
j In ~}rpreciutitan rv1
i
JIMMIE BROWN
WHEREAS, on February 28, 1998, Jimmie Brown nnlnd, after serving with the City of DeNoa shoe
November 1, 1962; AM
WHEREAS, during the pod SS yurs. Jimmie has represented our fifty a an example of a quality service
employee; end
WHEREAS, the Cuy of Daft has been foriunele In Iwft v%Ioyod the dedicated and outstanding service of
Jimmie grown and wishes to recognire the same; and
WHEREAS, Jimmie grown has always served above and beyond the effidetd discharge of alt Ids drdia in
premodng the welfare and prosperity of the City, and has eamod the tuft respect of his febow employees, colleagues and
citrons of Denton; NOW, THEREFORJ,
Tilt COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
That the sincere and warm opp oclailon of Jtm.'nk Brown fch by the ddzcns and officers of the City of Demon,
be formally conveyed to him in a pemumeN manner by retarding this Resolution upon tic official mimeses Of the Cky
Council ofd* City of Denton, Texas, and forwarding to Jimmk a tnre copy 0woof as a token of our appreciation.
PASSE 0ANDAPPROVE Dthis die~ day of :IA16 AALrf ,1998.
i
,
JA M MAYOR
A11VST,
JENNIFER WAITERS, CITY SECRETARY
j
APPROVED AS TO LCOAL FORM:
HERBERT L. PROM, CITY ATTORNEY
15 x 10 32 X I O
I
o
i
{
Apanda No, J e 7_
Agenda Item
Dale '
AGENDA INFORMATION SHEET
AGENDA DATE: February17,1998
DEPARTMENT: Finance - Purchasing
ACNI: KathybuBose, 349.8228
SUBJECT
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A 90 HORSEPOWER LOADER/BACKHOE
TRACTOR; PROVIDNO FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE, (BID 9 2121 - LOADERBACKHOE
TRACTOR TO DALLAS FORD NEW HOLLAND FOR $56,149.00),
BACKGROUND
Attachment #1 -Tabulation Sheet
ESTIMATED SCHEDULE OF PROJECT
90.120 days after receipt of order
PRIOR ACTION! F.VIEW (Council. Boards. Commisslonsl
The City Council considered and awarded item #I, a 70 hp tractor, on November 18,
1997. Award recommendation for item 2, a 90 hp tractor, has been delayed pending
determination of available funds.
^p.
I 1
1 FISCAL IN OanlAllo2
The purchase ofthis 90 hp loadcobackhoe tractor will be funded from appropriated
motor pool replacement funds account N 720-025-0584.9104.
.r
j BID INFOR\1ATION .
awar id k 2121 item p 2 to .
We are recommending d of B t the lowest bidder, Dallas Ford
New Holland, in the total award r! S56,149,00 for the loadWbackhoe tractor and optional
items listed on Exhibit 1.
I
The unit will be assigned to the Water and Se" er Field Services Division,
I
?5 x ~0 32
x1❑
1
•
t
1
i
JI
i
AGENDA INFORMATION SHEET
FEBRUARY 17,1998
PAGE 2 OF 2
Respectfully submitted:
Name: Tom Shaw, C.P.M., 349-7100
Title: Purchasing Agent
i
Questions concerning thi.t acquisition maybe directe3 to rhy attention.
I
Attachment 01: Tabulation Shea
997.AGE ~bA
i
r,
,
i
2
_ k. 32x~d
` 10
' i
. e i
aqua
I
ATTACHMENT NI
TABULATION SHEET
BID # 2121
BID NAME: Loader/ Backhoe Tractor
I
Bid Item #2 LoaderBackhoe Tractor, 90 hp, 15'6" dig depth, with:
Hydraulic tool circuit outlet
• Air conditioned cab
a 18" trenching bucket
4' extended booth (19'6" dig depth)
11 Dallas Ford New Holland 556,149.00
2. Clemons Ford Tractor $56,511.26
3. C R d Tractor S56,667.00
°r y
Delivery 90 -120 Days
3
" 5.
f - 25 Y, 32x10
0
ORDINANCE NO.
AN ORDNANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF A 90 HORSEPOWER LOADERIBACKHOE TRACTOR; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATr, (BID # 2121- LOADERIBACKHOE TRACTOR TO DALLAS FORD NEW HOLLAND
FOR S56,(49.00).
WHEREAS, the City has solicited, receiv d and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
o: services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
DID ITEM
NUMBER -No- VENDOR AMOUNT
2121 2 DALLAS FORD NEW HOLLAND $56,149.00
SECTION 11. That by the acceptance and approval of the above numbered items or the
• submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
spccifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
i
SECTION III. That should the City and persons submitting approved and accepted items
and of the submitted bids wish to enter into a formal written agreement as a result of the
acceptance, approval, and awarding orthe bids, the City Manager or his designated representative
is hereby authorized to execute the writrcn contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions. specifications. standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
4
25x10 111
d+aYlli~
SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this day of .1998.
JACK MILLER, MAYOR
E
ATTEST: I
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM;
HERBERT L. PROUTY, CITY ATTORNEY
BY:
2121 SUPPLY ORDINANCE.
J" s
i
f . ,
t
i
1
5
x )('10 32x10
,
•
I
O
Apenda No,
Agenda Item
Date '
AGENDA INFOR IATION SHEET
AGENDA DATE: February 17, 1998
DEPARTMENT: Finarce • Purchasing
ACb1: Kathy DuBose, 349.8228
Si7~,IES,~
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF CONCRETE STREETLIGHT POLES;
PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE. (BID N 2155 - CONCRETE STREETLIGHT POLES FOR
$36,680.00),
f
BACKGROUND
Attachment 41 -Tabulation Am
I STIMAJED SCHEDULE Or PROJECT
8 weeks after receipt of order
PRIOR ACTIONIR .VIEW (Council. Boards. Commissions]
Electric Engineering Division developed the specifications, reviewed the bid responses
and concur with the recommendation.
F15.CAL 1NF'OWMAJ10
•
These concrete poles will be funded from 1997.98 budget funds account a 610.303.1031-
3h80.92:7•C032001A.
i illmood Development C)mpsny ha. already paid 511,000.00 to reimburse for four of
t}hc 55' poles to rebuild the "Old Brazos' line,
1-00
2 h { 10 32 X I
AGENDA INFORMATION SHEET
FEBRUARY 17, 1998
PAGE 2 OF 2
BID INFOPSILATIOM
This bid is for the purchase of thirty nine (39) SS' poles and two (2) 25' poles. the poles
are prestressed concrete, Thirty five (35) of the 55' poles and the two (2) 25' poles are
for overhead Improvements on North Loeust between Hercules and Coronado. Four (4)
of the 55' poles are for the rebuilding of the'Vd Brazos" line in Hillwood Dntlopment.
We recommend award to the lowest bidder, Lone Star Prestress. j
a 39 SS' poles at 5920.00 each s $35,880.00
a 2 25' poles at $400.00 each S _ 800.00
Total Award $36,680.00
RespmtfLily submitted:
Name: Tom Shaw, C.P.M., 349.7100
Title, Purchasing Agent
Questions conceming this acquisition may be,,irected to my attention.
r Attachment #l: Tabulation Sheet
1
2
z 32X10
~wi
o
I
ti
I
I
ATTACHMENT M 1
TABULATION SHEET
BID M 2156
LONE PREFERRED
BID NAME CONCRETE STREETLIGHT POLES STAR SALES
PRESTRESS
DATE I$JanA6
1 OTY DESCRIPTION VENDOR VENDOR NO BID RESPONSES
i 39 EA STREETL KHT, POLE
DECORATIVE, SAN JACINTO E.V. SMITH
BROWN,CONCRETE66' W.M,DUESENBERG
CLASS H2 120.00 1 619.00 %89
TECHLINE
2 2EA STREETLIGHT POLE, WESCO
DECORATIVE, SAN JACINTO CUMMINS
BROWN, CONCRETE, 26', THE POLE CO.
CLASS i :00 891,00
TOTAL AWARD ~S oeo,o0 83 769.00
MANUFACTURER; LONE STAR STRESSCRETE
f' PRESTRESS INC.
STOCK 1; 661301 E•8304PA.M.E90
263301 E•160.OPR408.900
DELIVERY DAYS A.R.O.: ?044 DAYS APPR. S WKS
I
,i
3
.25 32 x
1.
1
Y
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF CONCRETE STREETLIGHT POLES; PROVIDING FOR THE
EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 0 2155 - "
CONCRETE STREETLIGHT POLES FOR $36,680.00).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS. the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
i
SL(;T That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER AL VFNDO AMOUNT
2155 ALI, LONE STAR PRFSTRFSS $36,680,00 it
SECTION IL That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or scnices In accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
• Proposals, and related documents.
i
SECTION Ill. That should the City and persons submitting approved and accepted items
and of the submitted bids wish to enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the bids, the City Manager or his designated representative
is hereby authorized to execute she written contract which shall be attached hereto; provided that the
• u rittcn contract is in accordance with the terms, conditions, specifications. standards, quantities and • •
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
r
4
Y ~ ; la 32X III
III
f n was.-
That by the acceptance and approval of the above numbered Items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and In accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V, That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this day of_ ,1998.
JACK MILLER, MAYOR
ATTEST:
JEN Ialk WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY;
2153 SUPPLY ORDINANCE.
i
I •.I.' '
5
5 ~1 32x~~
r
If Apends No._..Z.~.:.Y~
Agenda Ifem
Dafe
AGENDA INFORMATION SHEET
AGENDA DATE: February 17,1998
DEPARTMENT: Finance • Purchasing
ACNI: Kathy DuBose, 349.8228
SUBJE
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF A CONTRACT FOR THE PURCHASE OF LEATHER UNIFORM
JACKETS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (BID 0 JIM - LEATHER UNIFORM
JACKETS FOR 530,419.40).
>IACKCROUND
Attachment #1 • Tabulation Sheet
ESTIMATED S H .DU OF PROJECT
30.45 days alter receipt of order with sizes indicated
PRIOR ACTION/REVIEW Wounc t Boards Commleslone)
f Representatives from the Police Department have reviewed the bid responses and concur
with the award recommendation,
FISCAL INFORMATION
The purchase of these leather uniform jackets will be funded from Police Department
1997.98 budget account # 237-070.0040.8108,
1
r e
F ,
AGENDA INFORMATION SHEET
FEBRUARY 17,1998
PAGE20F2
BID INFORMATION
This bid is for the purchase of 121 leather uniform jackets for the Police Patrol Division.
This leather jacket will replace the current style of uniform jacket that is no longer
available. The anticipated durability of the leather Is expected to eliminate replacements
except in most unusual circumstances.
We recommend bid award to the lowest bidder, I.B. Bathe Co., In the amount of $251.40
each for a total bid award of $30,419.40.
Respectfully submitted,
Name: Tom Shaw, C.P,M:, 349.7100
Title: Purchasing Agent
Questions concerning this acquisition may be directed to my attention.
Attachment NI: Tabulation Sheet
I002AVANDA Doc
2
t Fly C•
ft] 32X ICS
low
eaa~s
o
ATTACHMENT I
TABULATION SHEET
LEATHER UNIFORM J,b. TEXAS R A R UNIFORMS
JACKET 6ATTLE STATE UNIFORM INC.
F:01~ATE 216!
16,IsA46 CO. DIST, INC.
CITY iaRIFTWN VENDOR N VEN R V NDOR
121 EA LEATHER UNIFORM
JACKET 4'E1.b 12116.00 6274.60 291.34
TOTAL AWARD 9SQ419.40 $32,066.00 133,214.60 936,494.14
DELIVERY 3046 DAYS 6040 DAYS 46 DAYS 4660 DAYS
NO BID RESPONSES
OSK
LION APPAREL
Award recommendatlom Is to the lowest bldder J.9. Battle Co. $251.40 per
jacket; $30,410.40 total award.
f
i
9
;r,alxt L 32 x
a.
t~ 1
O
I
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOP. THE AWARD
OF A CONTRACT FOR THE PURCHASE OF LEATHER UNIFORM JACKETS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE '
DATE. (BID # 2156 - LEATHER UNIFORM JACKETS FOR 530,419.40).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services In accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
miua ~XQL VENDOR ANIOL NT
2156 ALL J.B. BATTLE CO. $30,419.40
SECTION 11. That by the acceptance and approval of the above numbered items of the
is submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
! specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 111. That should the City and persons submitting approved and accepted items
and of the submitted bids wish to enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the bids, the City Manager or his designated representative
! is hereby authorized to execute the written contract which shall be attached hereto; provided that the ! !
atitten contract is in accordance with the terms, conditions, specifications. standards, quantities and
spccif ed sums contained in the Bid Proposal and related documents herein approved and accepted.
4
?5 32x10
e
j Y
SECTION IV, That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
ICON V_, That this ordinance shall become effective Immediately upon its passage and
approval
PASSED AND APPROVED this day of , 1498.
JACK MILLER, MAYOR
i
ATTEST-
JENNIFER WALTERS, CITY SECRETARY
BY.
_
APPROVED AS TO LEGAL FORM;
HERDERT L. PROUTY, CITY ATTORNEY
BY.
2116 SUPPLY ORDINANCE.
I r
r
5
P~
. w'
e
.
i
Agenda No,
Agenda Item
AGENDA INFORMATION SHEET Date "
i
AGENDA DATE: February 17,1998
DEPARTMENT: Finance • Purchasing
ACNI: Kathy DuBose, 349.8228
SUBJECT
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF TWO 69 KV OUTDOOR CIRCUIT
BREAKERS; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND
PROVIDING FOR AN EFFECTIVE DATE. (BID p 2159 - 69 KV CIRCUIT
BREAKERS FOR $65,600,00,),
I
QArKCRO_UND_
Attachment 41 - Tabulation Sheet
ESTINIAJED SCHEDULE, OF PROJECT
16.20 i%ceks after receipt of order
PRIOR A T1ON1 EVIEW (Council. Boards. Commissfonsl
Public Utility Board recommended approval on January 21, 1998
FISCAL INFOR TION
These rircuit breakers will be purchased with 1991.98 budget funds set aside for Capital
Improvement Project Triplex Locust Street Substation.
CIP # 98.1032.02 • Account # 611.080-RR87-CL53.9217-CLS3I01 A.
J
i
21;x 3 2x~~
Y~
r r
n
1 '
I
1
I
AGENDA INFORMATION SHEET
FEBRUARY 17, 1998 f
PAGE 2OF
e
BID INFORMATION
We are recommending av,lard to the lowest bidder, GEC Alsthom, at the price of
532,800,00 each. Total award Is 563,600.00 with delivery In 16-20 weeks. These
breakers are part of the third expansion of the Locust Street Substation. This acquisition
will give us the capacity to serve the needs of our customers. It will allow us to relieve
some load on the two existing transformers at the Locust Street Substation, which are
currently loaded to over 100%of rated capacity,
Respectfully submitted:
Name: Tom Shaw, C,PIM., 349.7100
Title Purchasing Agent '
Questions concerning this acquisition may be directed to my attenCon.
Attachment N1: Tabulation Sheet
I001.AGtNDA
,
I
r
ViA
i
! I
f o •
E
2
y, 11
?.xln 32 x
i~
Alex"" .
400000
ATTACHMENT # 1
TABULATION SHEET
BID 0 2159
BID TITLE: CIRCUIT BREAKERS 69 KV
I'fE m I -69 KV OUTDOOR CIRCUIT BREAKERS
1. GEC AL5THOM S32 800.00 EACH l6- 24 WEEKS
2. µ'ESCO S37,292.00 EACH 20 WEEKS
Award recommendation to GEC Alsthom
,1111
3 i ~y}
' J .jy~J X F i
32
ar
d
o
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF TWO 69 KV OUTDOOR CIRCUIT BREAKERS; PROVIDING FOR THE
EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. (BID # 2159 -
69 KV CIRCUIT BREAKERS FOR 565,600.00).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
M WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION 1. Thai the numbered items in the following numbered bids for materials,
equipment, supplies, or senices, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items!
BID ITEM
NUMBER IDL VENDOR AMOUNT
2159 ALL GF:C ALSTHOM $65,600.00
SECTION 11. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
i agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents,
SECTION 11L That should the City and persons submitting approved and accepted items I
and of the submitted bids wish to enter into a formal written agreement as a result of the j
acceptance, approval, rnd awarding of the bids, the City Manager or his designated representalive
is hereby auth0rited to execute the written contract which shall be attached hereto; provided that the
J~41 written contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
4
10 32x10
25
+o~1s
SECTION IV, That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION y. That this ordinance shall become effective immediately upon its passage and
approval,
PASSED AND APPROVED this day of ,1498.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
7159 SUPPLY ORDINANCE
(r'
,i
5
2,5 x ! 32x
Was 1111FAI
•
Agenda No.--~~
Agenda Its 4
AGENDA INFORMATION SHEET Oals
AGENDA DATE. February 17,1998
1
DEPARTMENT: Finance • Purchasing
A01t Kathy DuBose, 349.8228 t~
SUBJECT
AN ORDINANCE ACCEPTING C01PETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF A VIBRATING TRENCH ROLLER;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
FOR AN EFFECTIVI"s DATE. (BID q 2162 - VIBRATING TRENCH ROLLER FOR
S28,734.00).
BACKGROUND
I
i
Attachment 0 1 -Tabulation thcet
ESTIMATED SCHE DULE OF PROJECT
7 days alter receipt of order
PRIOR ACTIONIRE4'JE)Y (Council. Boards. Commisslonj)
Representatives from the Fleet Senices Division and the Water and Sewer Field Services
Division reviewed the requirements for the unit and drafted the appropriatt
specifications. They concur with the recommendation.
FISCAL INFORMATION
'the purchase of this 20" wide vibrating trench roller will be funded from 1997.98 budget
funds for capital equipment purchases account numbe• 620-031.0461.9114.
M i
1
- - -
?.5 ~ Q 32 x~d
e '
AGENDA INFORMATION SHEET
FEBRUARY 17, 1498
PAGE 2 OF 2
Bin INFORMATION
This Wacker model RT506 20" vibrating trench roller will be assigned to the Water and
Sewer Field Services Division and Is Intended for compaction of backfill materials.
We are recommending award to the single bidder, A•1 Renial, in the amount of
528,734.00.
Bid requests were sent to six qualified suppliers and to the equipment manufacturer.
Respectfully submine&
Name. Tom Shaw, C.P.M,, 344.7100
Title Purchasing Agent
Questions concerting this acquisition may be directed to my attention.
Altachment qL• Tabulation Sheet
9" AGENDA
1
fA
{ 't
i
a
i I
2
i
5x10 32XIC)
•
TABULATION SHEET
BID # 2142
A-1 FUTURE CARR
BID NAME VIBRATINO TRENCH ROLLER RENTAL EQUIP. EQUIP,
DATE 27-Jo a
t D! RI D R VENDOR -VIRDWR
1 1 EA VIBRATING TRENCH ROLLER
120134,00 NO BID NO BIO
DELIVERY AFTER RECEIPT TOORDE
DAYS 7 DAYS
MAKE WACKER
MODEL RT104
t`•
I
3 ~
- 32xIO
~5Y j
e
I
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF A VIBRATING TRENCH ROLLER; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE,
(BID # 2162 - VIBRATING TRENCH ROLLER FOR 528,734.00).
WHEREAS, the City has solicited, received and tabulaiLd competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
i
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
E ~
WHEREAS, the City Council has provided in the City Budget for the appropriation of Nnds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION t, That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NQ- VENDOR AMOUNT
2162 ALL A•1 RENTAL S28,734,00
SECTION 11. That by the acceptance and approval of the above numbered items of the
` submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents,
SECTION 111. That should the City and persons submitting approved and accepted items
and of the submitted bids wish to enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the bids, the City Manager or his designated representative
is hereby authorized to execute the written contract which shall be attached hereto; provided that the 0
%A Hurt contract is in accordance wish the terms, conditions, specifications. standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
4
r ~
25 x 10 3 2 X ❑
i
SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SE Tlc OX v. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of .1998.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
IIERBERT L. PROUTY, CITY ATTORNEY
BY:
2162 SUPPLY ORDINANCE.
r f 3
.
i
i'
I
5
10 32XIO
i
Apenda No.
Agenda Its ~ Oafs - -
AGENDA INFORMATION SHEET
AGENDA DATE: February 17,1998
DEPARTMENTS Finance - Purchasing '
ACM: Kathy DuBose, 349.8228
SUBJECT
AN ORDINANCE APPROVING A CONTRACT AND PROVIDING FOR THE
EXPENDITURE OF FUNDS FOR THE ANNUAL SUPPLY OF TIRES AND TUBES
BID BY THE STATE PURCHASINO GENERAL SERVICES COMMISSION AND
PROVIDING FOR AN EFFECTIVE DATE. (PURCHASE ORDER 4 83108 - TAS OF
DENTON FOR $70,000.00).
BACKGROUND
The General Services Commission extends all contracts for State of Texas supplies or
services to all political subdivisions of the State. This gives us access to the tire and tube
bid as awarded by the State ofTexas, and administered by TAS of Denton,
ESTIMATED SCHEDULE OF PROJECT
January 1, 1998 through December 31, 1999
PRIOR ACTIONIREVIE"' (Council. Boards, Coramholansl
This contract was bid and awarded by the State of Texas General Services Commission.
1(P(^.`ydy
i 1 I •
FISCAL INFORSW10
Tires and tubes purchased on this contract will be acquired through Fleet Services
working capital inventory account q 730-025-0583-8702.
y
i
25 x O 32 X I d
i
I
AGENDA INFORMATION SHEET
FEBRUARY 179 1998
PAGE 2 OF 2
PURCHASE ORDER (INFORMATION
This purchase order is for the estimated amount of purchase for tires and tubes for the
year. Tires will be picked up or delivered by TAS of Denton, based upon State of Texas
Gcnerat Services Commission contract prices,
Respectfully submitted:
Name: Tom Shuw, C.P.hi„ 349.7100
Title, Purchasing Agent
1
Questions concerning this acquisition may be directed to my attention.
Attachment #1 t Purchase Order 9 83108 - TAS of Denton for $70,000.00
914 M&NDA
A~
f
2
25 X~~ 32XI(I
»rleKr
I'UtLIIASIL UIIULII NU: 11,11011 11115 6 A xxx
its Ixurdvor nlu:l rllpea on d1 CILINIMMING [WIDER
Invoices, doliveis %hps, cues, OF MARKED)
con„ boxes, packing slps end bills. CIO NOT DUPLICATE -
Rea Na Did Na OSC Dole 02 02 98 Pepe No. 01 TEAS
PLfKNASINO DIVISION 1 9001 11 WAS SONS I DEEN`ONN. 1EXA9 75201-4354
9401349.1100 DOW MBIRO Bt11251.0042 FAX 9401349-7302
VENDOR TAB OF DENTON
NAME/ 521 W UNIVERSITY DELIVERY CONFIRMATION ONLY C14
ADORESS ADDRESS FLEET SERVICES
DENTON TX 76201 004 TEXAS n
DENTON, TX 76201
TROY
VENDOR NO. TA849000 DELIVERY OUOTED 02 20 98 F00 DESTINATION BUYER TS TERMS
001 10000.00 1117 VENDOR CAT. I N / A NFO MARC 1.000 70,000.UU
CITY 106325
TIRES Is TUBES AS NEEDED
~t11 e
.
r
y
P 0E TOTAL 1 100000.(Itl
OR ND TOTAL ! 10,000.00
91 730 025 0503 8702 700000.00
1 tol • Net 30 Owl's .f.H"1., y..f.,1
f 1. 51dFpM! MltrecllMt I0.1. OHIIMIefI Ne►1N OwU,enah, ywArq
1. S11 iN NNInlI lisi f'.M diellu" .
L IIN so Attwnl! Masa1G1 I I. NO Meral w Palo Wei us IIa11 be WOW a np v non
Klene Ic ! M Mlees billet
Dte+sa tK 141+•4f19
25 10 320a
o
o '
' i
ORDINANCE NO.
AN ORDINANCE APPROVING A CONTRACT AND PROVIDING FOR THE EXPENDITURE
OF FUNDS FOR THE ANNUAL SUPPLY OF TIRES AND TUBES BID BY THE STATE
PURCHASING GENERAL SERVICES COMMISSION AND PROVIDING FOR AN EFFECTIVE
DATE. (PURCHASE ORDER # 83108 - TAS OF DENTON FOR $70,000.00).
WHEREAS, pursuant to Resolution 92.019, the State Purchasing General Services
Commission has solicited, received and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies or services in accordance with the procedures of state law on behalf {
of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies or services can be purchased by the City
through the General Services Commission programs at less cost than the City would expend if
bidding these items individually; prtd
WHEREAS, the City Council has prodded In the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NONNI, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECIjQN 1, That the numbered items in the following numbered purchase order for
materials, equipment, supplies, or services, shown in the "Purchase Orders" attached hereto, are
hereby accepted and approved as being the lowest responsible bids for such items;
PURCHASE
y ORDER VENDOR AMOUNT
83108 TAS OF DENTON $70,000.00
SECTION ll. That by the acceptance and approval of the above numbered items set forth
in the attached purchase orders, the City accepts the offer orthe persons submitting the bids to the
General Sc ices Commission for such items and agrees to purchase the materials, equipment,
supplies or sen ices in accordance with the terms. conditions, specifications, standards, quantitles
and for the specified sums contained in the bid documents and related documents Cited with the
General Sen ices Commission, and the purchase orders issued by the City.
4
a 10 32XIO
•
AGENDA INFORMATION SHEET
,
FEBRUARY I'$', 1"S
PAGE 2 OF 2
SECTION M. That should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the General Services Commission, the City Manager or his
designated representative is hereby authorized to execute the written contract which shall be attached
hereto; provided that the written contract Is in accordance with the terns, conditions, specifications
and standards contained in the Proposal submitted to the Oeneral Services Commission, quantities
and specified sums contained in the City's purchase orders, and related documents herein approved
and accepted:
SECTION IV, That by the acceptance and approval of the above numbered items set forth
in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor
in the amount and In accordance +yith the approved purchase orders or pursuant to a written contract
made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective Immediately upon its passage and
approval
PASSED AND APPROVED this day of , 1998,
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
i
r APPROVE D AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY •
'aM BY:
STATE ORDINANCE
. ?5 k 32X~~~
o
I
Agrnda No.
Aginda Item
DateM -
AGENDA INFORMATION SHEET
AGENDA DATE: Februaryi7, 1498
DEPARTMENTS Finance. Purchasing
ACMs Kathy DuBose, 349-8228
-SUBJECT
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS FOR
CONSTRUCTION OF THE CIVIC CENTER PEDESTRIAN BRIDGE PROJECT IN
THE AMOUNT OF $103,472.00; PROVIDING FOR EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE, (BID # 2161 - CIVIC
CENTER PEDESTRIAN BRIDGE PROJECT FOR $103,472.00),
BACKGROUND
Attachment 01 - Tabulation Sheet
ESTIMAI'm cC1tt''nuLE OF P11.OJECT
The contractor agrees to have the ptojecl complete no later than April 23, 1998.
PRIG ACTION! " :N' Wounell. Boards, CQMMhilonj
The Park Board and the Civic Center Master Plan Review Committee have been kept
abreast orthis project as it has developed,
FISCAL INFORMATION
This bridge construction project was projected to cost 5100,000.00. The lowest bid was
slightly over the projected cost in the amount of 5103,472.00. The cost of design was
$9,018.00 leaving a fund balance of $90,952.00 In account q 458-031-PARK-9728.9103
and a contingency fund requirement of 512,520.00. Total bridge design and construction
equals St 12,520.00, •
I
1 I
i
' ~ ra~10 32xIL1
tD
I
i
I
I ~
AGENDA INFORMATION SHEET
FEBRUARY 17, 1996
PAGE 2 OF 2 `
RID INFORMATION
This bid is for the construction of a pedestrian bridge in the Civic Center Park between
the Civic Center Building and Emily Fowler Public Library. The bridge will have a
wooden floor, be approximately 10' wide and span approximately 80 feet. Included in
the project is removal and replacement of the approach sidewalks and some of the utility
lines.
We are recommending award to the lowest bidder, DBR Construction, in the amount of
$103,472,00, This is the total of the base bid at $106,712.00 less the deduct alternate M2,
elimination of eight (B) light Iixtures on the bridge columns, in the amount of $3,240,00
I
Respectfully submitied
Name; Tom Shaw, C P.M„ 349.7100
Title Purchasing Agent
Questions concerning this project maybe directed to Ed Hodney, Director of Parka and
Recreation 349.8271.
Attachment #I: Tabulation Sheet
IM4 MINDA
2
- 25X CJ 32x113
r~
01
I
TABULATION SHEET
ATTACMEW #I
i
BID 0 !1H t
BID NAME oft Calmot MDEITNM 1 ARCHnCTURAI. 1!M
BRIM PR"CT r'' U19L MS BOWMAN
INC. COME
DATE
r
4 OW CINTIR M NITR1AN I
low" FMICT lk, t1 11119,00.00 111000.00
#ll
ALTUNATI H d, DIoua DIOUCT
Pa Donaltlen A INmevlbl of y, "".00 14,100.00
'fw
ALTlPAAM 11 ~ CKOUCT DIDUCT
lllmrm>tdn/ I IP"Od Ilph! f
ROM t , 6Q o I3:,00
ALTIRNATII I 1 k V'l Romm My L
ane bem under ADD ADD
exlbUnl brrdll Ind rehicos !100,00 u @r n#w hddas Dom Old r Ahomato 09 11,061,1061". 1100,000.00 111111.31too
ADDINDUM w K~:'I Y1/ Val
/ID BOND Y1/ Yl1
j
a
32
' I
0
OVA"
ORDINANCE NO. _
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF
TEE CIVIC CENTER PEDESTRIAN BRIDGE PROJECT IN THE AMOUNT OF $103,472,00;
PROVIDING FOR EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE, (BID 0 2161- CIVIC CENTER PEDESTRIAN BRIDGE PROJECT FOR
$103,472.00).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public worts or Improvements in accordance with the procedures of STATE law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public worts or
Improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1, That the following competitive bids for the construction of puGaic works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUN$gg CONTRACTOR AMO
2161 DBR CONSTRUCTION $103,472,00
• SECTION 11. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the parson submitting the bid for construction of such
public works or Improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidden including the timely execution of a written
contract and krnishing of performance and payment bonds, and tnsurance aertificste afar
notification of the award of the bid,
W
4
32 X I O
a
in
SECTION M. That the City Manager Is hereby authorized to execute 0 necessary written
contracts for the performance of the construction of the public works or improvements In Wcordanee
with the bids accepted and approved herein, provided that such contracts are made In accordance
with the Notice to Bidden and Bid Proposals, and documents relating thereto specifM8 the tam,
conditions, plans and speeiReadons, standards, quantities and specified sums contained therein.
SECTION IV. That upon acceptwa and approval of the above competitive bids and the
execution of contracts for the public works and Improvements as authorized htreln, the City Council
hereby authorizes the expenditure of Ands In the mannet and in the amount as specified in such
approved bide and authorized contracts executed pursuant thereto,
SECTION V. That this ordinance shall become effective Immediately upon its passage and
approval.
PASSED AND APPROVED this the day of _ .1998
JACK MMLER, MAYOR
i
ATTEST: {
JENNIFER WALTERS, CITY SECRETARY
APIROVED AS TO LEGAL FORM;
HERBERT L. PROUTY, CITY ATTORNEY
BY;
f 216LCON?NACTOWNANC6 •
I
25 ~ 32X I O
s
0
Agenda No. , .
Agenda Item
Dale r
AGENDA INFORMATION SHEET
AGENDA DATE- February 11, 1998
DEPARTMENT: Finance- Purchasing
ACMi Kathy DuBose, 349.8228
S 1B FC'T
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR
CONSTRUCTION OF EVERS PARK T-BALL FIELD LIGHTING TO TRICO
ELECTRIC, INC. IN THE AMOUNT OF $69,000.00; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE, (BID N 2168 EVERS PARK T-BALL FIELD LIGHTING PROTECT FOR
$69,000,00).
BACKGROUND
Attachment 01 -Tabulation Sheet
rsTIMAT rD S H ?RULE OF PROJECT
a
The contractors bid indicated April 29, 1998 as completion date or 70 days after receipt
or purchase order,
PRIOR ACTIONIREVI Wicouncll Board Cor~miselona}
None
FISCAL INFORMATION
Funding for this project Is available in the 1991.98 budget CIP account number 452.031•
PARK-9731.9228 for park Improvements.
Ile
1
.~5 K 1a 32XI❑
0
t
' AGENDA INFORMATION SHEET
FEBRUARY 17,1998
PAGE 2 OF 2 "
I
BID INFORMATION
This bid is for the construction of T•Ball field lighting in Even Park. The project
consists of construction and installation of electrical switchgear, wiring, galvanized metal
poles and lighting with 1300 watt metal halide lamps/fixtures with Stare control.
We are recommending award to the lowest bidder, Tdco Electric, Inc., in the amount of
569,000.00.
Respectfully submitted:
Name, Tom Shaw, C.P.M., 349.7100
Title: Purchasing Agent
Questions concerning this project maybe directed to Bob Tickner, Parks and Recreation
349$273.
Attachment f11: Tabulation Sheet
1001. AULNDA
i
1
2
25 x 32XIO
0
TABULATION SHEET
slop
CBS COIN WALORUM
310 NAME BVSRS / ARK TaALL FOLDS ' WCHAMM LACTNIC UONTINO A
UGWMA PMICT LIONS
OATS
I Bug AR In .000,00 02 01400 N4100
810 BOND "a NO "I
V..W,
i '
LLLL
i
r ;
? X ❑ 32XIO
•
0
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF
EVERS PARK T-BALL FIELD LIGHTING TO TRICO ELECTRIC, INC. IN THE AMOUNT OF
$69,000.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (BID 0 2168 - EVERS PARK T•BALL FIELD
LIGHTING PROJECT FOR $69,0M.00),
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements In accordance with the procedures of STATE law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION , That the following competitive bids for the construction of public works or
improvements, as described In the "Bid Invitatiuns", "Bid Proposals" or plans and specifications on
file in the Office of the City s Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NILIM13Fg CONTRACTOR Amo
2168 TRICO ELECTRIC, INC, $ 69,000.00
• SECTION 11. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements spxified in the Notice to Bidders Including the timely execution of it written
contract and furnishing or performance and payment bonds, and insurance certificate after
notification of the award of the bid.
a
3?~'
•
I
SECTION M. That the City ASanrger Is hereby authorized to execute all necessary written 1
contracts for the performance of the construction of the public worts or Improvements In accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance `
with the Notice to Bidders and Bid Proposals, and documents relating thereto specif~4ng the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION IV, That upon acceptance and approval of the above competitive bide and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of Ibnds in tha manner and in the amount as specified in such
approved bide and authorized contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effeedve Immediately upon iu passage and
approval.
PASSED AND APPROVED this the day of 1998
JACK MILLER, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
2161,CONTRACT ORDINANCE
4
25 x In 32X
,
..-too"
0
Agenda No w'
Agenda HArn p7~--
AGENDA INFORMATION SHEET Date
AGENDA DATEt February 17, 1998
UEPARTAIENTr Police
ACM: Michael W. Jez, 349.7926
S~
A resolution of the City of Denton, Texas, authorizing the submission of an application to
the Criminal Justice Division of the Office of the Governor, State of Texas, requesting
continued funding for one (1) JuvenileDomestic Violence Investigator and associated
training and supplies for a Family Services Unit; and providing an effeetive dote,
BACKGROUND:
llclieving that family violence and juvenile delinquency can bo attributed to problemk
rooted in the family, the Police Department Identified the need for a proactive, creative,
and effective comprehensive response to problems associated with families experiencing
social difficulty, These problems Include youth crime; violent, unstable, or conflict.
oriented families; and the early identification of children and adolescents at risk of
engaging in violent or illegal behavior and the prevention of such behavior,
An examination of the Department's caseload revealed that over one-third of all cases
assigned to investigaturs involved juveniles, family violence, or child abuse. These cases
were assigned to three specialized investigators. l'he overwhelming workload precluded
these detectives from spending sufficient time on a case to accurately ldcntify the root
problem and provlde the most effective response. Additionally, it was believed that
increased coordination and trucking of caws imrolvlogjuveniles and family violence
would facilitate the accurate identification of problems rather than treating symptoms.
In 1996, the City of Dcmon revcived grant funding fn)m the Criminal Justice Division in
the amount of 563,118 for one (1) investigator and ass" luted training and equipment to I
be dedicated to the Investigation of criminal offenses imolving family violence and
juveniles. 7 he Police Department utitized the grant funding to provide an investigator
that has been trainad in the Imcstigation of both juvenile offenses and domestic violence.
During the first year of the grant, this Investigator has been assigned 422 cases involving
Gamily violence, runaways, and juvenile crime and cleared "S, or 72 percent, of those
i cases. The additional stalling has asslstcd the Department in reducing the recidivism of + 0
family violence offenders by 24.8 percent and the recidivism of runaways by 22,6
percent. I
Page I
r, 41= 32XIO
.....r ..v: »,y . : x„ a . ; r
PRIOR ACTIONIREVIEWt
The City Council Authorized the submission of the original r -ant application on
May 21, 1996. The City Council authorized subritisslon of a renewal application
for the second year funding on April 15, 1991,
FISCAL ItMPACTt
This grant program provides funding over a five year period with the State contribution
decreasing by 20 percent each year. This renewal application is required to contain both
the third and fourth years of the program, with the State contribution being 60 percent and
40 percent, respectively. The total cost of the prograrn includes the Investigator's salary
and benefits, training and associated travel expenses, supplies, and direct and indirect
operating costs,
THI"&D YEAQ (September 111998 - August 31, 1999)
WME NDIIM- STATE FUNDS LOCAL MATCH TOIAL
Base Salary S21,720 $18,480 S46,200
Benefits 7,540 5,027 12,567
Trainingn'ravei 388 259 647 I41
Supplies/Direct Costs 1,476 984 2,460
Indirect Costs _ 743 - 743
Total 37,867 24,750 62,617
FOURTII YEAR (Septembcr 1,1999 - August 31, 2000)
pxpFNDITUI L ST T_A.E FUNDA LOCAL SIA101
Base Salary $19,406 $29,108 $ 48,514
r Benctits 5,227 7,839 13,061'
Indirect Costs 493 . 0 - ---49
Total 25,126 36,961 62,073
Page 2
f
ti
F
5d 32xl`
Alm
mail
Respectfully submitted,
c 610 1
AssM ager/Operations
Prepared by,
i
L ming
onnr i~ eFl
Lieutenant
Family Services Unit
i
Page 3
I
X 32x~
ti
~:ate
p ,
i
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION Of THE
OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING CONTINUED
FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE INVESTIGATOR AND
ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY SERVICES UNIT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton is eligible to receive funds from the Criminal Justice
Division of the Office of the Governor, state of Texas, and desires to increase the effectiveness
of the Denton Police Department's efforts to resolve problems associated with juvenile crime
and family violence-, and
WHEREAS, in order to receive such funds, it is necessary for the Council of the City of
Denton to authorize the submission of an application to the Criminal Justice Division of the
Office of the Governor, State of Texas, requesting continued funding for one (1)
juvenile/domestic violence investigator and associated training and supplies to be dedicated to
the investigation of criminal offenses involving juveniles and family violence; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I: That the city of Denton, Texas, certifies that it is eligible to continue to
receive a funding allocation from the Criminal Justice Division of the Office of the Governor,
State of Texas, for one (1) investigator to be used in the investigation of criminal offenses
involving juveniles and family violence and associated training and supplies;
SECTION I1: That the City Council authorizes and directs the City Manager, or his
designee, to represent and act on behalf of the City of Denton in applying for and working with
the Criminal Justice Division of the Office of the Governor, State of Texas, in Tcgprd to such
~ ' grant application.
•
SECT[ON II1: That the Chief of Police shall forward a copy of this resolution to the
Criminal Justice Division of the Office of the Govcmor, State of Texas.
SECTION IV: That this resolution shall become effective immediately upon its passage
and approval
PASSED Al ID APPROVED this the day of , 1999 0 •
JACK MILLER, MAYOR
Page 4
- 25 k 32X113
4
•
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Y'
,j
' I
f.
F vluKQdapPlaL Uur buoum"-.m*l A"0Vioknu ImmiSm r WvtW doe
Page S
25 x eo 32xl❑
t
i
F
i
cac711EtM
i
O
i
s4J114Nr6
i
Agenda No Agenda Item
Date
AGENDA INFORMATION SHEET
AGENDA DATE: February 17, 1997
DEPARTMENT: Planning and Development
CM/DCM/ACM: Rick Svehla, 149.7715
SUBJECT
Approval of an ordinance of the City Council of the City of Denton, Texas approving the
first amendment to that agreement between the City of Denton and the Denton
Affordable Housing Corporations authorizing the City Manager to execute the first
amendment and to expend funds with respect to the first amendment; and providing for
an effective date.
U.ACKGROVND
Additional funding for housing activities administered by the Denton Affordable Housing
Corporation was approved in the 1997 Action Plan for flowing and Community
Development. Iles ordinance amends the current agreement, describing activities and
funding awarded in the 1996 Action Plan. to include S 22,450 in 1997 operating and
$82,832 in 1997 Affordable Housing Opportunity Program funding.
Other revisions included in the amendment are:
• An increase in the contract term to provide for extended monitoring of HOME-
assisted projects/units,
• Attachment of revised work statement, budget and activity schedule,
• Statement that project delivery expenses are not to exceed 10% of total project cost.
• Statement that upon dissolution of the corporation, remaining funds must be returned
to the City.
Revisions to Section VII describing use of 110ME-program income and proceeds.
MUNIATFD SCHEDULE OF PROJEC
1 See page 10, Attachment "C", Schedule of Contract Activities.
PRIOR ACTIONIEVIEW (Council. Boards. Commissions}
The Community Development Advisory Committee recommended approval of the
housing activities included in the 1227 Action Plan on February 15, 1997, City Council
approved the 1991 Action Plan on June 3, 1997.
FISCAL NFORAIATION
The additional $105,282 in funding that will be provided to the DAHC upon approval of
this amendment is 1997 HOME program funding. See the following than for funding 0
details.
Page 1
?r) x 10 32XIO
X ~ 0
e
• a
I
$ 20,000 $22,450 $42,450.00
$45,500 $0 '545,500.00
$23,350 $82,832 •$106,182.00
590,846.00 $107,279.00 $194,132.00
*Section Ill. of the amendmert states that the City shall provide an additional amount not
to exceed $151,682 in ("Projea Funds'), "Project funds" include Affordable ]-lousing
Opportunity and Mockingbird Lane housing funding.
BID INPORMATlOIY
NIA
ME
NIA
Respectfully submined:
r
ve Hdl
Director of Planning and Development
Prepared by:
r~ 7
Barbara Ross
0 Community Development Administrator
Attachments:
Exhibit A Ordinance, pages 3.4
Exhibit B - Amendment, pages 5.10
Exhibit C • 1996 Contract, pages 11.27
Exhibit D - Description of DA11C programs, 1997 Action Plat,, page 28 • .
Page 2
?.5 K I❑ 32x
.a
. o
paw"
ORDINANCE NO. _
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AP-
PROVING THE FIRST AMENDMENT TO THAT AGREEMENT BETWEEN THE CITY OF
DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION; AUTHORIZ-
ING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT AND TO EXPEND
FUNDS WITH RESPECT TO THE FIRST AMENDMENT; AND PROVIDING FOR AN EF-
FECTIVE DATE,
WHEREAS, on December 17,1996, the City Council entered into an Agreement with the
Denton Affordable Housing Corporation to provide certain services for the provision of afford-
able housing under the National Affordable Housing Act of 1990, as amended by the Housing
Community Development Act of 1992, which Agreement was authorized by Ordinance No. 96-
295; and
WHEREAS, the City Council, by approving the 1997 Community Development Action
Plan, has authorized additional funding for ongoing activities of the Denton Affordable Housing
Corporation and the scope of work for the Denton Affordable Housing Corporation has in-
creased; and
WHEREAS, the City Council deems it in the public interest to amend the Ageement
with the Denton Affordable Housing Corporation to provide for such additional funding to be
provided from funds made available by the U.S. Department of Housing and Urban Develop-
ment under the National Affordable Housing Act and to provide other changes as set forth in the
First Amendment to the Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council hereby approves the First Amendment to the Agrees
ment between the City of Denton and the Denton Affordable Housing Corporation, executed De-
cember 17, 1996, substantially in the form of the attached Exhibit "A" which is incorporated
herein for all purposes, and further authorizes the City Manager to execute said First Amend-
ment,
.TION 11_. that the City Council authorizes the expenditure of funds for operating
costs and project funding rot the Denton Affordable Housing Corporation, Included in the First
Amendment as an attached Exhibit "B", which includes additional funding in an amount of $103,
282.
51=CIION III. That this ordinance shall become effective immediately upon its passage i
and approval • i~
i
Page 3
i
25 x 32X
PASSED AND APPROVED this tte _day of . 1998.
r
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY;
APPROVED AS TO LEGAL FORM:
HERBERT L. PROM, CITY ATTORNEY
-
BY:
~1M Y
rM-LOL=voL P1A.degnld.ai Exa~raMw.ac.nn A.e.nauaiDlu txw An+drni ddnrr be
Page 4
- 7R5 x to 32x~C
• o
1
a<
FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF DENTON AND THE
DENTON AFFORDABLE HOUSING CORPORATION
This First Amendment to that certain Agreement between the City of Denton (hereinafter
referred to as "Denton) and the Denton Affordable Housing Corporation (hereinafter referred to
as "Contractor'), this Agreement hereinafter referred to as "Base Agreement."
WHEREAS, by Ordinance No. 96-295, Denton authorized its City Manager to execute an
Agreement with the Contractor to provide administration, rehabilitation, acquisition, new con-
struction, and tenant based rental development and public service programs to promote afford-
able housing within City of Denton in return for Denton providing an amount not to exceed
$20,000 to assist the Contractor in the operation of the Denton Affordable Housing Corporation,
and an additional $68,850 (project funds) for specific housing projects described in the Work
Statement, Attachment A, attached to the Base Agreement; and
WHEREAS, the City Council has approved additional funding for the Contractor in ac-
cordance with their approval of the 1997 Community Development Action Plan, and adequate
funding has been obtained from the U.S. Department of Housing and Urban Development;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to
the mutual obligations and to the performance and accomplishment of the conditions hereinafter
described.
1.
That Section 1. "Term" of the Base Agreement is hereby amended to read as follows:
This Agreement shall commence on or as of September 1, 1996, and shall terminate on
August 31, 2018, unless adjusted by the City. Request for such an adjustment must be in
wriling and is to be submitted to the Community Development Office.
r"
r ' I1.
That Section It. Responsibilities of the Base Agreement is hereby amended by attaching
the amended Attachments "A", "B", and "C" and by amending subsections A and C to read as
follows:
A. Contractor hereby accepts the responsibility for the performance of all scrv-
• ices and activities described in the amended Work Statement attached hereto as Attach- • •
mcnt "A" and incorporated herein as if set forth at length, in accordance with the
yf amended Program Budget attached hereto as Attachment "B" end the amended Schedule
of Contract Activities attached hereto as Attachment "C" and incorporated herein as if set
forth at length, In a satisfactory and efficient manner as determined by City, in accor-
dance with the terms herein,
Page 5
A
7_5,x. 0 32 y~a
•
0
4
• i
C. Contractor agrees that all individual projects under the Single Family Disposi-
tion Program described in the amended Attachment "A" to be assisted with HOME funds
will have approval from the City. Contractor also agrees that prior to the expenditure of
HOME funds on the Mockingbird Lane Project, also described in the amended Attach-
ment "A", Contractor will provide City with a project pro forma indicating all sources
and uses of funds for the Project. Contractor must also provide City with documentation
of site and right-of-way control.
III.
That subsection A. of Section 111. City's and Contractor's Obligations of the Base
Agreement is hereby amended to read as follows-
A. City, in accordance with 24 CFR 91.208, Eligible CHDO Operating Expenses,
shall provide funds in the amount of $42,450 or less to assist the Contractor in the opera-
tion of the Denton Affordable Housing Corporation. City shall provide an additional
amount not to exceed $151,682 ("Project Funds) for specific housing projects and pro-
grams as described in the Work Statement, Attachment "A". Provided, however, that the
Contractor shall make sure that its project delivery expenses shall not exceed 10% of the
total project cost as determined by the City.
IV.
That Section 111. City's and Contractor's Obligations of the Base Agreement is hereby
amended by adding an additional subsection F, which shall read as follows:
F. That upon dissolution of the Contractor, any remaining funds derived from the
expenditure of the City's funds, hereinafter sometimes described as the City's HOME
funds or HOME-funded projects, must be immediately returned to the City.
V.
' That Section VII, Program Income of the Base Agreement is hereby amended to read as
r follows;
HOME program Income is defined as all fees and interest payments on HOME-assisted
units/projects and any interest income on deposited HOME funds collected by the Con.
tractor. Program Income may be retained by the Contractor to be used for HOME-
eligible activities and in accordarr: vith the HOME program regulations. Provided,
however, that any interest on d••,w eitod HOME funds must be remitted to the City on a •
quarterly basis.
}COME program proceeds are defined as income from the sale of HOME-assisted hous-
4111
ing. Proceeds may be retained by the Contractor for use on other HOME-eligible prof.
ects In the City of Denton.
Page g
25X10 32X10
,ate
Any income generated from the use of HOME funds, proceeds, or any income generated
through subsequent w. of these funds shall continue to be used by the Contractor for '
HOME-eligible projects/prcgrams in the City of Denton. Approval for use of the funds
on projects or programs other than those identified in this Agreement must be approved
in writing by the City. Any income retained and used by the Contractor must be avail-
able to the City as a matching contribution for the HOME program. Upon request, Con-
tractor will approve appropriate certifications stating funding is available as a HOME
program match to the City.
Vt.
That save and except as amended hereby, the remaining sections, sub«~tions, sentences,
and clauses of the Base Agreement dated December 17, 1996 shall rernaN in full force and ef•
feet,
IN WITNESS of which this First Amendment has been executed on this the day
of , 1998 by the duty authorized officials of the City and the Contractor.
CITY OF DENTON
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROOUTTY, CITY ATTO Y
r` at BY:
DENTON AFFORDABLE HOUSING
CORPORATION
BOARD PRESIDENT
ATTEST-
N
SECRETARY
n[11 LOLIVOL r.AW41d OL*w Ncw"Y.Caam KA %v,4WM AL,I A"&wk
Page i
ATTACHMENT "A"
WORK STATEMENT
Denton Affordable Housing C crr)tation
The Denton Affordable Housing Corporation (DAHC) was developed to increase the supply of
affordable housing in the Denton area. The organization is designed to carry out the following
activities but is not limited to these: administration, rehabilitation, acquisition, new construction,
tenant-based rental developments and public service programs.
Expenditure of City funds for housing projects is limited to projects within the city limits of
Denton. DAHC's projects and programs will primarily benefit low and moderate income
hour eholds. Low and moderate Income is defined as households below 801/c of the area median
income.
Funding of $ 106,182 is being provided for DAHC's Affordable Flomeownershi,R Opooitualty
Program (AHOP). This will be used to assist in the acquisition and rehabilitation of single
family homes in existing Denton neighborhoods. After rehabilitation, the homes will be sold to
first-time homebuyers with low and moderate incomes. Funds may also be used by DAHC to
pay for down payment and closing cost assistance on the purchase of these homes.
1he Mockingbird Lane Project involves the development of 15 to 25 single family housing f
units on property donated to and acquired by the Denton Affordable Housing Corporation. The
project includes acquisition of property adjacent to the donated site off Mockingbird Lane,
project planning, site development, construction and sale of the single family units. HOME
funding of $45,500 will be provided to the project,
i
0
I~
J~'
Page 8
25,x~ 32X 11
1
r
ATTACHMENT "B"
PROGRAM BUDGET
Operating Expenses S42,450
Including salaries, rent, utilities, telephone, supplies, postage and other
eligible operating expenses.
Affordable Homeownership Opportunity Program $106,182
Mockingbird Lane Project t
Project delivery expenses (personnel, supplies, telephone, tic). S 6,500
Constriction Costs (infrastructure and housing units) $ 39,000
1 ~
Page 9
- 7.5x 32X0
s
a.rs.
0
I
ATTACHMENT "C"
SCHEDULE OF CONTRACT ACTIVITIES
MOCKINGBIRD LANE HOUSING CONSTRUCTION
Actlvlty 10!0187- 01101198• 04101198• 07101198• 09101198• 1 110119 8-
02128108 03130188 08130198 08131198 10131198 12131198
PienningfEngineerinq Phase'
Contractor Selection
Infrastructure Installation'
Residential Construdion Begins _
50% Completion
coneVvEGn ap•Up
MarkelingBales
Sales Complete
1$45,5W 1n'96 HOME funds Y ,
used for these sctiv"Ies
AFFORDABLE HOUSING OPPORTUNITIES PROGRAM
Activity Projects 10101197• 110148- 04101190- 07101198- TOM
` completed 12131197 0313198 08130198 08130188
_ before 0191
_
!K Prior year sect 123,35 350 233-%
,
ulaition 55,000 - 5
RshaDIlRalion 5
Pro ed•retated eM nees 5 708 5,708 S 708 f5 708 22 2
TO A L $23,350 1 $5,709 8 708 708 8 70 1
0!
.10,00
U
Pd8e 10
l
32x Cl
25)(10
0
e~waox~~o"a~owuro.oro
ORDINANCE NO. C16- a -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON
AFFORDABLE HOUSING CORPORATION1 AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT AND TO EXTEND FUNDS WITH RESPECT TO THE
AGREE14ENTI AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, CITY has received funds from the U. S. Department of
Housing and Urban Development under the.National Affordable Housing
Act of 1990 as amended by the Housing and Community Development Act
of 19921 and
WHEREAS, CITY has adopted a budget for such funds and included
therein an authorized Program Budget for expenditure of funds for
operating coats and project funding for the Denton Affordable
Housing Corporation included as Attachment "B" which is attached to
and made a part of this ordinance as if written word for word
hereint NOW, THEREFORE, I
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi
SECTION 1. That the City Council hereby approves the "Agree-
ment" attached hereto, between the City of Denton and Denton
Affordable Housing Corporation, and authorizes the City Manager to
execute said agreement.
SECTION 11. That the city council authorizes the expenditure
of funds for operating costs and project funding for the Denton
Affordable Housing corporation included as Attachment "B."
SECTION 111. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this the 1= day of kQAd Aw , 1996.
r
JAC LLER, MAYOR
ATTESTt
d JENNIFER WALTERS, CITY SECRETARY
•
By
APP VED AS TO LEGAL FORMS Ile
HERBERT L. PROUTY, CITY ATTORNEY
l
BYE '~1t
25 x10 32x
"
o
i
i
AGREEMENT E1TWIRN THE CITY OF DRNTON
AND THE DENTON "FORDABLE HOUSING CORPORATION
This Agreement Between the City of Denton and the Denton
Affordable Housing Corporation ("Agreement") is made and entered
into by and between the City of Denton, a Texas municipal corpora-
tion ("CITY"), acting by and through its City Manager, pursuant to
ordinance, and the Denton Affordable Housing Corporation, Denton,
Texas a certified non-profit community housing development
corporation, ("CONTRACTOR").
WHEREAS, CITY has received funds from the U. S. Department of
Housing and Urban Development under the National Affordable Housing
Act of 1990 as amended by the Housing and Community Development Act
of 1992;
WHEREAS, CITY has adopted a budget for such funds and included
therein an authorized Program Budget for expenditure of funds for
operating costs and project funding for the Denton Affordable
Housing Corporation included as Attachment "B"; I
WHEREAS, CITY has designated the Community Development Office
as the division responsible for the administration of this Agree-
ment and all matters pertaining thereto; and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such
project;
NOW, THEREFORE, the parties hereto agree, and by the execu-
tion hereof are bound to the mutual obligations and to the per-
formance and accomplishment of the conditions hereinafter de-
scribed.
TEAM
r This Agreement shall commence on or as of September 01, 1996,
and shall terminate on August 31, 19981 unless adjusted by the
CITY, Request for such an adjustment must be in writing and is to
be submitted to the community Development office.
22.
RESPONSIBILITIES
A. CONTRACTOR hereby accepts the responsibility for the per-
formance of all services and activities, described in the Work
Statement attached hereto as Attachment "A" and incorporated herein
as if set forth at length, in accordance with the Program Budget
attached hereto as Attachment "B" and the Schedule of Contract
Activities attached hereto as Attachment "C" and incorporated
herein as if set forth at length, in a satisfactory and efficient
manner as determined by CITY, in accordance with the terms herein, 4
Page 12
. a I CJ 32 x
o
c
B. CONTRACTOR's executive director shall be CONTRACTOR'S
representative responsible for the management of all contractual
matters pertaining hereto, unless written notification to the
contrary is received from CONTRACTOR, and approved by CITY. '
C. CONTRACTOR agrees that all individual projects under the
Single Family Disposition Program described in Attachment "A" to be
assisted with HOME funds will have approval from the CITY of
Denton. CONTRACTOR also agrees that prior to expenditure of HOME
funds on the Mockingbird Lane Project, also described in Attachment
"A", CONTRACTOR will provide CITY with a project pro forma
indicating all sources and uses of funds for the project.
CONTRACTOR must also provide CITY with documentation of site and
right of way control.
D. The CITY'S Community Development Administrator will be
CITY's representative responsible for the administration of this
Agreement.
E. CONTRACTOR shall comply with HUD Office of Management and
Budget circulares A-122 and A-110, Attachments 8, F, H, paragraph
2 and Attachment 0.
F. CONTRACTOR shall be certified as a "Community Housing
Development Organization" (CHDO) with the State of Texas and the
City of Denton. CONTRACTOR shall maintain CHDO Certification for
the duration of the contract term.
G. CONTRACTOR shall not request disbursement of funds until
they are needed for payment of eligible coats, The amount of each
request will be limited to the amount needed as per 92.504
(c) (2) (vii) .
H. CONTRACTOR shall net change the Program Budget without
prior written approval from the CITY.
1. CONTRACTOR shall be responsible for performing a site
specific environmental review prior to acquisition of properties
under the Single Family Disposition Program,
~ 222.
CITY'S a CONTRACTOR'S OBLIGATIONS
A. CITY, in accordance with 24 CFR 92.208, Eligible CHDO
Operating Expenses, shall provide funds in the amount of $20,000 or
less to assist the CONTRACTOR in the operation of the Denton
Affordable Housing Corporation. CITY shall provide an additional
$680850 ("Project Funds") for specific housing projects and i
programs as described the Work Statement, Attachment "A
8. CONTRACTOR agrees to hold and save harmless the CITY, its
officers and employees from any and all loss, cost, or damage of
every kind tincluding, property damage, bodily injury or death),
nature or description arising under this Agreement:
Page 13
?~i x 32x~
•
0
C. CITY shall be responsible for performing an environmental
review to insure necessary compliances are met.
D. This Agreement and the payments made hereunder are con- "
tingent upon receipt of U.S. Department of Housing and Urban De-
velopment funds pursuant to the HOME Investment Partnership Pro-
gram, and shall terminate immediately, not withstanding the pro-
visions of Article XV hereof, should such funds be discontinued for
any reason.
E. The CONTRACTOR may not request disbursement of funds
until they are needed for payment of eligible costs. The amount of
each request by the CONTRACTOR shall be limited to the amount
needed in accordance with 24 CFR 92.504 (c)(2)(vii) and shall
involve the activities set ,forth in the "Contract Activity
Schedule" attached as Attachment C.
IV. ,
COMPLIANCE WI76 FEDERAL, STATE AND LOCAL LAWS
A. The CITY and CONTRACTOR agree to perform their duties
arising pursuant to the Agreement in compliance with the U.S.
Department of Housing and Urban Development HOME Investment
Partnership Program regulations at 24 CFR 92.
B. CONTRACTOR shall comply with the uniform administrative
requirements, as described in 24 CFR 92.505 in the HOME Investment
Partnership Program regulations, a copy of which is attached
hereto.
C. CONTRACTOR shall comply with all prescribed procedures
regarding nondiscrimination and equal opportunity, affirmative
marketing, displacement and relocation, labor relations, lead-based
paint and conflict of interest provisions described in 24 CFR 92
subpart H.
D. CONTRACTOR agrees to ensure that all HOME-assisted
housing or housing identified as match for the HOME program meets
all affordability requirements identified in 24 CPR 92,252 or
M' 92,254, CONTRACTOR further agrees to develop a deed of trust for
use with all HOME-assisted units that incorporates these require-
ments, including remedies for breach of the agreement provisions.
CONTRACTOR will provide the CITY with a copy of the deed of trust
with provisions described above for approval before the sale of any
HOME-assisted unite.
E. CONTRACTOR agrees that all HOME-assisted housing will
meet the property standards requirements and that as a certified
Community Housing Development Corporation, they will comply with 24
CFR 92.300 and 92,301.
P. CONTRACTOR agrees that as a certified community housing
development corporation (CHDO),''they will Comply with 24 CPR 92.300
and 92.301,
Page 14
?F) x 0 32XIO
ONE, ,
i
•
1
i
twrmar
0. If it is determined that the use of the funding provided
by the CITY does not meet the requirements of the U.S. Department
of Housing and Urban Development HOME Investment Partnership Pro-
gram, the CONTRACTOR shall reimburse the CITY for the costs deter-
mined to be disallowed under the U.S. Department of Housing and
Urban Development HOME Investment Partnership Program regulations.
H. CONTRACTOR shall comply with all applicable Federal laws
and regulations at 24 CFR 92 subpart H. Subpart H prescribes
procedures for compliance in the following areas= nondiscrimina-
tion and equal opportunity, affirmative marketing, displacement and
relucation, labor relations, lead-based paint and conflict of
interest.
1. CONTRACTOR agrees that: all housing assisted under this
agreement will meet the property standards requirements in 24 CPR
92.251.
J. CONTRACTOR agrees to comply with all applicable Federal
laws, laws of the State of Texas and ordinances of .he City of
Denton.
v.
REPRESENTATIONS
A. The CITY is providing funding to the CONTRACTOR in order
to promote development of affordable housing. Use of funds for
both administration and programming will meet this stated goal.
B. The CITY is the only agent authorized to designate
changes to the Program Budget or to approve specific projects and
prograns authorized pursuant to the non-administration portion of
the Program Budget.
C. CONTRACTOR assures and guarantees that it possesses the
legal authority, pursuant to any proper, appropriate and official
motion, resolution or action passed or taken, to enter into this
Agreement.
D. The person or persons signing and executing this
Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee
• that he, she, or they have been fully authorized by CONTRACTOR to
execute this Agreement on behalf of CONTRACTOR and to validly and
legally bind CONTRACTOR to all terms, performances and provisions
herein set forth.
E. CITY shall have the right, at its option, to either
temporarily suspend or permanently terminate this Agreement if
there is a dispute as to the legal authority of either CONTRACTOR • •
or the person signing the Agreement to enter into this Agreement,
CONTRACTOR is liable to CITY for any money it has received from
CITY for performance of the provisions of this Agreement if CITY
has suspended or terminated this Agreement for the reasons
enumerated in this Section.
Page 15
21) 10 32 x 10
O
F. CONTRACTOR agrees that the funds and resources provided
CONTRACTOR under the terms of this Agreement will in no way be
substituted for funds and resources from other jources, nor in any
way serve to reduce the resources, services, or other benefits `
which would have been available to, or provided through, CONTRACTOR
had this Agreement not been executed.
VI.
COVENANTS
A. ?wring the term of this Agreement, CONTRACTOR shall not,
without the prior written consent of CITY's Community Development
Administrator or his/her authorized representative, change the use
of the funding provided by the CITY.
VII.
PROGRAM INCOME
All fees and interest payments on HOME-assisted unite/projects
collected by CONTRACTOR are considered Program Income, and shall be
retained by the CONTRACTOR to be used for HOME-eligible activities
and in accordance with HOME program regulations. CONTRACTOR shall
generate and maintain fiscal records reflecting the use and
disposition of Program Income. Any interest income on deposited
HOME funds must be remitted to the City of Denton on a quarterly
basis.
VIII.
MAINTENANCE OF RECORDS
A. CONTRACTOR agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status
of the funds received pursuant to this Agreement and pursuant to
any other applicable Federal and/or state regulations establishing
standards for financial management. CONTRACTOR'F record system
shall contain sufficient documentation tc provide detailed support
and justification for each expenditure. Nothing in this Sectiot,
shal be construed to relieve CONTRACTOR of fiscal accountability
and liability under any other provision of this Agreement or any
applicable law. CONTRACTOR shall include the substance of this
provision in all subcontracts.
• I
8. CONTRACTOR agrees to retain all books, records, docu-
ments, reports, and written accounting policies and procedures
pertaining to the operation -~f programs and expenditures of funds
pursuant to this Agreement for the period of time and under the
conditions specified by CITY.
C. Nothing in the above subsections shall be construed to
relieve CONTRACTOR of responsibility for retaining accurate and i
current records which clearly reflect the level and benefit of 1
services provided pursuant to this Agreement, a
D. At any reasonable time and as often as CITY may deem
necessary, the CONTRACTOR shall make available.to CITY, or any of
page E6
- - 1 Q 32x10
its authorized representative:;, all of its records and shall permit
CITY, or any of its authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of
all contracts, invoices, materials, payrolls, records of personnel,
conditions or employment and all other data relatinq to the program
requested by said representatives.
E. The CONTRACTOR shall give the city of Denton, the U.S.
Department of Housing and Urban Development, or any of their duly
authorized representatives, access to and the right to examine all
books, accounts, records, reports, files and other papers belonging
to or in use by the CONTRACTOR pertaining to this Agreement. Such
rights to acajes shall continue as long as the records are retained
by the CONTRACTOR.
Ix:
REPORTS AND INFORMATION
A. CONTRACTOR shall provide quarterly financial and
beneficiary reports that shall contain such records, data and
information as CITY may request and deem pertinent to matters
covered by this Agreement. CONTRACTOR shall provide any additional
information as requested by the CITY within to days,
B. An audit must be conducted in accordance with 24 CFR
parts 44 and 45 as applicable. CONTRACTOR shall submit a copy of
said audit to the Community Development office within ten days of
receipt of the completed report.
X,
MONITORING AND EVALUATION f
The CITY shall conduct a performance review of CONTRACTOR on
an annual basis or as otherwise deemed necessary by the CITY to
evaluate compliance with the provisions of this Agreement as neces-
sary in the performance of its duties of program accountability.
%I.
INSURANCE
A. CONTRACTOR shall observe sound bucineas practices with
respect to providing such bonding and insurance as would provide
adequate coverage for services offered under this Agreement.
B. The premises on and in which the activities described in
Exhibit A are conducted, and the employees conducting theme
activities, shall be covered by premise liability insurance, com-
monly referred to as 'Owner/Tenant' coverage with CITY nar.ed as an
additional insured. Upon request of CONTRACTOR, CITY may, at its
sole discretion, approve alternate irsurance coverage arrangements.
C. CONTRACTOR will comply with applicable workers' compensa-
tion statutes and will obtain' employers' liability coverage where
available and other appropriate liability coverage for program
participants, if applicable.
Page 17
25 x1❑ 32 Yf
SIR
0
0
x~verw
D, CONTRACTOR will maintain adequate and continuous
liability insurance on all vehicles owned, leased or operated by
CONTRACTOR, All employees of CONTRACTOR who are required to drive
a vehicle in the normal scope and course of their employment must '
possess a valid Texas driver's license and automobile liability
insurance. Evidence of the employee's current possession of a
valid license and insurance must be maintained on a current basis
in CONTRACT'OR's files.
E. Actual losses not covered by insurance as required by
this Section are not allowable costa under this Agreement, and
remain the sole responsibility of CONTRACTOR.
F. The policy or policies of insurance shall contain a
clause which requires that CITY. and CONTRACTOR be notified in
writing of any cancellation or change in the policy at least thirty
(30) days prior to such change or cancellation.
XII.
Noun OPPORTCINM
During the performance of this Agreement, the CONTRACTOR is
subject to Executive Order 11246, as amended, and, therefore,
agrees to the following:
i
(1) The CONTRACTOR will not discriminate against any employee
or applicant for employment because of race, color,
religion, sex, national origin, or familiaV atatue. The
CONTRACTOR will take affirmative action to ensure that
applicants who are employed are treated during employment
without regard to their race, color, religion, sex,
national origin, or familial status, concerning such
employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or terminations rates
of pay or their apprenticeship. the CONTRACTOR agrees to
post in conspicuous places, available to both employees
and applicants for employment, notices to be provided by
the CITY jetting forth provisions of this nondiscrimina-
tion clause.
(2) The CONTRACTOR, in all solicitations or advertisements
for employees placed by or on behalf of the CONTRACTOR,
shall state that all qualified applicants will receive
consideration for employment without regard to race,
color, religion, sex, national origin, or familial
status.
COMICT OF INTSUIT e .
A. CONTRACTOR covenants that neither it nor any member of
its governing body presently has any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of cervices required to be performed under this Agreement, CON-
TRACTOR further covenants that in the performance-of this Agree-
Page 19
z5 x ~ 32XI❑
0
meat, no person having such interest shall be employed or appointed
as a member of its governing body.
B. CONTRACTOR further covenants that no member of its
governing body or its staff, subCONTRACTORe or employees shall
possess any interest in or use his position for a purpose that is
or gives the appearance of being motivated by desire for private
gain for himself, or others, particularly those with which he has
family, business, or other ties.
C. No officer, member, or employee of CITY and ao member of
its governing body who exercises any function or responsibilities
in the review or approval of the undertaking or carrying out of
this Agreement shall (1) participate in any decision relating to
the Agreement which affects his personal interest or the interest
in any corporation, partnership, or association in which he has
direct or indirect interests or (2) have any interest, direct or
indirect, in this Agreement or the proceeds thereof.
XIV,
POLITICAL OR BICTARIAN ACTIVITY
A. None of the performance rendered hereunder shall involve
any political activity (including, but not limited to, any activity
to further the election or defeat of any candidate for public }
office) or any activity undertaken to influence the passage, defeat
or final content of legislation.
B. None of the performance rendered hereunder shall involve
or benefit in any, manner any sectarian or religious activity.
XV,
WAAAANTIS9
CONTRACTOR represents and warrants than
A. All information, r?ports and data heretofore or hereafter
requested by CITY and furnished to CITY, are complete and accurate
as of the date shown on the information, data, or report, and,
since that date, have not undergone any significant change without J
wi:.tten notice to CITY,
B. Any supporting financial statements heretofore requested
by CITY and furnished to CITY, are complete, accurate and fairly
reflect the financial condition of CONTRACTOR on the date shown on
said report, and the results of the operation for the period
covered by the report, and that since said date, there has been no
material change, adverse or otherwise, in the financial condition
♦ of CONTRACTOR, •
C. No litigation dr legal proceedings are presently pending
or threatened against CONTRACTOR. /
V)i
D. None of the provis'ona herein contravenes or is in con-
flict with the authority under which CONTRACTOR is-doing business
Page 19
25 X.10 32XIO'
e
0
or with the provisior: of any existing indenture or agreement of
CONTRACTOR.
E. CONTRACTOR has the power to enter into this Agreement and "
accept payments hereunder, and has taken all necessary action to
authorize such acceptance under the terms and conditions of this
Agreement.
F. None of the assets of CONTRACTOR is subject to any lien
or encumbrance of any character, except for current taxes not
delinquent, except as shown in the financial statements furnished
by CONTRACTOR to CITY.
Each of these representations and warranties shall be continu-
ing and shall be deemed to have been repeated by the submission of
each request for payment.
%VI.
COVENANTS
A. During the period of time that payment may be made here-
under and so long as any payments remain unliquidated, CONTRACTOR
shall not, without the prior written consent of the Community
Development Administrator or her authorized representative:
(1) Mortgage, pledge, or otherwise encumber or suffer to
be encumbered, any of the assets of CONTRACTOR now owned or
hereafter acquired by it, or permit any pre-existing mortgag-
es, liens, or other encumbrances to remain on, or attached to,
any assets of CONTRACTOR which are allocated to the perfor-
mance of this Agreement and with respect to which CITY has
ownership hereunder.
(2) Sell, assign, pledge, transfer or otherwise dispose
of accounts receivables, notes or claims for money due or to become
due,
(3) Sell, convey, or lease all or substantial part of
its assets.
(4) Make any advance or loan to, or incur any liability
for any other firm, person, entity or corporation as guaran-
tor, surety, or accommodation endorser.
(5) Sell, donate, loan or transfer any equipment or item
of personal property purchased with funds paid to CONTRACTOR
by CITY, unless CITY authorixee such transfer.
B. Should CONTRACTOR use funds received under this Agreement •
to acquire or improve real property under CONTRACTOR's control,
/ CONTRACTOR agrees and covenantst
" (1) That the property shall be veed to meet one of the
national objectives statod in 524 CFR $70 until August 31,
2006.
Page 20
X 10 32 x~i~
IWO
e
}
I
_ f .
E
(2) That should CONTRACTOR transfer or otherwise dispose
of said property on or before August 31, 2006, CONTRACTOR
shall reimburse CITY in the amount of the fair market value of
the property less any portion of the value attributable to `
expenditures of non-CDBG funds for acquisition of, or improve-
ment to, the property.
C. CONTRACTOR agrees, upon written request by CITY, to
require its employees to attend training sessions sponsored by the
Community Development Office.
XVII.
MONITORING AND EVALUATION
A. CITY shall perform on-site monitoring of CONTRACTOR's
performance under this Agreement.
B. CONTRACTOR agrees that CITY may carry out monitoring and
evaluation activities to ensure adherence by CONTRACTOR to the work
Statement, and Program Goals and Objectives, which are attache,
hereto as Exhibit A, as well as other provisions of this Agreement.
C. CONTRACTOR agrees to cooperate fully 'with CITY in the
development, implementation and maintenance of record-keeping
systems and to provide data determined by CITY to be necessary for
CITY to effectively fulfill its monitoring and evaluation responsi-
bilities.
D. CONTRACTOR agrees to cooperate in such a way so as not to
obstruct or delay CITY in such monitoring and to designate one of
its staff to coordinate the monitoring process as requested by CITY
staff.
E. After each official monitoring visit, CITY shall provide
CONTRACTOR with 1 written report of monitoring findings.
F. CONTRAk'TC''.shall submit copies of any fijcal, management,
or audit reports by any of CONTRACTOR's funding or regulatory
bodies to CITY within five (5) working days of receipt by CONTRAC-
TOR.
Wit I.
DIRECTORS' MEETINGS
During the term of this Agreement, CONTRACTOR shall cause to
be delivered to CITY copies of all notices of meetings of its Board
of Directors, setting forth the time and place thereof. Such {
notice shall be delive •d tb"CIii in a timely manner to give
adequate notice, and shall include an agenda and a brief descrip-
tion of the matters to be discl±nsed. CONTRACTOR understands and
agrees that CITY representatives shall be afforded access to all of
the Board of Directors' meetings.
Minutes of all meetings of CONTRACTOR'e governing body shall
be available to CITY within ten (10) working days of approval.
page 21
)5 10 3 2x~d
1
:'dam
0
XIX.
NEPOTISM
CONTRACTOR shall not employ in any paid capacity any person
who is a member of the immediate family of any person who is
currently employed by CONTRACTOk, or is a member of CONTRACTOR'S
governing board. The term "member of immediate family" includesi
wife, husband, son, daughter, mother, father, brother, sister,
in-laws, aunt, uncle, nephew, niece, step-parent, step-child,
half-brother and half-sister.
XXI
SUSPENSION of FUNDING
A. Upon determination by CITY of CONTRACTOR's failure to
timely and properly perform each of the requirements, time
conditions and duties provided herein, CITY, without limiting any
rights it may otherwise have, may, at its discretion, and upon ten
(10) working days written notice to CONTRACTOR, withhold further
payments to CONTRACTOR, Such notice may be given by mail to the
Executive Officer and the Board of Directors of CONTRACTOR. The
notice shall set forth the default or failure alleged, and the
action required for cure,
H. The period of such suspension shall be of such duration
as is appropriate to accomplish corrective action, but in no event
shall it exceed thirty (30) calendar days. At the end of the
suspension period, if CITY determines the default or deficiency has
been satisfied, CONTRACTOR may be restored to full compliance
status and paid all eligible funds withheld or impounded during the
suspension period. if, however, CITY determines that CONTRACTOR
has not came into compliance, the provisions of Section XXVI. may
be effectuated.
XXI.
TERMINATION
A. The CITY shall have the right to terminate this Agree-
ment, in whole or in part, at any time whenever the CITY determines
that the CONTRACTOR has failed to comply with any term of this
Agreement. The CITY shall notify the CONTRACTOR in writing thirty
(30) days prior to the date of termination, the effective data of
such termination, and in the' case of partial termination, the
portion of the Agreement to be terminated. Property shall be sub-
ject to disposition.
B. The CITY shall have the right to terminate this Agreement 1
for convenience, in whole or in part, with the consent of CONTRAC-
TOR and when both parties agree upon the termination conditions,
including the effective date and the portion to be terminated. «
C. The CONTRACTOR shall have the right to terminate this
Agreement for convenience, in whole or in part, by written nets.-
fication to the CITY, which shall include the reason for such
termination, the effective data and the portion, to-be terminated.
Pile 22
i
ti ?5 x 32XILI
0 ,
Ow~
I
i
If, in the came of a partial termination, it is the determination
of CITY that the remaining portion of the award is not sufficient
to accomplish the project as described in the Work Statement, CITY
may require that the entire grant be terminated.
XXII.
IND!!WIFICATION
A. It is expressly understood and agreed by both parties
hereto that CITY is contracting with CONTRACTOR as an independent
CONTRACTOR and that as ouch, CONTRACTOR shall save and hold CITY,
its officers, agents and employees harmless from all liability of
any nature or kind, including costs and expenses for, or on account
of, any claims, audit exceptions, demands, suite or damages of any
character whatsoever resulting.in whole or in part iron the per.
formance or omission of any employee, agent or represet "ti.c of
CONTRACTOR,
8. CONTRACTOR agrees to provide the defense for, and to 1
indemnify and hold harmless CITY its agents, employees, or COX.
TRACTORe from any and all claims, suits, causes of action, demands,
damaged, losses, attorneys fees, exponseo, and liability arising
out of the use of these contracted funds and program administration
and implementation except to the extant caused by the willful act
or omission of CITY, its agents, employees, or CONTRACTORS.
XXIII.
NOTICE
I
For purposes of this Agreement, all official communications
and notices among the parties shall be deemed made as of the date
mailed if sent postage paid to the parties and addreas set for
below$
TO CITYt TO CONTRACTOR!
City Manager Director
City of Denton Denton Affordable Housing Corporation
215 E. McKinney St. 405 S. Elm, Suite 304
Denton, Texas 76201 Denton, Texas 76241
XXIV.
Vem
i
This Agreement shall be interpreted in accordance with the
laws of the State of Texas and venue of any litigation concerning
this Agreement shall be in a court of competent jurisdiction
sitting in Denton County, Texas.
IN i SS OF WHICH t io Agreement has been executed on this
the day of s.-m 1996,
Page 23
75 x
32xI❑
i
0
d
CITY OF DENTON
BYS i
D BENAVIDES, CITY MANAO
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I
BYS
APP D AS TO LEGAL FORMS
HERBERT L. PROUTY* CITY ATTORNEY
~ I
BYS
DENTON AFFORDABLE HOUSING
CORPORATION
BY
HOARD PRE ID NT
ATTESTS
SECRETARY '>t~wnaw~S;~awsur. e
i
i
1 -
Page 24
2~i x ~d 32x~❑
o
ATTACHMENT "A"
WORK STATEMENT
Denton Affordable Housing Corporation
The Denton Affordable Housing corporation ("DAHC") was developed to
increase the supply of affordable housing in the Denton area. The
organization is designed to carry out the following activities but
is not limited to theses administration, rehabilitation, acquisi-
tion, new construction, tenant-based rental assistance and public
service programs.
Expenditure of City funds for housing projects is limited to
projects within the city limits of Denton. DAHCIa projects and
programs will primarily benefit low and moderate income households.
Low and moderate income is defined as households below e0% of the
area median income.
The Single Family Disposition Program is part of DAHC'e Affordable
8ousiaQ opportunity Program. HOME funding in the amount of $23,350
will be used in the Program. This program entails acquisition of
foreclosed properties from the US Department of Housing & Urban
Development and/or other entities. After acquisition, if neces-
sary, the housing units are renovated and sold to NOME-eligible
households.
The Mockingbird Lane Project involves the development of 15 to 25
single family housing units on property donated and acquired by the
Denton Affordable Housing Corporation, The project includes
acquisition of property adjacent-to the donated site off Mocking-
bird Lane, project plassning, site development, construction and
sale of the single family units. HOME funding of $15,500 will be
provided to the Project,
i
{
r
o
Page 2S
2 x ICJ 32XIO
i
,
' p
si..n.
ATTACHMENT 49"
PAOOP M bt=ET
Operating mudget
Salaries, rent, utilities, telephone, supplies, postage,
and other eligible operating costa. $ 20,000
Mockingbird Lane Project
Project delivery expenses (personnel, supplies, tele-
phone,etc). $ 60500
Construction Costs (infrastructure and housing units)
$ 39,000
TOTAL $ 45$00
i
q
~N
loe
i Page 26
~„t 4 t
32 X 113
1
s
o
ATTACHMENT "C"
SCHEDULE OF CONTRACT ACTIVITIES
MOCKINGBIRD LANE HOUSING CONSTRUCTION
MIM Olrolroi Oa01ror 07rim? 104Ii47 0%110e WIM 0WN
m w b le b to ro
to 03A1ro7 069097 OPM? 1L31ror OYl1roe Oerltlel OYJtroa
1L31roe
Property Acquisition Phase
Protect Planning Phi"
Proposal Process
CONTRACTOR Selection
Start of Construction
25% Completion
60% Completion
76% Completion
C"structkm Completion
Housing Sales
Housing Sales Complete
HOMEOWNERSHIP OPPORTUNITY • SINGLE FAMILY DISPOSITION PROGRAM
The Homeownership Opportunity-Single Family Disposition Program Is an ongoing
program. Homes are purchased rehabilitated and sold to eligible homeowners. Funds
provided to DAHC under this program will be spent in a timely manner with at least 2696
of all funds spent on or before July 1, 1907 and 78% of funds spent on or before
January t, 1008. The remaining funds will be expended prior to the end of the oontracl '
farm.
Page 21
r~
2SX10 32XIII
J
0
.~aarfsma
r
U.S. Department or 1lousing and Urban Development
CPD Consolidated Plan • 1996 Action Plan
usibig or Proposed Projects
Project ID/ Project Title ir Activity Code 1 Proposed
Local Code Description Title / Ci(atlon rtmding Sources Accomplishments
4 DAIIC- OPERATING MEWS 211 CDDG S 0 1 Organizations
)TOME S 22,450
1IM41 The Dcmon Arronlable (lousingCurporation will be provided II(Af); C'111J0 IiSO S 0
frith operating erpcnscs, runds will be used to ray salarles, Operating Expenses 11011WA S 0
rent, mililics, and purchase supplies for the organization. 'I he (subject to S"'s cap) SL'11T01'ALt S 22,450
city v 0! continue to assist and to monitor DAI IC operations and PI IA funding S 0
projects as the organization expends HOMO funding. Vic Assisted Ilsg $ 0
primary objective orthe organization is to increuw ilia supply or TOTAL: S 21,450
affordable housing,
Prior Year Money: NO
Ilclpprevenlhumr}cssness? 1'LS
Ilclp the homeless? YIiS
m Ilelp those "lilt MY nr AIDS? N0
Pa CDt10 National Objeclive 01,11low , t
m Subreciplem, Non-Section 201
Localiou(s): N/A -
oe
i
i
s S DAIIC - AffordablellousingOpportunlt)Program 140 CD110 S 0 10 Housing Wits
1IOMF S 82,812 f
I IA615 The Arrordable I lousing Opportunity program Is designed to Acrp+ishion - ESO S 0
purchase and renovale modest single family homes In existing ror hehabilitailon IIOPWA S 0
Demon nelgl,borhoods. these homes are then sold to flrsi-tiute (CIIDO Sctaside) SUf1TOTALt S 81,832
homebu)ers with law and moderate Incomes 11ds program Is PIIA funding S 0
carried by the Demmn Affordable Housing Corpotalion, a Assisted Hag S 0
certired Couuriunhy Housing Nvetopntem Organizallon TOTALi $ 82,831
(CHDO) VAIIC'S misslon is to increase the supply or
affurdable housing. Prior Year Nloney: NO
Help prerenl homelessness? NO
]trip the ltaurcless? NO
Itells those "Ith I IIV or AIDS? NO
CDDO National Objective Citation:
Subrecipknl: Non•Sestion 208
Location(s): CITY WIDE
rage 1 I
t
7 xlo
1
.
ihittl~
Agenda No
Apanda Ram
AGENDA INFORMATION SHEET Date,
J
AGENDA DATEt February 17,1997
DEPARTMENTt Planning and Development
CM/DCMIACMt Rick Svehla /j-~.N
SUBJECT
An ordinance authorizing the City Manager to utilize properties located at 701 and 705
Robertson In the City's Affordable }lousing Program; authorizing City Manager to
facilitate the sale of these properties under the City's Affordable Housing Program; and {
providing an effective date.
BACKGROUND
On May 20, 1997, City Council approved the purchase of property located at the Juncture
of Hill Alley, Robertson and Morse Streets. The property was replotted as 701 and 705
Robertson Street. The property was purchased for use in the City's Affordable Housing
program.
Using Denton County Housing Finance Corporation (DCIIFQ and City of Denton
HOME funds, a single-family housing unit was constructed on each property. The units
are complete and ready for sale to eligible low and moderate-income homebuyers.
The City must provide a 25% match on portions of its HOME allocation. DCHFC funds
expended on the project are eligible as match for Federal HOME funds.
ESTIMATED SCHEDULE OF PROJECT
Staff currently has a list of eligible families interested In purchasing the property. Staff
anticipates sale of the units by late March or early April.
PRIOR ACTION/REVIEW (Council. Boards. Commission
City Council approved the 1994 Combined Statement of Community Development
. Objectives and Projected Use of Funds and the HOME Program Description on June 7,
1994, The Combined Statement Included funding and a program description for the
Affordable Housing program.
On May 20, 1997 City Council approved the purchase of 701 and 703 Robertson for use
in the Affordable Housing program.
1
?sx Q 32 x~
.Maw.
}i f. '.RV
FISCAL INFORMATION +
Staff recommends a sale price of $56,500 for 701 Robertson and $64,700 for 705
Robertson. Recommendations are based on a recent appraisal. Each figure represents the
midpoint of five comparable wilt values developed for each property.
The following chart shows the actual cost per wilt {
I
i
Land Acquisition .
,
Sidewalk Plan Purchase $ 250.00 $ 250.00
Conetmetion Costa $82,628.00 $75,031.00
Water3 Sewer Tops $ 1105000` $1,060.00'
Mowing Charges $ 50.00 $ 60.00
i
Exact amount pending final billing from LIVities.
Anding Sourcei
$60,523,32 - Denton County Housing Finance Corporation (eligible as HOME match)
$90.559.00 - City of Denton HOME Program Partnership
BID INFORMATION
NIA
SAP
N/A
Respectfully subs rated:
1 ' • 'e hill
;i Director of planning and Development
prepared by:
Barbara Ross
Community Development Administrator
2
i
25 ,r d 32X 11
aim"
a
f
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO UTILIZE PROPERTIES
LOCATED AT 701 AND 705 ROBERTSON STREET IN THE CITY'S AFFORDABLE
HOUSING PROGRAM; AUTHORIZING CITY MANAGER TO FACILITATE THE SALE
OF THESE PROPERTIES UNDER THE CITY'S AFFORDABLE HOUSING PROGRAM;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, in the 1994 Combined Statement of
Community Development Objectives and Projected Use of Funds and the Home Program
Description, approved and implemented funding for an Affordable Housing Program; and
WHEREAS, the Affordable Housing Program approved for implementation by City
Council specified the acquisition of vacant properties for the purpose of new housing
construction; and
WHEREAS, Lot 2, Block A of the Hill Street Addition, City of Denton, Denton County,
Texas ("701 Robertson") and Lot 1, Block A of the Hill Street Addition, City of Denton, Denton `
County, Texas ("105 Robertson") having been acquired by the City of Denton under Ordinance
Number 97.147 for the purpose of constructing new housing for sale under the affordable
housing development program; and
WHEREAS, the properties located at 701 Robertson and 705 Robertson, Denton, Texas
are now ready for sale under the Affordable Housing Program; and
WHEREAS, project funding, provided by the Denton County Housing Finance
Corporation can be utilized as a portion of the match required by the Federal Home program; and
WHEREAS, the City Council finds that such a public purpose would be beneficial to the
City of Denton; NOW THEREFORE,
i
THE CITY COUNCIL OF THE CITY OF DENTON IIEREBY ORDAINS:
SECTIONI. The City Manager is authorized to utilize 701 Robertson and 705
Robertson in the City's Affordable Housing Program and to convey such properties as Is
necessary without further City Council action.
SECTION It. The City Manager Is authorized to facilitate the sale of 701 Robertson and
• 705 Robertson ender the City's Affordable Housing Program as is necessary without further City i i
Council action.
SECTION Ij(. That this ordinance shall become effective immediately upon its passage
and approval,
3
25 x ❑ 32x
❑
i
WAN"
I
PASSED AND APPROVED this the day of .1998
I
JACK MILLER, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L, PROUTY, CITY ATTORNEY
i
BY:~
e
'
f.4Au~d'depnLOt'Uut dotamnw'Qdin~nte`llaheAan ih O Pft"dy 1111 ad M
g: 32XIO
•
i
Agenda No
AQends Item
Data
i
AGENDA INFORMATION SHEET
i
i
AGENDA DATE; February 11, 1998
DEPARTMENTt City Manager'$ office CMt Ted Benavides, City Manager Y
SUBJECT
Consider adoption of an ordinance ordering an election to be held in the City of Denton, Tex", on May 2,
1998, and if a runoff election is required, on May 30,1998, for the purpose of electing councilmembers to
Places S and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton, Texas;
designating voting places; appointing election officials; providing for early voting; providing for bilingual
notice of the election; ordering that an electronic voting system be used; and providing for an effective
date.
RACKGROUND
Following the requirements of the Texas Election Code, the City Council must officially call an election j
to be held on May 2,1998 for the election of Council Members to Places S and 6 and a Mayor to Place 7, 1
This election also designates election officials and the We of voting system to be used, May 30, 1998
has been designated as the date for a runoff election, if one is required. The Election Code states that a {
runoff election must be held not earlier than the 20°i nor later than the UP day after the date of the final
canvass of the main election. The 20* day after the canvassing on May S' would be May 2Se' and the
first available Saturday fifer that date would be May 30'.
EJS .ALINIr RMAT10N
j rr There is 512,000 budgeted for the May election of which approximately $6,000 will be reimbursed by the
• DISD. There are no funds set aside for a runoff election.
R spectfully submitted:
Je fer alt
Ci ecretary
I
1
x;~ 32X I O
s ,
0
P
ORDINANCE NO.
AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON,
TEXAS, ON MAY 2, 1998, AND, IF A RUNOFF ELECTION IS REQUIRED, ON MAY 30,
1998, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO PLACES S AND 6 AND
ELECTING A MAYOR TO PLACE 7 OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS; DESIGNATING VOTING PLACES; APPOINTING ELECTION OFFICIALS;
PROVIDING FOR EARLY VOTING; PROVIDINI FOR BILINGUAL NOTICE OF THE
ELECTION; ORDERING THAT AN ELECTRONI^ VOTING SYSTEM BE USED; AND
PROVIDING FOR AN EFFECTIVE DATE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That a municipal election is ordered to be held in the City of Denton, Texas, kn
Saturday, May 2, 1998, such date being a uniform election dale as defined in TEX. ELEC. CODE
§41,001, as amended (the "Code'), for the purpose of electing Councilmembers for Places S and 6
and electing a Mayor to Place 7. In the Gwent a runoff is requireJ, the runoff election shall be held
on Saturday, May 30,1998.
SECTION 1. That the polling places, which shall be open from 7:00 a.m. to 7:00 p.m, shall
be as follows:
1. Voters residing in District No, I shall vote at:
MARTIN LUTHER KING, JR. RECREATION CENTER
1300 WILSON STREET
DENTON,TEXAS
2. Voters residing in District No. 2 shall vote at:
FIRE STATION NO, 4
2110 SHERMAN DRIVE
DENTON,TEXAS
3. Voters residing in District No. 3 shall vote at:
NORTH LAKES RECREATION CENTER
2001 WEST WINDSOR DRIVE
DENTON, TEXAS
4. Voters residing in District No. 4 shall vote al: r •
DENIA PARK RECREATION CENTER
1001 PARVIN
DENTON,TEXAS
1
2
,x a 32x11
l ~
~I
i
SECTION III. That the election officials for the election and the runoff, if any, shall be as tl
follows;
1. For the Central Counting Station: George Spuller, Presiding Judge; Jeff Watson,
Manager; and Randi Smith, Tabulation Supervisor.
I
2. For District No. l : Ruby Cole, Presiding Judge and Alma Clark, Alternate Judge,
3. For District No. 2: Doris Chipman, Presiding Judge and Mary Mccay, Alternate Judge,
4, For District No. 3: Bill Williamson, Presiding Judge and Mark Pittman, Alternate
Judge,
5. For District No. 4: Nancy Duggan, Presiding Judge and R. B. Escue, Alternate Judge.
6. Jennifer Walters, City Secretary, shall conduct early voting under the Texas Election
Code.
7, George Spuller shall be Presiding Judge for the Early Ballot Board,
The presiding judge of the Central Counting Station and of each district are authorized to
appoint a suB'icient number of clerks as necessary to assist them in the election, including bilingual
assistants as required bylaw, The rate of pay for election judges and clerks shall be the maximum
amount provided for by State law.
S TIC ON A. That early voting shall be conducted for the election, and the runoff election if
necessary, by the Office of the City Secretary in the Municipal Building at 215 East McKinney
street in the city of Denton, Texas. The polls for early voting by personal appearance shall be open
between the hours of 8:110 a.m, and 5:00 p.m. Monday through Friday, commencing April 15,1998,
and ending on April 28, 1998, In addition, early voting shall be held on Saturday, April 18, 1998,
between the hours of 10:00 a.m. and 3,00 p.m., at the same location as weekday early voting,
SECTION V, That the Mayor is hereby directed to provide notice of the election, and the
runoff election if necessary, In accordance with Sections 4.002, 4.003, and 4.004 of Texas Election
Code, the notice to be printed in the Spardsh language and the English language.
SECTION VI. Thal an electronic voting system using optically scanned ballots, meeting the
requirements of Chapter 124 of the Code, shall be used for said election. Preparation of the
necessary equipment and official ballots for the election shall conform to the requirements of the
Code
SECTION V1 . That City Secretary is authorized to prepare the official ballot for the elation • M
and perform every act required by the City Charter and laws of the State of Texas for holding
elections.
pip 0 119! 25 X, 3 2
y
' p
SECTION VIII. The election officers named above shall make returns for the election in the
manner required by law. The ballots that are properly marked in conformance with the provisions
of the Texas Election Code for vchs cast both during the period of early voting ar,d on the date of
the election shall be counted In the manner required by law,
~T P_11a Substantial copies of this ordinance in both English and Spanish shall serve
as proper notice of the election and said notice shall be: (a) published at least once In a newspaper
of general circulation published within the City, not less than the thirtieth day or later than the tenth
day before the election; (b) posted, not later than the twenty-fast day before the election day, at a
public place In each election district that is in the jurisdiction of the city; (c) posted, not later than
the twenty-first day before election day, on the bulletin board used for posting notices of meetings
of the City Council of the City; and (d) posted, as may otherwise be requinsd by Tex. Elec. Code
44.003 and other applicable law,
SECTION X. That this ordinance shall become effective immediately upon its passage and
approval.
PRESENTED AND PASSED on the day of 1998, at a
regular meeting of the city Council of the City of Denton, Texas, by a vote of ayes and
nos at the regular meeting of the City Council of the City of Denton, Texas.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
x
APPROVED AS TO L130AL FORM:
IIERBERT L. PROUTY, CITY Att FY
t~
BY:
Ile
1 Mr,Rdrp'tOl d DeMwnbOrdn,Ke'MOl A4Mm wBnnA 1s
4
25 -10 32X111
mmwmwfi~ 119
•
°e~wsar
Agenda No. j/
AGENDA INFORMATION SHEET Agenda Item,
AGENDA DATE: February 17,1998 Date
DEPARTMENT: City Manager's Office
CM: Ted Benavides, City Manage
SU JU ECT
Consider adoption of an ordinance approving Amendment Number Three to an agreement between the
City of Denton and the Denton Independent School District relating to holding their elections jointly In
election districts that can be served by common polling places; and providing an effective date.
BACKGROUND
On January 17, 1989, the City of Denton and the Denton Independent School District entered Into an
agreement to hold joint elections. It was felt that such joint elections would adequately and conveniently
serve the voters of the City of Denton and facilitate an orderly conduct of such elections. Prior to that
time, the City and DISD elections, although held on the same day, were held in separate locations. In
1997 House Bill 331 allowed for the cancellation of a single member district election if each candidate
whose name was on the ballot in that district was unopposed and no proposition was on the ballot
Amendment Number Three to the agreement clarifies the procedures for holding an election and the cost
allocations if one of the two entities is able to cancel an entire election or a portion of an election. It also
corrects a minor typographical error in Section I relating to the Central Counting Station.
The DISD approved Amendment Number three at its meeting of February 10, 1998,
PRIOR ACTION/REVIEW
City Council approved the originil agreement on January 17, 1989. Amendment Number One was f
approved on March 20, 1990 to reflect the County's change in precinct designations, Amendment
Number Two, approved on April 19, 1994, also reflected a change in County precinct designations.
J. FISCAL INFORMATION
Currently the City and DISD share equally in the cost of an election. Under the terms of Amendment
• Number Three, the City would be responsible for the cost of the entire election should the DISD be able
to cancel its election as would the DISD, should the City be able to cancel its election. In the event that
the DISD or City cancelled a portion of an election, the entity still required to hold an election would
assume responsibility for that portion. 512,W0 hai been budgeted this year for the election with the
DISD reimbursing the City approximately $6,000.
Respectfully submitted;
jer4fft sI s
City tctsry
1
z5 x 10 32XID
I
i
0
r
I
+M/1111l~f
i
i
ORDINANCE NO.
AN ORDINANCE APPROVING AMENDMENT NUMBER THREE TO AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DIS-
TRICT RELATING TO HOLDINO THEIR ELECTIONS JOINTLY IN ELECTION DIS-
TRICTS THAT CAN BE SERVED BY COMMON POLLINO PLACES; AND PROVIDING
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON. TEXAS HEREBY ORDAINS;
SECTION . That the Mayor end City Secretary ere hereby authorized to execute end
attest, respectively, to Amendment Number Three to an Asreement executed on January 17,
1989 between the City of Denton and the Denton Independent School District telaft to holding
their elections jointly in election districts that can be served by common pol* plem within the
terms end conditions belnpp contained In the amendment which is attached hereto wA made a part
of this ordinance for all purposes.
SECTION 11. That this ordinance shall become effecdve immediately upon its pusele
and approval.
PASSED AND APPROVED this the day of 61998
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTEM CITY SECRETARY
0 BY;
APPROVED AS TO LEOAL FORM:
HERBERT L, PROUTY, CITY ATTORNEY
i
• BY;
`s1I
Ile,
2
21) x10 32x10
s
O
STATE OF TEXAS §
COUNTY OF DENTON §
THIRD AMENDMENT TO THE JOINT ELECTION AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON
INDEPENDENT SCHOOL DISTRICT
That that certain Joint Election Agreement between the City of Denton, Texas ("City")
and the Denton Independent School District ("District') dated the 17'" day of January, 1999, as
amended, ("Agreement") is hereby amended to read as follows;
WIIEREAS, City and Districts are local governmental entities who wish to enter Into an
interlocal agreement to hold joint elections under Chapter 791 of the Texas Local Government
Code; and
WHEREAS, both parties are able to conduct elections In accordance with the provisions
of the Texas Election Code; and
WHEREAS, the governing bodies of each parry has authorized this Interiocal agreement;
and
WHEREAS, the District is paying for the performance of these governmental sen4ces
from current revenues, and the City agrees that the amount being paid for these services fairly
compensates it for the services performed; NOW, TI lEREI'ORE,
WIINESSETH:
1.
That the last paragraph of the Agreement, as amended, under Section 11 "Ballots" Is
hereby amended to read as follows:
The City Secretary shall fumish a separate set of tally sheets and return forms for use by
• the presiding officers In the various precincts, so that the results of the election of Trus.
tees of the District shall be returned on a separate tally sheet, placed In a separate enve.
lope, sealed and so designated, and likewise, the returns made by the presiding officers of
the election for city Council of City shall be separately returned on separate tally sheets
and in separate envelopes, sealed and designated. All tally sheets and returns for the
election of Trustees for the District shall be delivered directly to the Secretary of the
r Board of Trustees of the District or other chief election official of said Distrlcl. All O
tabulations of the results of the election rot Irmsicts of the Board of Trustees of the Dis,
trlct shall be conducted by the Judge of the Central Counting Station. After completion
thereof, all such tabulations, tally sheets, and returns related to the election of the Trus-
tees of the Board of Trustees of said Diste t and said Board will assemble such tabula-
tions, and make the official canvass of the election and the final declaration of the results
thereof.
J
' o
craw.
1I. `
That the Agreement, as amended, is hereby amended by adding a new section to be enti-
tled Section VIII "Cancellation of Election," to read as follows:
Vill. CANCELLATION OF ELECTION
In accordance with TEX. ELEC. CODE J2.051.2.054, which allows a polit(eat subdM-
sion to cancel an election and to declare each unopposed candidate elected when the
authority responsible for having the official ballot prepared certifies that candidates ap-
pear unopposed on a ballot, In the event the City cancels its entire election, the District
may contract with Denton County to hold their election. In the event that the City can.
eels its election in one or more single member districts, if there are only unopposed can.
didales In that district or those districts and no propositions on the ballot, the District will
pay the total cost of the election expenses associated with holding an election in a district
where there would be no City election. In all other districts where the City Is holding an
election, the District will pay half of the election costs, as per the Agreement. If District
cancels its election, the City will pay the total cost of the election If the entire election is
cancelled by the District.
l li.
Save and except as amended hereby, the sections, paragraphs, sentences, and clauses of the
Agreement shall remain in full force and effect.
EXECUTED this day of , 1990
CITY OF DENTON, TEXAS
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
~ BY: y
4
a xd 32 x~
~ r
e~
• r
' n. is ~p r
'r iAi.T' !]r: ntt .Y~'N .ep na IFr per ,
{
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: rr
DENTON INDEPENDENT SCHOOL
DISTRICT
{
BY
Q
TITLE:
i
r1 ,
li
{
I
i ~E,V)OCS~kUfNNT ELECTION W1111 OISb
i
1
S
25 x 1a 32x11
0
n .
Agenda No.~.7 ~ _
AGENDA INFORMATION SHEET Agenda Item
Data
AGENDA DATE: February 17, 1998
DEPARTMENT: Planning Department
DCM: Rick Svehla, 349.771 So
SUBJECT
Hold a public hearing and consider an ordinance to rezone a 0.425 acre tract from the Commercial
conditioned (C(c)) zoning district to the Planned Development zoning district and approval of a
detailed plan. The subject property is located on the southeast side of Loop 288, south of Spencer
Road. (Z-97-026, Gary Williams Retail Company)
BACKGROUND
The subject tract is located with the Commercial conditioned zoning district on the existing Super
Wal-Mari tract. While the proposed use is permitted In the existing zoning district, a planned
development is required since the tract would not have the minimum required thirty (30) feet of
frontage on a public street. Section 34-5(e) of the Subdivision and Land Development Regulations
requires property to be platted prior to a sell or lease. Since the applicant proposes leasing and
developing 0.425 acres of the Wal-Mart tract, replatting the property will be necessary.
PRIOR ACTION/RLN']F-%
The Planning and Zoning Commission recommended approval (6.1, Susan Apple opposed) to rezone
the 0.425 acres from the Commercial conditioned (C(ej) zoning district to the Planned Development
1 zoning district, along with approval of a detailed plan, with the condition that lighting and signage be
A addressed prior to going before the City Council.
Since the Planning and Zoning Commission meeting, the applicant has provided staff with the
proposed lighting specifications that will reduce aide glare and direct light vertically toward the
ground (See Attachment 2),
Signege on the tract has also been addressed, The street frontage determines dimensions of ground
signs. Since the location does not have street frontage, a ground sign would not be permitted unless
• shown on the detailed plan. The applicant is proposing wall signs only. Wall signs, or signs placed • •
on the canopy, would be permitted and are not normally required to be shown on the detailed plan.
There is no size limit for wall signs provided that they do not extend outward or upward beyond the
dimensions of the canopy more than twelve (12) inches In order to meet the definition of A wall sign.
i
x 10 32x10
s
e
FISCAL INFORMATION
None.
Attached
Respectfully submitted:
PirectorofP:l Prepared by,anning and Development
Do~ an
Senior Planning Technician
I
E
'Oe
2.
25 10 32XIO
J
L aa110I11M
. 0
i
I~ agwttoe
ATTACHMENT 1
PLANNING AND ZONING COMMISSION
STAFF REPORT
Sybleet: Detailed Plan, Gary Williams Retail Co. Case Number: Z-97.026
am: Donna Bateman D3!!: January 28, 1998
GENERAL INFOR ATION
Applicant: Mike Kurowskl
Gary Williams Retail Company
37017"' Street, Suite 6300
Denver, Colorado 80202
Owner: Wal-Mart Real Estate Business Trust
702 SW 8t" Street
Bentonville, AR 72716
Action: Requests to rezone the property from the Commercial Conditioned (C(c))
zoning district to the Planned Development zoning district to allow for an
unmanned gas station In the existing Wei-Mart parking lot.
Location and Site: The subject property consists of a 0.425 acre tract located on the
southeast side of loop 288, south of Spencer Road.
Surrounding Land Use and Zonin :
LOCATION ZONIND LAW=
North; Light Industrial and Lowe's and undeveloped
Commercial
South: Agricultural and Undeveloped
Commercial
East: Agricultural Single Family and undeveloped
West: Commercial and Single Family and undeveloped
Light Industrial
• •
Denton Development Plan (ODP): High Intensity Area f160 (41°h allocated).
3.
O
•
SPECIAL INFORMATION
The property is currently platted as part of Lot 1, Block 1, of the Wal-Mart Addition. Section 34-8(e) of
the Subdivision and Land Development Regulations requires property to be platted prior to a sell or
lease of the subject tract. Since the applicant proposes leasing and developing 0.425 acres of lot 1,
replatting the property will be necessary. The requested rezoning will have no significant Impact on
transportation, drainage, water/waetewater, fire protection or electrical lines.
BACKGROUND
January, 1989 ■ Property Is zoned Single Famly-7 (SF-10) with adoption of the 1969 zoning map.
March 13, 1984 ■ Property is rezoned with Ordinance 84.28 from Single Family-7 (SF-7) to the
Planned Development (PD-70) district and approved for light Industrial uses,
June 6. 1995 ■ Property Is rezoned from the Planned Development and Agricultural zoning districts
to the Commercial (conditioned) zoning district with Ordinance 94.104. The Super Wal-Mart has
been built on thls site.
The subject tract Is located within the Commercial [conditioned) zoning district. While the proposed
use Is permitted In the existing zoning district, a planned development Is required since the tract
would not have the minimum required thirty (30) feet of street frontage on a public street,
NOTICE
Two (2) property owners were notified of the request on January 16, 1998. As of this writing, no reply
forms have been returned in favor or In opposition. No neighborhood meeting was hold
DETAILED PLAN REQUIREMENTS
Section 35.151 of the Code of Ordinances requires that the following Information be shown on a
detailed plan:
1, Acreage. The acreage In the plan as shown by s survey, certified by a registered
surveyor.
Provided on plan; 0.425 acres.
2, Land Uses. Permitted uses, specified In detail as determG-ied by the department, and
the acreage for each use.
Provided on plan.
3. 0!7-site Information, Adjacent or surrounding land uses, zoning, streets, drainage
facilities and other existing or proposed off-site Improvements, as specified by the
department, suf iclent to demonstrate the relationship and compatibility of the district ! e
to the surrounding properties, uses, and facilities,
JV_ Provided on plan,
..r~.rrn..~
4.
2 5x0 32 x111
Y
' e
4. Traffic and transportation. The location and size of all strests, alleys, parking lots and
perking spaces, loading areas or other areas to be used for vehicular traffic; the
proposed access and con,iection to existing or proposed streets adjacent to the
district; and the traffic gen0rsted by the proposed uses.
Provided on plan. The proposed use will be constructed on excess parking spaces. The
proposed structure has been moved Into the parking lot In order to allow the "ring road" which
surrounds the parking lot to remain open.
b. Buildings. The location, maximum height, and minimum setbacks for all buildings, and
If nonrosidentlal, the maximum total floor area.
Provided on plan.
0. Resldentief development. The number, location, and dimensions of the late, the
minimum setbacks, the number of dwelling units, and number of units per scre
(density).
Not Applicable.
7. WOW end drainage. The location of all crooks, ponds, lakes, floodplaine or other water
retention or major drainage facilities and Improvements.
Provided on plan.
6. Utilities, The locatlon and route of all major sower, water, or electrical lines and
facilities necessary to serve the district.
Provided on plan.
9. Trees and Landscaping. The location of all protected trees and a landscape plan as
required by the city's landscape ordinance.
None proposed end noted on plan. All required landscaping that has been provided by Wal-
Mart will remaln. {
10. Open Specs. The approximate location and size of green belt, open, common, or
recreation arose, tha proposed use of such areas, and whether they are to be used for
public or private use.
None proposed and noted on plan.
11. Signs. Location, type and si:e of all signs regulated by the city's sign ordinance.
No off premise signs are proposed.
i
13, Sidewalks end bike paths. Sidewalks or other Improved ways for pedestrians or bicycle
ueo.
None proposed,
• dt
u RECOMNtENDAfION
i~ Staff recommends approval of 2-97.028.
a
mod
5.
❑ 32X[]',
I 1
I
I
M1
n '
I
I
ALTERNATIVES
1. Deny the request.
2, Approve the request as submitted.
3. Approve the request with other conditions.
4. Postpone consideration.
i
ENCLOSURES;
1, Locatlon Map.
2. Proposed Deta'led Plan,
I
I
60
S ~ ICS 32xIo
Enclosure 1
( Z-97.026 (Gary Williams Retail Company) NORTH
P.D. Agric', mr erctal /
_ ommerolal Light
Ind,
Agrtc c r j
Loop 2~ '4.'
Light
Inetriai + ■ A~iIculrorlM1' ±
t y~F l ♦
D
Lt I ~ s{ ~ 1
We1•Men ;
Airlauh
P D.
R +
I
J~
{ Location Mop,
Date: 1128198 Scale: None 7,
-->x~a 32XI❑I
1
.r1w~0~e►
" ] ~~f \
\ VIG1NIfY NAP
1 \
f A .11100' \ E
\ t. el if d \ 8
11~`~` I\\ ~Ir MI 1. Ill if ~ \ ~ ~
1
Y .w ti . rw'oY 1
\ t4 + lLII' \
r r rw LOT 4 9 X! \
Z 040
lb I
~ L71EDero•r ~ ~ i
R : lidw
♦ / i. title a &W-kLl"WALCO. N
r to M "V ill N WALAD MN
1 ~N ~ WLM (~I1~ I
\ 1 M t VIL , 41RN M4 }I01 I
`'r t • t M01~
r 1~~
_ 1 Ni L NrY YI~YYII. PMIYr M41lM~
IIAM UIIA lNN1100L
/1 T/~•T[1 +.~..r 7/J1♦ T/7/7/r ' y _l 44S
VIS !I e . , lwtn IIf'erQY
saftew
4:9 m4pup"W"
i . eiYl.r• dMIY- L 1~ F}AIL
I In -IE:j
I
mom 25 1C~ 3210'
' o
ATTACHMENT 2
Refofl Company
February 3, 1998
Ms. Donna Bateman
City of Denton
City Hall West
221 North Elm
Denton, TX 76201 OVERNIONT MAIL (940) 349-8350
Dear Donna,
Enclosed are the Dakota canopy light specifications we have been asked by the City of Denton
Planning Commission to use at our station at the Wal-Mart at 15 15 South Loop Drive, We
typically use a Scottsdale light that has more sideglare, The Dakota light has a diffused flat
tempered glass that reduces this ddeglare and directs more orthe light downward under canopy.
If you have any questions, please call me,
SI ccrcly,
Mike A. K rowskl
Project and Operations Manager I
I
Enclosures
1
i
ihtl► ~
Republio Plaza 370 i7th 81rest 8une 8300 Dow, CokxWo 90202
9.
x M 32XC]
' o
FF01 I SUMISLT MUXITRIES PME NO. t tW 970 0135 Sep. 16 1997 10t41PM P5
kemnNO S►SrAws G moy F1 x7-v is s DAKOTA
DIMINSIONS
IWe Tr `
p.
J '
Was C,4*0 s8D T•+ L L
ORDIRINO INFORMATION Idlct epproplllb eJ+da tram ach ovtumn to form ilte wan code Adlt sa oampll below,
VMe DOWN N drp uo km Off i.. 1.fa In
Yn - --0111141ft 11004 Cl! !Id "`I 01•dl'ft4elpr el 341V 02 -11,011 LL-U"twLo
1 rNaMlMlrf ;MId W-1000 Hft v ditmod iff* t`elY to 4.. dAl KIO fit brim
l~+nnnikf !ll,rdDWel M1l1ANu,flro?e H Ae
I a 17 n .
EXAM100 Of A TYDICAL ORDEA $tlh AQ0:,0am14 'A':LAI xn N g y,k
Me CIS bIMYIId krt tNrornf Oall b rlNlgl hr Sadler w.
Ala MINnMlenr wNpr/, melYA rxtNy.
! • MIM TN II rM/Dl 411MNf Ynaff Iltl/wdll ID0dDn1. tA111r0 IeMllb d IMV, !01'1,11011, W !f►Y.
OP11IONAt CHAIN A0111 SURFACE ACCESSORY' ORDIRINO INFORMATION
HANOINOKIT -CHK ADAPTOR BA IfN 11 Not holwi,
4f111g1 r _!e~-e ndaeml&Vv e!I
•4SIIIYM W bra Llrnud
-saw
I
L!I ll/pl
10~
?5~~ 32 x~C1
0
4
FPOtl UISELT ItViSTPIEq :w:r.E la,. e-C ~T;•~.
• :nP, t6 1?37 10t41Pr1 P.4
1HE DAKOTA" SERIES
DAKOTA r")'knra S•tles tatuns enlrgyelllclenf and Cost-effective CAnogy luminaires. lens
"I"HI a '110 lamp types provide uniform distribution and make Dakota tixtunl Ideal for i
lot 11r.0 station, donvenlInct store, and eulomolive dealership IppllCatlona.
SPECIFICATIONS
►+O151N0 MIT SOURCES BALLAST
EahNOpIrClOeaolSlauSlnq ThIO+Sahhdelbeldt0epe~le Hlgh-powtnc~torypepenasl
4 rmmed Pelf" Voic•00,411d Steel, wilh any of Ire fonowlnqq lampo Ismounted to the houa'nl
CnmrrS ere flrlrhd to prodxl tryrore Snpv Mrfd NflMt or Alfhl relulorolnp tall. West is
e K~In, 1PU 01pp1afaMt whle Harde wltn frqut-pass soclels, nhd 1011, F oplnllon
refelsing nawlnaa IronoIh REFLKTORS
NMI enllringweSd+le•t'glt /aSTRIBUTiON l+lpUhl11N0
eanslrucllnn.ElehRalurlh PATTERNS Th0001A durlan tit
UL listed Ind CSA coOled too Ad 00011114FIS art rgllWi mounted to s noncwnpuowt
dampIc"llans in lcod place lymmlhlell IUrtut.Mount we"IN,minimum
ntl$lof or a Myh pldofmince We from e111nC, unless
T"I Dekon~ I aD i wMh mmeldell ror9c r All moumad to mehl pr eenertlt.
Iny of IM following lens typo, p ate Ie data is elrbIled
In lrHciian•mOk}a dropped by In lndlelndlnt llSAnq lacrpry, ® noted For damp $Mvene.
Mieml4eacryueloeundfofm FNISHES
C slr tutfb", drop0ed prilmllk tuh Oe mil thlun ! e yShad w lh Ca4 Cer4ned
PINUtbCnlll Weal fell high. DullGrlp+, LSI Dghmnp Syrtime'
vin delllm area I, IW9IYIIMIry IU 17k1r DIRd-C4
1 w I 11~" Day nhr•puwdv hnllhing
On1 0110 OM plfklt astuff' Deoc"I. to live the We
mS,lmum sealtn/ of the door an IwCIpllOnllty attnclM
frame to IN housing. applaunCt Standard Rnl1A
DOOR FASTENER talon waOq WIN Dakota Its Tr10a~clale!rudedolurninu,n OfDuf4rplp0lyl nhnlo
der trams ftHugs one Cepl Ne vv9slonds aehllnl wetlhaf
dcc rffoIlNit whkhV04104 ly thangelrfhhoulcr'clJnlor
Iccel oKhout Wood ha*lro, pelling FW0 is guaranteed
SOCKETS forRvtySSri.
Porgy/''n mcgal-boll socLlta
lol!na w N f1:011c4d
C061111 lap long IHI.
PHOTOMFTIM
ei,nw dln Ifd! Mrrd,
frl+ 1 • err n,Adtd o~nr~lv!kn
70.
1. M 'e" 1N+1 1
e e
I r , r e
INN I I+ r + . r o
~ t ' J7 I ,
unr ' I 1. .
s c
0 r
fel
l 1 9 1 '
r,I
IMII i a 'a , 1 a
Il"+
Iw
I merlerpaze
Ir+'1 lreebrMkekbCO
ID (mat 0
et'
faLr Nr4NSCa MIFS Ath ,algneuovssMe
G . ,.e.b.e ref+60114191011') M IeAA 410) 144 Its/
I
1 I
I
i
- I
awwwo
i
{
i
®RONmom. DAKOTA
DIMENSIONS
WT i
J IE Ibe.
ORDERINO INFORMATION Shut Ippropdad ehm from etch column to larmulfte orda code. Aefef to Irltmp10 below.
UM10144 U" Line LIMoilN
NMI WOWS" Wild" LIMA WWI' Lim v11up1' 1I04R Ipllro
9b. iii' ",3p oA-VOWFriji"N y,'' IuMul LL-UaUM
I 1tL11a.10awm Acfyk W I02-114na h l"Umf
104 AIFr-WWIIINfI op•orepldF4"N b04 ILK-
111, IN, IN WIN Iffv
Lrt-IAubhp I
EXAMPLE OF A MICAL ORDER CODE DA 8 - 8MH - 120V WHT - NO
Cvsum hcwh br a11u11 Ltlnuh Ylpor Mdlr "quga
fv C13 oiNup FW tlmpow auu M aqukle be Moto m.
r ►a muMlrtaai ~o upe. eanwn tlc".
goo: N Oarca h mMtlrt an A Rush W&U w M Mow to aAH1lI iwf*"
'
i
I i
I
10010
1
x 32x~~
Amon"
0
' IY,IVIlOIb Wr~uudNr,Y Ntf W(1.ICiY
ATTACHMENT 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE PLANNED DEVELOPMENT
CONDITIONED (PD(c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
AND APPROVING A DETAIL PLAN FOR A 0.423 ACRE TRACT LOCATED ON THE
SOU'T'HEAST SIDE OF LOOP 288, SOUTH OF SPENCER ROAD; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, Mr. Mike Kurowski Initiated a change in zoning by applying for approval of
a detail plan for a 0.425 acre tract of land from the Commercial Conditioned (C(c]) zoning
district classification and use designation to the Planned Development (PD) zoning district
classification and use designation; and
WHEREAS, on January 28, 1998, the Planning and Zoning Commission recommended
approval of the detailed plan; and I
WHEREAS, the City Council rinds that the change In coning will be in compliance with
the Denton Development Plsn; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the zoning district classification and use designation of the
0.423 acres of land described In Exhibit A Is changed from the Commercial conditional (Qe])
zoning district classification and use designation to the Planned Development Conditional
(PDjc]) zoning district classification and use designation and adopting the detailed plan, attached
hereto and incorporated herein as Exhibit B for all purposes, In accordance with the
comprehensive zoning ordinance of the City of Denton, Testes, subject to the following
conditions:
I. Lighting shall be of the type and specifications as shown in Exhibit C and Is
attached and incorporated herein.
2, The only permitted use is that or it retail gasoline station is shown In the detailed
plan.
• SECTION IL That the City's official zoning map Is hereby amended to show the r
i change In zoning district classification,
SECTION III. That any person violating any provision of this ordinance shall, upon
convlction~ i fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
13,
` 25 x 10 32X
•
*OWN
• .LI1,~1„~dI ~1.~M~Yt~.~.,1~0.n ~1
i
SECTION 1V. That this ordinance shall become effective fourteen (14) days from the `
date of its paaaages and the City Secretary is hereby directed to cause the caption of this
ordinance to be published twice In the Denton Record-Chronicle, a daily newspaper published in
the City of Denton, Texas, within ten (10) days of the dale of its passage.
PASSED AND APPROVED this the day of ,1949•
i
JACK MILLER, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
By; _
APPROVED AS TO LEGAL FORM;
HERBERT L. PROUTY, CITY ATTORNEY
By:
i. ,
14.
PAGE2
32X
C
;mow
EXHIBIT A
r
PROPERTY DESCRIPTION
BEING a description of a 0.425 acre or 18 518 square toot
portion of Lot 1 Block 1 of Wal-Mart Addition, an
addition to the 6ity of Denton, Denton Count yY Texas, as
shown on the Plat recorded in Cabinet L at Slida 311 of
the Plat Records of Denton County, Texas. Said 0.425 acre
pportion thereof being more particularly described as
follows:
COMMENCING at a ;'2.inch iron pin located at the most
westerly common coi..ier between Lot i and Lot 4 in said
addition, and being ~n the southeasterly right-of-way line
of State Highway Loop 388 is variable width right-of-way?;
THENCE South 38 deg. 43 min. 00 see. East, departing said
southeasterly right-of-way line, and along the common line
between said Lot 1 and Lot 4, a distance of 182.50 feet to r
a 1/2-inch iron rod found for corner;
THENCE North 51 deg. 17 min, 00 sec. East, continuing
along a common line between said Lot 1 and Lot 4, a
distance of 87.57 feet to a 1/2-inch iron rod found for j
corner at the beginning of a curve to the right having a +
central angqle of 12 deg. 30 min. 06 sae., a radius
distance of 185.00 feat, a chord distance of 40.29 feet,
and a chord bearing of North 57 deg. 32 min. 03 sec, East) ,
THENCE Northeasterly along said curve to the right and J
continuing along the said common line between said Lot 1
and said Lot 4, an are distance of 40.36 feet to a
1/2-inch iron rod aat for corner;
THENCE South 38 da9g. 43 min. 00 sec. East a distance of
17.18 feet to a P.K nail met in asphalt for corner and
being the POINT OF 9E0INNIN01
THENCE North 00 deg. 00 min, 00 sec. East, a distance of
5.88 feet to a chiseled "X" set for corner;
THENCE South 90 deg. 00 min. 00 sec. East, a distance of
193.00 feet to a P,K. Nail not for Corner;
THENCE South 00 M. 00 min. 00 sec. East, a distance of
96.00 feet to a P.K. Nail set for corner; •
THENCE North 90 dog.
193.00 feet to a P.K. Nailnset forccoiner~ a distance of
A 2 ;1x10 32XIO
i
i
. I
THENCE North 00 degg. 00 min. 00 sec. East, a distance of '
90.12 feet to the POINT OF BEOINNINO;
and CONTAINING 0.495 acre or 18,528 square feet of land
more or leer
pp bbyy *t• 't~'~+f
PRISMrS~VRVBYS, INC. }r..
1361 W. Euless Blvd. MINELDAUUNNf
Buless11Texas 74040 4808
Michas Dale L nke
Registered Professional Land Surveyor No, 4508
NOTESi
1) Basis of Bearingat The Basis of Bearinn for this
description is the cortmion line between Lots 1 and Lot `
4 as At on the Final Fiat of Wal-Mart Addition r
recorded in Cabinet L at Slide 311 of the Plat Records
of Denton County, Texas.
i
I
r
16,
3 j"., x 10 32X III
o
Zb;
\
\\\t\\\\\\~\\\\~ ' ` ` \ e
:.r..r , • ~ V,CMIFY MAP
r \
°.1elOr 1 \ 7
~ \ f. Ner J'\ t\
\ Ci.17U~Ofi \~\w ~
f/{` 1 ♦ \ itr
to? 0
re,Fe°.ai 1 A \N
• r r. I~!ly.~ Nm i Isl. 31
• ` • 11 1 ~RRmID AL MAL &UM W rIA-.N ® ' CA
J A • 11Q Od QQ(( ~ r'I .r i i.fibii' GARY•Wlt1k'bMETAL fA. l~-t
L Ci.. 1p37Jl•0 MALMO PLM y
it . 11 Ir °
wr.r. ID
r 1 8006 cote" 0001110",
11 1
4 MAR. M?! f110KitD
• Yl :V• M
~ N r w.1 d1.1tNU MIKId I!a°Rb1t w
...w •r lApY AItA lM3111011.
j/j1j/]//JTj//j•/rw rrj/j/j/\/1 /1/1j/j/ r 1NW'!r• #\fr WOM PAFM RAII* 1q
/ ~LNr• YMD LI.1•fI ~-~*b COIIfI "ki tol,
~ . x P~°AUn°
-y 3/ i
NMI
"her
se.a,r~
a
EMIBIT C
--o0 Y,Flows GAN40Ay f~xiuess CAA TA
DIMENSIONS
sue
1
ommmolulloomri L- z.
w+.. c.4*Aj ego T•
ORDERINO INFORMATION AoW gpop IN a 4im Ram no cowmn to Iomwwo a'der code new to eeample Delolr,
ob6eww U1111 bow Los foam
t P" fld dt`>~ere rlwl MfY 60Z-Ferw eLL•.AIILs"
el .Ma Arno am AN - oae ei•CIIw I.ma
eM~..r+d ne,AAoNo a rwe.r enyywry~!..,{~yn. r or.AN Nk
I
EXAMPLt OF ATYPICAL OPIDER 's
'The Crl DKn1 Pet hmwne OhnY 1eµ0.1 a WON 00,
"An ktrneMN ra~l~e~ .anal prey.
'AR • Yuu a fq H eraAiee fh+Qrd enYte Nwlrhe eN~f W MN fig .u+YMi I1lCV.la1V, f4&. end e7N. r j
OPTIONAL CHAIN SLOPE SURFACE ACCESSORY' ORDERM INFORMATION
HANOINO kit - CHK ADAPTOR- SSA ewe - -y
!•fllipo r QA•$"IIIAE.AMiy min
An III "w We Mnl•A
a '
r
FIIIMe I
r
• I
/ I
+ i
18.
K la 32x
AAAAA-
,
}
IHE DAKOTM SERIES
DAKOTA 1 • "'ntI SAres tealules eroigy eniclem 40d r, Oil tirliI calm IIIinairos. Lens
n:110 lamp twee Provide u uhtrm disiribohor and mates Dakota baturtsidaal for
CA: Ito Clarion, convenience stare, end wtorr ivt deatelsh;p m ikamns.
j SPECIFICATIONS
t+095M1G UGHT SOURCES eALLASr
011,PIA p+!"Dasoishm;rq 1`40 24IsCI to III NOpdwtreectartyp Wait
Is w- n ed brim enc milid fi1n. Wh s^y or Me lorovd~q lamo is rnourted to me hoar;no
C,'r.rrAll 4100410 P'oduce 1iI S.tv M91d N4'4f4 rv Nrta+ I9lnrare'rq ota'a. laAest is
t r .7n, Oarp epparante whiir wtd de with mogi tocSt's filed for •M• F operatift
n SL thousroq m
And" REnKrORS/DtSTRIBUrlOr4 MOUNTING
cnnslrur,hotriAOn ng Each taM Aaatu+e-Igh.t~tif PAM PNS The 041104 R10urt un be
I.P. III l r or and CS A crn'nedear 44 Cofol a b.turef affavaaabi4 11100 M10a rtoxoni il.011
j d,mol"Ilamir it, 4onr01ecesymm9lriest ILA Col. AtoWMWO 11tMill mui,
r1Aecdor91 ahighpMormanet sodcsfrom ddiq u*n
LEat5l~4~kE[+"'.` tynmetdcdfolIWorAt mounted tometara0061
Tn. 00 014 Is ava+tebrt with phol0mori data 4 crrninod
j tn, at Me tolk 00% tins typts by an r dryend9nl IiI ImOry ®am" ow dwp eonrimi e,
or uned•on-moMed dropped
0114""JI scrylR let unilor•et FO415FtE5 ~~ffll..
1, It, buxan, oropplDld pn9mane tack Wall future is grdshed fill,
mrill'boMte Idt91 Arr ft - twiI LS1 Uphtlnp System or G4 controlling!
.andrrsm anal, ofp~L,-~e,,-Jy rtudu0onsry, sup4rbr kt+cn
It1~ DMtd a ra poyt sleroawder bNaAirrp
ore o4rt (%M pedrel aaam mocrf9, to pFn IN Wwt
maeimumtea9ngor thtdoer 11scopek"filadhe
trami to me hous;ne s,+ oranct Standard lnlth
oc"rASrENER U~ntiblotthertheDetmra i
are bronp, b". 111,0 whte,
r K 049011 d ruled erVnNy v ?At IhraGOp PO Aratfinlsh
d»I lram a If Mures ant ctpthf wilht At nds uhf tmt mommy
drv hlsllrr whkA tRtwf tuy thargts wAbott tracllinq or
ucnsoAh&Aloose MrJwMe oernngFin anIs gdsranlted
SOCKETS forI%IPlArs _
Porcl4n mop l-boss joi
II sodng reillarctd I
congas for tong 1104
PHOTOMETRKS
,
ram. t ort, who 1,101f
r'.rt•li, Aofnl 13"4^4
14x wit tux 0 ldi e rna a ~r x
' -1411 i t rp r f 1 it
film
IMM a
f a C+
1.41
1rM
11"rrn.4 M S7
0 1W.4910 kvVAVII o •
Mr1
aO
HtyNO ~Yd /YNf a w.v tru r^~,faaf IN
l xm r l.... h of • P O 1 1 ems. 0 Y " of liI is y of of l 1,+11 roll Are - lull It 131191 +1_.4
]9.
;~;atc~assearytRp~1 ` 7
..dr 1 el t m f
ti
DAKOTA
DIMENSIONS
42 tbs.
t
If
~yt~(re 'T'o_,~LAT LLKS V
ORDERING INFORMATION s.W lWop4lt coo from W Ctiumn h fa(mAW Clot Coot. Role to favvil b kw.
U1,444 Ls"
pmh Di"05" WIN" Ulm sam. LM tome Dow
""i~Tii) 04-aeel.l/n.wts biAr lwbd u•uuu~e
M ISO, 40 *0 sav Mt.M on ct -cwwlutt
11t QlO,a*A! Coto" !1N j~'r~.r
EXAMPLE Of A TYPICAL ORDER CODE OA - S - - SMH - -120U - WHT - ND
Canw~hcrogiaGlA~~IMI'cWWeaf2l~Mll.lla
••1Menof iltYlmVv*OwlMtaoAvf4, WYw.
br cnnwib a nhtn comt "fv
ir.. W M. M Wob woj" ue M to f oyoo bmlw/wprcrM loft"
I
20.
2 F) x 32xIa
e
9
ATTACHMENT 4
EXCERPTED DRAFT MINUTES
PLANNING AND ZONING COMMISSION
January 28, 1998
The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was
held on Wednesday, January 28, 1998, at 5:30 p.m. in the City Council Chambers at City Ilall,
215 E. McKinney, Denton, Texas:
Present: Elizabeth Gourdie, Jim Powell, Susan Apple, Ellen Schertz,
Rudy Moreno, Carol Ann Ganzer and Jim Engelbrecht
Commissioners Engelbrecht and Morenojolned the meeting in progress
Present from Staff: Eddie Martin, Assistant City Attorney; Mark Donaldson, Assistant
Director of Planning; David Hill. Director of Planning; Nancy McBeth,
Planner 111; Wayne Recd, Planner 1; Donna Bateman, Senior Planner, and
David Salmon, Engineering Administrator
PUBLIC BEARINGS
s
12. Hold a public hearing and consider making a recommendation to the City Council
regarding the rezoning of 0.425 acres from the Commercial conditioned (C(ci)
zoning district to the Planned Development zoning district Ahh adoption of a
Detailed Plan. The tract is located on the southeast side of Loop 288, south of
Spencer Road. (Z-97-026)
Chairperson Schertz: Item 12-hold a public hearing and consider making a recommendation to
the City Council regarding the rezoning of 0.425 acres from Commercial Conditioned Zoning
district to the planned development zoning district with adoption of a detailed plan. The tract is
located on the southeast side of Loop 288 south of Spencer Road, and this evening's presentation
will be by Ms. Bateman 1 will open the public hearing.
JL+. Donna Bateman presented the staff report.
Nis. Bateman: flood evening, Let me see if I can focus. Chris, can you please focus that for
me? Thank you, I his request before you this evening is to rezone a little less than a half-acre
tract, to planned development, Let me first start out by saying the reason +vhy the applicant is
requesting to rezone this to a planned development is because our ordinance requires that
anytime you sell or lease a tract of land, it has to be previously platted. In order to plat the lot,
our subdivision regulations require that you have a minimum of 36-feet of street frontage. In
order for this development to occur inside the Wal-Mart parking lot, it would not have any street
frontage %Oalsocver. It would use the same access points that Wal-Mart has, and so it would not 0
be permitted lot, With the planned decclopmcnt is a design zoning that would allow the
I~ development to be there and not have the required frontage. I took too much time coloring on
my map so it's looking really good here. What we've done is-what the applicant is proposing
21.
~10 32XIq
s
0
Planning And Zoning Commission Minutes
January 28, 1998
Page 2 of 19
is an unattended, unmanned gas station in the Wal-Mart parking lot. What you see here in the
shaded area is the actual canopy itself, which is a 96 -by 193-foot canopy. What you see in the
orange are two islands that have been painted onto the asphalt. Those will be removed; the two
existing landscape islands, which are in the green, will remain, as wtll as three small painted
islands will be added to the property. When the applicant initially came in, the applicant
requested to go further toward the-what is defined as a--ring road. With some meetings with
staff, it was agreed to move it into the parking lot. it has no problem with access. It allows traffic
to pass around the ring road without interfering with both its use and the traffic coming In and
out onto the property, This is a detail plan which requires 13 items be shown on the detail plan,
and I've listed in the backup what has been shown and provided for. It's pretty simple. We
notified two property owners; received no reply forms in favor or opposition. I'll be happy to
answer any questions.
Chairperson Scheriz: Thank you. Commissioner Gourdie?
Nis, Gourdie: Ms. Bateman, what is this unmanned gas station?
Nis, Bateman: No attendant whatsoever. I'm sure the applicant could definitely get into it
further. This is kind of new for me as well,
1 I,
Nis, Gourdie: All right. Also, I don't know who to ask this question to, but Wal-Mart has all the
signs saying, "No trucks to enter into the parking lot." they actually built those rods with the
signs saying "This is a 10-foot clearaoce" to avoid large trucks from going in there and making a
delivery, So, what I'm wondering is don't fuel tanks have to come into this area and use this
parking lot in order to fill its gas station tanks. [low's that going to be handled to -all the
requirements there arc. I'm just curious as to how this is going to affect the traffic, because Wal-
Mart is-well, you've probably been there-I don't know. This entrance is a deathway for most 1
people, They are driving through it fast and quick, and 1 can't imagine an 18-wheeler in there 1
refueling and everyone trying to get in and out. I'm just wondering where that lies in this
situation.
Nis. Bateman: Well, as far as the access goes. I think I'll turn that one over to David Salmon if I
could as well. We did spend quite a bit of time with the applicant and addressed all of these
J issics. ~
Mr. Salmon: Our ordinance is concerning parking lots-mainly, I guess, the control of the 1
entrances and stacking at the road. I don't have any doubt that this particular driveway at Wai.
Tlert is very busy and, of course, the ring road that goes around the parking lot. This particular
site is quite a distance oft' Loop 288 because there are some pad sites between here and the road.
• I don't think we have any issues here of having a traffic conflict adjacent to Loop 288 because
we are quite a ways off the road. The only possible conflict that we would see would be if it
were, I guess, a fuel truck or if there were a large number of vehicles waiting in line to get
gasoline. I guess it Is conceivable that they could block part of the ring road, which is relatively I
close to the entrance, The applicant did move the pump island back away from the ring road
1
22.
i
32x10'
Mx
i
I
i
0
M
I
Planning And Zoning Commission Minutes
January 28, 1998
Page 3 of 19
, i
probably 20-, 30-, or 40 feet from where they were originally when he first came in, "hich we
think is a good idea. But frankly our ordinances really don't apply to interior circulation so
much as they do to the connection to the street. I think the applicant has made attempts to
minimize the conflict that could occur, although I don't think any of us can guarantee that there
wouldn't be one.
Ms. Gourdie: Thank you.
M Chairperson Schertz: Commissioner Powell.
Mr. Powell: Nis. Bateman, what would this canopy be made of? How would it be constructed'1
Ms. Bateman: Well, I would assume it would it be the same as all the others that are around
town with the metal. t'm sure the applicant could get into that one further, if he's prepared on
that.
Mr. Powell: Is it pretty reasonable to assume it is going to be a metal building?
Nis. Bateman: It's pretty reasonable, yes.
Mr. Powelk Thank you.
Chairperson Sehertz: Commissioner Engelbrecht.
Mr. Engelbrecht: I would just have to know what are those green painted... I
Nis. Bateman: I'm sorry.
Mr. Engelbrecht: What are the green painted-you said that on the left side of from where we
are vic"ing it. Yes.
Nis. Bateman: Right here?
Mr. Engelbrecht: Is that what we have painted on-landscaping; is that "fiat that is? I'm just
curious to know "hat that is,
Ms. Bateman: l here will be painted islands-kind of like for visual harder to prevent people
from wanting to drive through there instead or using the other access routes.
Mr. Engelbrecht: Whcn you say island, you mean it is going to be raised? •
vj Ms. Batemaw No, It Is going to be painted on the asphalt similar to parking lot striping.
f ~
23.
2 x 32 xQ I
' o
Planning And Zoning Commission Minutes
January 28, 1998
Page 4 of 19
i
Air, Engelbrecht: 1 we. And that painted-on is going to stop folks from driving through there,
right? Or it could serve as an alternative landscape, is that right?
Nis. Bateman: That is right.
Nit. Engelbrecht: 1 like this. Can we in the future get them to paint bushes on the side of the
building? They won't die.
I Chairperson Schertz: You are bad.
Air, Powell: They'll fade though.
Mr. Engelbrecht: True. That's a problem. They might. Easy removal.
Chairperson Schertz: It has been a long night; that is all we'll say.
Mr. Engelbrecht: Thank you.
Chairperson Schertz: At this time, that is all the questions we have, Ms. Bateman. 1 appreciate
it, and I would like to ask the petitioner to please come down and give your name and address. I
am sure he can address some of these questions. Thank you.
Air. Kurowski: Good evening, I'm Mike Kurowski with the Gary Williams Retail Company of
Denver, Colorado. Do I need to putt this down?
C hairperson Schcrtz: Please, and if you could speak into the mike; we can barely hear you.
Alr. Kurowski: It is 310 17'h Street, Suite 5300, Denver, CO 80201.
Chairperson Schertz: 'thank you.
Mr. Kurowski: And I just have to clear the air; I am a Broncos fan, and we are pretty excited
about what happened on Sunday. We had a big parade on yesterday that drew close to three-
0 quarters of a million people, and 1 was part of it. Actually, I moved my flight so that 1 could be
part of that parade. I'd like to first thank the Commission for allowing me to come and present
our project, I would like to start out by telling a little bit about who we are at Gary Williams and
then address some of the questions and some of the unique operations of our facility.
Gary Williams Retail Company is a subsidiary of Gary Williams Energy Corporation, both
otxrated and off iced out of Denver. The Energy Corporation was founded in 1957 by Sam Gary.
Its primary business is in oil and gas exploration and production. Now, we do also own and
operate a refinery; it's a 47,000-barrel-per-day refinery in Winniewooel, Oklahoma, which is just
south of Oklahoma City, In the effort to become an integrated oil company, the Gary Williams
Retail Company was formed in May of 1996, We began our development with an agreement ✓
with Wal-Mart to put In these unattended gas stations onto their parking lots in a lease
24.
> 25x10 32x10
s ,
o
r
Planning And Zoning Commission Minutes
January 28, 1998
Page 5 of 19
I
arrangement, Recently, we have learned up with a regional real estate developer and a national
shopping mall developer to also put these gas stations in major shopping centers. Currently, we
have eleven stations operating in seven states. We have four under construction, two of which
are in the state of Texas. Your neighbors to the west in Decalur-we have a station opening in
two weeks there. We have four in permitting stages, one of which is here in the city of Denton
I would like to show a picture. This is an artist's rendering of the station. It has six fueling
dispensers, twelve positions which-how am I going to do this? Okay, we'll see the picture in a
little bit. Much less area than the City of Denton, we're proposing a six-dispenser facility, We
E don't have a convenience store as we are unattended-it is difficult to sell cigarettes and soda
pops without a cashier, although that's being designed now, believe it, or not with robotics. We
offer traditional services but in an untraditional way. Like I said, we are unattended so we put
the "self" in self-service truly to the test, and it has worked out really well for us so far. Our
customers have seemed to enjoy it, and it has been successful. Our dispensers accept credit cards
much like most other stores-card readers in the dispenser. The unique offering that we have is
that each dispenser has a bill acceptor; and what's more unique is that we can give change back I
in an unattended setting. Let me tell you kind of how this thing works. The customer would be
able to come up and put any combination of is, 5s, 109, or 20s Into their dispenser. It could
either dispense the full amount, or if-there you go-or if the customer needs to just put in a
partial amount, what they would do is-on their receipt, there would be a six-digit code that we
call out "fill due" code and that would be for the remaining amount. They could have either of t
two options: a} keep that receipt and use it at a later date; or b) because we don't pay interest
like a bank where they typically want to get their change right away, we have designed a change
back machine-it's basically an ATM, an Automatic Teller Machine, that's been designed to
dispense cash and coin. They take that receipt, which is in the middle of the Wands right now,
over to the change back machine and enter their code into that machine; their change dispenses
both in bills and in coin right down to the penny. Although we are designed to be unattended,
for the first few months we will be having an attendant present to familiarize our customers with
the operations of the facility and to answer any questions. Bcyond that time, we have an 800-a
toll free--number that is accessible through a pay phone on site which is about 100 feet away at
our electronics building, They can call the help Desk and get any of their questions or concerns
addressed, 'to ensure the operation is maintained and kept clean, stocked and the equipment
remains in good repair beyond this attendant period; we will have a caretaker, we call it, that will
" be there to visit the station twice daily. To ensure that the station is clean and that all of the
e equipment is in functioning order as well as to restock all of the water, the squeegees, and paper
loticcls. Safety to our customers and protection to our environment arc very important. We, the
National Fire Protection Agency, and the Uniform Fire Code have requirements for unattended
shielding. We not only meet these requirements, we exceed them. I will be happy to address
and go through those if necessary. I guess with that 1 would like to open it to some questions, or
I can address the original questions that were presented to Donna.
Chairperson Schertz: C3ood point-why don't you start with the questions that were originally •
presented, please.
{
i
I
25.
25)(10 32XID
i
I
r
0
I
xraea
. 1
Planning And Zoning Commission Minutes
January 28, 1998
Page 6 of 19
Mr. Kurowski: Okay. If 1 remember them correctly the first was from Commissioner Gourdie
about the transport truck. We, as far as the ingress/egress of the transport truck, they should be
coming in the same place as the transport for the Wal-Mart. They have their diesels that come
in, I think it's around the ring road to gel to it. E guess the next option would be. I didn't think of
that, I forgot that most Wal-Mars don't have the barriers up front. If they can't fit under that,
and 1 don't know what the height of them is, but we might have to remove one. It would bethe
one-I think it's the one right at this entrance-to set our tr, nsport in. As far as congestion, our
transport trucks do come in early in the morning, sometime-anywhere between 4:00 and
6:00 a.m., so the traffic is minimal so the impact there is reduced as far as that goes.
Chairperson Schertz: Thank you. Commissioner Engelbrecht?
Mr. Engelbrecht: I just wanted to know-could you pull that away-wasn't that a little sports
car sitting on that green island.
Mr. Kurowski: Is that mine?
Mr. Engelbrecht I thought he was sitting on that green island, and I just wanted to know, E have
never seen those in the seven years here, I've never seen or even heard of them. What is it?
Whose idea was it? And what is it suppose to do? What is its function?
Sir, Kurowski: Good question. 1 am going to-what there is currently is we have two j
landscaped islands, these two painted islands is what we are talking about. We are removing two
painted islands that mark the end of a row of parking. We are basically removing those and
placing them up here. So they are not painted landscape there, they basically mark the end of the
parking row. It's very common in parking lots.
Mr. Engelbrecht: Right. okay,
Mr. Kurowski: %V: will put in yellow, not green. So in that, what we do is we need about a
forty-root circulation pattern beyond the edge of our canopy. So that's basically where it ends
about forty feet. It allows cars to pull around, What we have seen at the sites today is we pretty
much go with the circulatio t of the existing parking, Cars will come and go, and as they do in i
most parking lots; you can put arrows, you can tell them where to go, but basically they are
going to go where they want to go, What we have seen is that the majority of the people coming
down from the Wal-Mart are coming and either going out this entrance; or if they are coming
down this, they just cut across and go around the station. Rarely does parking from Wal-Mart
push all the way out to that ring road even during Christmas. So there's really not going to have
any impact; if cars are coming down these roads, they are just going to skin around our station.
And if they want to drive through the station, they can and they will.
• i
Mr. Engclbrecht: I have one more serious question that has to do with down lighting. We've
recently had a structure remodeled In tour and you can see it from-I eon 't know probably from
the moon. Flecauae of the candle power of the down lighting on this thing, are we going to be
26.
10 32XIO
o
Planning And Zoning Commission Minutes
January 28,1998
Page 7 of 19
able to see this thing from 1.35 up by Sanger somewhere once you get it lit at night? I asked that
because in all seriousness there are a lot of people who have concerns about spill-over lighting in
this community now.
Mr. Kurowski: I understand; it's a valid concern. We have Scottsdale Lighting; it minimizes
side glare so most of the light is deflected downward. They have actually designed-in the City
of Mesa, Arizona, they have some pretty strict ordinances on lighting as well. We have had to
recess our canopy lights to minimize that even more. If that is a concern, we definitely can
address that; it is not a problem for us.
Mr. Engelbrecht• Well, is that the star-dard design that you have-to recess them or whatever?
Mr, Kurowski: Right now, they hang down; but still the mirrored lens pushes all the light
downward-but, it's bright-I mean that's the reason that we have bright canopies is for safety.
Mr. Engelbrccliv i guess what my question is, why do you exceed daylight standards? I mean,
why do you go beyond what the sun provides? I fail to understand why any of you do that-to
the point of cost for you all energy-wise and everything. Itjust amazes me.
Mr. Kurowski; The answer I'm going to choose is safety. But, to be honest with you, it is
marketing. I think you want to let people know that there is a station out there. But we have
recessed our lights In other cities, and we are willing to do that. But it is primarily for safety, I
mean the brighter they are, the more comfortable people feel going into a gas station at night
being unprotected.
Mr. Engelbrecht: I understand. Thank you.
C'hairpcrson ScherV: Thank you. Commissioner (lourdie.
Ms. (lourdie; Okdy. I have a couple of questions for you. All right. I'm wondering about
security being that it's an unmanned ATM machine sitting out there in the open, Ilow often in
the places that you do have is there a security problem with robberies or people trying to break
r into it? Is Ibis a thing that's...
Mr. Kurowski: Of our eleven sites, we have hid one break-in. It was at our site in Highlands
Ranch, Colorado, which is a southeast suburb of lknver. The reason this occurred, we think, is
it was on a dead-end street; there were apartments that were being built that haven't been moved
in. The Wal-Mart wasn't a 24-hour location, and it was pretty easy picking to go after. We
learned a hard lesson at that. We have put in security cameras; all of our dispensers are alarmed
so if anyone tampers with it, it sends out a loud alarm, and that alarm Is sent into central dispatch
that calls the police out immediately. So, of the eleven stations, we have had one occurrence; but •
King heavily trafficked like 288 is, I think that that will be minimized.
27,
?h x ~ 32x111
-,$swu
0
Planning And Zoning Commission Minutes
January 29,1998
Page 8 of 19
Ms. Gourdie: So, you're saying there is a loud alarm that goes off and the neighborhood is then
listening to this until the signal-far 5, 10, 15 minutes-until..,
Mr. Kurowski: No, it goes off after a couple of minutes.
Ms. Gourdie: Okay.
Mr. Kurowski: And we can set it on whatever.
Nis. Gourdie, Okay.
Mr. Kurowski: We just need to scare the individual that is breaking in, and let them know we
know.
Ms. Gourdie: And the neighbors and the dogs.... Okay, where exactly on this plan are the gas
tanks going in the parking lot? Where are they going to be buried?
Mr. Kurowski: Right here; it's underground. The canopy isn't 96 by 193; that is a huge canopy.
Our canopy is 44 by 86; it's this outline right here, and the tanks are right here buried under
ground.
Ms. Gourdie How does the fuel truck access them? I am really just concerned about this and so
I'm going to be
Sir. Kurowski: i understand. What we had proposed without the 10-foot barrier is that we
brought the transport truck in here, comes around, circles and unloads here, and proceeds out the
driveway. And we do that at every site right now; we bring them in through the main entrance;
and, like I said, it's early in the morning. So, it minimizes any impact of congestion.
Ms, Gourdie; Okay. I'm also having a problem with your philosophy on how people drive
through parking lots. You are opening up the one in Decatur in a couple of weeks or so, Are
y'ali familiar with the way Texans drive. I guess is what 1 should say.
Sir, Kurowski: I'm familiar with Colorado driving, and I think it's one of the worst in the
country; but ycs, people-if they chose to drive through the location-we could put raised
islands here. We could do what ever we wanted, but they will drive through the station if they
choose.
Nis. Gourdie I guess my question is the liability factor. Who is responsible if two cars decide to
` make this their new road and there is a accident-is it Wal-Mart or you folks? Who's going to
be the one to, to... I'm just wondering because I'm thinking there's a problem with the street as •
it is now designed--the road, the ring road that y'all are talking about. I'm wondering if Wal-
Mart would want to redesign it so It goes to the backside or it has an option so people can "V"
through, I'm just concerned for the few times that I've been through that parking lot, J actually
Z8,
25 xL1 32x14
low
.
' p
it
F
I
I '
:wsw
i
Planning And Zoning Commission Minutes
January 28, 1998
Page 9 of 19
stop on the break at each section and watch people go by before I go by-before I proceed. And
with that big obstacle, that's even scarier to me. So my question is-is there anything we can do,
Is this the practice with Wal-Mart, or art I just being overly concerned?
Sir. Kurowski: I don't want to offend you, but I think you are being overly concerned because
Ms. Gourdie: Okay.
Sir, Kurowski: We do have these. Actually, 1 think this helps circulation because it's a large
area that is open for people to get around,
Ms. Gourdie: Okay.
Mr. Kurowski: t. 41 1 think driving down the aisles is-I'm scared to do it myself. People
pulling out; but wiu,,'-.i~ there is-before you get to there, you see it's a wide-open area, and you
see what people are dolag rather than backing up as you are driving down the aisle. So I actltally
think it helps.
Ms. Gourdie: Okay, last question. In here, it says that you are not proposing at this time any
signage. Explain to me how you plan on telling everyone that you are there. Off-site, 1 mean it
says that you do not plan on-no offpremises signs are proposed I'm just wondering where the
sign is going and is it going to be extra curricular lighted out there to make sure where they are
coming from?
Mr. Kurowski: Our sign will be on-premise within the leased area.
Ms. Gourdie: Right,
Mr. Kurowski: The sign wilt be right here; we are proposing a pole sign which is 25 feel tall.
It's basically 8 by 9 feet and It's non-intrusive and it will be facing out toward 288.
Ms, Gourdie: Is it going to be lighted?
Sir. Kurowski: It will be backlit.
Ms. Gourdie: Okay, thank you for your time.
Mr. Kurowski; You're welcome.
4 ! ,
Chairperson Schertz; I had a couple of quick questions and then Commissioner Moreno and a
r few others. I'm sure you sold it, and I just missed it; but are all your facilities at Val-Maw?
Sir. Kurowski: Right now, yes. We do have one under construction In a strip mall area up in
Dillon, Colorado. But, the eleven we do have right now are in Wal-Mart parking lots.
29.
25 ><1❑ 32XIO
o
Planning And Zoning Commission Minutes
January 28, 1998
Page 10 of 19
Chairperson Schertz: And how many are operating right now? `
Mr. Kurowski: Eleven.
Chairperson Schatz: Okay, all right, So you've got one getting ready to open and this one-so
you'll have a total of..
Mr. Kurowski: We have, yeah, we have one ready to open, we have another three under
construction, and we ha% four in permitting stages. Our plan is to do another 20 to 25 this year
with an ultimate goal of doing about 200, which takes up the capacity of our refinery.
Chairperson Schertz: Okay, so again my question is how many do you have under operation for
people that are driving in and getting gas.
Mr. Kurowski; Eleven.
Chairperson Schertz: Eleven. Okay.
Sir. Kurowski: At very busy locations - at Wal-Maru..
Chairperson Schertz; And how long have they been in operation?
Air. Kurowski: The first one opened in May or June of 1996. And then they are spaced from
that point forward.
Chairperson Schertz: Okay, all right. There hasn't been any-I'm assuming you're moving
forward so it's been successful. There haven't been any notable accidents or injuries or-other
than that break-in-anything to really write a chapter about?
Mr. Kurowski: No, it's been very successful and it's worked really well. Circulation hasn't
been a problem.
Chairperson Schertz: And-just the business nature in me-but, are there other ccmpan£cs
doing this or have you kind of captured the market?
Mr. Kurowski: We like to think that we are on the leading edge, but 1 think we consider that we
are on the bleeding edge right now. But at this point we are the only one doing unattended, other
than commercial card lots that are for commercial use, non-public,
Chairperson Schertz: All right. I was just flipping through, reading everything, and all of a •
sudden, I come to this-and I'm like, man, this is really different. And so, I was jest curious
with some of those questions; I will be quiet and let Commiss!oncr Moreno please ask his.
30.
?5 : 10 32x10
i
aim
o
„ I
I aan:resNS ~i
I
Planning And Zoning Commission Minutes
January 28, 1998
Page 11 of 19
I
Mr. Moreno: Thank you, Madam Chair just a couple of questions. Are you aware that as you
exit this particular driveway nearest your facility onto Loop 288, that it is a right turn only?
Mr. Kurowski: Yes.
Mr. Moreno: But yet, the freeway is the other way; it Is towards the left
Mr. Kurowski: There Is another entrance to the Wal-Mart that has a light.,.
I
Mr. M.ireno: That's right.
Mr. Kurowski:..,tlat people also use.
Air. Moreno: Okay, but you said that your plan was that they were going to come in and out that
same driveway. I don't think that is going to work.
Mr. Kurowski: The transport will-it all depends on where he is coming from.
Air, Moreno: And where he Is going.
Mr. Kurowski: Correct
Mr. Moreno: Okay, the only other thing that I had was i wanted to echo Commissioner
Fngetbrecht's remarks as to your lighting. I would suggest that you tone your lighting down and
still maintain a level of safety. 'Shat h all i have.
Chairperson Schcru: Thank you. Comraissioner Engel brecht.
Mr. Fngelbrecht: Wait a minute-I have to remember what it was that I was going to ask.
Chairperson Schcriz: We can come back.
Mr. Fngelbrecht: Oh. I know what is. Ilave you discussed the issue with your signage with
staff? Was that part of your PD?
Mr. Kurowski: Is the sign--was it? I thought it was, Donna. I apologize. I thought we had
discussed the sign had to be on premise. We are required to post our prices to the public.
Air. Fngelbrechl: Sly question is-since, and that Is why you are here-I'm going to ask Donna,
are we going to have a problem with this PD; will he have a problem if we don't have the
signage; is not all agreed; and what is allowed so that you know up front right now. If we need
to do something here, let's do it now so that it Is written in.
31.
1 ire 32XIO
.vY
O
MOM"
Planning And Zoning Commission Minutes
January 28, 1998
Page 12 of 19
Ms. Bateman: The sign ordinance allows signage based on the street frontage. As 1 mentioned,
this piece of property has absolutely no street frontage, so no ground sign would be permitted.
The only signs that would be permitted are those that are going to be attached to the side of the
canopy. If the applicant is proposing any type of ground signage whatsoever, it has lobe shown
in the detailed plan-as well as the detail information about tic sign showing a drawing of the
sign height, sl&, and everything else. If the applicant proposes having any type of on-premise
ground sign, not a sign attached to the canopy, it will need to be shown on the detailed plan-not
just the location, but an actual detailed drawing of it.
Mr. Engelbrecht: We are approving the detailed plan?
i
Ms. Bateman: Correct. it
Mr. Engelbrecht: Can we, for example, say that if the sign meets certain specifications, we'll go
ahead and approve this, and you all can review that In the detailed plan? Can we do that?
Donna Bateman: Sure.
Mr. Engelbrecht: Okay, all right. What we need to do now Is figure out what this sign is
supposed to be so the requirements are put into our motion.
his. Bateman: Along with the lighting-yes.
Sir. Fngelbrecht: Right, Okay, does the staff have a recommendation on the sign here. I know
you are kind of-we are catching you off guard here,
his. Bateman: Well, the sign ordinance allows for signs that have-for signs that are on the
Loop, the sign ordinance allows 30-foot in height and 150 square feet.
Mr. Engelbrecht: But we are not on the Loop; we are back off.
Ms. Bateman: We are not on any frontage. 1 can tell you what the sign ordinance says for
' different streets. As far as what we would recommend, I don't know if that's something that...
Mr. Engelbrecht: Can you remind me-what it is off the Loop? Basically, we are trying to
i address the parking lot, as I see it, not the Loop. Given that there are pad sites In front that are
ultimately going to fill up and this thing...
Sts. Bateman: You can have a 150-square-foot sign and 30-feel tall
Mr. Engelbrecht: Right, and this is going to be behind that.
Ms. Bateman: Right, right
32.
Sx10 32XI 1
Planning And Zoning Commission Minutes
January 28, 1998
Page 13 of 19
Mr. Engelbrecht: What is the standard for the other streets?
Ms. Bateman: For an arterial street such as University and Carroll-those types of streets-20-
foot tall, 60-square feet; secondary arterial selectors like Hickory, Oak, Locust-well, Hickory
and Oak, you are looking at 6 foot in height, 60 square feet, and that is the overall height.
Mr. Engelbrecht: And his option is to put it on the side of the canopy in which case...
Ms. Bateman: On the side of the canopy, which would not need to be shown,.,
M,r.Lngelbrecht: Right, okay.
Ms. gateman; ...on the detailed plan.
Mr.:ingelbrecht: 'Thank you,
Chairperson Schertz: That was--you did enough. Commissioner Ganzer.
Iris, Ganzer: IT talk to him. What is the clearance of the canopy?
Mr. Kurowski; It is 14Vi feet.
M3. Ganzer, Okay, so the sign would be-the sign you were proposing would have been higher
than that-£s what I was going to ask, Can you put the artist's rendering back up there for us,
please. Didn't you say 8 by 9, 25 feet high? Commissioner Powell asked earlier if this canopy
was going to be metal; it looks like it is fiberglass, or going by this, or if it is painted metal.
What is it?
Mr. Kurowski: It is called ACM; it is an aluminum material, It Is painted with a deep finish and
then those red and blue will be decals that adhere to the canopy. It is like any other canopy you
7S see across the state right now.
f
his. Ganzer Okay. Also, you say that you're leasing this from Wal-Mart, how long Is your
lease for if you don't mind me asking?
Mr. Kurowski: It Is 15 years with two Ss-two 5-year options.
Nis. Canter: Okay.
Mr. Kurowski: And the agreement with Wal-Mart is that, if for some determined reason that the
station has to be taken out, the agreement is to return the parking lot to its original condition.
his. Ganzer: All right, thank you.
33.
2510 32XIII
i
u~
I
rrsw
I
Planning And Zoning Commission Minutes
January 28, 1998
Page E4 of 19
I
Chairperson Schertz: Are there any other questions? 1 see none at this time. We appreciate..,
Mr. Powell: I'm sorry; I do have one. Are you prepared to put this in here without a pole sign? e
Because, if I understood what Mr. Engelbrecht said and what was told to us by staff, if I got that
right, you can't put a pole sign here; so I'm just-is that right? ,
Mr. Engelbrecht: What I was asking staff was that if we could go ahead and add to the motion
such a sign-so that it would be accommodated in the process.
' I
Mr. Powell: I'm for that if that's something we could do. Okay.
Mr. Kurowski: Understand that we do prefer a polz sign for visibility, and as most customers do.
But we would be willing to put a sign on our canopy-not preferable, but I'm going to try to
push for the pule sign. Andjust to spark Donna's memory, the reason we talked about the sign
was we originally wanted to put it out on the ring road. But that would take our lease area all the
way to the end of the ring road to 288, so you had told me that we needed to have our sign within
the leased urea. So, l thought it was addressed.
Nit. Engelbrecht: Now, I would like to make this comment, and I think it is more a comment j
than a question. It seems to me that you are marketing to the Wal-Mart customers.
Mr. Kurowski: Correct.
Nit. Engelbrecht: So, that is the folks that come on to the site. Now, I don't understand why you
need a 23-foot sign when you are marketing to folks on site. If you want to market to the folks
on Loop 288, then put your facility on Loop 288. But a 25-foot sign to me suggests
accommodating or communicating to folks on Loop 288. l don't personally perceive that, and j
I'm willing to look at 6• by 60-foot ground sign, which is what you would get on a similar side
street anywhere in town. But I can't see a pole sign here to accommodate traffic on Loop 288
when you admittedly suggest your market is for the folks that are on Wal-Mart property. '
hit. Kurowski: We'd love to market to as many people as we can.
N 1 ~
Ma Engetbrecht: Well.
Sit. Kurowski: But 1 understand your po~nl, and it Is a point well taken. We're open; it all
depends on the sign ordinances where we can get away with a pole sign...
!
Mr. Engelbrecht: Oh, I understand-I mean, sure, 1
' Sir. Kurowski: I hope you understand that we will
Sir, Engelbrecht: And where you don't have to have any landscaping, you won't put any of that
M
either, right?
34,
I
2S x 10 32XI
t
u
Planning And Zoning Commission Minutes
January 28, 1998
Page 13 of 19
Mr. Kurowski: Painted on.
Mr. Engelbrecht: I'm sorry; you didn't deserve that.
Mr. Kurowski: It's fine. It's late.
Mr. Engelbrecht: That was actually meant for someone else here, you know.
Mr. Kurowski: Sure, we are eery open to doing what the City requires us to do within reason.
And I think that that is reasonable.
Mr. Engelbrecht: Thank you.
Chairperson Schertz: Please.
Mr. Moreno: Yes, thank you. I've made the assumption all evening that you will comply with
all the regulations imposed upon us by the Texas Natural Resource Conservation Commission in
relation to your underground storage tanks and leak detection and tank integrity and tank
tightness and all of that kind of stuff.
Mr. Kurowski: You are correct, and we've already been through that with Decatur and Bryan,
Texas. So we are familiar In, and like we said, exceed all of the requirements, because we we
unattended.
Mr. Moreno: Okay, thank you.
Chairperson SchcrU.: Thank you. Commissioner Oourdie.
Nis. Oourdie: Mr. Kurowski, I was just wondering, what is the name of your company; or what
Is the name we are going to be reading if this goes through?
74 A ° Mr. Kurowski: basically a star-as you can see, we've painted our canopy and facility to look
like the Wal-Mart, and me are tying into their brand. I can assure you that the gasoline is of top I
We're either to be it from our refine Which is actually-the quality. going pulling ry- refinery
used to be owned by Kern10c0ce, and we bought them out in, I think, 1995; either that, or we
exchange on the market-we typically carry Citgo. But, we are unbranded per se.
Ms. Oourdie: So, if I was a consumer of yours, I would, say, go to the star at Wal-Mart for my
gas?
,h. Mr, Kurowski: Go to the gas station at Wal-Mart--correct,
Ms. Courdie: Interesting, okay.
35,
2 i-10 32x10
~arrsw
0
Planning And Zoning Commission Minutes
January 28, 1998
Page 16 of 19
Mr. Kurowski: Actually, this is a concept that actually spread through much of the UK; it is eery
common; it's called ltypermarts. It basically ties in with the concept, with the marketing
concept, that is on that parking lot right now.
Ms. Gourdie: Isn't that confusing with Texaco, though' Aren't they the starwith red and black?
Mr, Kurowski: It's not called the star; it is just a white star with blue background. Just like
the.,.
Ms. Oourdie: 1 thought theirs was yellow; okay, that's fine. I was curious because we are
leaming all new things tonight. This is very interesting, Thank you.
Mr. Kurowski: 1 could tell you about technology that would really interest you.
Chairperson Schertz: Believe it or not, l appreciate it. I think we are through with our questions
right now, and 1 would like to ask if there is anyone else in the audience that would like to speak
in favor-anyone to speak in favor? Anyone to speak in opposition-any opposition? Would
the petitioner care to make any final remarks?
Mr. Kurowski: I think that there have been some very valid concerns brought up here tonight,
but I think it goes for the record that the stations that we have operating In Wal-Mart facilities-
they have done quite well. And I really think that it would be a great benefit to the community.
There are a lot of customers that really like not having to wait In line---especially parents that
have children in the car, and they can pay cash right at the dispenser and leave their children in
the car and be within 10 or 15 feet of them.
Chairperson Schertz: I have a quick question, since you made that comment. What made you
select Denton, I'm just curious; Nnlon's Wei-Mart-when I'm sure there are multiple places
you could have put it? Is it price?
r+1 Mr. Kurowski: We are hindered a little by Wal-Mart in the fact that they provide the sites that
they feel will work for them, They have parking ratios that they have to live within and
Iknton's is quite a large parking lot per the square footage of their building space,
Chairperson Schatz: 1 was just curious. Iknion is certainly in a growth triode, and I didn't
know if it was the price or because you thought so many people were coming to t"71; but
you've answered my question, and it is it reasonable response that I haven't thought of.
Commissioner Apple,
Ms. Apple: If you have already addressed this, I apologize, You have eleven operating stores in • •
the country, flow long has the oldest store been in operation?
~R Mr. Kurowski: Since Slay of 1996,
36.
2. 5 x10 32x!❑
•
. o
4
Planning And Zoning Commission Minutes
January 28, 1998
Page 17 of 19
Ms. Apple Okay, thank you,
Mr. Kurowski: I can give you a little history on that if you want. Okay.
Chairperson Schertz- Commissioner Ganzer?
Nis. Ganzer: You said you had one in Decatur end where else?
Mr. Kurowski: We are building one in Bryan, Texas.
Ms. Ganzer. Have you-do you have one-are those the only two in Texas that you have so far?
Are you looking at Weatherford also or do you know?
Mr. Kurowski; Yeah. No, not at this point.
Chairperson Schertz: An further comments?
Mr. Kurowski: No. I thank you.
I
Chairperson Schertz: We appreciate your time and patience. You got to listen to a rather hot
topic this evening.
Mr. Kurowski: That was interesting as well, i thought we were going to have to plant forty trees
out there.
Chairperson Schertr if you May long enough. At this time, I will close the public hearing, and I
will ask staff for their final remarks, and ask the Commissioners if they have any questions of
Ms. Bateman
Nis. Bateman: 1 guess your-my recommended motion to you would be that you move to
recommend approval with the condition that the lighting and signage be addressed prior to City
Council-, we will work that out with the applicant based on the information that you are providing
• to us tonight; and this will be forwarded on to City Council.
Chairperson Schertz: I have one quick question. There have been a lot of good points brought
up this evening and Commissioner Moreno Is more familiar with that area-and we were talking
about the driving-1 am really going to rely on staff when I ask this question. Is staff
comfortable with the layout and the cars going In and going out and what Commissioner Moreno
was addressing, because I'm not as familiar-or as familiar as I probably should be--to make
this decision. So, I'm going to ask staff tojust confirm that you've pretended you were a car and r
you're a family and you are in Wal-Mart and you are getting gas and you are driving out and
'+~gllRR' everything is fine and it Is 3:00 p.m. w7th a lot of traMe or &DO in the moming?
37.
2 5 x 3 2x~d
0
0
Vrmm
Nanning And Zoning Commission Minutes
January 28, 1998
Page 18 of 19
Ms. Bateman: Do you want to make that one, David?
Mr. Salmon: Of course, we have reviewed this with traffic in mind. I believe that staff is ,
confidant that the applicant has taken all reasonable measures to make sure that there is not going
to be a major traffic conflict on the site or near any of the entrances because of this gas station.
Chairperson Schertz: Okay. Well, 1 appreciate it. I think you know where my concern Is
coming :":a; we have made m :stakes-not we as a Commission or you as u staff, but as the City
of Denton. There are certain areas that if they had been designed better, the traffic would have
flowed better. I just wanted to make sure that we weren't making any mistakes and that you
were comfortable.
Mr. Salmon: The applicant-we originally did have some concerns as the pump islands were
extremely close to the ring road, and cars would have stacked up at the gas pumps, which might
have caused blockage of the ring road. At our request, the applicant did move the pump islands
back probably 20 to 30 feet further away from the ring read-from where they were originally.
So that would provide, you know, room for additional stacking of cars. So, I think they have
done everything within reason to make sure that it is not going to be a problem.
Chairperson Schertz: I really appreciate those comments, and I didn't mean to pick on it. I just
wanted assurance of that, Thank you, Any other questions of Ms. Bateman?
Ms. Bateman: I would like to add, however, that if that canopy was 96 by 193, it would provide
plenty of cover. Sorry.
Mr. Powell: A good shade structure.
I '
Mr, Engelbrecht: Would that substitute for trees?
I
Nis. Bateman: It's that canopy-that canopy thing.
Chairperson Schertz: Thank you. At this time. I would entertain a motion, please,
Mr. Engelbrccht: Madam Chairman, first off, I'd just like to make a comment. 1 would like to
thank the applicant. I know wr asked him a number of questions, and he has been very g,)od-
natured about answering them all. And we appreciate it. Actually, l look forward to seeing this
facility. With that, I will make a motion to approve Case Z,-97-026 with the conditions that, to
be ultimately be worked out with the staff before it goes to Council, recessed lighting and a 6- by
60-foot ground sign locat!on be worked out between the staff and the applicant.
Mr. Powell; Second, ; • r
38,
n
25 :10 32 xI
' o
Planning And Zoning Commission Minutes
January 28, 1998
Page 19 of 19
Chairperson Schatz: Thank you. Motion has been made by Commissioner Engelbrecht and a
second by Commissioner Powell. The floor's now open for discussion, and we will now begin
with Commissioner Gourdie, please.
Ms. Gourdie: I'm just wondering, do we need to specify the size of the sign-because if this
doesn't fit into the conditions that are written by the ordinance, should it just be left up to staff to
work with what's necessary in that area, since she wasn't really sure exactly where we lie
because it is a parking lot.
Nis. Bateman: I'm assuming you are saying 60 square feet, not a 6- by 60-foot.
Air. Engelbrecht, Well, I mean a 6 feet high by 60.
his. Bateman: Square feet?
Sir. Engelbrecht, Right, I'm sorry, I'm sorry. Six feet high, 60 square feet, which is what our
standard sign is for our own street.
Mr, Powell: I'll second your amendment.
Chairperson Schertz: Seeing no further discussion.
Mr. Powell: Oh, l have some,
Chairperson Schcru: But you didn't punch the button.
Mr. Powell: Mr. Moreno had something to say, that is why I hadn't punched the button yet. I've
seconded the motion and plan to vote for it; 1 think it will be a great facility. I can't let it gt
without saying, though, that we must note here that we are passing a structure constructed of the
dreaded metal building-with the dreaded metal siding on it, I want that to be on the record for
future reference-that this is a metal building with metal siding,
Chairperson Schertz, 1 hank you. Any other comments?
Sir, Engelbrecht: Yes, if I might. I would like to suggest it is a metal canopy at best.
Chairperson Schertz: Thank you. 'There has been a motion made and second has been made.
Seeing no further discussion, I will ask everyone to please cast their votes, Voting is complete;
we will now display the voting. It passes 6 to 1 with Commissioner Apple in opposition. Thank
i you. At this time, we have In our records to have a 30-minute break. 1 see up in the audience
that-oh, we have one more? Oh man. We do-1 apologize-I was going to try to inviie you all • •
'aM► to dinner.
'~M~ t'Imnlnpllinu~esM'ortlrtrraxD12r76heml2 dnc ~
39,
?5 K ❑ 32XI
❑
0
n
Agenda No ..~S,JSL~
Agenda Item zr~
Date._ a' 1 ~1- x
AGENDA INFORMATION SHEET
AGENDA DATE; February 17,1998
DEPARTMENT: Parks and Recreation Department
ACM' Michael W. Jez, 349.79251,:
SUBJECT
Consider approval of an ordinance of the City of Denton, Texas, amending Chapter 22 "Parks
and Recreation" of the Code of Ordinances of the City of Denton by adding an Article 111
providing for park land dedication or payment of cash in lieu thereof and payment of park
development fees as a condition to subdivision approval and payment of park development fees
as a condition of building permit issuance in order to provide for necessary park development;
establishing a special fund for money paid for park development; providing a penally in the
amount of $2,000 for violations thereof; providing a severability clause; providing for a ravings
clause and providing for an effective date. j
`
BACKGROUND
At the work session on January 27 h, the City Council directed staff to finalize the subject
ordinance for consideration at a future regular meeting. Subsequently, staff has dcteanined that
the number of lots subject to the park development fee could be Increased if the fee were
assessed at the building permit stage of development, rather than at the final plat stage. The City
Attorney suggested that outside counsel with expertise in planning and zoning matters be
retained to modify the ordinance to accomplish this and to confirm the legal sufficiency of the
ordinance.
Terry Morgan, who was instrumental in the negotiations in the legislature that resulted in the
passage of House Bill 4 (vested rights statute), has reviewed the original drafl of the ordinance.
His suggested revisions are reflected in the attached ordinance. To facilitate your review, we
r have also attached a draft which highlights Mr. Morgan's changes.
Most of Mr. Morgan's revisions are editorial in nature, however we would encourage your
careful review of the new Section 2235 where the substantive changes have been made
ESTIMATED SCHEDULE OF PROJECT
This ordinance will be effective 14 days after adoption of this ordinance.
PRIOR ACTIONIREVIEW
y; The Parks and Recreation Board approved s motion (3.0) to recommend this ordinance at their
regular meeting on November 17, 1997.
Page I
z5xlc 32x10
0
y
MAwlr
FJWAilINFORMATION
The proposed park fees are Intended to fully cover the costs of acquiring 0rd eevetoping the
neighborhood parks required to serve new residents. Collected fees will be deposln+d in special
trust funds until needed for park acquisition and/or development.
EXHI)JITS
• New ordinance (Exhibit 1)
• Previous draft of ordinance (Exhibit 2)
s Minutes of the Parks and Recreation Board Meeting of November 17,1997 (Exhibit 3)
Respectfully submitted,
Ed Hodney, Director Oor
Parks and Recreation department
{ ~ II
1
k / 1
Page 2
X . 32x
0
W1.4ANCB NO.
r
AN ORDINANCE OF THE CrrY OF DI)j%"I'4N, TEXAS, AMENDINO CHAPTER 22
"PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF
DEMON BY ADDINO AN ARTICLE III PROVIDING FOR PARK LAND DEDICATION
OR PAYMENT OF CASH IN LTgU THEREOF AS A CONDITION TO SUBDIVISION PLAT
APPROVAL AND PAYMENT OF PARK DEVELONVENT FEES AS A CONDITION TO
BUILDINO PERMIT ISSUANCE IN ORDER TO Plt OVIDE FOR NECESSARY PARK
DEVELOPMENT; ES rABLISIHNO A SPECIAL FJND PM MONEY PAM FOR PARK
DEVEWPMBNT; MOVMINO A PENALTY IN THE MAXIMUM AMOUNT OF 32,000
FOR VIOLATIONS THEREOF; PROVMINO A SEVERABILITY CLAUSE; PROVIDINO
FOR A SAVINOS CLAUSE AND PROVMM FOR AN BPF =VB DATE.
WHEREAS, the City Council Ax the City of Demoo, Tom has determined that tits
plaltinS of reaidaedal subdivision and developnad of lots results la ae imxeua of population,
vrlddt in turn erata a steed for additional r 4fiborhood pgtk land and park (rttp a merits,
thaseby pW" an inordinate burden on stdWq dty park rtes and Adlltia; and
WHEREAS, the Chy Council flab that It ;s In the public interest to Insure that new
rsrdmtial dsvdope rde in the City of Denton will dedicate sufl9dem land or will otherwlss
provide for the &Wopmeat of park ammitim to m6m the d*wA and need of Agm rsdduks of
the development Ax open space and esighbo&M parks which ooefafe passive or native
recreational area that art reasombly attributable to such new devebpmem; and
WHEREAS, the City Council ramplza that the establishment of public open space In the
form of neighborhood parks is necessary and In the latered of public wftt, and that an effso e
rmdW to provide fbt the same is the Incorporation of procedures for than dedicaion of pant land
and ttioilitlee Into the developrrant process as set Ibnh In the City's devdoptnem m W and
regulations, ordinances and state paw; and
WHEREAS, the City Council hu conducted a public hearing on cite proposed regulations
' contained bersin; NOW THEREFORE,
THE COUNCIL OF THE CrrY OF DEMON, TEXAS HEREBY ORDAINS,
SFCuQN I That the 'Parks and Recreatlon" Chapter of the Cods of ordinances of the
City of Denton, Texas, be and the mme is hereby ar andd by d a addition of & new Article 111.
entitled "Park Dedication", to that hereafter said artlde shall be and reed as follows:
Ile
4Y'
,
a
PARK DEDICATION
ARTICLE III,
Sec. 22-33. PURPOSE.
(a) This Article is adopted to provide recreational areas in the form of neighborhood parks as
a function of subdivision development of the City of Denton. This Article is enacted In
accordance with the home rule powers of the City of Denton granted under the Texas
Constitution, and the statutes of the State of Texas, Including, but not by way of limitation,
V.T.C.A. Local Government Code, §31.071 et. seq. (provisions applicable to home-rule
municipality) and 4212.001 et. seq. (municipal regulation of subdivisions and property
development). It is hereby declared by the City Council that recreational areas in the form
of neighborhood parks are necessary and In the public welfare, end that the only adequate
procedure to provide for same Is by Integrating such a requirement into the procedure for
planning and developing property or subdivisions In the City, whether such development
consists of crew residential construction on vacant land or the addition of new dwelling units
on existing residential land,
(b) Neighborhood parks are those parks providing for a variety of otxdoors recreational
opportunities and within convenlent distances from it majority of the residences to be served
thereby. The primary cost of neighborhood parks should be bome by the ultimate residential
property owners who, by reason of the proximity of their property to such parks, shall be the
primary beneficiaries of such facilities. Therefore, the following requirements are adopted
to effect the purposes stated:
Sec. 2234. DEFINITION OF TERMS.
For purposes of this policy, the following terms shall be defined as follows:
(a) "Developer/Owner" - means the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder of an option or
- contract to purchase, or other person having an enforceable proprietary Interest In such land.
• (b) "Residential Subdivision " - means the division or redivision of land into five (S) or more
lots, tracts, sites or parcels for the purpose of developing residential dwelling units.
(c) "Dwelling Unit" - means a building or portion of abuilding which Is arranged, occupied or
intended to be occupied as living quarters and includes facilities for food preparation and
sleeping.
Page 4
32XI❑
o
1
' r
(d) "Neighborhood Park" • Open space area encompassing five (5) to twenty (20) acres,
Neighborhood parks should provide recreational land for residents within an approximate
one-half (Il2) mile service radius.
(e) "Park Dedication Requirements"- Collectively, dedication and/or construction of park
facilities, in lieu dedication fee and park development fee"
Sec, 22.35. APPLICABILITY
The park dedication requirements of this Article shall apply to every residential subdivision and
every building permit for construction of a dwelling unit approved after the effective date of thls
ordinance, except as hereinafter expressly provided to the contrary,
(a) Land dedication requirements set forth in sec, 22.37 shall not apply to an application for
approval of a preliminary or final plat for a residential subdivision that was initially filed
before the effective date of this ordinance, and which plat has not expired. For all plat
applications fora residential subdivision filed after the effective dateofthisordinance, land
dedication and/or construction requirements for park facilities shall be Imposed at the time
of preliminary plat approval
(b) Requirements for payment of fees in lieu of park land dedication set forth in sec, 22.38 shall
not apply to any final plat for a residential subdivision that was approved prior to the
effective date of this ordinance, nor to any application for a building permit within such
subdivision thereafter filed, provided that no replat is necessary. Fees in lieu of park land
dedication for all other residential subdivisions shall be paid at the time of release of the final
plat for any portion of the subdivision by the City for filing in the Denton County plat
records,
(c) Requirements for park development fees set forth in sec, 22.39 shall not apply to any
application for a building permit In a residential subdivision that was fried prior to the
effective date of this ordinance. Park development fees for all other residential building
permits shall be paid prior to Issuance of such permits,
(d) Following Initial imposition and satisfaction of park dedication requirements, additional
requirements shall apply to revised plat applications for residential subdivisions and to
renewed applications for building permits to construct residential dwellings only if such
revised or renewed application results in an increase in the number of dwelling units. Insuch
case, park dedication requirements then in effect shall apply only to the additional dwelling
units proposed in the application.
• Sec. 22.36. PLANNINO i A
40
Page S '
I
x d 32 X
1
. A~
0
(a) It is the po I icy of the City of Denton iorequire Developer/Owners of residential subdivisions
and lots to provide for park land and park facilities at the time of development approval in
proportion to the need for such improvements created by the developments and in proportion
to the benefits received from contribution,)f such facilities. It is the City's further policy to
impose park dedication requirements consistent with the City's Comprehensive Plan and
officially adopted park and recreation plan,
(b) The City of Denton shall require developers of residential subdivisions or lots to dedicate
land for neighborhood parks, make payment of cash in lieu thereof, make payment of cash
for park development fees or construct recreational or park improvements in lieu thereof, or
require dedication of additional park land, as hereinafter provided, for park purposes to mect
the park and recreational needs as a condition of the development approval The City shal I
have the right, in its sole discretion, to require a combination of park land dedication and/or
payment of cash in lieu thereof, and/or payment of cash for park development fees an(Vor
construction of recreational and park improvements in lieu thereof in order to meet park
dedication requirements,
(c) fhe City of Denton shall base park dedication requirements on the number of persons
expected to reside in a development. The standard for public park land shall be 2.3 acres
per 1,000 population. Foreach residential subdivision, the following formula shall be used
to calculate park land needs:
23 Acres x (No. of Unites (PersonslUnitl - Acres to be dedicated
1,000 population
The number of persons per unit shall be based on both current U.S. Census Information and i
datacompiled by the City and shall be periodically reviewed and updated, , The following
figures represent the average number of persons per unit by current density categories, and
shall be used to calculate park land dedications.
I. Single Family Detached/ Duplex 2.8 Persons/Unit
2, Multi-Family 1.9 Persons/Unit
I i
(d) Park Development Fees shall be baud upon an assumed cost of typical Improvements for
a 1 five (3) acres ncight"rhood park of $208,000. Development costs shall be apportioned
among types of dwellings units and park development Pecs shall be charged in accordance
with the following formula: {
1. Single Family Dwelling; $291
• 2. Multi. Family Dwelling: $187 •
1
Page 6
i
?5 x ~ 32 X I O
0
(e) Where a substantial private park and recreational area is provided in a proposed residential
subdivision and such area Is to be privately owned and maintained by the future residents of
the subdivision, partial credit may be given to the Nveloperlowner, not to exceed SO% of
the total acreaga requirements for land dedication if the City finds that it is in the public
Interest to do so and that all the following standards are met;
(1) 'that yards, court areas, setbacks and other open areas required to be maintained by
the zoning and subdivision rules and regulations ordinances shall not be included in
the computation of such private open space;
(2) Thattheprivateownershipandmaintenanceoftheopenspace isadequately provided
for by recorded agreement, covenants or restrictions;
(3) That the use of the private open space is restricted for park and recreation purposes
by recorded covenant, which runs with the land in favor or future owners of the
property and which cannot be defeated or eliminated without the written consent of
the City or its successors;
(4) That the proposed private open space Is reasonably adaptable for use for park and
recreational purposes, taking Into consideration such factors as sim, shape,
topography, geology, access and location; '
(5) That facilities proposed for the private open space are in substantial accordance with
the provisions of the Comprehensive Plan, Parks and Recreation Plan and other
adopted plans of City; and
I
(6) That the private open space for which credit is given Is a minimum of two (2) acres
and provides a minimum of four (4) of the local park elements listed below, or a
combination of such and other recreational improvements that will meet the specific
recreation park needs of the future residents of the area;
Criteria Litt Credit Acrfs
Children's play apparatus area .50- 73
• Landscape parklike and quiet areas .50-1.00
Family picnic area .25. .75
flame court area .25. ,50
Turf play field 1.00.3.00
,`t Swimming pool (42' X 75') (with adjacent deck and
N lawn areas] .25- .50
a Recreation center building .15 • 2S •
Recreation community gardening AS. .25
r
Page 7
75 x 1❑ 32XIO
•
0
Before credit is given, the City shall make written findings that the above standards
are met.
Sec. 22.37. LAND DEDICATION
(a) Dedication of park land shall be proportional to the number and type of dwelling units
proposed fora residential subdivision. The number of acres of land to be dedicated shall be
determined using the formula in sec. 22-Me).
(b) Where a proposed residential subdivision contains multi-family dwelling units and
Information is not provided concerning the number of such units, the City shall assume the
highest density allowed for the property to determine the projected population for the
development.
(c) The land required to be dedicated or conveyed may be located inside or outside the
subdivision development so long as the land is located within one-half (1/2) to one (1) mile
of the periphery of the development so as io serve or benefit the residents of such subdivision.
(d) The Parks and Recreation Department, based upon review of the preliminary plat, Initially
shall determine the feasibility of park land dedication for a residential subdivision and the
amount of land to be dedicated to the City for neighborhood park purposes, utilizing site ,
selection criteria contained in sec. 22.41. The Department's determination shall be
forwarded to the Denton Department of Planning and Development for processing with the
preliminary plat.
(e) In residential subdivisions which are to be platted in two or more phases, the required park
land dedication, pursuant to thls ordinance, must beprovided in each phase of the subdivision
with one exception. In its sole discretion, the City may authorize the developer to reserve
park land for dedication in subsequent phases of the subdivision by paying Into a City escrow
fund a dollar amount equal to the fees in lieu of dedication otherwise due for the phase under
sec. 22.38. The form and provisions of the escrow agreement shall be approved by the City
Attorney and City Engineer. The escrow funds must be paid to the City prior to the filing of
the first phase final plat and shall be maintained in the escrow fund pending the platting of the
M' project phase that contains the park land to be dedicated. Escrow funds will be returned to
• the developer, without interest, upon the filing of the final plat for the subsequent phase that
dedicates the required park land. In addition, the developer shall dedicate a reversionary
public access easement on the final plat of the initial phase(s) where necessary to provide
effective public access, maintenance and use of any park land to be dedicated.
A
a I
(f) If a replat is filed, the dedication requirements shall be controlled by the regulations In effect
i at the time of original platting, except that land dedication (or fee in lieu of) requirements
then In effect shall be applied to any additional dwelling units proposed for the replat .
1
Page 8
2hKI~ 32x1❑'
o
I
Sec, 22.38, PAYMENT OF FELS IN LIEU OF PARK LAND DEDICATION
(a) If the calculation for required park land within the proposed subdivision development results
In less than five acres or does not meet criteria as per sea 224 1, the Parks and Recreation
Department shall determine the amount ore fee in lieu of park land dedication in accordance
with this section.
(b) The amount of the fee In lieu of park land dedication shall be calculated as follows. The
Department first shall determine the total amount of land required to be dedicated in
accordance with sea22,47, The value of the land shall be calculated m the average
estimated fair market value per acre of the land being subdivided at the time of preliminary
plat approval, reduced by the value of any land actually to be dedicated for park purposes.
The net value of the land otherwise to be dedicated shall be apportioned among the total
number of dwelling units proposed for the residential subdivision and by dwelling unit type,
(c) If the Developer/Owner objects to the fair market value determination, the Developer/Owner,
at his own expense, may obtain an appraisal of the property by a State of Texas certified real
estate appraiser, mutually agreed upon by the City and the Developer/Owner, which appraisal
will be considered by the City in determining fair market value. All costs required to obtain
such appraisal shall be borne by the Developer/Owner.
(d) Park dedication fees shall be Imposed at the time of preliminary plat approval. Fees shall
be paid prior to release by the City of any final plat for filing in the deed records of Denton
County, Park dedication fees established for the preliminary plat shall apply to subsequent
approved final plats for a period of two years from the date of preliminary plat approval by
li
the Planning and Zoning Commission. Thereafter, park dedication fees shall be
redetermined and applied to final plats in accordance with subsection (b), using current
appraised value of land In the subdivision at time of final plat submittal
(e) All fees collected shall be used for the acquisition of land for a neighborhood park, or
development or construction of Improvements to existing park land, within one-half(112) mile
of the periphery of the proposed subdivision development. However, if (I J such acquisition
opportunities are not available, or (2) existing park land Is already developed or improved,
within one•hal ro /2) mile of the proposed subdivision development, then areas within one (1)
mile of the periphery of the proposed subdivision development may be considered for the
acquisition, of neighborhood park land and/or construction of Improvements to existing park
land within such periphery.
Sec, 22.39. PAYMENT OF PARK DEVELOPMENT FEES
(a) Park development fees shall be established for the purpose of funding neighborhood park 0
improvements. Fees shall be proportional to the cost of neighborhood park facilities, the
demand for which Is generated by each new dwelling unit. Fees shall be established
Page 9
25 x1C 32x [I
•
to
separately for single-family and multi-family dwelling units. Current park improvement
costs and park development fees are set forth in sec. 22.36(e).
(b) Park development fees shall be imposed at the time of building permit application and shall
be paid prior to issuance of building permits for the number of dwelling units designated in
the application,
(c) Park development fees shall be expended on park Improvements located in a neighborhood
park that benefits the dwelling unit paying the fee, typically within one-half (112) to one (1)
mile of the subdivision in which the dwelling unit Is located. The criteria for selection of the
park site for improvements shall be the same as set forth in W. 22.41.
(d) The standard costs for development of a neighborhood park as set forth in ¢22.36(d) may be
updated from time to time on the basis of current development costs, and park development
fees shall be adjusted to reflect such updated development costs.
Sec. 22.40. SPECIAL FUND; RIGHT TO REFUND
(a) There is hereby established a special fund for the deposit of all fees In lieu of park land
dedication, collected under this article, which fund shall be known as the park land dedication
fund. Within the fund, fees paid shall be earmarked for acquisition of new neighborhood '
parks or for improvements in existing parks generally located within one-half (112) to one (1)
mile of the residential subdivision upon which the fee is imposed.
(b) There is hereby established a special fund for the deposit of all park development fees {
collected under this article, which fund shall be known as the park development fund. Within 1J
the fund, park development fees paid shall be earmarked for expettditure on park
improvements in aneighborhood park generally located within one-half(1/2) to one (1) mile
of the subdivision in which the dwelling unit for which the fee is paid Is located.
(c) All fees! n lieu of park land dedication and al l park development fees paid must be expended
within ten (10) years from the date of receipt for park facilitles benefltting the residential
subdivision or dwelling unit for which the fees are paid, Fees shall be considered expended
ifthey are spent for acquisition or development, respectively, of neighborhood parks located
within one-half (112) to one (1) mile of the subdivision for which the fees were paid within
the ten-year period. If fees are not expended within such period, the Developer/Ownershall
be entitled to a refund of the principal deposited by the Developer/Owner in such fund,
together with accrued Interest. The Developer/owner must request such refund in writing
within ninety (90) days of entitlement or such right shall be waived.
0 (d) Interest accruing to the park land dedication fund and to the park development fund shall be
44- expended on neighborhood park land acquisition and tot neighborhod park improvements, j
respectively.
Page 10
25 x Ia 32XIII~
nµ
r .
o
Sec, 22.41. SITE SELECTION/CHARACTERISTICS OF PARK
(a) In selecting a site fora park, the City shall avoid an accumulation of uruelated parcels of land
or an accumulation of land unsuitable for park purposes, ,
(b) Parks shall be selected on the basis of obtalning natural, parklike settings where av i (able and
shall consist of diverse topography and open space suitable for the development of
recreational facilities.
(c) Neighborhood park size should be a minimum of five (S) acres and obtained as one complete
parcel. If a development parcel cannot provide the minimum five acre parcel or a smaller
parcel which can potentially be contiguous to existing or future park parcels, then a fee in lieu
of park land or a combination of fee and park land dedication shall be required In accordance
with sec, 22.37.
(d) Park sites shall be located, whenever possible, adjacent to and contiguous with school sitesand
other public or non-profit agency sites In order to make maximum use of common facilities
and grounds.
(c) Careful consideration shall be given to the need for development of parks around natural
drainage and wooded areas, which provide potential recreational uses. Criteria for tloodplain t
areas (based upon 100 year storm) usage is as follows:
I . Floodplain and natural drainage areas shall generally not exceed seventy five (75%)
percent of the total park site.
2. At least fi ny (50%) percent of required dedicated park land shall have slopes in range
of 2.5%, well drained, and suitable for active use development.
3. Floodplain acreage may be dedicated at a ratio of three to one (3:1) in acres in lieu of
non•noodplain property. Any consideration of additional t7oodplain acreage shall be
as agreed upon between the Parks and Recreation Department and the
Developer/Owner.
r Proposed park land boundaries shall provide street frontage for readily accessible entry Into
the park area by the public and water, sanitary sewer and electric Improvements shall be
readily available to the park from an adjacent street right-of-way or public utility easement,
If the DevelopetVwner requests delay in the construction of said improvements because of
phasing of subdivision development, the Developer/Owner shall escrow sufficient funds in
behalf of the City, the form and provisions of such escrow agreement shall be approved by
r the City Attorney and the City Engineer, to cover the cost of such construction es determined ~ . •
44 by the City Engineer.
Page 1 t
2h 3 2x ❑
4
..aware
• p
1
(g) Prior to dedication of land, the DeveloperiOwner shall make full disclosure of the presence
of any hazardous substances and/or underground storage tanks (U.S,T.'s) of which the
Developer/Owner has knowledge. The City, at its discretion, may proceed to conduct such
initial environmental tests and surveys on the land, as it may deem appropriate, and the i
Developer/Owner shall grant to the City and its agents and employees such reasonable access
to the land as Is necessary to conduct such surveys and tests.
(h) If the results of such surveys and tests indicate a reasonable possibility of environmental
contamination or the presence of U,S.Vs, the City may require further survey and tests to be
performed at the Developet/Owner's expense as the City may deem necessary prior to its
acceptance of the dedication, or in the alternative, the Developer/Owner may be required to
Identify alternative property or pay the fees in lieu of such park land dedication.
(i) 'rho park site shall be free of trash and debris and If the dedicated park land's natural
condition Is disturbed during construction of subdivision improvements then
DeveloperlOwnershali be responsible forreturning the dedicated land to its natural condition
prior to or at the time of final plat riling and the public improvements to be constructed per
the applicable subdivision plat will not be accepted by the City until such time that the above
conditions have been met.
Sec. 22.42. DECISION MAKING; APPEALS
Unless otherwise provided herein, an action by the City in determining compliance with the terms
of this article refers to a determination by the Parks and Recreation Department. The
Dcvclopcr/Owncr of land subject to park dedication requirem-.nts may appeal any determination by
the Parks and Recreation Department under this article to the City Council for a final decision. The
appeal shall be in writing and shall be filed with the Planning and Zoning Commission, which shall fI
make it.4 re -t mmendation to the City Council. The City Council will not review the appeal of any
detemrination by the Parks and Recreation Department without first obtaining the recommendation
of the Planning and Zoning Commission, No f nal plat shall be approved by the Planning and Zoning
Commission which varies the terms of this article or which does not comply with the parks and
Recreation Department's determination without final resolution of the appeal by the City Council.
a(:1ION II. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2000.00. Each day that a provision of this ordinance is
violated shall constitute a separate and distinct offense,
o SECTION 111. 'that If any vection, subsection, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereof to any person or circumstances is held invalid by any court
r : of competent Jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such validity.
Poise 12
1
2x10 32xI0
i
•I
•
zsoxer ,
SECTION IV. That save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of Chapter 22 of the Code of Ordinances
shall remain in full force and effect.
SECTION V. That this ordinance shall become effective fourteen (1,I) days from the date of
its passage, and the City Secretary Is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper publishnl in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of _11998.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 13
X 32X~
0
ome
EXHIBIT Z
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 22
"PARKS AND RECREATION' OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON BY ADDING AN ARTICLE III PROVIDING FOR PARK LAND DEDICATION
OR PAYMENT OF CASH TN LIEU THEREOF'AS Aitft",11 f6 $1106" 1
op1AND PAYMENT OF PARK DEVELOPMENT FEES AS A CONDITION TO
SUBDIYIS'0. PL_,T APPROVAL , f# P.Rty "f I § A C~ , IN ORDER TO
PROVIDE FOR NECESSARY PARK DEVELOPMENT; ESTABLISHING A SPECIAL
FUND FOR MONEY PAID FOR PARK DEVELOPMENT; PROVIDING A PENALTY IN
THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDINO A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council for the City of Denton, Texas has determined that the
platting of residential subdivisions bbd devftme»t d[6,14 results in an increase of population,
which in turn creates a need for additional neighborhood park land and park Improvements,
thereby placing an inordinate burden on existing city park sites and facilities; and
WHEREAS, the City Council finds that it is In the public interest to Insure that new
residential developments in the Cirj of Denton will dedicate sufficient land or will otherwise
provide for the development of park amenities t) meet the demand and need of future residents of
the development for open space and neighborhood parks which contain passive or active
recreational areas that are reasonably attributable to such new development; and
WHEREAS, the City Council recognizes that the establishment of public open space in the
form of neighborhood parks is necessary and In the interest of public welfare, and that in efrective
method to provide for the same Is the Incorporation of procedures for the dedication of park land
and facilities Into the platting and development process as set forth in the City's subdivision
development rules and regulations, ordinances and state law; and
WHEREAS, the City Council has conducted a public hearing on the proposed regulations
contained herein; NOW THEREFORE,
• THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
$FCTION I That the "Parks and Recreation" Chapter of the Code of the City of Denton,
Texas, be and the wme is hereby amended by the addition of a new Article Ill. entitled "Park
Dedication", so that hereatler said article shall be and read as follows:
~ltr /
Page 14
25 A0 32XIO
0
I
one"
. I
PARK DEDICATION
ARTICLE 111.
Sec.22-33. PURPOSE.
(a) This Article Is adopted to provide recreational areas in the form of neighborhood parks as a
function of subdivision development of the City of Denton. This Article is enacted in
accordance with the home rule powers of the City of Denton granted under the Texas
Constitution, and the statutes of the State of Texas, including, but not by way of limitation,
V,T.C.A. Local Government Code, §51.071 et. seq. (provisions app'.icable to home-rule
municipality) and 112.001 et seq. (municipal regulation of subdivisions and property
development). It is hereby declared by the City Council that recreational areas in the form
of neighborhood parks are necessary and in the public welfare, and that the only adequate
procedure to provide for same is by integrating such a requirement into the procedure for
planning and developing property or subdivisions In the City, whether such development
consists of new residential construction on vacant land or the addition of new dwelling units
on existing residential land.
(b) Neighborhood parks are those parks providing for a variety of outdoors recreational
opportunities and within convenient distances ftom a ma}ority of the residences to be served
thereby. The primary cost of neighborhood I i rks should lk bome by the ultimate residential
property owners who, by reason of the proximity of their property to such parks, shall be the
primary beneflciades of such facilities. Therefore, the following requirements are adopted to
effect the purposes stated:
Sec. 22-34. DEFINITION OF TERMS.
For purposes of this policy, the following terms shall be defined as follows:
(a) "Developer/Owner" - means the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development Including the holder of an option or
contract to purchase, of other person having an enforceable proprietary interest in such land
J"
(b) "Residential Subdivision Land" - means the division or redivIsion of land into five (5) or more
lots, tracts, sites or parcels for the purpose of developing residential dwelling units.
(c) "Dwelling Units" - means a building or portion or & building which is arranged, occupied or
intended to be occupied as living quarters and Includes facilities for food preparation and
sleeping
•
r (d) "Neighborhood Park" • Open space area encompassing five (5) to twenty (20) acres. is
Neighborhood parks should provide recreational land for residents within an approximate
one-half (112) mile service redius.
Page 15
t 2 10 32 X I
.raaair
0
1
(e)---"Community Park'1-= Open space area encompassing twenty (20) to fifty (50) acres within a
one and a half (I 'A) mile service radius seeing approximately twenty to thirty thousand
(20,00030,000) in population for the purpose of providing both preservation of natural
features within the urban environment and recreational needs on a community-wide basis.
(e) "Park Ded6dori Requ(rer:ients": Collectively, dedication' and/or construction of perk
facilitie3 In I1W 'dedicall6n tee and ptuk development fee."
Sec. 22.35, APPLICABILITY Inew)
The park dedication requirements of this Article shall apply to every residential subdivision
and every building permit for construction ofa dwelling unit approved after the effective date
of this ordinance, except as hereinafter expressly provided to the contrary.
(a) Land dedication requirements set forth in sec. 22.37 shall not apply to an application for
approval of a preliminary or final plat for a residential subdivision that was initially filed before
the effective date of this ordinance, and which plat has not expired. For all plat applications
for a residential subdivision filed after the effective dale of this ordinance, land dedication
and/or construction requirements for park facilities shall be Imposed at the timeofpreliminary
plat approval
(b) Requirements for payment of fees in lieu of park land dedication set forth in sec. 22-38 shall
not apply to any final plat for a residential subdivision that was approved prior to the effective
date of this ordinance, nor to any application for a building permit within such subdivision
thereafter filed, provided that no replat is necessary. Fees in lieu of park land dedication for
all other residential subdivisions shall be paid at the time of release of the final plat for any
portion of the subdivision by the City for filing in the Denton County plat records.
(c) Requirements for park development fees set forth in sec. 22.39 shall not apply to any
application for a building permit in a residential subdivision that was filed prior to the effective
date of this ordinance Park development fees for all other residential building permits shall
be paid prior to issuance of such permits
4 (d) Following initial imposition and satisfaction of park dedication requirements, additional
requirements shall apply to revised plat applications for residential subdivisions and to
renewed applications for building permits to construct residential dwellings only if such
revised or renewed application results in an increase in the number ofdwelling units. In such
case, park dedication requirements then in effect shall apply only to the additional dwelling
units proposed in the application
Sec 22.36. PLANNING
(a) The overall program and full Implementation of the Denton Park Dedication and Fee Policy
!t!~ shall generally follow the City of Demon's Comprehensive Plan and any officially adopted
Page 16
71
75><~ 32X10
s
o -
l
comprehensive parkymd rtettation plan- i 0 "M
ruirreE. Ro
F w ~gd i
irri d ~a dg ate ':,tt ~M t 1~rYq .T.
(b) The City of Denton shall require sidentisl developers of dentiat_~4t~iaititl~i *J911 to
dedicate land for neighborhood parks, make payment of cash in lieu thereof, make pagnent
of cash for park development fees or construct recreational or park improvements°i~i.
or require dedication of additional park land, as hereinafter provided, for park
purposes, to meet the ark and recreational needs as a condition of the platting-process
d p k -Just -as-Und_for-streets; alleys, utility-casements-card-other
improvements directly attributable to the development of a newresidemislneighborhood are
dedicated: The City shall have the right, in its sole discretion, to require a combination of
park land dedication and/or payment of cash in lieu thereof; and/or payment of cash for park
development fees and/or construction of recreational and park Improvements in lieu thereof
to t>sltat rr5dbtnraitf No timtl plat for any pro" ede
fimniiy or multi-ternily shall be filed In the County plat records unless such plat provides for `
a dedication. fees: eosts and/or park and, ec, eat ond improvements aeceptable to City
tlCityafDftbnaAt1!>si~ir~rdddiOti11~n
(c) tmoved from see, 22.371
fotilf sht 6d 1~ f+eaide iii It'bdW~. The standard for public park space
WQ shall be 2 S acres 4p" land per 1,000 population. For each submitted preliminasy/final
plat of a residential subdivision, the following formula shall apply for the calculation of
r3lted tq " park land needs!
21 Acres x (No of Units) x (Persons1UWtl -Acres to be dedicated
1,000 population
The number of persons per unit shall be based on both current U .S. Census information and
p data compiled by the City and shall be periodicity WOW W UOMW. reviewed and
adjusted as necessary. The following figures represent the average number of persons per
unit by current density categories, and shall be used to calculate park land dedications.
1. Single Family Detached/ Duplex 2.8 PersonvUnit
2 kfuiti•Family 18 Persons/Unit
(d) (movtd from set. 22.391 The standard for Park Development Fees shall be based Upon to
Page 17
j
- A]
. 10
32
t9
assumed c6st bf typlcef (mptotibmdnls for a typical five (S) acres neighborhood park is of
$208,000 divided by414 drovelling tmits if single family subdivision or atrd-1;1 I I dwelling
units iftnukhfamily subdnnsion. For each submitted pmliminaryl6nal plat for subdivision
development, the following formula shall apply for calculation of park deveh~pment fees.
(kvetopr bat rostishaft be appordoud unong`; t* of d*eltiegs'tlnits it d ptui
deve 3priteint feet oW bb`ehuged iii adcotdaaee with the following formula';
I Single Family Dwelling: $291 x (No: of knits)-
2. Multi-Family bwe'iling: $187 x (No, of Units) - $ - j
(e) Where a substantial private park and recreational uea is provided in a proposed tbSdeiiN
subdivision and such area is to be privately owned and maintained by the future residents of
the subdivision, partial credit may be given to the Developer/Owner, not to exceed SO% of
against the (0(al id" ' requirements of far land dedication or ps}zrnnt of fees in lieu
thereof(but not in satisfaction of park development fees) if the City finds that it is in the
public interest to do so and that all the following standards are met: j
(1) That yards, court areas, setbacks and other open areas required to be maintained by
the zoning and subdivision rules and regulations ordinances shall not be included in
the computation of such private open space;
(2) That the private ownership and maintenance of the open space Is adequately provided
for by recorded agreement, covenants or restrictions;
(3) That the use of the private open space is restricted for park and recreation purposes
by recorded covenant, which runs with the land in favor or future owners of the
property and which cannot be defeated or eliminated without the written consent or
the City or its successors;
(4) That the proposed private open space is reasonably adaptable for use for park and
recreational purposes, taking into consideration such factors is size, shape,
topography, geology, access and location;
xa (S) That facilities proposed for the private open space are in substantial accordance with
the provisions of the Comprehensive Plan, Parks and Recreation flan and other
adopted plans of City; and
(b) That the private open space for which credit is given is a minimum of two (2) acres
and provides a minimum of four (4) of the local park elements listed below, or a
combination of such and other recreational improvements that will meet the specifle
recreation park needs of the future residents of the area
CritedB Lis Credit Acres
Page t9
25 10 32X I❑
=n.ne~ara
0
I
Children's play apparatus area 50 . .75
Landscape parklike and quiet areas so- 1.00
Family picnic area 25. .73
Game court area 25. Turf playfield 1.00-3.00
Swimming pool (42' X 73') (with adjacent deck and
lawn areas) 23 - ,50
Recreation center building As- .25
Recreation community gardening is - .25
Before credit is given, the City shall make written findings that the above standards
are met.
(d) Should a submitted subdivision developrtunt be located within a previous preliminary or fins!
plat in which park dedication requirements have been met and the submitted plat does not
increase the overall popniation den ft then additional park dedication requirements will be
waived-However, if the submitted subdivision plat reflects an increased population density,
then additional park dedication requirements will be in tffect on the difference in the number
of dwellings-.
(e)---The City shall use park development fees to cover the cost of all improvements, including
streets; water sewer and storm drainage directly related to the park sites:-This includes the
costofhmdseeping andotherimprovementswithin thepark-Howeveradevelope rmtyotTer
to coostnrct perlrimprovements and dedicate these to the City,-rnher than pwpsrk
development fees provided that the City accepts such offer and- reviews acrd approves in
writing the design and proposed construction methods for such facilities- Imoved to sec. 22-
391
(f) . --Any developer; irrespective of the site of the proposed development; who desires (])to pay
a fee or construct public park improvements in lieu of the dedication of park land, or (2) to
dedicate parkland in lieu of the payment of fees hi Nett thereof or in lieu of payment of park
developmem fees; or (3) construct public park imprmen ents in lieu of paying development
fees; may make such proposal to the City Council who may agree to accept the proposal in
n substitution of the Park and Recreation Department recommendation or in substitution of
. some portion thereof. (moved to sec. 22.391 ff
r
Sec 2237. LAND DEDICATION
(a) Any required corrveyance of land from any proposed subdivision residential de-ilopmert %hall
be keyed to the density of the population io be served within the neighborhood,
r r
dedication of park, land shell be proportional to the number and type of dwelling uniti
proposed for ri residential q,bdwts on. The flue" of acres! of land to be dediealed ahall bb ~
Page 19
~j x
X
0
o
`ffg4:i1,~
i
a
deterntined using the formula in sec. 22.36(c),
i
(b) [moved] The standard for public park space shall be -2 5 acres of park land per 1,000
population-For toch-submitted preliminary/final-plat of-a residential subdivision,-the
following formula shall apply for the calculation of park land needs-
- - 5 Acres x(No.-of Uni?s) x (PersonslUnit) - Acres to be dedicated
1,000 population
The number of persons per unit shall be based on both current U. S Census information and
data compiled by the City and shall be reviewed and adjusted as necessary,-The following
figures represent the average number of persons per unit by current density categories, and
shall be used to calculate park land dedications.
Single Family Detached/ Duplex - --2.8 Persons/Unh
Multi-Family 18 Persons/Unit
(b) Where a proposed residential subdivision plat is submitted indicating contains multi-family
residential development dwelling units and information is not provided concerning the number
of dwelling etch units, the City shall assume the highest density allowed to be applied to the
for the property by which to determine projected population in order to determine park
dedication policy requirements to determine the projected population for the developmeot.
(c) The land required to be dedicated or conveyed may be located Inside or outside She subdivision
development so long as the land is located within one-half (112) to one (1) mile of the
periphery of the development so as to serve or benefit the residents of such subdivision.
(d) All determinations of required land dedication shall be based upon review of all preliminary
plats submitted through the City of Denton Department of Planning and Development to the
Parks and Recreation Department - Should the Parks and Recreation Department determine
that approval of the proposed development requim a dedication of park land on the subject
subdivision plat because fees or the construction of park and recreation improvements are not
M feasible, then the Dnroloper/Owner shall provide such dedication on the revised preliminary
plat and final plat in the location required by the Park's and Recreation Department in order
• for the final plat to be approved and filed in the County plat records '
The Parks and Recreation Department, basal upon review of the preliminary plat, hfialty Shah
determine the feasibility of park land dedication for a residential subdivision and the amotnt
of land to be dedicated to the City for neighborhood puk purposes, utilizing site selection
• criteria contained in sec, 22.41, The Department's determination shall be forwarded to the
Denton Department of Planning and Development for processing with the prelimarAry plat. 0 •
(e) In residential subdivisions which are final to be platted in two or more phases, the required
Page 20
sdted• x J5 .
I'M
~I
park land dedication, pursuant to this ordinance, must be provided in each phase of the plat
subdivislon with one exception In its sole diseretign, the City may authorize the developer
may to reserve park land dedication for ded'+caf*n in subsequent phases of the subdivision by
paying into a City escrow fund a dollar amount equal to cash the fees in lieu of dedication t
otherwise due for the Phase under section 22.38: -'The form and provisions of the escrow
agreement shall be approved by the City Attorney and City Engineer The escrow funds must
be paid to the City prior to the filing of the first phase final plat and shall be maintained in the
escrow fund pending the platting of the project phase that contains the required park land
dedication site to be dedicated Escrow funds will be returned to the developer, without
Interest, upon the filing of the final plat for each the subsequent phase that contains the
required park land dedication dedicates the required puk land In addition, the developer shall
dedicate a reversionary public access easement on the finel plat of the initial phase(s) where
necessary to provide effective public access, maintenance and use of any park land to be
dedicated.
(f) Its replat is filed, the dedication requirements shall be controlled by the policy reguiationa in
effect at the time of original platting, except that additional land dedication (or fee in lieu of)
requirements then in effect shall be applied to any additional dwelling units proposed for the
replat shall be required if the actual density of structures constructed on the property Isgreater
than the former assumed density,
Sec, 22.38, PAYNIF.NT OF FEES IN LIEU OF PARK LAND DEDICATION
(a) If the calculation for required park land within the proposed subdivision development results
in less than five (5) acres and of does not meet criteria as per 122-4I(e), the Parks and
Recreation Department may recommend that shall detettnlne the amotliM of a fee in lieu of park
land dedication be required lnaccordance with this section.
(b) 'f he amount of the fee in lieu of park land dedication shall be calculated as follows The
Department firm shall determine the total amount of land required to be dedicated In
accordance with section 22.-31. The value of the land shall be calculated as the sverrga
estimated fair market value per acre of the land being subdivided at the time ofprelintlnity plat
approval, reduced by the value of any land tactually to be dedicated fot park purposes. When
M a f.,-e is required to be paid in lieu of park land dedication, the amount of the fee shall be based
• upon the average estimated fair market value per acre of the land being subdivided or the value
of the land which would otherwise be required to be dedicated according to 422.36(b) and,
if applicable, less a credit for the value ofthe land actually dedicated for park land recreational
purposes - The fair market value shall be as determined by the Parks and Recreation
Department at the time of preliminary plat approval - 'fire net value of the land otherwise to
be dedicated shell be apportioned among the total number of dwelling units proposed for the
+ residential subdivision and by dwelling unit type
0 •
>l, (c) Ifthe Developer/Owner objects to the fair market value determination, the Developer/Owner,
at his oven expense, may obtain an appraisal of the property by as State of Texas certified real
Page 21
.w
estate appraiser, mutual,y agreed upon by the City and the Developer/Owner, which appraisal
will be considered by the City in determining fair market value. All costs required to obtain
such appraisal shall be bome by the Developer/Owner,
(a) oaW'"' Feessstablishe/d~atthetime so~.f+preliminary platsubmi&m
a to 41.
o . ,?.s~ifliae~'t)rtttl pldi;shall apply
to subsequent' Anal plats snbnrinedonrary ortttportiom thereof for a period of two
years ltom the date of preliminary plat approval by the Planning and Zoning Commission.
Subsequent 4nat plat-submittat tRer such two year period d
j
shall be reassessed. new fee values per dweilingunit as per,
p j, using current appraised value ofunplattedsnbdivision
land ~ t at time of final plat submittal.
All fees receivedol1i shall be used for the acquisition of land prteglbCi 0 1
development tnd/orconatnsction of improvements to anew publicparki or development or
construction of improvements to existing park land, within one-half (112) mile of the periphery
of the proposed subdivision development. However, if (1) such acquisition opportunities are
not available, or 121 existing park land is already developed or improved, within one-half (112)
mite of the proposed subdivision development, then areas within one (1) mile of the periphery
of the proposed subdivision development may be considered for the acquisition eaelopment
and/oreomtmttbnofimproveme.I stoanewparkordevelopmentt j,eig far ftic
aadlor construction of improvements to existing park land within such periphery,
(d) All fee payments made in accordance with this policy shall be prorated on aperdwelling unit
charge based on the value of the land as established in subsea ion (c) above times the number
of dwelling units in the phase of the preliminary plat submitted for final pW app. ovak
(Q All required fees shall be paid and received before release of the Anal plat on any or all portions
of the subdivision thereof by the City for tiling in the County plat records:
,
{
1
I,
Page 22
r 2fix10 32XIO
0
I
I,
I ~
I
Sec, 22.39. PAYMENT OF PARK DEVI I VPMENT FEES
(a) Park Development Fees for any proposed subdivision residential development shall be keyed
to the number of dwelling units to be served within $he neighborhood.
Park developm&K feea alittll be bstablialted for the p irpose of fuodir~ neighborhood park
Improvements. Poo sliltU be pioportiona) to the cod of neighborha park ftcilitiea,'tha
demand, for which it gwtehited by each rl4w dwelling unit.. Fees r~,"jl be "d w leparitely
for 1144 Iitrr(y im rfiulti'f lur`ly dwelling unite. Currant p#rk frtptoVCmertt dotal end park
devefdpmeitt feea'a}e'abt t`ortlt to sec, x2.95(e)
(b) --The standard for Park Development Fees for a typical five (S) acres neighborhood park is
$209,000 divided by 714 dwelling units if single family subdivision or and 1;111 dwelling units
if multi-family- subdivision,- For each submitted preliminary/final plat-for subdivision
development; the following formula shall apply for calculation of park development fees.
.--_--1--- Single Family: -$291 x (No: of Units) - S -
- - -2 A1uhr<Family~- S l 97 x (No: of (lnrts) - $ - ,
(c) - Where a subdivision plat is submitted indicating multifamily residential development and
information is not provided concerning the number of dwelling units, the City shall assume the
highest density allowed to be applied to the property by which to determine projected number
of units in order to determine park development fees requirements.
(d) - All determinations of number of dwellings shall be based upon review of all preliminary plats
submitted through the City of Demon Department of Planning and Development to the Parks
and Recreation Department,
(b) Park development fees shall be Imposed at the time of building permit application and "I be
paid prior to Issoence of building ptnrits for the number of dwelling units designated in the
application.
• (c) Park Development Fees revenues may be expended inside or outside the subdivision
development so long as the park site being improved Is located within one-half (1/2) to one
(1) mile of the periphery of the development so as to serve or bereft the residents of such
subdivision: Park development fees shall be expended on park improvements located In a
neighborhood park that benefit! the dwelling unit paying the fee, typically within one-half (112)
to one (l) mile of the subdivislon In which the dwelling unit Is located. The criteria for
• selection of the park site for improvements steal! be the same as set forth in g22.37(b) 41
(f) In subdivisions which are final platted in two or more phases; the required park development
etas` fees, pursuant to this ordinance, must be paid prior to the filing of the final plat for each phase
Page 23
32 x
0
E
of the development in the County plat records.
(g) if a replat is filed, the park development fees shall be controlled by the policy in effect at the
time of original platting, except that additional fees shall be required if the actual number of
dwellings to be constructed in the subdivision is greater than the former assumed dwelling
number:
(h) - Park DoMopment Fees estabi:, •d at the time of preliminary plat submittal shall apply to
subsequent Final plats submitted o z any or all portions thereof for a period of two years from
the date of preliminary plat approval by the Planning and Zoning Commission- Subsequent
Final Plat submittal after such two year period shall be reassessed new fees per dwelling unit
based on the fee per dwelling unit in effi ct at time of Finai Plat submittal
(d) The standard costs for development of a neighborhood park as set forth in §22.38(b) 36(d)
shall may be readjusted annually on the basis of the proportion that the then current United
States Consumer Price Ind" for all urban consumers (CMU) for the Dallas-Fort Worth
geographical region; as compiled by the U. & Department of Labor, Bureau of Labor Statistics
bears to the applicable index at the adoption of this ordinance, unless the City Council by
ordinance emends 122 38(b) updated f}om time to time on the basis ofarrmnt development
costs, and park development fees ahatl be adjusted to reflect such updated development costs.
Sec. 22-40. SPECIAL FUND, RIGHT TO REFUND 1
(a) There is hereby established a special fund for the deposit of all sums paid (1) fees in lieu of
park land dedication and (2) for park development fees collected under this article, which fund
shall be known as the park land dedication fund. Within the fund, fees paid shall be larttmrk6d
for acquisition of new neighborhood parks or for improvements in edsttng parict'generally
located within one-fWf (112) to one (1) mile of the reeldentlat subdivision u`pott which the fee
Is imposed
(b) There is hereby established a special fund for the deposit of all park development feet collected
under this article, which ford shad be known as the park development fund. Within the fund,
perk development feet paid shall be earmarked for expenditure on park Improvements in a
neighborhood park generally located within one-half (112) to one (1) mile of the subdivision
in which the dwelling unit for which the fee Is paid is located.
(c) All fees in lieu of park land dedication and all park development fees received paid must be
expended within ten (10) years from the date of receipt for park facilities benefitting the
residential subdivision or dwelling unit for which the fees ere paid fees shall be considered
expended if they are spent for acquisition of development, respectively, of neighborbood parks
located within one-half (112) to one (1) mile of the subdivislon for which the fees were paid
within the ten-year period. If fees are not expended within such perlod, the Developerl0wner @ •
shall be entitled to a refund of the principal deposited by the Develop.tlOwner in such land,
together with accrued interest. and the City shall retain the interest earned on such principal
i
Page 24
k
f
1
O
i
The Developer/Owner must request such refund in writing within ninety (90) days of
entitlement or such right shall be waived
te) Where fee in fieu-of dedication of park land is applied to privately developed recreational
fscilities;referto §-22.35(c)
(d) lsterest earned on-accumuleedpark-fees and fees-designated fora specific subdivision
development shall be used for additional acquisition and/or as per guidelines set forth in §22-
37(6)
(d) trtta It 4'4 r R t ` =11r c end 4idib~wi lurid krid'to t ~k diy6p t fl►t►~ 544 bf
ezpdrsded l gluisltwit arid tor.rieighbarliod ptrk wprovemdn C
t`v
Sec. 22-4 i. SITE SELECTION/CHARACTERISTICS OF PARK
pavoid in ark purposes. accumulation of unrelated parcels of land
(a) In selecting a site or park, the City shall
or an accumulation lend unsuitable for
and
(b) shParks shall be selected on the basis of all consist f diverse topography and otpen space utufal, suitable for the development of rrecreational
facilities. '
(c) Neighborhood park size should be a minimum of tie (5) acres and obtained as one. complete
parcel. If a development parcel cannot provide the minimum five (5) acre parcel or a smaller
parcel which can potentially be contiguous to existing or future park parcels, then a fee in lieu
of park land or a combination of fee and park land dedication shall be required at the discretion
of the Parks and Recreation Department. hi iitiordiuice petk ecdoft 1247.
(d) Park sites shall be located, whenever possible, adjacent to and contiguous with school sitesand
other public of non-profit agency sites in order to make maximum use of common facilities and
grounds.
(e) Careful consideration shall be given to the need for development of linear parks around natural
drainage and wooded areas, which provide potential recreational uses Criteria for floodplain
areas (based upon 100 year storm) usage is as follows
I, Floodplain and natural drainage areas shall generally not Meed seventy rive (75%)
percent of the total park site
2. At least fifty (SO%) percent of required dedicated park land shall have slopes in tinge
of 2.5%, well drained, and suitable for active use development.
Page 25
~z-
?!i ~ I~ 32x d
1
0
yaw"
3 F'loodplain acreage may be dedicated at a ratio of three to one (3: l) In acres in lieu of
non-tloodplain property. Any consideration of additional floodplain acreage shall be
as agreed upon between the Parks and Recreation Department and the
Developer/Owner,
(l) Proposed park land boundaries shall provide street frontage for readily accessible entry into
the park area by the public and water, sanitary sewer and electric Improvements shall be readily
available to the park ftom an ad}scent street right-of-way or public utility easement If the
6041opeflOwmer ra4Ueati U9y ht the constntction of said Improvements should be delayed
because of phasing of subdivision development, the Developer/Owner shall escrow sufficient
funds in behalf of the City, the form and provisions of such escrow agreement shall be
approved by the City Attorney and the City Engineer, to cover the cost of such construction
as determined by the City Engineer.
(g) Pi tot to dedication of land, the Developer/Owner shall make full disclosure of the presence of
any hazardous substances and/or underground storage tanks (U S.7.'s) of which the
Developer/Owner has knowledge The City, at its discretion, may proceed to conduct such
initlal environmental tests and surveys on the land, as It may deem appropriate, and the
Developer/Owner shall grant to the City and its agents and employees such reasonable access
to the land as is necessary to conduct such surveys and tests.
(h) If the results of such surveys and tests indicate a reasonable possibility of environmental
contamination or the presence of U S T's, the City may require further survey and tests to be
performed at the Developer/Ownees expense as the City may deem necessary print to its
acceptance of the dedication, or in the alternative, the Developer/Owner may be requited to
ldentify alternative property or pay the fees In lieu of such park land dedication
(1) The park site shall be free of trash and debris and if the d0cated park land's natural condition
Is disturbed during construction of subdivision improvements then Developer/Owner shall be
responsible for returning the dedicated land to its natural condition prior to or at the time of
final plat filing and the public improvements to be constructed per the applicable subdivision
plat will not be accepted by the City until such time that the above conditions have been met
k Sec 22.41 INSTALLATION OF PARK IMPROVEMENTS
Installation of park improvements by the City generally will occur when there is!
- 1 A minimum pupvlation of 1,000 or, at the City's discretion, a minimum fifty (9tyr.)
percent build out within the development; and
2 -Availability of funds for such improvement; and
AV 3 Appropriation of maintenance funds for ongoing maintenanceoperations.
Pane 26
2 F) 10 32Y10
0
Sec, 22.42. DECISION MAKING, APPEALS
Unless otherwise provided herein, an action by the City in determining compliance with the terms of
te~`
this article refers to a determination therParks and Recreation Department,
p~ A94M$ 10"1 determination by the Parks and
Recreation Deputmcnt rider this article mrrbe . to tf a Cit Council fora final decision..
j {t The City Council will not review the appeal of an;y
determination by the parka and Recreation Department without first obtaining the recommendmioi
of the Planning and Zoning Commission, No final plat shall be approved by the Planning and Zoning
Commission which varies the terms of this article or which does not compI th, th Parks and
Recreation Department's reeorrtmertdidon it such
variance or overnslirtg of the park's and recreation department reconmtertdation being approved by
the City Council
$jjMQN2, That any person violating any provision ofthlsofdinanceshoal. upon conviction,
be fined a sum not exceeding $2000.00. Each day that a provision of this ordinance is violated shit
constitute a separate and distinct offoiA.
qPCI.ION IlL That if any section, subsection, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereof to any person or circumstances is held Invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enact.-0
such remaining portions despite any such validity,
ffSj10I4 M That save and except as amended hereby, all the provislons, sections,
subsections, paragraphs, sentences, clauses, and phrases of Chapter 22 ofthe Code of Ordinances shall
remain in fall force and effect.
Str CIION V_ That thus ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption ofthis ordinance to be
published twice in the Denton Record•Chronlele, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
'
PASSED AND APPROVED this the day of .1999.
M
r' JACK MILLER, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY Ile
Pegs 27
i 32 x~t1
ffiff
o
I ,
1
BY:
i
APPROVED AS TO IZOAL FORM,
HERBERT L, PROUTY, CITY ATTORNEY
BY. _
F:
i
1
}
Pose sa
tir: ?.5x~ 32Xlo
e
o
EXHIBIT 3
Parks and Recreation Board
November 176 1997
Senior center
Members present: Annie Burroughs, Dalton Gregory, Don Edwards, Tom Reece, anti
Willie Hudspeth.
Staff present: Ed Hodney, Bob Ticknor, Janet Simpson and We McLeod.
Chal man Anale Burroughs called the mating to order a 6:03 p,m.
Awards and Recogrrlrlom. Hodney amounted that the Paris and Recreation Department
received two awards at the Tom Reereadon and Perks Society Conference. The
LM.A.O.I.N.E. Program was awarded "Most Innovaive Program", sod Susan Stone, a
volunteer at the Martin Luther King Center, wu awarded u the "Volunteer Advocate of
the You". The two awards will be submitted to the state annual oonAtence to be held in
much 1998.
Approval of the Mtrarter. The minutes of the October 20, meeting was approved as
distributed by a motion made by Reece and woWW by Edwards.
ACTION MM
1
Park l nd De4cadon Ordinance. Hodney reminded the Board the first draft of the
ordinance WAS presented to the Board on October 166, Hodney reviewed the changes
that were made to reflect the Hoard's concerns and the chaga made by the City's Legal
Department. The cbAges made In the summary are: collected fees must be spent In 10
Yom rather then ! yon; developer may claim prine0al rather than interest alter 10 1
years lrstesd of J yan; park tuner have been deleted; Rinds roues be spent within % mile
(but no more than one le) fi m the subdivislon for acquisition wWor development;
sta Wads were established for credit for private open space; and flue for violating any
provision of the otdleaare.
Hodney said the Board will need to approve the policy, forward it to the Planning and
Zoning Commiulon's for their review, and finally on to City COWKIl for their review
r and approval on 1118/9!.
• Burroughs asked if a commercial land dedladon his been considered. Hodney replied
that It is rare for tides to have a comentelal land dedieadon.
Otegory asked the difference to about land to be dedicated must be located within one
mile of the perlphery, of the development (Sec. 22.36 E.) verses Payment of Pees in Lieu
of Park Land Dedicadoa (Set. 22.37 B). Rodney Wd a provision Is needed for the
required land within 9 mile service radius of the development. e ~
page 29
3210
•
WON"
4
Parks and Recreation Bard Media
November 17, 1997
Page 2
Hodney discussed the formula for calculating the amount of lend to be dedicated. I
OgmY Comm expressed that yank development costs were not a pert of the proposed
fees, and he suggesed changing the formula to Include all development costs of the perk.
Hodney Wd be could work on a revised formula to include all development costs
Involved with park dedication, should the Board so desire,
Reece Awed that he dW not support the mandatory land dedication and that j5% of the
people he Ism spoken with were ant in favor of the policy. Rom oomiousd to my that
the ordirnanoe would deer new builders and homeowners and would piece a lluwW
burden on the Parks and Recreation bepartroent. Reece then sbetaiosd tkom volley on
the policy and tendered his reignWon to the Board. Reece deed that he did not went to
be connected to the taw, and due to personal oommitcamm, he had to resign hom the
Board.
The other Board members Wd they did not share his opinion sot heard the ame
comments from cidnes. Hodney said the ordiasnce would not be a flaaactal burden to
the department.
ACTION: Oregory moved for approvd of the dmh with adjustment of the fee
calculation to include !till cost of acquisition and development. Edwards seconded the
motion. The motion passed with one sbstalnW.
Oredoty asked if lad dedication would apply to a development for which platting had
already been Initiated. Hodney said if the plot is on the boots before the policy Is passed,
then no dedladoo would be required.
Hudspeth arrived at meeting,
DIRECTOR'S REPORT
Council Report on Yosuh Spores. Hodwy reviewed City Council's directed the staff that
, the youth sports groups was not to hAve overlapping of game during April. no games
r. allowed to hart after 8;00 P.M. on school algbti for child" tinder 10 year of age, rmd
the sports smociations were to be Instructed to resolve these lam themselves.
The usoClattons meet with staf Md a new agreement was formed. To representative
sold that they Intended to address City Council directly with say oonoerm regarding the
new schedules.
Pane 30
h
~25 K In 32x
I❑
6f1i1~lM
0
I
r I
-~swnw
I
Agenda No
Agenda Item
AGENDA ]INFORMATION SHEET Date_
I
1\ AGENDA DAM February 17'",1998
DEPARTMENTr Planning & DevOopment
CMIDCMIACK Rlck Svehla
SUBJECT
Hold a public hearing and consider adoption of an ordinance replacing Chapter 31 "Landscaping,
Screening and Tree Preservadon" of the Code of Ordinances of the City of Denton relating to the draft
Interim Landscape Ordinance; providing a criminal penalty in an amount not to exceed $500.00 for
each violation thereof, providing a civil penalty not to exceed $1,000.00 for each day of violation
thereof; providing a severability date; providing a savings clause,, and providing an effective date.
BACKGROUND
City Council has Instructed tuff to proceed with the implementation of several regulatory projects
related to Denton's development codes. Amendments to the sign ordinance were adopted first,
becoming effective in November 1997. The park dedication ordinance was the next topic addressed,
and this new ordinance is currently being reviewed by City Council. The landscape regulations are
next on the schedule for review and revision. The current ordinance has been cited as confusing in
some areas, difficult to enforce, in need of heightened attention to tree preservation, and In need of
increased planting requirements,
Staff has undertaken a relatively new approach to landscape requirements, focusing on the city's
"Urban Forest" instead of individual tree stems. As a result, a draft landscape ordinance has been
prepared that would replace the current ordinance in its entirety, rather than amending existing
requirements. The major principles Involved Include (1) the required designation of the "Limits of
Clearing and Grading" that would prohibit mass site grading and clear-cutting, and (2) the 1120/20
Rule", which requires a minimum of 20 trees per acre and 20% of site area dedicated as planting area.
'these are major changes, but are comparable to other cities' ordinances. The ordinance is also
relatively brief in an effort to make the regulations understandable, and easily administered and
enforced, The draft has been titled as an "Interim" ordinance because flarther changes are anticipated
when street tree requirements are added, Street tree requirements have been temporarily postponed
until a right-of•way strategy can be developed as part of the comprehensive plan.
FST1MATEn SCHEDULE OF PROJECT
A City Council Work Session was held to discuss this item on February 10, A public hearing is
scheduled for February 17'", City Council members may elect to lake action on the draft ordinance
after the public hearing.
PRIOR ACTION/REVIE
A public meeting was held to discuss potential revlsions to the current landscape ordinance on
December 11'x,1997. A summary of meeting comments was included In one of the two packets of
L
32 X
SIMON
1
I
•
I .lfl:~
O
r
review materials recently delivered to City Council members and P&Z Commissioners. The City
Planning and Zoning Commission conducted a Work Session on this item on January 14'x0 1998, and
held a public hearing on January 28'",1998. The P&Z recommended approval of the basic format of
the ordinance by a vote of S - 2. P&Z Commissioners also asked that several Issues identified during
the public hearing be forwarded to City Council for further discussion and deliberations. `
At the February IOh, 1998 City Council Work Session, the following issues were raised,
ISSUE 01 t The penalties for violations of the ordinance should reflect the value of the trees
that are removed illegally, If a maximum line of S$00.00 per day per violation is the only
penalty for the removal of hundreds or even thousands of trees, developers will save money by
ignoring the ordinance requirements,
STAFF RESPONSEr After farther review of Section 31.10 of the draft ordinance, staff
believes that a violation would only be remedied when an anprpved landscape plan is
installed. Once if violation notice has been issued, landscape plan review and approval is
required before landscape Installation is allowed, The landscape plan is reviewed and
approved by the City's Development Review Committee (DRC), and a two to three week
compliance process would be considered typical. Under this scenario, a 20-day delay from
time of violation to date of compliance could be as much as SS00 per day, or a total of
S10,000. Viewed in this manner, City Council members may be more confident that
developers or contractors will respect the ordinance. The legal department has added
provislons that allow for injunctive relief to stop violations as soon as they are discovered. A
provision has also been added that allows the City to Impose a civil penalty not to exceed
$1,000,00 per day that can be imposed in addition to the criminal penalty of a maximum of
$500.00 per day for each violation.
ISSUE 02: Provisions should be made to identify and protect special trees, sometimes called
Afonarch Trees, based upon size, age, unique location, and,'or other factors. Two options were
discussed, with staff under the assumption that Council intended to address only a limited
number of very large Monarch Trees. In the first option, Afonarch trees larger than 36 or 48
inches in diameter could be subject to more stringent removal criteria during landscape plan
review if they are of exceptional quality. In the second option, unusual trees meeting specific
criteria (related to size, health, location, eta) could be protected from removal as a result of
"Monarch Tree" designation,
s, STAFF RESPONSE: A definition of the term Afonarch Tree should be added to the
ordinance as "A tree that has been determined by the Director fof Planning and Development]
to be ofsignlJlcant value because of its specie, slat, age, form, historical signocanct, or other
characteristics. " The ordinance should be revised to allow the nomination of & Monarch Tree
by the Director only during landscape plan review, The nomination would then be confirmed
in writing by the property owner. The property owner would be allowed to appeal a Monarch
Tree nomination through review and final decision of the Planning and Zoning Commission,
r ISSUE kit Irrigation requirements, which are not included In the draft ordinance, were ,
discussed extensively by Council. Water is important to tree survival, and the need for tree
1t.. t watering was not questioned, However, current requirements that t hose bib be located within
1
~ISt1 ! 100 feet of plant materials Is not sympathetic to water conservation objectives. O ter
l irrigation options were discussed, but the Issue of whether or not to require irrigation became
one of owner responsibility, If the Investment made on trees and landscaping are properly
2.
r ?~•'In 32 x 0
•
0
..q Olt,*
valued, irrigation will be voluntarily Installed. If not, the trees or landscape plants will have to
{ be replaced at the owner's cost. I
STAFF RESPONSE: No revisions were made to the draft ordinance, but staff will prepare
information to properly advise developers of the benefits of the use of drought-resistant native
plants and Irrigation methods that conserve water.
ISSUE 04: Although not discussed In detail, staff noted that the Selected Species list would
be improved in time for the February 17`" public hearing,
STAFF RESPONSE: John Cooper of the Texas Agricultural Extension Office, Oven Yost,
Landscape Architect, and Larry Schaapveld, the Ft, Worth office State Urban Forester,
assisted staff in revising the tree list. The revised list Is attached, Staff recommends that the
attached list be used to replace the list In the draft ordinance. Starr also recommends that the
list be used as Indicated to identify the only types of trees eligible for tree credits and Monarch
Tree designation.
ISSUE NS: The Issues raised by the Planning and Zoning Commission on January 20, 1998
led to staff recommendations that were included as February 10, 1998 Work Session
materials for City Council review, The recommendations in the memorandum (Attachment
03) were not discussed by Council members,
STAFF RESPONSE- Staff continues to recommend the changes as originally proposed in
Attachment tit,
The dran landscape ordinance was discussed by the P&Z Commissioners at their February I Ph 1998
meeting. The Commissioners felt that cost comparisons should be provided at the February 17` public
hearing in order to properly assess the ordinance's impact
FISCAL INFORMATION
'Ube draft ordinance will affect all unplatted and undeveloped land located within the City of Denton,
and will Impose plan preparation, plan review, and tree and landscape installation costs as Pori of
project development costs. City owned properly will also he subject to the ordinance as proposed.
Ordinance administration and enforcement costs will be bome by existing personnel, and will Impact
the operations of the Development Review Committee (DRC) and Inspections and Code Enforcement
staff members, The Engineering Department has Indicated that city subdivision regulations and
drainage manuals will require modiflcation if the clearing and grading requirements contained in the
h draft ordinance are adopted.
Staff has now become aware that clearing and grading requirements are not considered to be related to
municipal zoning authority, and can be regulated as a functlon of platting authority within the City W
EV. If Council wishes to pursue such an approach, staff recommends that the City Subdivision
Regulations be amended In the future by transferring clearing and grading permit requirements from
the landscape ordinance to the subdivislon regulations. The Legal Department Is concerned that
expanding the applicability of the clearing and grading regulations may Increase the City's risk that a
regulatory "taking" could be claimed under Section 2007 of the Local Government Code, Certain 0 •
regulatory actions that decrease private property value by 23% or more may constitute a taking. This
taw applies only to regulations that affect property In the ETJ. The Legal Department is 11111
evaluating the legal implications of this matter, but at this time recommends that this Issue be
addressed as part of the Subdivision Regulations. The scope of enforcement would Increase from 60
square miles to 223 square miles, and the Impact of such a change has not yet been evaluated.
10 32XIO
q
I
I
I
EXHIBITS
C
Attachment 01 • Draft Interim Landscape Ordinance,
Attachment M2 • Selected Species List
Attachment 43 • Planning do Zoning Commission Issues: Draft Interim Landscape Ordinance
Respecthlly Submitt
i
~-Du, ez
avid M. Hill
Director of Planning and Development
t
f ~j'+ tt
i,
1
C:Wy DocunxnMUindaeoi GdWwt Aamdc Ink IM I rhtA iW
S,
•
C
~F2'iR9R
ATTACHMENT I
r ORDINANCE NO.
AN ORDINANCE OF THE CITY OP DENfON, TEXAS, AMENDING CHAPTER 31
"LANDSCAPING, SCREENING AND TREE PRESERVATION" CODE OF ORDINANCES
OF THE CITY OF DENTON BY REPEA.TNG CHAPTER 31 AND ADOPTING A NEW
CHAPTER 31 "LANDSCAPE" OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON PROVIDING FOR MANDATORY TREE REQUIREMENT PER ACRE OF
DEVELOPMENT; PROVIDING A MANDATORY MINIMUM PLANTNO AREA FOR ALL
DEVELOPMENT; PROVIDING FOR LIMITS OF CLEARING AND GRADING FOR
DEVELOPMENTS; ESTABLISHING TREE CREDITS FOR THE PRESERVATION OF
TREES; ESTABLISHING REQUIREMENT'S FOR SCREENINO AND LANDSCAPING
REGARDING PARKING LOTS, OUTDOOR STORAGE. AREAS AND BUFFERYARDS;
PROVIDING FOR THE ADMINISTRATION OF TREE INVENTORY PLANS, LANDSCAPE
PLANS AND PLOT PLANS AND FOR ENFORCEMENT OF THE ORDINANCE;
PROVIDING FOR THE ADOPTION OF FEES TO ADMINISTER AND ENFORCE
ORDINACE; PROVIDING A CIVIL PENALTY IN THE MAXIMUM AMOUNT OF
$1,000.00 FOR VIOLATIONS THEREOF; ESTABLISHING A SELECTED SPECIES LIST,
PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE,
WHEREAS, the City Council for the City of Denton, Texas has determined that the continued
growth of the City of Denton to straining the ecological and esthak environments of the City of Denton;
and
WHEREAS, the City Council for the City of Denton, Texas that growth, clear cutting, mass J
grading, and the Increase of impervious surface fend coverage continues to diminish the forests, trees 11
end natural conditions of the City of Donlon; and
WHEREAS, the City Council finds that N Is In the public Interest to insure that new developments
In the City of Denton will help pruervatlon, prolection and enhancement of the ecological and etthetlo
environments of the City; and
WHEREAS, the City Council finds that the current landscaping, screening end tree preservation
ordinance codified in chapter 31 of the Code of Ordinances, City of Denton does not presently meet the
noeds and demands of the City and that chapter 31 of the Code of Ordinances should therefore be
repeated; and
WHEREAS, the City Council reoognites that the establishment of new rules and requletWo for
mandatory tree requirements, mandelory planting areas In developments, limits of grading, landscaping,
and tree preservatlon is necessary and In the Interest of the public welfare, and that an effective method
to provide for the some Is the adoption of a new londecapa ordinance rules end regulations end state low;
and
WHEREAS, the City Council het conducted a public hearing on the proposed regulations
contained herein; NOW THEREFORE, i
2 5 x ;32XIO
0
' o
l
r
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. That the "Landscaping, screening and Tree Preservation " Chapter 31 of She Code of
she City of Denton, Texas, be and she some Is hereby amended by the repeal of Chapter 31 of the Cade of
the City of Donlon, Texas; and "
SECTION II. That of the Code of the City of Denton, Taxes, be and the same 1e hereby amended by
the adoption of a new Chapter 31 of the Code of the City of Denton, Texas, entitled `Landscape', so that
hereafter sold chapter shall be and reed as follows:
ARTICLE I. IN GENERAL
I Sec, 31.1 Short title,
This chapter shall be known and may be cited as the Donlon Landscape Code
E
Sec. 314 Statement of Pw I45e,
The Intent of this article Is to promote the Immediate end long-term public health, sa'sty, economic
slabhi;y and general welfare by establishing and managing the City's urban tree canopy coverage.
This article Is Intended to promote the following general purposes:
(1) Preservation, protection, and enhancement of the ecologlcel and aesthelic attributes of the city.
(2) Ecological stabilization through urban forest management that contributes to the processes of sir
purification, oxygen regeneration, ground water recharge, storm water runoff retardation; and
promotes energy efficiency and water conservation, thereby abating nolse, hest and glare-
(3) Protection, preservation and advancement of the urban forest's appears%$, character and value
that Includes all properties within the community, and that contributes to a strong sense of
neighborhood, community, and quality of life.
(4) Protection and preservatlon of native and specimen vegetal species, their ecosystems and
natural habitats and preventing damage to and unnecessary removal of vegetstlon during the
land development and construction processes.
(5) Acknowledgement that trees and landscaping add value to property, protect public and private
investment to the general benefit of the City and its residents.
. (8) More specifically, this article Is Intended to:
,
a. Protect water resources, flood plains, environmental quality, and the natural and man-made
physicat and visual quality of the City.
b. M4ligate the effects of kmpervlous surface lend coverage by structures end paving that tend to
Increase ambient air temperature and genersle greeter water runoff causing erosion,
flooding, and water Polulbn,
c• Prevent clear-cutting and mess groding of and by encouraging the use of natural terrain for
building silos, end by providing cluster developmenl Incentives.
d. Promote native plant species preservation and reptenlohmenl, and encourage the use of
C drought tolerant and low water usage vegetation,
I
I
?~i 10 32x1
4 ~
0
e. Provide Incentives for tree preservation.
f. Protect and provide wild IIts habitats.
i
g. Require Iendsesping and screening to promote land use compatibility and Improved aesthetic
quality,
h. Promote soil cons"ffon by minimizing natural terroln disturbances, thereby reducing
sedimentation, and air and surface water pollution.
Set, 31.3 Definitions,
Clearing: An Inlentional act to cut down, remove all or a substantial part of, or damage a tree or
other vegetation that will cause the tree or other vegetation to decline and/or dle. Clearing is defined
to include, but not be limited to, chemical, physical, compaction, or greding damage. Clear-cutting Is
a clearing actlvity conducted over rn entire lot.
.
Critical Pool tone: A circular region measured outward from a tree trunk representing the essential
area of the roots that must be maintained or protected fa the tree's survival. A tree's critical root
zone Is measured as one foot of radial distance outward from the trunk for every Inch of tree DBH,
and may be no lees than a radius of eight (8) feel
DBH: Diamelar-at-breast-holght (DSH) Is the tree trunk dlameter measured in Inches at a height of
445 feet above ground level. If a tree splits Into muitiole trunks below the 4% feet level, OBH will be
defined as the turn of each Individual trunk measured at 4Ve feet above ground lovel, or the single
trunk at its most narrow dimension, whichever is greater,
Director. The City of Denton Director of Planning and Development, or the Director's designee.
Drtpflne: The area boneath the canopy of a tree defined by a vertical line extending from the
outermost edges of the tree branches to the ground.
Erosion: The detachment and movement of toll or rock fragmenta, or the wearing away of the lend
surface by water, wind, Ice, or grsvlty.
Qrrding: The mechanical or physical act of disturbing, moving, removing, transferring, or
redistributing soil or earthen surfocee
Otost Lot Area: M arse under public or private propurhr ownership, whose lot lines are described
by plat or dead,
I
Ground Cover, l,ow growing plants, vlnes, or presses that form dense, extensive growth, and have i
a positive effect against toll erosion and sole moisture loss,
Impervious 5urfeeea. A surface that hat been compacted or covered with a layer of material to that
It Is highly reslttant to InRiusilon by water.
I
lam
Limits of Clearing and Orsding with :The boundsries of that area of le d Identified In a landsce
p
n a a
to be subject to toff disturbance or cleared of trees and other vegetation in oonJuncklon ,
proposed development a land use,
Live Planf Materials: 'Llve' plant material, Including presses, annuals, perennials, bulbs, ` •
groundoover, shrubs, and trees are botanical plants that are nourished through the processes of air,
/ water, and soil nutrlents, Planl mal4dols such as, plastic, fibrous, silk or other non-slue materials are
not considered "live' plant materiels,
I
25 10 .32XIE)
n.esoti
0
raltE "
i
E
Outdoor Storage Area: Any area that contains trash collection areas or dumpster refuse containers;
outdoor loading and unloading spaces; docks or outdoor shipping and receiving areas; rutdoor
storage of bulk materials and for parts; or areas regularly used for outdoor repair, outdoor storage
areas of service stations, motor vehicle dealers, or Inspection stations. Temporary construction and
related ectlvihes are excluded from this definition.
Permanent Tree Protection Devices: Structural measures, such as retaining wens or aeration
devices, that are designed to protect the tree and its root systems throughout its lifetime.
Planting Ara: An outdoor area, the surface of which may not be covered by Impervious surface
materials such as asphalt or concrete, nor Dy structures, and devoted entirety to the planting or
construction and maintenance of trees, shrubs, groundoovers, fences, walls, and/or earthen berms.
Temporary Tried Protection Devices., Physical barriers, at least four (4) feet in height, Installed prior
to construction for the purpose of preventing damage to trees. Such devices include snow fencing,
chain link fence, barbed wire fence, vinyl construction fencing or other similar temporary barrier, may
be no less than four feet in height, and non-Intruslve to the tree critical root zone.
Tree Topping: The severe cutting back of limbs to stubs larger than three inches in diameter within
the tree's crown to such a degree that removal of the top canopy disfigures and invites probable
disease to the tree.
Vegetation: All plant life; however, for purposes of this chapter shall be restricted to mean trees,
shrubs, ground cover, and vines with the exception of state and federally protected or endangered
vegetative species which in all cases shall be preserved.
Vehicular Surface Area: Any outdoor off-street area used to store or drive motor vehicles that does
not contain defined off-street parking spaces, Paved areas used for drive-through windows, parking
lot access lanes, or gas station pump lanes are considered to be vehicular surface areas.
See. 31-4 Applicsblllty.
All property located within the city limits of the City of Denton is subject to the provisions of this 9dicle,
Clearing and grading permits shall be required for all property prior to the commencement of clearing
and grading activity. Complete end accepted tree inventory plans shall be required prior to
preliminary plat approval, Approved landscape plans, which may also demonstrate satisfactory
clearing and grading requirements than be required prior to final plot approval. Approved plot plans j
shall be required prior to Issuance of building permits, and inspected for compliance prior to final
inspection ondlor issuance of the certificate of occupancy,
The requirements of this chapter will cease to be in effect upon the Satisfactory completion of the final
inspection for single-family and duplex residential dwellings. for any other land uses, previously
platted lots shall be subject to the provisions of this chapter when one of the following omrs,
(1) Remodeling or redevelopment Is proposed that would expand existing gross floor area of the
lot's structure or structures by twenty-five (25) percent or more; or 1
(2) Parking lot(s) or vehicular surface area(s) Improvements are proposed, which would result In
an Impervious surface expansion of twenty-five (25) percent or greater, or would result In
knpervious surface reconstruction amounting to twenty-five (25) percent or greater.
i
8.
~5 D 32x O
0
Sec. 31-S Exclusions.
Property being actively used for agricultural, ranching, or livestock production and serves as the
source of primary Income for the ownerAessee Is exempt from the provisions of this article. A clearing
and grading permit must be submitted, without charge to the applicant, to serve as declaration of
exemption from this article. Property Identified In the permit is excluded from any other land uses,
other than those defined In this section, for a period of no less than 5 years from the date of issuance
of the clearing and grading permit.
ARTICLE II. TREE kND LAND PROVISIONS
See. 31.6 General Provisions.
(1) Tree Requirements
a. Trees: AA property shall provide trees at a ratio of twenty (20) trees per acre (4300 square
feet), or one (1) tree per 2,178 square feet of gross lot area.
b. AM trees planted to satisfy the tree standards must be a minimum of three (3) Inches in
diameter at breast height (OBH),
c. At trees planted to meet the requirements of this section must be listed on the Selected
Species List. No trees with a maxlmum mature height of twenty-five (25) feet or greater may
be planted within twenty-five (25) feet, measured horizontally, from the nearest overhead
utility line.
(2) Land Requirements
a. planting Area: All property shall reserve as planting area a minimum of twenty (20) percent of
gross lot area
b. Limits Clearing and Grading, The limits of clearing and grading shall be designated on the
approved landscape plan prior to commencement or any construction activity. The limits of
clearing and grading shall designate the outermost edge of the area within which the existing
topography Is to be altered by cutting, filling, and vegetation removal. The extent of land
disturbance shall be minimized, and shall accommodate only the following activities:
1. Street construction and necessary slope construction. However, such clearing shall meet
the criteria of the City
2. Public service or utility easements and rights-of-way. This shell Include areas for utility
line :tallation with any temporary construction easements necessary for such
instal: rkin and easements for maintenance access. These easements shall not be
cleared prior to actual line Installation. Temporary construction easements shall be
located to minimize soil disturbance and tree removal,
3. Building rout coverage area and ancillary structures, such as covered patios and
porches, plus up to 10 feet on all sides for construction ectivlty.
4. Driveways, alleys, walkways, parking lots, and other land area necessary to the
installation of the proposed development or use. Other necessary land area may Include
area for tennis courts, swimming pools, and related structures and uses.
5. Area for septic field as required by the Utility Department. This shall not Include area
necessary for reserve lines until such time as the reserve lines must be Installed.
6. Sediment basins. Only the area necessary for the construction of the dam, the area In
0 which sediment will collect, and the area necessary for construction and maintenance of
the basin shall be cleared of vegetation, Configuration of the basin shall use natural O
terroln as much as possible to minimize vegetation removal. Any vegelatkm that dies as
a result of the deposit of sediment andlor debris shall be removed by the property owner.
/ 7. Detention ponds. Only the area necessary for the construction of the dam and the area
necessary for construction and maintenance of the pond shall be cleared of vegetation.
9.
32 X
P~ ( Y
+t
0
Configuration of the pond shall use natural terrain as much as possible to minimize
vegetation removal. Any vegetation that dies as a result of the deposition of sediment
and/or debris shall be removed by the property owner.
8. Other types of construction, or land activity associated with construction, not listed In
items 1 through 7 (above), that are necessary for the reasonable completion of the
project.
(3) Street Trees (reserved section)
Pending Comprehensive, Won cdmplodon; this section serves as'M;1katkn that the dhy, of
Denton lnfends to tmpfemenf street free requirements h the rtiar future Cdy rigltfs,' Wsy
Shad be Used lo;lnsfoll $Wisi trees; stieef trees may he used k demons(rife donrptlsrtce iGfrh
the 20 frees per acle standard (t?action 31*1)@), frtrf adjecetd Dhy ►ightsct way rrfay nd be
used as credit toward the 26% plandfno area requlrero: of (Sec1(on 31-6(2}aj. '
(4) Tres Credits
a. Preservation of existing trees may be used to receive credit toward meeting the Tree
Standard of 20 trees per acre, H the trees are healthy and without substantial damage or
defect. Tree credits shall be earned In the followling increments:
08H of 12 Inch ~ as~e area Credits
8 t 1.0
12+ to 24 Inches 1.5
24+ to 38 Inches 10
38+ Inches 2.5
b. Tree credits may not be earned for preservation of existing trees located on land required '
to be dedicated for public right-of-way or easement purposes, unless the property owner can
demonstrate the ability to protect the credited trees by way of restrictive covenant or other
legal Instrument considered satisfactory by the City Attorney.
c. Tree Credit Protection Measures: Tree credits will not be permitted unless temporary tree
protection devices are Installed at least to the limit of the critical root zone or the dripnno,
whichever Is greater, during construction activity. The following activities shall be prohibited
within the limits of the critical root zone or dripline of any tree being preserved for credit:
1. Physical Damage: Any physical damage to a tree preserved for credit that Is considered
to place the survival of the tree In doubt shall be eliminated as a credited tree. Tree
lopping Is prohibited for trees preserved for credit.
2. Equipment Cleaning and Liquid Disposal; No equipment shall be cleaned or other liquids
deposited or allowed to row overland within the limits of the critical root zone of a
protected or monarch tree. This includes paint, oil, solvents, asphalt, concrete, mortaf,
tar or similar materials.
3. Grade Changes: No grade changes (cut or fill) shall be allowed within the limits of the
critical root zone of any protected tree unless adequate construction methods are
approved by the Director of Planning and Development.
4. Impervious Paving! No paving with asphalt, concrete or other Impervious materials In a
manner which may reasonably be expected to kill a tree than be placed within the limits
r of the critical root zone of a protected tree, unless othenNse specified within this orllds, 0
6. Material Storage: No materials Intended for use In constructlon or waste materials
accumulated due to excavation or demolnbn shall be placed within the limns of the '
critical root zone of any protected tree.
S0.
~Q 32x d
I
e
0
r 6, Tree Attachments: No signs, wires or other attachments, other than those of a protective
nature shalt be attached to any protected or monarch tree.
7. Vehicular Traffic, No vehicular andlor construction equipment traffic, parking, or storage
shall take place within the limits of the critical root zone of any protected tree other than
on existing street pavement. This restriction does not apply to single Incident access
within the critical root zone for purposes of clearing underbrush, establishing the building
pad and associated lot grading, vehicular access necessary for routine utility
maintenance or emergency restoration of utility service or routine mowing operations.
(5) Residential subdivisions
a. Residential subdivisions may demonstrate compliance with the 20 trees per acre
Tree Standard by calculating the average number of trees per we for the area
contained within the entire subdivision.
b. If a residential subdivision achleves an average of 30 or more trees per acre by
reserving open space to be dedicated to the City, Including land required by tha
City's park dedication ordinance, or to be maintained by a homeowners' essoclatlon,
minimum lot size may be reduced by ten (10) percent in order to realize the
maximum density allowed within the zoning district.
(6) Public Property
e. An lands owned as individual lots by governmental entitles are subject to the
provisions of this article to the extent allowed by law. The City of Denton appreciates
the participation of federal, state, county, and other jurisdictions in the management
of the City's tree cover.
b. Construction Projects located within Public Rights-of-Way and Easements: The area
defined by project limit lines will be used to determine tree standard compliance,
Trees removed must be replaced on the same basis used to calculate tree credits. If
replacement trees cannot be planted within the project area, they must be planted
within areas designated by the Director and consistent with city open space plans.
(7) Functional Requirements
a. View Obstructions: All landscaping, trees and screening devices required by this article than
be constructed, Installed and maintained so as not to obstruct the view of motorists between
the street and the access drives and parking aisles near the street yard entries and extls, nor
^ shall any landscaping which creates an obstruction or view be located in the radius of any
curb return.
b. Traffic Barriers: An planting areas, Including critical root zones around trees and those used
for parking lot screening and interior landscaping areas, which abut any parking tit or
vehicular area shall be protected with verbs, parking blocks or similar barrlars sufficient to
protect vegetation from vehicular Intrusion,
C. Plant and Planting Quality Conformance: An plant materials, Including replacement trees,
i shall be specified and planted with plants Writ; the standards of the most recently published R
version of the American Standards for Nursery Stock by the American Association of
lr, Nurserymen. NI plants shall be clearly tagged by the providing nursery for easy inspection
{t with the Botanical Name.
11.
OEM
- - 25*10 32x10
•
umauaa
O
ARTICLE Ill. LANDSCAPE REQUIREMENTS
Sec. 31-7 PARKING LOT LANDSCAPING.
(1) Parking Lot Screening and Landscaping
a. Perimeter Screenh ! Any parking lot or portion thereof that is visible from the public right
of way and contains 10 parking spaces or more shall provide perimeter screening, The
perimeter of each parking tot, excluding driveways, which fronts upon or is adjacent to a
public skeet other than a public alley shall be provided with shrub screening with a
minimum mature height of Ihirty-six (36) Inches and installation height of eighteen (18)
inches or greater, and spaced no more than twenty-four (24) Inches apart edge to edge.
The use of berms and planter walls will be allowed to contribute to Installation and mature
height requirements. The slope of any earthen berm shall not exceed one foot of height
for each three feet In width.
b. Interior Landscaping: Any parking lot or portion thereof which is constructed and
contains forty (40) parking spaces or more shah provide permanently landscaped areas
consisting of Islands, peninsulas, medians or adjacent planting areas. One canopy tree
shall be provided for every fifteen (15) parking spaces, and one shrub will be required for
every five (5) parking spaces. At least fifty (50) square feet of planting area shall be
provided for each required tree, and no parking space shall be located more than fifty
(50) feet from the trunk of a tree. All interior landscaped areas shall be covered by trees,
shrubs, or ground cover.
c. Compliance with tree and land reoulrement: The trees or planting areas used to comply i
with the parking lot screening and landscaping requirements contained In this section
may also be used to demonstrate compliance with the 20 trees per acre standard and the
20 percent planting area lot requirements contained In this chapter,
d, Distribution of landuaoed areas The required landscaped areas for parking lots shall be
more or less evenly distributed throughout the parking lot, although adjustments may be
approved by the department, where the shape or site of the parking lot, the location of
existing trees or other natural constraints reasonably prevent such distribution.
e. Vehicular Surface Areas! Vehicular surface areas (VSA) must comply with the
requirements of this section. Perimeter screening Is required as indicated In Section 31-
7(a)1. interior landscaping requirements shall be met by providing one tree per 4,500
square feet of VSA, and one shrub per 1,500 square feet of VSA, Tree canopy cover
shall be evenly distributed throughout the VSA
(2) Outdoor Storage Arts Screening
i a. Any outdoor storage area, or portion thereof, must be screened from public rights-of-way
using live evergreen screening plants, six (6) feet in height at installation, spaced no
more than eighteen (16) Itches apart, edge to edge.
b. A fence or wall may also be used rot outdoor storage area screening, provided It Is at
least slx (6) feel tall, opaque, and of masonry, stone, or wooden material, or of the some
material as that of the principal !wilding. Dumpster enclosure openings may not face
public rights-of-wey unless they are gated. 1)
(3) Sufferysrds
a. SuNerysrds shall be required under the following conditions:
12. '
AKRE: x l0 32x1❑
I
0
~sasrs
r 1. Multi-family uses shall buffer when adjacent to single family or attached housing
uses.
2. Commercial uses shall buffer when adjacent to single-family, attached housing.
multi-family , and lesser commercial uses.
3. Industrial uses shall buffer when adjacent to any use, including lesser industrial
uses.
b. Where City code requires the Installation of a bufferyard between residential and
nonresidential land uses, plant materials or fencing may be used to provide the required
buffer within the ten (10) feet wide required yard as described In Sections 31.7(1) and 31-
7(2).
See. 31.8 Mslatensnce
(1) Maintenance Requirements
a. The property owner or his/her agent shah be responsible for the maintenance, repair and
replacement of all preserved vegetation and landscaping plants and materials as may be
required by the provisions of this article. Once the final Inspection has been completed for a
single-family or duplex residential dwelling, the requirements of this article no longer apply.
b. All plant material and planting areas shall be tended and maintained In a healthy growing
condition, replaced when necessary end kept free of refuse and debris.
b. Fences, walls, gates and any other outdoor structures shall be maintained In good repair,
Openings within the barriers may be required by the Director for accessibility to an area for r
necessary public maintenance.
(2) Irrigation Requirements (reserved section)
ARTICLE IV, ADNIMISTRATION REVIEW AND PER11,11TTINC
Sec. 31-9 Administration, Review snd Permlllinp.
(1) Plan Submissions
a. Tree Inventory Plan
After the effective dal(' of this ordinance, no preliminary plat may be approved without the
submission and acceptance of a tree Inventory plan, The tree Inventory plan shall delineate
site trees by type, size and species. An Inventory map shall delineate tree cover by
identifying all stands of trees with similar characteristics, such as specle, and defined as
areas which Include the outer perimeter of the dripline of individual trees. Notation shall be
included Indicating the range of height and DBH of trees within the areas, the predominant
species within the areas, end the general appearance of the trees with regard to health,
b. Landscape Plan
The owner of any property to which this ankle applies shall submit a landscape plan In the
form and manner specified by the Planning and Development Department before the
appfcval of the final plat. This plan can be Combined with the tree inventory plan. The fD
landscape plan shall contain sufficient detail, as spealed by the department, to show me
following-
1. The location of all existing or proposed subdivision Improvements, buildings and
impervious surfaces; residential subdivision landscape plans may substitute limits of /
13. '
10 32xID
s
• o
i
i
clearing and grading designations for individual lots instead of detailed building location
and Impervious surface Information until the time that a plot pian Is required;
2. The Timits of clearing and grading proposed for the project
3. The locs3on, size, species, and health of all existing trees intended to be used for tree
credit purposes, Including tree credit calculations and the methods proposed to pomply
with preservation requirements;
4. The location, size, and species of all new trees required to meet the Tree Standard of 20 f
trees per acre, Including the calculations that show how exiting and new trees will comply
with the ordinance;
5, When the perimeter and/or Internal landscaping requirements for parking lots apply, the
size and location of the parking lot(s), the number and striping of parking spaces, the
calculations that show how many trees and shrubs are required, the location of required
plantings and planting areas, the Illustration of tree canopies as 50-feet wide redlus
circles;
8. When the property is required to provide screening outdoor storage areas, the
location and specillcatlon of screening materials;
7. When the property is required to provide bufferyards, the location and specification of
bufferyard materials;
6. Such other Information, as specified by the department, as may be reasonably
necessary to administer and enforce the provisions of this article. i
Review and Approval of the Landscape Plan.
The Planning and Development Department shall determine the completeness of the
submitted Landscape Plan within two (2) working days. The plan will be referred to the
development review committee for Its review and approval. The committee shall return the
plan to the department noting thereon its approval or disapproval. If disapproved, the
committee shall specify the reasons why the plan does not comply with the provisions of this
article.
c. Plot plan
Before the approval of any building permit applkation a plot plan must be submitted, A plot
plan for residential, multi-family, wmmercial or Industrial use must be consistent with the
Landscape Plan and It must show the limits of grading and clearance for building construction
and Impervious surface Installation. It shall also Indicate specific lot drainage patterns, the
location of any trees preserved for credit on the approved landscape plan, trees to be
removed, protection measures for preserved trees, and new trees to be planted. For projects
with detailed site, landscape, and construction documents, the plot plan requirement may be
waived where all Information has been previously provided.
See, 31.10 Enforcement, Penaldn, and Fees
~ It! BondlCash DeposiL
In lieu of installation of the landscape materials prior to occupancy, the applicant may
post a bond acceptable to the City, conditioned upon satisfactory Installation of the
landscaping proposed in the landscape plan.
(2) Penalties
That any person violating any provision of this ordinance shall, upon conviction, be fined
a sum not exceeding $500.00. Each day that a provlslon of this ordinance Is violated
shall constitute a separate and distinct offense.
14.
2h 3?x Q
sr•~ssnc
0
I
Sec. 3141 Clvit Remedies
J
(i) Nothing in this chapter shall be construed as a waiver of the City's right to bring a Civil
action to enforce the provisions of this chapter and to seek remed" as allowed by law,
Including but not limited to the following:
a. Injunctive relief to prevent specific conduct that violates the ordinance of to
require specft conduct that Is necessary for compliance with the ordinance, I
b. A civil penalty up to $1,000.00 a day when it ;s shown that the defendant was
actually notftd of the provisions of the ordinance and after recelving notice
committed acts In violation of the ordinance or failed to lake action necessary for
compliance with the ordinance.
See. 31.17 Appeals
Unless otherwise provided, an action by the City In determining compliance with the terms of this
article refers to a determination by the Planning & Development Department or the Development
Review Committee (DRC). The Devetoperlowner of land sub)ect to the requirements of this
chaplet may appeal any determination by the Planning d Development Department or the
Development Review Committee under this chapter to the City Council for a final decision. The
appeal shall be In writing and shall be filed with the Planning and Zoning Commission, which shall
make its recommendation to the City Council. The City Council will not review the appeal of any
delermination by the Planning 8 Development Department or the Development Review
Committee without first obtaining the recommendation of the Planning and Zoning Commission.
No plat or permit shall be approved by the Planning and Zoning Commission which varies the
terms of this chapter or which does not comply with the Planning 8 Development Department or
Development Review Committee's determination without final resolution of the appeal by the City
Council,
C_ Sec. 31.13 Fees
The City Council may adopt a fee or fees, in the amount to be established by ordinerwa, to
administer and enforce the provisions of this Chapter.
Sec, 3141 Conflicting Ordinintes
All ordinances or parts of ordinances In face when the provisiona of this ordinance become
effective which are inconsistent or In conflict with the terms or provisions contained in this
ordinance are hereby repealed to the extent of the confilcl.
See, 31.1 S Selected Specla List.
BOTANICAL NAME COMMON NAME NATIVE
_ PLANT
TREE LIST:
Acacia roomerlana Roomer Acacia e
Acacia small1i Hulseche I
Acacia wrlghtii Wright Acacia s
Acer grandidentatum 81glooth Maple s
Arbutus xalafensts Teas Madrone s * •
Bumelia lanuginosa Chmamwood s
Carya Blinocensls Pecan •
F Collis tsevigala Sugerberry •
Cattle retioulata Netleef Hackbarry ♦ l
15, '
2.5 x 10 32XI❑
I ~ .
Cards conadenals Y. "Canadensis" Redbud 4
Cards consdenais v. `Texensls" Taxes Ill s
Cercocarpus montanus Mountain Mahogany •
Cercocorpus montanus v. "Argenteus" Silverleaf Mountain Mahogany •
Chilopsis Ilnearis Desert WNlow •
Chionanthus vlrglnica Fringe Tree
Cordia Florida Wild Olive
Cotinus obovatus American Smoketree
Cretaegus dougleell Black Hawthorn •
Cretaegus troceyi Tracy Hawthorn Cupressus arizonice Arizona Cypress s
Diospyros texana Taxes Persimmon s
Eysenhardtle texone Kidneywood s
Fraxlnus americans White Ash •
Fraxlnus cuspldota Fragrant Ash 0
Fraxlnus texensis Texas Ash 4
Ilex decidus Possumhaw Hotly s
Ilex opaoe American Holly
flex vomitorls Yeupon Holy
Juglans major Arizona Walnut
Juglans microcsrpa Nogaiito
Juglans nfgra Block Walnut
Juniperus ashel Ashe Juniper 1
Juniperus flacdda Weeping Juniper s
Juniperus monosperma Cherry Stone Juniper s
Juniperus pinchottl Pinchot Juniper •
Juniperus scopulorurn Rocky Mountain Juniper •
Juniperus vfrginiana Red Cedar •
Uquktamber styraciflors Sweet Gum •
Morus mierophylls Texas Mulberry f
Myrice cerifers Southern Wax Myrtle s [
Myrlca heterophylle Evergreen Bayberry Nysss sylvablaa Black Gum
Parkinsonle sculeate Retems •
Pinus ponderosa Ponderosa Pine •
Pinus strobiformis Southwestern White Pine s
Pistacia lexana Taxes PMacho s
Pithecolloblum flexicauie Texas Ebony s
Platanus oceldentalis glabreta Texas Sycamore 6
Populus sergentil Palms Cottonwood s
Prosopsis gtandulosa Mesquite s
Prosopsis pubescens Screwbean
Prunus anguslifolio Chickasaw Plum •
Prunus carclinlana Cherry Laurel
Prunus mexlcans Mexican Plum •
Prunus serotino Bieck Cherry • 1
Prunus vkginiana Chokecherry •
Overcus elbe White Oak 1 '
Ouercus falcate Southern Red Oak e
W., Overcus fusiformis Escarpment Llva Oak s
Quercus macrocarps But Oak e
Overcus mohriana Mohr Oak e
I
16.
I
2F
K10 32X
ear..
•
n yi l.le
. .rv Venn
Quercus muehlenbergll Chinkapln Oak
Querus phellos Willow Oak •
Quercus sinuata Y.'Brevitoba" Bigelow Oak ♦
Quercus shumardil Shumard Oak ♦
Ouereus texana Texas Red Oak •
Quercus Arginiana (hybrids) Uve Oak ♦
Rhamnus earoliniene Carolina Buckthom
Rhus globs Scarlel Sumac •
Rhus lanceoials PraIM Ftameleaf Sumac ♦
Rhus microphylla Desert Sumac ♦
Rhus vlrens Evergreen Sumac ♦
Salix emygdaloldes Peschleaf Willow ♦
Sapindus saponaris v.'Drummondi' Western Sospberry ♦ l
Sophore affinis Eves Necklaoe Tree
Sophors securifto Texas Mountain Laurel •
U,mus slats Winged Elm
Ulmus amerleeria Amerlren Elm •
Ulmus creseifoila Ceder Elm •
Ulmus rubs Slippery Elm ♦
Ungnadle specloso Mexican Buckeye ♦
Viburnum rurdulum Rusty Bleckhevv • _
SECTION att. Thai any person violating any pnNision of this ordinance sba1L upon eonvktioo, be loud a ours
not exceeding 8300.00. Each day thal a provision of this ordinance is violated shall constitute a separate and distinct
offense, SECTION [V. That if any section, subsection, Paragraph, sentence, clause, phrase or word In this
ordinance, or application thereof to any person or circumstances is held iavalid by any court of competent
jurisdiction, such holding shalt not affect the validity of the remaining portions of this ordinance, and the City
council of the city of Fenton, Texas hereby declares it would have enacted such rermining portions despite any
such validity,
SECTION Y, That this ordinance shall become effective rourteen (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
Recotd•C'hronicle, a daily ns• spaper published in the City of Denton. Texas, within ten (10) days of the date of Its
passsga
a~
I PASSED AND APPROVED NO the _ day of , 1998.
JACK MILLER, MAYOR
ATTEST:
i JENNIFER WALTERS, CITY SECRETARY ' •
C 8Y. !
17. '
x Oa 32xl
I
ISM
r •
i
I
rn'.r .r . .ww±»,i u'-/hnz nf~81C"r1'6rMr+n
I
I
I
APPROVED AS TO LEGAL FORM:
{ HERBERT L. PROUTY, CITY ATTOWEY
r
BY:
I
jj
1
r~l
r
1 r I
ie.
A \ 1 a
x Cl 32XI[
1 JA
•
:r+axr
O
ATTACHMENT 2
Selected Species List
La and Medium Tre•u
Common Name Botanical Name Native Haight i Exi&Ung Sr
Ndth Tr4t4 Credit T
Caddo maple eer barbatum 'Caddo' W x 40' • M
Bigtooth Maple Ater ranCrdentatum • 50' x 30' • M Prima +
Texas Buckeye Aesaulus a to • 30' x 20'
Chiltamwood Bumefla tams nose • 40'x30' am
Pecan Carl atlnomnsls ♦ 60'x60' 4 M
Blade Hkkory Ca a lexana ba x 50' #M
DeodarCedar Cil daodara 40' x 30
Arril n Smdketree Comas oboial 30x20' .
Leyland Cypress Cu e! ans Mil 40' x 1 S 4 M Prima
Arizona Cu ssus artzulcl 4 35'x20' 4
Texas Perlin Dios NS texana • 30' x 24 M
Common Persimmon D a W Inlana 30' x 30' 4
While Ash Fraxinus amencana • 60' x So' 4 M
Texas Ash Fraxinus taxenals • 50' 14U • M PAMN
Thornless Hare locust Gleditaia Mancanthos Inerri 4 80' 180' • Fill Priftq
N onto Awtans inlorocarpa 30 x 20'
Black Walnut Ju tau ni • a0' x 60'
Red Cedar Juniperuevtrptniana 4 40'x 10'
Canaerl Juniper Juni etas vi 'niana'Canaervl' 30 x 20'
Sweet Gum L uldamber styraciflons ouli 4 80'x40' • M Printery
Osage Orange Madun pomifera *Par%' 50' x 40 4
Fmleass White Mulberry Maus all I r l 35'm 40'
Teus Mulbe Maus Nbra 4 40' x 40'
Black um N a e Ival • 50' x 25'
Af an Pine Piflys eldarfu 40' x 20' 4
Austnan" Pinus Ni ra 40' x 25' • J
ci lnese Pistache Pislachia Chinese 40' x 30' 4 Accent
London ll Tree Platanue aunlolla 50' x 35' • Pry
Sycamore Platanus Occidental auPovars 70' x 63' a
Cottonwood P lue 0e11101de• nulavan 60'x 40'
Flowering Pear P no cane ana'Aftatocear 30'm 20' Accent
50'Mooth Oak Ouarws 8=116I1,712 60' x 50' 4 M
Escanl Live Oak Guercus sl avas • 40' x 40' 4 M Prima
Lacey Oak Ouercus avoada 50' x 45' 4 M
Bur Oak Overcus rink l a • 60' x AT ♦ M
Cnln a 'n Oak Ouercw muehlenbe a 4 M' x 40' • M Porrafry
Water Oak Guercua Noire 4 50' x 47 4 M
Willow Oak Ouaras Phil ad' x 30' • M Prime
Shumard Oak OVercUl shumard 4 TO x SO' 4 M ma
Post Oak Gvercue Well our x 45 4 M
Texas Red Oak Guerdua lexane 4 30'x30' • M
Coasts Live Oak Ouerous vir Intane culWU! 4 6o' x 80' 4 M
40'x30'
W'ee n WVIk7w Satlx Day les
Western Soa a Indus as area v, •ONrtxrandk' • x 20' • M
Bald rase Taxodlum dislOum _ 60' x 30' • M
Uttleacaf Unden TA cerdala 65' x 4tr • PA
Winged Elm LamOa slata • 35 K'40 o m Pena
Artkrfcan Etm Ulm $ amerrrana • 70 x 70' 4 M
Cedar Em Vows aasVolls 4 59 x 43' • M Prime
Lacebark EIm Umus 2641l 60' x SS
Slippery Elm ISMS Nbra • TO' x 00 • M
Note. Tree credit Is limited to those specie Indicated In the Existing Tree Credit column,
(M) Indicates the only species which are eligible for Monarch Tree designation. Q
19. '
32 x Q
;~,lmaualli .
O
selected Species List
MontI BOW! Trees And Lehi Shrubs •s: i r:. "
Common Name Botantest NarM Native ►"Pq t Exbtinq t+
Width Trea CredN TrN t:
Roomer Acacia wto roemeAus 15 x 15'
W ht Acada ACSCIS Wfightli • 1S 115'
Ja anae maple Aar Imamm WUYSrs 15,119, 1 M
Scarlet Bucks Aaalus via 5' x 20' .
Texas Madrona Arbutus xols MSIS ♦ 25' s 20' 1
Lemon 9otlebrwh CelltstemMd w IF? IV
27 x 15'
We m Catllttemorl "E1704116
a 186oN•Dru 8 tas regal SU - ♦ 25' 125'
UtUe-leof Pilo Verde Ce tldlum 17115
denel! atlvan • 25' a ZO r
ROM CON COMA
Oklahoma Redbud Cards conoder;,l lexansis 27 M 15' M Aaxint
'OklehMw'
t Pana' Redbud - CwFI caradenals'Faaet sM 20' x 15, i
Texas Redbud Cards cs"WalS texent4r • 2W x 27
Oxcart " Ch 1fwsN t W it 15'
Texas Peralnvuan Doe roe exams ♦ 2S' x 20
Kdtisywood E atria tabh a • 27 a 12'
Fre rant Nh Frazlnus CUs • 1 S x 17
Neroe R. Stevens rid ax uronum Tr.lte R boons ' 2V x IF
27 x 15
Bu ad Aam
Mx Momuts'Buadl'
POeeum w taxd e - 1 15'x10
vo Von Noll Uex vdmiloll a+Rivafa • vama! 1 Accoot
WOOPIM p9n sex yomllofla'Pandub' 171 '
Foster NOm N2 IsexxtnenUata'F !em'l12 25 4S
Mite Jun x Juni Na aehel 25' x 15'
Rock MOUntaln Jun; r Juni s trig forum 07 115'
Oddenraln Tree KOSPOUNNl nldulata Z ' 1 15'
Ga M rye Ls2entroemla klma taNvanl 1S x 10' • AOanl -
FIOWem Cuba a Molw h o Cullvars 27127
Soumem Wax roe M am ra 1 IS' x 17 • M
Rod TIPholnla Pholnfa aeon 115'
'
nose Ma PhOMta eorrulata 27 K I D
Ja anHe Bledt Pine Pvxn 0wnbe II 27 V
TO a! PlstaCha Plsbda cnineneb • 27 x 15'
Grdilna P±M unl PNnw amanlons 1 25' x 1S 1 M
Mexican turn rums mezkAnl ♦ - x 2S' AOmni
=F13== a m us neb ,
CardtthOm Rhlmnw CAM MlsnS 1 27 x 7 '
Smooth 12C Rnw abre I
Flomo-leaf umaC Rhus lenaolata 27115
Eve! NK*Wcs Tree a nh • 27 x IF t Ji.
Neddaa as Stenos 27 x S
Eve $
Texs! MuUntain LSurel eerund"s 15' 1 5
Mexican Budceys Un2nada apedoa~ _ 1 x 27 1
Rw Bladrhsw Vidmlum • 'x?D". '
Vtex Vitex woeatul 1 15'027 ♦ M
Note: Tree credit is limited to Nose specie Indicated M the Existing Tree Credit Column.
(M) Indicates the only Species Which ere aligble for Monarch Tree deslgnallonw,
20,
5X10 32x O
p
4
i
I .;ale7W1O
O
Selected Specles List
{ Shrubs
Common Name 901enleal Name Hef ht 6 Width
Goss ADeda AbaGa randidag cuMven wow
Edward GoucAer Abena ADells erfndiraa'EQwud Gotunhef S' x
Prestress "Dena ADen1 MMO(I'Prostrata' Y k 7
Ja anise Acuba cube a 4' x 4'
'
Pu telearBarbe Berbera Ingibe II'Atrc rei 5' X4
m Ba Bete's flwribe ll Vinson m 7 x 7
Comson Pygrmy Barba Berbers thunbe 'Crrreon 2x 1.S'
Japanese Bexwdod ONUS mICroDAyRaJaDonICALMITan} ICx70'
Beau be Callia s omerk a 40' a b'
BuflonDusA G A11an5ws ocGdenhrq b' z 6
Dwart Fkwerln Outnce CnaenaMlea a nka Texa! Scorer 0' x
Flewer QUMCA CAaenorl e T x b'
Rou of DV*OM Comus drumrnondil 8' x S'
Pa ofGra!! CorudeMfenang te' Tt
CDtoneaster Cotonfasler cud;varsvarea
Ebblr4sSMftrfY EMa s x fbben M 10 x 5'
Ja eneaf Aralla Fatale a MA 10' x 10'
Forsythia Fon la x h mrwia b' x v
H reum H edam hell 7' x 3'
Needle nt Hod Ilex eomuts - b' z w
Narf Burford HOMY/ Ilex eomuta 'Burfordl Nana' U x 4'
Ceriala Had Ilex camuts'Corill 4' x b'
Dwarf Hanel Hod Ilex oomuts'Rofunda 4' x 4'
Wilson }kd nex mmula Wismar 5' x 5'
OWaA Js nesf Hod flex aenata'COm seta' 4' x 4'
Honer Ja aMSe lids ilex CreMta'Henerr Y x 4'
Owen Yavpon HonY lex yomikra mars'
Dwarf PRITer Junipar Junlperuf tltIMMlI!'Pnttenna raw
fch'
Juni n,s CAIneME!'Pet2araM' S' x 50'
Pftzef juniper
S Vasa Junl Juni M cMneMle'Bluf Vass' b' x 4'
Snore Junl r Junl rue conhrg 7 x 4'
Ja anese Gordon Juniper Juntperuf peoeurnbaM, 716'
Dwad Cra e M rtla L ntroemh fndla cudivars 8'x4*
Prostrate C*04 rtlf le nA.erNg uMia Ialtlvan) W X 7'
Lantana Lantana 'euiuvarsvaMs
Texas Sage Uu hum Wascens CAVgn varea
VaMe aced Cl Ill LI ustrum siMase Varlale' T' x T'
Giant Lk10 ROD@ enteo "z T
WTils Fbna suckle Lonkgn awflofs 4' x f
LeadlOMa MaAOnla MaAania Deal 4' z 3'
vita momoris trdWars 5's A'
Nandins _Nandina domesea cuMvars rgrel
Compact Nandins NandEM danee5a'Can acu' W X V
Dwarf NandEM NandlM d"91CA id it Dwarf Y '
F 'N
a one 'angle unla nnaturn ana' 6' x 4'
. FIge.1h aanma Gu1WN,1 YIMI
a not Sumac Rnuf aromabce
Rosema Roemarnua a rL,e,'<ufan Bh1f' 1'
7 x 3'
uvender Corson onlonnl gAva a)
b'
Brldalwreath 6 rea Soiree done it
Vannoufle b ins 5 ire z rIn110u YI z 6'
C4ralp0 S ervwIstu
Wood Fern TMt tens Its ' x 7
416" a
Ile
21.
y. 32x~❑'
r fWalMard '
V
Selected Species List
GrourldcoyerslBeddlne Plante
Common Name Botanical Name
Cast iron Plant As le la4ra eeoor
Huge Herb Cd tdU u! Value
Trumpet Cree r Ca sis radians
Dalla Grego Odes are II
Wntercrec r ~ Euon m~usloAUnei
Snort JUMI f Jun'oerus eonrena -
Cree In Juniper -Juni Ins Aorttonlans wMvars
Japanese Gordon Juniper Juni ful mbsM aaware
Trallln lentaM Lan tans nl0nevldenfis
L A Lkl a eullig
Mondo Grass C i 5503011 a Itua WDVIre
Virginia Creeper Parthenocesus ul uslo9a
ECore1Oe S OAU OAiWIatU!
Aslatlt lesmlM TrecMlo rmum 0eilsam
Penwinkle VinU ma 8 mInIN
vlme ~ ~ '
Common Name Botanical Name
Coral Vine 6An-_ 14Gnp 1e us
Cross VM ~ U orb
Trumpet V1M Cam it sdirana
Carotina Snalesed Vine Cotwus Uromus
Carolina Jessamine Gelsefaum lam eMrens
I Hedera K ars
'
HaTs Honeysuckle LonlCera JOPOnICS Millions
Corsi Honeysuckle Lamorm b Mren!
Boston Ivy PariNnoc esu! Vicu7 dab
Cnam enel Gra Vltd aaRdna rind mar
Grope Vine YNs winAIVA
Jo aneWsleIA WsbAs90nbunda
Chinesees W~atena WsbAl lirlenlls
GresseWOmamental Grnur
Common Name Botanical Name
& Bluestem Amdr on reran ,
Silver Bluestem eaotl arddes
Buffalo Grass Buchlos d del
Reed Gress fa roetla •
Intend Sea Oats ChasmaniAlum bVtosum
Pam s se CoNMena Islam
lertgn Gras Nualus
grass EAlndws l nbu!
6 arcane Plume o
Wars missnlnus 1
Malden Grass Misanthus sinami/'Grsdllknul' ,
zebra Grass M santhus late e'2etMnus'
Van ted Ja anew BIMt Gras! Mlsan" line aA fu!'
Pu Is MuA Mumanbe a sN
Llndhelmell uriMuAlen
See uh uMenW A reverrlwnl
Dwa FWnbl A nAlleNnt s n.
Pu ld Fountal ass Psnneelum ser"um'Rubm
FCuntai se. PelWsetum 400,
Blad artlboo bch
• Little Bluestein Urn
Ile,
22.
4. "Q 32 1❑
x
e
o
:aa:ts$
Ssdectaild Specl*s List
Peronnlale
Common Name 801AM l Name
Acanthus Acanthus MWis
Hall hark Alca210 IM
Ul -of-die-Nile A anthuf
yarrow Achim
Bu leweed u a!
Amarenthus Amarantnus Moolar
Bluestar `r Amsonla f
Bu Iota MOM Teas God ColumAlne A~eQp d~sanms v.'Hlnkleyana' _
~lMlilla
Wvmwwd
Milkweed Ascwe last .
W id Inds Be st$ s
Brunnera Brunneragoo.
Caladium annual Caladium ahMnl
Canna canna x enTron!
Psdwlnkle annual CsrlMranmus row4
Shasta Daisy Cn ssnihemum maximum
Colswort C MDe cord e `
Drocus Docus !
Maxlcan HeaNer annaat C hash Ions -
Bleeding Heal DEanvls .
Conenawer Echlrncea pAwrtj
Banenwol E Imedium f
Texas Blueban Eultoma ndiOONm
Oe lil HemeratalU t .
H15" osuft oe
Rose Marlow
Hoela Hotta !
Card uR IDOnf fe Nlnnf
Ins iris s h Ads
Linters Lontanaf .
Lavender Lavanduls
Sea Lavender Lknorflum 5D0.
i
AI slum Lobulli "WOMI
Lupine Lu Inus App
Loosteelfe L slmachlal .
Turk'! Ca Maivowmi l skoreus i 'DrumondP
Blackfoot Daily Wolof
Bee Bilm Monards did ma
Gra H acinlh MWUn sm.
Daffodil Narcissus! .
Catminl Ne Opp.
Oxafis (Wood S"I Oxalls Cross)
fj
Rock Rose Pavonla IN
Russian Sa Perovskla lVl kidll
,w Thln Phlox a ale ,
Obedient Plant Physosteds NrolniRna
'
o(oman'f ! POWWOW s m.
KnoWeed P um
-
Mote Rose (snnuall PodallG anv4lqm
Dn eldt PafendMlf .
Lux ImoMM
Igloea Dale R44 dile tDD. _
Mexican Petunia 00,
goat JP94
Lavender Conon Sent*
O
r M6.9,61.1-ills, w__-
Goldenrod SdWflas
na oeoldentsN /
/ s kterwon; 1-77
e B `~rardDeetef
oVroea Ver kel ,
23,
F 1n 32XIn
f,,,ae
ATTACHMENT 3 I
Commission Issues:
C Draft I
Ordinance
r
9ubjecti Draft Interim Landscape Ordinances
Planning & Zoning commission Issues
Public Hearing: January 7.•,1998
Recommendation: Approved (5.2), with selected Issues to be forwarded to
City Council for issrther consideration
The City of Denton Planning and Zoning Commission recommended approval of the Drell Interim Landscape
Ordinance by a vote of 5 - 2, wlh the condition that the Wowing issues be presented to ft City Coundi for further
mnsMarstion:
Potential Requlrem*nts Not Included In Draft Ordinance
During the staff presentabon, PSZ Commissioners were Intoned that some features found In other cities' ordinances
were not included in the City of Denlon drag These features are listed below:
■ Underground Irrigaoo-Mater Source
■ Alemative WNW"
■ innovative Design Credits
■ Prolected Tree Sae
s Tree RoscenwvIvit4stion
a Tree Removal PermR
}s
4 Installation Required Prior to Docupa%y
■ Ummed irrigator
■ Registered Landscape kchled
■ Bond+Deposit Required for kutaleGon and Raosooment
■ DesignatedLendsce"Administrator onStaff
r
McB hUidsaspe Wmanos Dk Issues fli a Pape t
24. SxIC~ 32x
1
'
i
C
Definitions
■ ISSUE: Lknits of OesrN and Grading requirements were haled in the wrong section of the draft
ord'xtance• .
STAFF ACTION: Staff observed that regufdory language was placed lnapproprietey in the definitions
section. The 'Limns of Cleo" and Grodxb' requirements have been moved Into the body of the
ordinance. A'LI mils of Clearing end GrsdlrW definition will be retained, but will be much skmpier in
content.
i ,
Applicability
■ ISSUE: Questions ware asked regarding the appkability to exlssng development end what changes
would trigger ordinance requirements. Staff responded that properties that would expand by more than
25%, In terms of aWw gross floor area or Impervious surface reconstruction, would be required to comply
with the draft ordinance.
RESULT: No revisions were requested. j
r ISSUE: Requirements for add+tions, PdZ Convrrissioners asked why the actual figure of 12596' that
the 2596 threshoid was estimated to be the breaking point between the dernk'an of what constituted a
"mirror' versus a'major'redevelopment or expansion.
r RESULT: No revisions were requested,
l Exclusions
■ ISSUE: A PdZ Commissioner noticed that the exemption section may be Improperly worded, and
may contain a loophole that would walve the landscape reputations for toad production bushesses. Staff
agreed wrei this observation.
STAFF ACTION: Exempted land uses have been redefined in the draft ordirrence.
I
General Provislonslotherlectlona
■ ISSUE: P&Z Commissioners asked for more Information regarding the uss of the Urban Forest
standard and definitions,
STAFF RESPONSE: information was provided as requesfed, and Is IndvdW In the City Council Work
Seasion review, materials (Exhibit 0).
r ISSUE: PdZ Corxnisslonent asked loses how tlN draft ordhanos would krfW diftei typos of
site sixes end land uses, WM spedfb reference lo land was that typically eorlskt large psr%V ereea,
C such as strip tartvtterclal plazas or car deaters, Corroarlson plus and d" were prowled to illustrate
e Page 2 i
250
'
2h=1 32 x~~
•
p
• I
the effect of the landscape standards on Individual aiies. A chart Indicating planting area requirements
and Impervious surface characteristics was provided to allow comparisons of the relative limped of the
draft ordinance.
STAFF RESPONSE: The earns plans and charts shown to the PdZ are included for Cry Council review.
An additional site plan has been prepared Indicalkng the elfed of Cie o-aft ordinance on an existing
retalVcommerctat site with a large partying lot PdZ suggested too Aloerttiin's supermarket located on
University Drive as a pos Ve example, and staff has prepared comparison cite plans as requested.
re ISSUE: Mr. John Cooper of the Texas Agricultural Extension Service (TAES) provided Plant material
lists at the meetkng.
STAFF RESPONSE: Staff will prepare a cunwiative plant list to Include plant materials from the TAES
plant lists and the Native Plant Society Cysts, The list wll be prepared for pubho hearing review, and
comment at the February I T'' City Council meeting.
■ ISSUE: John Cooper suggested that a nnx of tree plantings be required to avoid Urban Forest
devastation that can occur when blight or disease attacks a single specbs.
STAFF RECOMMENDATION: The folowing requirement should be included In the ordinance:
Species Dlvershy Requfremenls • The following minimum requirements shall apply to any landscape plan
to avoid monoculture disease or blight tree loss:
Total Site Trees: 10.19 Maxknum Percentage of Any One Species: 50%
Total Sie Trees: 20-39 Maxknum Percentage of Any One Species: 35%
Total Site Trees: 40.59 Maximum Percentage of Arty One Species: 25%
Total Site Trees: 60 a more Maximum Percentage of Any One Species: 16%
■ ISSUE: John Cooper also provided Information and suggestions regarding soli conservation. He
Bald there was a need for topsoil stockpiling and advantageous rase In, post-construction planting areas.
Sol surveys and soil testing are very helpful to determine soils types, sai'nily, texture, pH level and other
matters important to plant health. Mr. Cooper recommended an 1&frxl lopsol bass for all planting
areas,
STAFF RECOMMENDATION: The folowing requirements should be added to retain soli resources and
ensure proper planting and plant maintenance practices, and an be added to the draft ordinarnce in
appropriate sections:
r 1) TOPSOIL; To the maximum extent feasible, topsol that is removed during construction activity than
landsaping.
be conserved for later use on areas requiring
2) PLANT QUALITY: M plant materials that be specified and planted using the most owent puWisha
standards of the American Association of Nurserymen's,
plants that be dearly lagged by the provld'vng suppler or nursery wlh the botanical name of the plant
3) INSTALLATION: M landscaping " be Instated according to sound horlialWrel Viacom In a
manner designed to ancourage quick eslablehmenl and has" growth.
r
# POP 3
26.
K10 32xiq
•
r
0
4) MAINTENANCE: An required elements shown on the approved landscape plan shall be malntalned
free from broken limbs, disease, pests, weeds and liner, end an landscape structures such as fences
and watls shall be repaired and replaced periodically to maintain a structurally sound condition.
5) REPLACEMENT: Any landscape element that is diseased, dies, or is otherwise removed, sharl be
promptly replaced based an the requirements of this article.
Staff does not recommend mandatory soft testing or sort amendments,
■ ISSUE: Several PAZ Comm sslonen were concerned that btabon Issues had not been resolved.
Jahn Cooper stressed that a 3-year growth period with water would firmly establish new plant survival and
health. Many commissioners were oo Aaw that trees h Denton need water to surv%v, but the most
cornmonly employed Irrigation method is sprinklers, which may cootredlct water conservation objectives.
Questions were asked about the cost of underground Irrigation, parWaIV when service to parking lot
ptant!ng Istands Is required.
STAFF ACTION: Staff has begun research on eibmative WWt on methods and coals. Other cities will
be can tacked to obtain further Irrigation Information. The results of stall research *11 be evetiable at the
February le, 1998 Qj Courri Work Session.
■ ISSUE: Although the urban forest approach was reviewed favorably by the PAZ Commissioners,
concerns were expressed that without streetyard requirement, landscape Installation between street
curbs and Wilding facades might not occur.
STAFF RECOMMENDATION: Staff fads it* mimmn bulldog setback regkAtments, oombhed with 20%
planting area and Increased parkY+g lot landscaping requirements, we exert pressure to use front yards for `
landscape and tree Installation. Further curbside Improvements will be ochleved when street tree
requirements we enacted. Streetydrd requirements can be reestablished in the draft ordinance If desired
by City Coxcil, but they are d0ficult 10 defns and enforce consistently, Design review is also an
alternative that can be consideree but such review processes require Interpretation, end consume time
and resources, Staff has been trying to avoid complicated requirements and standards that involve
Interpretive discretion.
to ISSUE: The P b Z Commissioners were concerned that a tree removal permits are no longer
required in the dran ordinance, and that this may decrease the likelihood of trees being preserved, II
STAFF RECOMMENDATION: Staff discussed the concept behind the 11rnne of C" and GradirlV, I
and the Intent to prevent the unnecessary disturbance or removal of sort, plants, and trees. The formal of i
the ordinance Is Intended to shift regulatory emphasis from the removal or preservation of frees on a
stem-by-stem basis to one 0 land stewardship, soli oonservetion, and urban forest management.
Outside of the approved fimits of clearing and grading, tree removal Is prohibllsd. The required tree
• Inventory provides a public record of the trees outside the nmbb of clearing and grading, thereby providrng
a tool for Inspoctions end enforcement
The Citys Development Review Committee (DRC) b Identified as the body responsible for review and
approval of required landscape plans. Additional guidance for DRC landscape plan evaluation would
Imp ova the draft ordinance, as follows:
• In evaluating the proposed Lknh of Clewing and W M the Development Review C"Iflee shoo
determine that reasonable construction design pinctplss, preckm and Installation techniques have • •
been employed to minimize one areas subjected to disturbance.
C '
a Page 4
27.
25 k 10 32x O
I' aarrsas
■ ISSUE: The p1JZ ComnlmWws raised questions about the knead of new staff administration and
/ enforcement respormUMee caused by the droll ordinance. J
STAFF RESPONSE: The rrAm of tree Inventory plans and landscape plans will be handled by existing 11
Planning DMalon staff and DRC members. The Engineering Dsparbnent will also need to work W h
Inspections staff to ensure proper coordination of drainage review procedures when plot plans one
submftted for Indivlduxrl she. Drainage flow information will be "Ved on plat phone lo make"review
task eeler. Enforcement A be fee difficult k"of clearing and Wing we required to be flagged on
the conshmSon a% Instead of trying to determine where hndWoW protected trees we located,
■ ISSUE: A P82 Cornmisebner asked If funds raised from ordinance violation fines could be used
toward city landscape and tree projects.
STAFF RESPONSE: Fine are received by the General Fund, end should not be directed to a special
tree" fund. If a special 'tree" fund Is detred, City Council should instruct staff to prepare a budget for
expendkures as warranted.
■ ISSUE: P&Z CammtuW" asked k the draft ordinenos would require the romovai of dead tree,
even N Ihay are not required on approved landscape plans,
STAFF RESPONSE-, The draft ordinance does not sp" Icafly address the renw W of dead trees. City
code does not authorizes code enforcement officers to nobly property owners that deed has must be
taken down. N e dead tree encroaches upon a public rigM-0Rvray, the City has h the poet 16an Sew for
public safely purpous. In most cases, however, dead treat an pivots property have been coneldered a
civl moiler. Staff will pursue We issue further K so Ins icted by City Cau rd members.
. TNt dowrrrd *m ppmd by Cry Pr Y&q e.l D" r4M Dper4reM Nit NbM 6",1996,
a" DOgRtY M"ida0W Ordnlnde pit buss 90"dw
y
C
e page ll
28.
- ;~,.K 32 X 14•x,
25
t~ 1
dM.CW7
O
'i)ii.Clfl
I
Agenda No!~__.0 -r
AGENDA INFORMATION SHEET Agenda Item 0
We__NG r1~~
AGENDA DATE: February 17, 1998
DEPARTMENT: Planning Department
DC111: Rick Svehla, 349.7713 b _
SUBJECT-Exaction Variance (V-98-002)
Consider approval of an exaction variance from Section 34-116(c), water line capacity, of the
Subdivision and Land Development Regulations for a 10.003 acre tract located in Division One
of the City of Denton's extraterritorial jurisdiction. The properly is located on the west side of
}(illview Road, approximately 762 feet north of Jackson Road and will consist of three single
family lots. (The Planning and Zoning Commission recommends approval.)
BACKGROUND
See the Planning and Zoning Commission Report for more details about the variance request
from water line capacity standards for fire protection purposes.
The L.D.R. Estates addition is not required to provide street and sidewalk improvements to serve
the property as set forth in Section 34.114 of the Subdivision and Land Development
Regulations Ordinance. The improvement of existing unimproved perimeter streets to city ~
specifications for new streets does not apply to a new development if it meets one of the four (4)
criteria of Section 34-114.5(c):
a. Exceptions to ncrimet r street reauirements. The provisions of this section requiring
the improvement of existing unimproved perimeter streets to city specifications for
new streets shall not apply to the following:
1. A plat for a single-family residential lot, where such lot is not part of a larger
general scheme of development or subdivision of land containing more than one
(1) residential lot:
2. A development that abuts one hundred (100) or less feet of an existing perimeter
street, where the existing o6site perimeter street on either side of the abutting
perimeter street is not improved to city specification and there are no proposals
+ or plans for improvements to the perimeter street on either side of the abutting
perimeter street is evidenced by the city's capital improvements plan or plats
0 approved or pending approval:
3. A development wbic h:
i is not requirtd or does not propose to extend a city water line to tit property
to serve the developtnen4 end -
ii, is located nio«t than eight tho*nd (8,000) feet froiti its existing city wafer
r tine, intosuted alotlg 4 164161 llnc front *to rtainst 66un4a6 of tJ 6
developntcmt to the nearnt wrotdr line; or Y, ~ . \
4. A state or federal highway.
The L,D,R. Estates meets the criteria ofsubsection three (3). The residential lots will not require
the extension of city water lines because on-site wells and septic tank systems will serve them,
1.
Wit '°x, a r s 1 32X
a
i
a.rMr. '
I
E
And t11e property is located more than nine thousand (9,000) feet from the nearest water line
located at the intersection of Masch Branch Road and Hampton Road.
PRIOR ACTIONIREVIEW (CouncilBoards. Commissions) ! E
The Planning and Zoning Commission unanimously recommended approval (7.0) of the
exaction variance from Section 34-116(c) for the L.D.R. Estates addition at its meeting on
January 28,1998.
i
FISCAL INFORMATIO
None,
MAE
Attached
Respectfully submi
D 'Hill
irector of Planning and Development
i
Prepared by:
i
I~I
ayne eed k
Plann I
744
!`Ih'Unn lYminin,yl'kur7JlR fvuh'.l PR 1. ~"in.f( GT 11I ihrr; AM'
2•
25 x 10 32x10
e
asavties
0
~I~iay yr sernwr .Mno•
ATTACHMENT 1
PLANNING AND ZONING COMMISSION
STAFF REPORT
Subject: Variance to section 34.116(e), _Case Number V-98-002
Water Line Capacity, LDR Estates
,M: Wayne Reed, Planner i M: January 28, 1998
ACTIONo
Consider making a recommendation to City Council for an exaction variance to Section
34.116(e), pertaining to water line capacity.
PURPOSE AND APPLICABILITY:
Sec, 34-6. Variances and Modifications.
(b) Criteria for variances from development exactions. Where the Commission finds
that the Imposition of any development exaction pursuant to the Subdivision and Land
Development regulations exceeds any reasonable benefit to the property owner or is so
excessive as to constitute confiscation of the tract of land to be platted, it may
recommend approval of variances to waive such exactions, so as to prevent such
excess, to City Council. Waiver of development exactions shall be approved by the City
Council,
COMMENDATION;
The Development Review Committee recommends approval.
SUMMARY:
The applicant is requesting a variance from Section 34.116 of the Subdivision and Land
Development Regulations Ordinance, which Is concerned with establishing eater
utilities standards for fire protection purposes. Specifically, the request petitions for a
variance from the required water line capacity as stated In subsection (c): f
(e) Water Cnnacity Reoulred. Every development than pro. Ida adequate water cepacity
for fire ptitocllon purposes. Unless buildings in the d tvelopment are provked with
fro protection by means of automatic sprhkier systems;n accordance with Chapter
28 of the :ode of Ordinances, each development shah F ovlde the minimum water
capacity (1 oiculated with twenty (20) pounds of residual pro ssure),
9tna t3PM
High-Intensity commercial and Industrial..., ....3,000
Medium•Intensity commercial.. 1,500
Mediumdntensity residential 160
low-Intensity' residential , i,.,, bOQ; ! •
These minimum standards provide adequate water flow for fire protection service to
each type of development, i
1 ! h r: rn !'.m. nn, ~ f'.n a f 1471' In6+ 714 I n„n i T/ \^r. 11 I l nrq du
3.
d
26 K I`..7 32xlo
•
6
n ,
The applicant's request for a variance form Section 34.118(s) Is based on the lack of
reasonable connection from the L.D.R. Estates and the nearest water line. Connecting
to the municipal water system would ensure adequate water capacity to furnish fire
protection to the property. However, In order to connect to the water system, the owner
would htive to extend water service from the intersection of Hampton Road and Mosch
Branch Road, which Is approximately nlnd thousand (9,000) feet sway. At an average
cost of $50 per linear foot to Install a water line, total cost could amount to $450,000.
This high cost exceeds any reasonable benefit to the property owner and Is so
excessive as to constitute confiscation of the tract of land to be platted.
SUGGE$XEO MOTION:
I move to recommend approval of the variance from Section 34.11S(e) for the L.D.R.
Estates subdivision.
OCLOSUREM
1. Location Map
2. Preliminary Plat
to is
t 4 rtinn lNrde6i~ 17ru1'!AA LNm, r'W o hwlwn P% 4r.}h 11Mtuhx
4,
32X1 rw
rr JY
.
I
asiwr , AMW
ENCLOSURE 1
NORTH
V-98.002 L.D.R. Estates
Jac on RD --Nearest
Municipal
Water Line
L.D.R. Estates KTJ
M Hampton RD
Denton ity Limits
U9 HWY 384
r" d Denton Ory Limits'
j~
SITE MAP ti
Date: 1/28198 scale: None
C0owanPMnnlnQAdf4oR e1,v1#s 4W80Ve17A40 d0d
3.
x 32XId
25
1
o .
~~rr
v ra
I
w r
~ I
r
e ~
0~ ~ lOf ,r I9
7
.
~ IMq
IMr~
swim"
eefr~ Muf,fLfby. PL'/' ~
9007
vau"O }M OgOgOPP 7?f OHr r9O "M e
env or DE'NMN, bBNmm Cotmmro rXX,V! f~
zh x I~ 32X
0
Planning and Zoning Minutes ATTACHMENT 2
January 28, 1998
~r
Page 40 DRAFT
rived to be looked at.
Chairperson Schcrtz; Thank you. There are no more requests to speak and I'll go back to what
Commissioner Oourd►e started out with, that I believe you discussed basically recommending
it-loojing at all the items that Mr, Donaldson had written down. And Commissioner
Engelbrecht added, l believe, one to that list or clarified it. And I don't know if someone would
like to make that motion or another one so that we can move forward. Then I believe
Commissioner Oourdie also said that we make that recommendation but that we also ask that it
be brought back to us on our meeting following the work session of the Council,
Nis, Oourdie: I move that we recommend the landscape ordinance with the tree preservation be
passed on to the City Council for their Input during the work session with the written notations
by Mr. Donaldson, And that it be brought back to us on February I td' to understand where we
stand with it.
Air, Frigelbrecht, Second.
Chairperson Schertz: The m +tion has been made by Commissioner Oourdie and the second by
Commissioner Engelbrecht, Is there any other further discussion? Seeing none, All In. Seeing
none. We have. Thank you, we're now voting, It's been long already; we are now In our voting
mode and if everyone would cast your vote, I would appreciate it, Voting is complete, and the
results are 5 in favor and 2 opposed-with the 2 opposed being Commissioner Powell and
Commissioner Oanzer, So with that motion, we will make that request to staff and appreclate
your time and effort. Also, we would like to thank Mr, Cooper, I think you had sonic
extremely-I had never thought about the soil until you brought it up-and that's an extremely
Important point, And having been a builder and knowing what people do with that soil when
they move it, it could be very productive rather than just tossed somewhere, So I would like to
encourage y1u to stay, I'm sure you will-vve won't let you go-stay involved and thank you for
)out time and effort.
15. LDR Estates. A 10.003-acre tract Is located In Division I of the city of
Denton ETJ on the west side of Denton Road, approximately 150 feet north
orJackson Road. Three single-family lots are proposed,
15 A. Consider making a recommendatlun to City Couneil, Variance to
Section 344116E perialning to Haler capacity.
Chairperson Scheriz; We will review Item #A with Mr. Reed. Mr. Recd, do you want us to take
these one at a time?
tt Mr. Reed: I prefer it that way.
w~lr/ Chairperson Schertz: All right. 1 just wanted verification. Thank you, 1100
- - 25 x 0 32Xi❑
•
o
I15~
Planning and Zoning Minutes
January, 28,1998
Page 41
Mr, Reed:._._. screen here.
Chairperson Schertz: That's all right
Mr. Reed; Can I get the document camera?
Chairperson Schertz: You have it.
Mr. Recd: Madam Chair and Commission Members, Tonight, Item ISA on the Agenda is a
variance rrom a section of subdivision and land development regulations which requires
development to meet water flow capacity for fire protection purposes. The map that I have here
illustrates the effected subdivision 10.003-acre site on Hillview Road, located in our ETJ, as was
mentioned already. The subdivision is for-to divide the land into three lots. The owner and
applicant has requested the variance to the water flow requirement, because he is more than
9,000-approximately 9,000 feet from the closest water line, which is located at the Intersection
of Hampton Road and Masch Branch Road. This distance at an average cost of S30 per linear
foot for installing water line would exact a cost of $430,000. He feels that that is an exceedingly
high cost for a mere subdivision of his land into three lots for residential, single-family
residential. So, the Development Review Council, excuse me, Committee does recommend
approval orthis. At this time, I'll let the Commissioners ask any questions that they might have.
Chairperson Schcrtz: Thank you. Commissioner Oourdie.
his. Oourdie: Thank you for staying all night for this. I'm just wondering why he chose this
area to develop so soon versus waiting for everything-development to catch up with him.
Sir. Recd: Well, this is a piece or property that he owns and there is an existing structure, a
single-family house on one of the three lots. Let me show you on the existing plat.
Ms. Oourdie: Thank you.
Mr. Recd: This Enclosure 2 and on what is lot 3, there is an existing house. I'm not aware of the
• exact reason for his subdividing the one lot into three, but it is for other single-family structures
when those owners that he will sell to want to develop it. I can't say why he wants to do that
now as opposed to later.,
Isis. Oourdie; Well, then I'm wondering what's the water source for the current house.
•V Sir. Reed; The water will be provided by on-site wells and septic tank systems will service each
house as well. 1 have discussed a detailed list variance with the Watt rlWastewater Department, r •
1 and in this discussion it was brought to light that it is typical for a variance request for a
' subdivision this far out In the ETJ to be requested. It, in the future or when, In the future, the city
limits does extend to this property, what the property owner µ31E be required at that time to do is
to, let's say the water line and the sewer line-City water tine and City sewer line--or bring this
8.
F" 75 K 32 x IO
,
i
'
0
Planning and Zoning Minutes
January2g, 1998
Page 42
down this road. Property owners are required to connect to a sewer line, but they have the option
of staying with their well, or connecting by top to the City water line.
Nis. dourdie, All right. So, we're picking up the cost, if we do this variance. We're actually
saying that the City will do this for them. 1s that what we're saying?
Mr. Reed: No. No, actually, and I'm not the expert In this area, but there are two ways In which
the water line could be extended down this road. 1) There could be a larger development that is
further down-Ilill iew, excuse me • yes, Hiilview Road. Let me put the map back here. If a
development is developed further down Hiilview Road, if Hiilview Road was extended, let's just
go with this hypothetical situation as it was explained to me earlier, then that development, and
that's with the city limits extended, that development would be required to extend the water line,
sewer line. If the property owner of this site would want to tap Into the City water line, he would
pay his fair share for the extension of that water line up to his property-across the frontage of
his property. So the City, and there Is a formula for that that the City uses, the City would not
pick up the cost because we're granting the variance tonight, eny more than it would otherwise,
as it was explained to me earlier by the Water and Sewer Department.
Nis. Oourdic: Thank you.
Mr, Reed: You're welcome. Any other questions?
Chairperson Schertz: Seeing none at this time. We will tespect Mr. Reed's request and I will
entertain a motion for Item 1SA.
Mr, Powell: Madam Chairman, I move to recommend approval of the variance from
Section 34.116E for the LDR Estates Subdivision.
Mr, Engelbrecht: Second.
Chairperson Schertz; Ali right, Thank you. Mr. Powell made the motion and second was by
Commissioner Engelbrecht, Is there any discussion? Seeing none, I will ask Commissioners to
please cast your votes. Voting is complete. I will now display voting. And it passes
• unanimously seven to zero.
IS U. Consider making it recommendation to the City Council for an exaction
variance to Section 34.116C pWdning to fire hydrants.
Chairperson Schertz: Item 153 Consider making a recommendation to the City Council for an
exaction variance to Section 34.1160 pertaining to fire hydrants. Mr. Reed.
• A •
Mr. Reed; Thank you, Madam Chairman. Again, we are dealing with the same property as the
previous hearings with request for. In this instance, the way in which the subdivision and land
development regulations are written, not only does the property owner have to request a variance y
from the water flow capacity, but, at the some time, he must be, he must go back and request a
4.
1h ~ 32XIO
0
0
Agenda No.-92---to
AGENDA INFORMATION SHEET Agenda Item
Oate~P~" s
AGENDA DATE: February l7, 1998
DEPARTMENT: Planning Department
I
DCNI: Rick Svchla 349.7719/0
SUBJECT- Exaction Variance (V-98.002)
Consider approval of an exaction variance from Section 34.116(c), fire hydrants, of th.
Subdivision and Land Development Regulations for a 10.003 acre tract located in Division Onc
of the City of Denton's extraterritorial jurisdiction. The property is located on the west side of
Ilillview Road, approximately 762 feet north of Jackson Road and will cons'st of three single
family lots. (The Planning and Zoning Commission recommends approval.)
BACKGROUND
See Planning and Zoning Commission Report for more details about the variance request from
fire hydrant standards for fire protection purposes.
The L.U.R. Estates addition is not required to provide street and sidewalk improvements to serve
the property as set forth in Section 34.114 of the Subdivision and Land Development
Regulations Ordinance. The improvement of existing unimproved perimeter streets to city I
specifications for new streets does not apply to a new development if it meets one of the four (4)
criteria of Section 34.114.5(c):
c. Excretions to perimeter street rcauirements. the provisions of this section requiring
the improvement of existing unimproved perimeter streets to city specifteations for
new streets shall not apply to the following:
1: A plat for a single-family residential lot, where such lot is not part of a larger
general scheme of development or subdivision of land containing more than one
(1) residential lot:
2. A development that abuts one hundred (100) or less feet of an existing perimeter
street, where the existing off-site perimeter street on either side of the abutting
perimeter street is not improved to city specification and there are no proposals
or plans for improvements to the perimeter street on either side of the abutting
perimeter street as evidenced by the city's capitol improvements plan or plats
approved or pending approval:
3. A develdprtteni which;
i Is not required of does not propose to extend a city wsler line to the pro¢e0
to ri&W the deQ60tnept; ttiid
il. Is located more than tight thottaaiid (8,00) feet fioih an existing city wall[
oC t •
fine, mookm,alotj a a5yighi [[nil k6 the !latest to
y~ deVeldpnknl td the neireat'tLllet 1t11e; bf ~ t . , `„a zs 3
4. A state or federal highway. /
1'he L.U.R. Estates meets the criteria of subsection three (3). The residential lots will not require
the extension of city water lines because on•siie wells and septic lank systems will serve them.
r n, nlic„• •l'ini: ~IhYl7i~rr L+iti,,,fr +T ii,~,: .4.,
1.
r,
32XI❑
1
II~
4
And the property is located more than nine thousand (9,000) feet from the nearest water line
located at the intersection of Masch Branch Road and Hampton Road.
PRIOR ACTION/nVIEW (Connell. Roads. Co nmissiousl
The Planning and Zoning Commission unanimously recommended approval (7.0) of the
exaction variance from Section 34.116(c) for the L.D.R. Estates addition at its meeting on
January 28,1998,
FISCAL INFORMATION
None,
MAC
Attached
Respectfully submit
id Hill
Director of Planning and Development
Prepared by.
Wayne ed
Planner
I
fJbntnn MnnnN,f Mnn'LI?aLllur.+V.DA ludlnft"xr f~,l!Aal Arr -
21
~x.Ar zSxla 32x1
O
ATTACHMENT 1
,
PLANNING AND ZONING COMMISSION
STAFF REPORT
s
Sublact: Variance to Section 34116(c), Case Number: V-98-002
Fire Hydrants, LDR Estates
SM: Wayne Reed, Planner I M: January 28, 1998
ACTION:
Consider making a recommendation to City Council for an exaction variance to Section
34.116(c), pertaining to fire hydrants, for the LAR. Estates subdivision.
PURPOSE AND APPLICABILITY:
Sec, 34.6. Variances and Modifications.
(b) Criterle for variances from development exactions. Where the Commission finds
that the Imposition of any development exaction pursuant to the Subdivision and Land
Development regulations exceeds any reasonable benefit to the property owner or is so
excessive as to constitute confiscation of the tract of land to be platted, It may
recommend approval of variances to waive such exactions, so as to prevent such
excess, to City Council. Waiver of development exactions shah be approved by the City
Council.
RECOMMENDATION:
The Development Review Committee recommends approval.
3UMMA~Y.
The applicant is requesting a variance from Section 34116 of the Subdivision and Land
Development Regulations Ordinance, which is concerned with establishing water
utilities standards for fire protection purposes. The request spedficaily petitions for a
variance from subsection (c) that podalns to fire hydrants:
(c) eFire sldenlliae eress and tYhree hundred (300) feet span in wenmerciet,~ndustrtal areas.
r
[ Based on the minimum requirements of this ordinance, the applicant would need to
install one (1) fire hydrant to service the 10.003 acre L.D.R. Estates subdivision. Total
cost of Installing fire hydrants would be approximately $2,600.
The basis for the variance Is the lack of a reasonable connection to the city's water
system. The property Is more than nine thousand (9,000) feet from the nearest
municipal water line. Fire hydrants must be Installid every three hundred (300) feet, O •
according to the language of the ordinance. it would make little sense to enforce this
requirement If a variance Is granted for Section 34.116(•); this would result in the
Installation of fire hydrants on a property where no water system exists. Therefore, it Is
necessary to approve a variance from Section 34.116(c), N a variance from Section 34•
116(e) Is granted.
1 f 4yi n»1 Tlrti elri/ lMd7. L 1~R 1'r7nrr. ! l+R L Nrr r r'/ ki'. ~l l l i. rb,r
3.
2r-,R10 32x10
SUGGESTED MOTION:
I move to recommend approval of the valance from Section 34.116(c) for the L.D.R.
Estates subdivislon
ENCLOSURES:
1, Location Map
2, Preliminary Plat
i
f': Aw+nd MnHRLy P1ar lDA C~~~nv'1bA dr~rtn PY1kt.d J•11 Arr) ar
4.
13
i ,
1 i
ENCLOSURE 1
NORTH
V-98.002 LAR, Estates
Jac on RD Nearest
z r-" Fwmater untclpat
Une
L.D.R. Estates ETJ
Ham ton RD
m
Denton ity Limits
US HWY 380
7 Denton fty m s
Ii
SITE MAP
. F '
Date; 1/28106 scale., None
C, vdnfan f 7amMy'FIaNtLDIP E~IeNI'Lfa4 EdaU! Ypt SOV40 dk
S.
z x s2xl~
1
r
r
N
"~J:'N~ rrr) T
.wn to"
r ryr1~,~~
• I w ~ ~ ~Mf rt~r
~ I
ern s
e 446
w ~ I t7
Or r
MN~t ~ N
WNW
Wow
I
Mel
Trr r }
1 MY I ow
rr 1 ~ ,
;wElia rJ
iL•'
i~ ~Rt71611G t>,f~rf w1inM wy r~T
~aLD.x. aa~rAras
IWO
w 070loPP Dy J)fW&ON ON O! rm XT.? oTl 2m
cirr or DaN'PDl~b DXV"N coVNTY, TtSlfA9
3210
s
0
i
Planning and Zoning Minutes ATTACHMENT 2
January 28,1998
Pege DRAFT
Page 42
down this road, Property owners are required to connect to a sewer line, but they have the option
of staying with their well, or connecting by tap to the City water line,
Pis. Gourdie; All right. So, we're picking up the cost, if we do this variance. We're actually
saying that the City will do this for them. Is that what we're saying?
Mr. Reed: No. No, actually, and I'm not the expert In this area, but there are two ways in which
the water line cu+ild be extended down this road. 1) There could be a larger development that is
further down-Iiiliview, excuse me - yes, Itillview Road. Let me put the map back here. If a
development is developed further down Itillview Road, if Itillview Road was extended, let's just
go with this hypothetical situation as it was explained to me earlier, then that development, and
that's with the city limits extended, that development would be required to extend the water tine,
sewer line. If the property owner of this site would want to tap into the City water line, he would
pay his fair share for the extension of that water line up to his property-across the frontage of
his property. So the City, and there is a formula for that that the City uses, the City would not
pick up the cost because we're granting the variance tonight, any more than it would otherwise,
as it was explained to me earlier by the Water and Sewer Department.
I
Nis. Gourdie: Thank you.
Mr. Reed: You're welcome. Any other questions?
Chairperson Schertz: Seeing none at this time. We will respect Mr. Reed's request and I will
entertain a modnn for Item I SA. I
Mr. Powell; Madam Chairman, I move to recommend approval of the variance from
Section 34.116E for the LDR Estates Subdivision.
Mr. Engelbrecht: Second.
Chairperson Schertz: All right, Thank you. Air. Powell made the motion and second was by
Commissioner lingelbrecht. Is there any discussion? Seeinrj none, l will ask Commissloners to
please cast your votes. Voting is complete. I will now display voting. And it passes
unanimously seven to zero.
15 D. Consider making a recommendation to the City Council for an exaction
variance to Section 34.116C pertaining to fire hydranis.
Chairperson Schertz: Item I5.13 Consider making a recommendation to the City Council for an
` exncdon variance to Section 34.116C pertaining to fire hydrants. Mr. Reed.
Mr. Reed: Thank you, Madam Chairman. Again, we are dealing with the same property as the
previous hearings with request for. In this instance, the way In which the subdivision and land
development regulations are written, not only does the property owner have to request a variance
from the water flow capacity, but, at the same time, he must be, he must go back and request a
1.
. ?I 32x Q
F 'r 'o
t
I '
Planning and Zoning Minutes `
January 28, 1998
Page 43
variance for a fire hydrant requirement. Because the ordinance states "fire hydrants shall be a
maximum. of 600' apart In residential areas and 300' apart in commercieVindustrial areas" the
subdivision would-is required to place one fire hydrant along each frontage if frontage is
slightly more than 600', Even though it's granted, a variance from the water flow capacity,
which means no water lines will be out there. By the subdivision land development regulations,
he still has to go through the fire hydrant at the front of his property. Because he is getting his
variance from the water flow capacity portion of the regulations employing the ordinance, he
needs to get this variance granted as well. Otherwise, he will put it fire hydrant on the front of
his property without a water line. And the same basis is, the same basis, this variance is
requesting, Is being requested for the same basis. There Is a lack of reasonable connection to the
City water Iine. That's it, Thank you,
Chairperson Schertz: Commissioner Oourdie,
Ms. Oourdie: Again, when the water gets there in the city limits. Will he be required to put a
fire hydrant in once the water is available?
Nit, Rced: That question I'm not sure of. Because the developers have to install or pay for the
fire hydrant, t believe he would.
Chairperson Schertz: Mr. Hill.
I
Mr. Hill: Commissioner 0ourdie, 1 really don't think that there would be a tetroactive
requirement to install a fire hydrant. Typically, what happens is you will get-if the lines are run
past this particular property, there will be some kind of oversizing where It's required by the
City, and then the developer who Installs gets reimbursed for the oversizing and the people who
contribute to that line when they tap into It are actually reimbursers. So, when it comes to the
actual fire hydrant, i think the City is either going to strategically place them through other
developers or else they are going to have to put them in at their own cost.
Chairperson Schenz: Thank you.
Nit. CJourdie: What do you do now while there're waiting on water if there's afire out there?
I'm just curious.
Nit, still: They need to call 911, They are going to face different Insurance rates for their
insurance.
Chairperson Schcrtz: That's it good question. What I've found in the past when these cases that
have come before us and they have, It's they have to realize that. When they go to live out there, • i
that If a fire happens, It's Just going to be too late. And that's it choice they have to make,
Mr, Engelbrecht: The Fire Department has a truck with a tank on It. If it gets there In time and
it's enough water.
B.
7 5 .K Q 32 X f]
J~IOOPII
tV
Planning and Zoning Minutes
January 28, 1998
Page 44
Chairperson Schertz; And it's enough water. Those are good questions. Seeing no further
questions, I would entertain a motion tt this time.
i
Mr. Engelbrecht, I move directly in approval of Variance from Section 34.116c for the LDR
Estates Subdivision.
Ms. Apple; Second.
Chairperson Schertz; 'thank you. Motion was made by Commissioner Engelbrecht and the
second by Commissioner Apple, I would ask Commissioners to please cast their vote at this
time. Voting is complete. 1 will display voting, 1 think we saw it quickly there for a minute. t
passes unanimously seven to zero.
IS C. Consider approval of the preliminary plat of Lots 1.3, Block A of the LDR
Estates Addition.
Chairperson Scheriz: Item number 1 S.c Approval of the preliminary plat of lots 1.3, Block A of
the LDR Estates Addition. Mr, Reed,
Mr. Reed; Thank you, Madam Chair. The LDR Estates is, as we've said already Is a 10.003-
acre site being subdivided Into 3 equal lots for single-family use, There are no public
Improvements required at this time for this development, based upon your approval of the
variances. Each lot, as previously stated, as well Is going to have its own on-site well and septic
tark system to supply those two Issues. This Is a simple plat being considered outside the consent
agenda solely for the reason of the variance request. At this time. I will simply say that the
Development Review Committee does recommend approval of this conditional upon the,
conditioned upon the approval by City Council of the variances, which you havejust approved.
Chairperson Schertz; Thank you. Commissioner Oourdie;
Ms. (3ourdie; I'm sorry to keep doing this to you, but this Is my first time I've been involved
with this so I'd like to learn, Being that there are no public Improvements which means
sidewalks, subdivision or however we define will be required when the city limits get out there to
improve upon it or will there be a 10-acre straight line and then tip to the next subdivision, has a
sidewalk, Now does that work?
Mr. Reed, They will not be required to place a sidewalk along the frontage of this property,
because they're currently outside of the city limits. Sidewalks are not being demanded of this
su
bdivision at this time, Therefore, once it is annexed into the city limits, the structures of the subdivision will be pre-existing. Let's say if the two lots that
do not have houses on them
currently are developed ,flee this area Is annexed in, they will have to place sidewalks at the r
J~O
front. The current Lot 3 that has a house, if that house is still In use at the time of annexation, it
9.
A!L 2+'j k 0 32x10
n,
1
low 1 '
n '
r r
Agenda No.
Agenda Its
Dale
AGENDA INFORMATION SHEET
AGENDA DATEi February 11,1998
DEPARTMENTt Finance
CM: Kathy DuBose, ext. 8228
SUBJES"T
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
FROM UNRESERVED RETAINED EARNINGS OF THE WATER AND
WASTEWATER FUNDS WITH CERTIFICATES OF OBLIGATION, AND
PROVIDING AN EFFECTIVE DATE.
RACKGROUN
The City of Denton Is currently In need of funding to proceed with the contracts for
Forecasting and Analysis for the Comprehensive Plan and for the Transportation and
Drainage Impact Fee Analysis.
i
Legislation now Includes a provision for designation of project expenditures prior to a
bond sale as reimbursable by bond proceeds. This "reimbursement resolution" allows the
utilization of 5120,000 of the Water Fund unreserved retained earnings and 5120,000 of ,
the Wastewater Fund unreserved retained earnings to be reimbursed with proceeds from
the sale of certificates of obligation.
The approval of this resolution will allow the project to progress yet does not require
early Issuance of debt.
PROP. ACTIONIREV1EW (Council, Boards, Commissions)
r i Public Utility Board recommends approval, City Council was briefed on services and
' consultants on January 21,1998.
FISCAL INFORMATION
I $120,000 from the Water Fund unreserved retained earnings and $120,000 from the
i '
25k10 32x10
1
Wastewatcr Fund unreserved retained earnings will be reimbursed upon issuance of
certificates of obligation.
Respectfully submitted:
~t4bSf
Kathy lDuBose
Assistant City Manager of Finance
2
♦ ~ 1 i'
RESOLUTION NO.
r
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM
UNRESERVED RETAINED EARNINGS OF THE WATER AND WASTEWATER FUNDS
WITH CERTIFICATES OF OBLIGATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political
subdivision of the State of Texas; and
WHEREAS, the Issuer expects to pay expenditures in connection with the design,
planning, and construction of the project described in Exhibit "A" hereto (the "Project"), which
Exhibit "A" is attached hereto and made a pan of this resolution for all purposes, prior to the
issuance of obligations to finance the Project "Contracts for Forecasting and Analysis for the
Comprehensive Plan and for the Transportation and Drainage Impact Fee Analysis;" and
WHEREAS, the issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the
provisions of Section 1.150.2 Treasury Regulations, to reimburse itself for such payments at
such time as it issues the obligations to finance the Project; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the Issuer reasonably expects to incur debt, as one or more series of
obligations, with an aggregate maximum principal amount equal to $240,000 for the purpose of
paying the costs for the costs of the Project, as set forth in the attached Exhibit "A."
SECTION 11, That all costs to be reimbursed pursuant hereto will be design and capital
expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this
resolution after a date which Is later than 19 months alter the later of (t) the date the
r" expenditures are paid, or (2) the date on %hich the property, with respect to which such
"y expenditures were made, is placed in service,
i + SECTION Ill, That the foregoing notwithstanding, no tax-exempt obligation will be
issued pursuant to this resolution mote than three years after the date any expenditure which is to
! be reimbursed is paid.
SECTION 1V. That ibis resolution shall become effective immediately upon its passage
and approval.
J PASSED AND APPROVED this the day of _ 1998.
3 i
-„Y 25 x 10 32x10
M
t ,
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
t
BY;
APPROVED AS TO LEGAL FORM,
HERBERT L. PROUTY, CITY ATTORNEY
BY: l4
A 3
1
1 Mr,! iMP LbL (M D,um,ns l,W.mna W nmNwmmiNUhInJ,ol,r pM 4r
1
lull
4
IO
25 X 1~ 32x
1 ,
EXHIBIT A
Y
Contracts for Forecasting and Analysis for the Comprehensive Plan and for
the Transportation and Drainage Impact Fee Anstysis. Cost is $240,000,
Z
J
S ~ry
r p - ~S X a 32x
~ LJ
1
AGENDA INFORMATION SHEET Agenda No.~
Agenda Item
AGENDA DATE: February 17,1998 Dale eg
DEPARTMENT: City Manager's Office
C"CM/ACM: Rick Svehla, Deputy City Manager Rs +
BUBJECT - Consider adoption of an ordinance approving professional services contracts with:
A. Applied Geographic Technologies, Inc. for wastewater collection system,
master planning and engineering services related to the Comprehensive
Plan development and impact fee implementation, RSFP N2140A,
B. RUST Environment and Infrastructure, Inc. for comprehensive land use
planning RSFP No. 214013.
BACKGROUND The request for these proposals were Issued In late November, The staff
committee representing Planning, Utilities, Parks and Engineering recommends each of these
firms to you.
ESTIMATED SCHEDULE OF PROJECT
The two consultants will begin work immediately, Specific work products will conform to prior
schedules Issued to the council on the Comprehensive Plan and impact fees.
i
FISCAL INFORMATION
'The cost of Applied Geographic Technologies, Inc., contract is approximately $260,000. The
cost for RUST Environmental and Infrastructure is approximately $225,000. Those funds will
come from the utility funds and/or General Fund accounts (see-attached form).
WD INFORMATION
NIA
N/A
Res tfull ubmitted:
Rick Sve a
Deputy City Manager
.Ile
i
2r )K q 32 x
o
i
I
i
i
CITY OF DENTON, TEXAS _jJ~ E McKlnnev Street Denim texas 76201 t940A2-_VQ7
Ottice orthe City Manager
I
MF,MORANDUM
DATE: February 13, 1998
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Depuly City Manager
SUBJECT: CONTRACTS FOR FORECASTING AND ANALYSIS FOR THE
COMPREHENSIVE PLAN AND FOR THE WATE-WWASTEWATER IMPACT
FEE ANALYSIS
Last week we briefed the Council on the scope and the senices that the two consultants and their
subcontractors would provide for development of the Comprehensive Plan, water and sewer impact
fees and other analysis, At that meeting members of council indicated an interest in compressing the
impact fee implementation schedule. The primary issue affecting our ability to shorten the schedule
is the development of the land use assumptions. The land use assumptions impact the completion of
the water and wastewater master planning activities and the cost recovery potential of impact fees.
The development of comprehensive land use assumptions will provide the highest cost racovery
potential from impact fees. Staff will prepare a compressed schedule alternative for council review
and be read to discuss the advantages and disadvantages of the schedule at the work session on
February 24'
Enclosed Is the scope of work as well as the contracts that have been signed by the consultants for
this work. The staff and PUB recommend these contracts to you. We are also recommending that
711 funding for the impact fees come from utility bond funds at a total cost of 5250,000, and that funding
y fur the Comprehensive Plan and the impact fce analysis for transportation and drainage (5240,000) be
. borrowed from utility operating funds unreserved retained earnings. Staff is recommending that this
money, plus interest, be paid back to utility funds in next year's operating budget, or some other
financing mechanism such as bonds or certificates of obligation. In order to do that, a reimbursement
resolution will be placed on this same agenda. This will give the staff and Council several funding
options when considering next year's budget, if Council has any questions, we will be happy to try
and an. er the st your convenience.
• •
• s &
Rick Svehla
Dcputy City Managcr
RS:af
Enclosure
"Ildierlej m ~%,Jkjy Rn ke'
Z5x ❑ 32X10
•
al~aaau
~.{'r'Y:0`3r...n. r.?.1 3':tA 5&•+nrw L.. m.... ..m..:d.M4 M<•r. iw NergV.Ar,d•••{fYMIR:emydy'aa r4u!umu..,.r.-
,
i
II
1 ~I
1 ~
OfY OF DENTON, TEXAS 213 $,lylsgln_nry,StreeL Denton. Texu 76201 19401149•IJ07 r_
Office of the City Manager
MEMORANDUM
DATE: February 11, 1998
t 10: Mayor and Members of the City Council
FROM: Rick Svehia, Deputy City Manager
SUBJECT: CONTRACTS FOR FORECASTING AND ANALYSIS FOR THE
COMPREHENSIVE PLAN AND FOR THE WA'CER/WASTEWATER
IMPACT FEE ANALYSIS
Last week we briefed the Council on the scope and the services that the two consultants and their
subcontractors would provide for development of the Comprehensive Platt, water and sewer
Impact fees and other analysis. Enclosed Is the scope as well as the contracts that have been
signed by the consultants for this work, The staff and PUS recommend these contracts to you.
We are also recommending that funding for the impact fees come from utility bond funds at a
total cost of $250,000, and that funding for the Comprehensive Plan and the Impact fee analysis
for transportation and drainage ($240,000) be borrowed from utility operating funds unreserved
retained earnings. Staff Is recommending that this money, plus interest, be paid back to utility
funds In next year's operating budget, or some other financing mechanism such as bonds or
certificates of obligation, In order to do that, a reimbursement resolution will be placed on this
same agenda, This will give the staff and Council several funding options when considering next
r' year's budget. If Council has any questions, we will be happy to try and answer them at your
convenience,
,
+ I
Rick City Manager
i
• RS,af • •
Enclosure
I
9 j
'Wiodrdto L&ARy &rvkv*
?5x 32X0 j
j
0
a
February 2,1998
PUBLIC UTILTIES BOARD AGENDA ITEM
TO: CHAIRMAN AND hIEMBERS OF THE PUBLIC UTILITIES BOARD t
FROSI: }toward Martin, Assistant City Manager of Utilities
SUBJECTt Consider Approval of Professional Services Agreements for
Wastewater Collection System Master Planning and Engineering
Services Related to Comprehensive Plan Development and Impact Fee
Implementation with Applied Geographic Technologies, Inc, for a not
to exceed amount of 5263,890 and for Comprehensive Land Use
Planning with RUST Environmental dr Infrastructure for a not to
exceed amount of 5224,642,
RECOMMENDATION:
The Utility Staff recommends award of the above referenced contracts to Applied
Geographic Technologies, Inc., (.ACT) in the amount of $265,890 and to RUST
Environmental k Infrastructure (RUST) amount of $224,642,
SUMMARVt
Both of the contracts are being awarded so that the City of Denton may proceed
with the development of 1) population forecasts, 2) land use scenarios that will
serve as the foundation for the preparation of a new comprehensive plan, 3) a
master plan for the wastewater collection, and 4) Impact fees. information
generated from the land use planning consultant system witl be used in the
completlon of the master plan for wastewater and the update of the water master
plan. Ten-year capital Improvement plans for water and wastewater wi!l be
developed so that impact fees can be calculated.
The contract with A(I'f includes providing professional services for the following
items;
d '
ITEM DVSCRIP1 AMOUNT
Wastewater~ Master Plan an mpact 'cgs ~33li 1
Water aster an Update an Impact Fees Q 6
oa an rainage Impact 'cc Feasibility
S C a Serrlegs _ $15,000
TOTAL 6. • •
r ~
3
. 3 2 X o
e
0
Item 1 of the AOT contract consists of developing a comprehensive wastewater
collection system master plan. The wastewater master plan will include flow
projections and capital Improvements planning for the years 2008 and 2020. The
master planning will be done using the IIYDROWORKS Model. The modeling
effort will include gravity sew:rs, lilt stations, design storm determination for
control of overflows in the system, real time control applications, and
determination of wet weather flow impact on Individual sewer basins and the
water reclamation plant as well as flow control stretc& A final report will be
submitted based on the findings in the study.
The ACTT consultant team will provide services to develop an Impact fee
ordinance that can be used to enact Impact fees for wastewater facilities. The
ordinance will include fee schedules, formula for calculating the fees, description
of senice area boundaries, criteria to be used for individual assessments, and
administrative procedures to implement the ordinance. 1
Item 2 of the ACTT contract consists of preparing a phased 10-year capital 1
improvements plan to meet the City's projected water demands through the year
2020. To do this, the City's existing Cybcmct water system model will be updated
using the future demands calculated from the population forecasting work by
Rust. The water model will then be used to determine what system Improvements
are needed to meet these demands. The consultant will develop opinions of cost
and implementation schedules far the required Improvements and prepare a final
report rot the City,
The consultant will also provide services to develop an Impact fee ordinance to
imlement Impact fees for water facilities. The ordinance will incorporate fee
schedules, formula for calculating the fees, description of service area boundaries,
criteria to be used for individual assessments, and administrative procedures to
implement the ordinance,
Item 3 or the AOT contract consists of preparation or a memorandum and City
Council briefing for revleMng the feasibility or the city or tknton enacting
Impact fees for roadway and drainage facilities. As part of this briefing, the
consultant will discuss the use and applicability of variable rate Impact fees for
• water and wastewater. If the Cily Council elects to pursue Impact fees for
roadways or drainage, then the City will have to retain additional consultant
services to perform that work.
Special Scrvlces Included in agreement include preparation of draft Impact fee
ordinance rot water and wastewater, and attendance of the consultant In public
A meetings. 'I hose Special Services will be authorised on as needed basis. Payment •
v for these services will only occur irthe City requests that they are done,
s
d
z I❑
10 32X
' o
E
Under the RUST contract, the consultant will prepare a forecast or the population
for the City through the year 2025. The land use planning scope of work also
includes, but is not limited to, data collection, model preparation, data review and
organization, scenario development and selection, and final report preparation.
The alternative development scenarios will lay out four to five ditTerent ways that
development could occur in the City, Staff will then take these alternatives out
for public input before the City Council selects a preferred scenario that will be
the basis of the new comprehensive plan that staff %%ill prepare. The
comprehensive plan will contain land use assumptions that are legally required
before preparation of the impact fees can begin. The contract provides for
meetings with staff, the Public Utilities Board, the Planning and Zoning
Commission, and the City Council.
To select these consultants, the City solicited Requests for proposals from
qualified planning and engineering firms. Pour engineering firms, which Included
Impact fees consultants, and three planning firms were Invited to make
presentations, The Selection Committee selected Applied Oeographic
Technologies, Inc, for the engineering portion of the work and RUST for the
planning portion, The Water Department will be overseeing the AOT contract
and the Plarining Department will be overseeing the RUST contract. A staff task
force of Assistant City Managers and directors from Parks, Economic
Development, Engineering and Transportation, Planning and Water will be
reviewing and coordinating the consultants' work,
AGENCIES AF'F'ECTED:
'The citizens of Denton, Denton Municipal Utilities, Engineering and
Transportation Department, Planning Department, Applied Oeographic
Technologies, Inc, and Rust Environmental k infrastructure,
FISCAL IMPACTi
A
The water portion of the AOT contract ($51,296) will be funded using water
bonds and the wastewater pottlon ($195,200) with wastewater bonds. The
Ocncrai Fund will be responsible for funding the Land Use Planning Study and
Roadway and Drainage Feasibility Study for a total amount or $230,036. This
amount will be funded In the Interim through a loan split evenly between water
and wastewater using unreserved retained earnings, Oeneral Uovemment will
pay back both principal and Interest alter October 1. 1998.
~r
' 9ql►
S
25 10 32X
o
Submitted by,
''V"vM
Howard Marlin,
Assistant City MansgedUlilities
Prepared by.
Jord . E-4
Interim Director Water/Wastewsler Engineering A Field Services
1
I'
6
25 ICl 32xICI
o
I
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
FOR PROFESSIONAL SERVICES FOR WASTEWATER COLLECTION SYSTEM MASTER i
PLANNING AND ENGINEERING SERVICES RELATED TO COMPREHENSIVE PLAN I
DEVELOPMENT AND IMPACT FEE IMPLEMENTATION WITH APPLIED GEOGRAPHIC j
TECHNOLOGIES, INC.; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, the City Council desires to engage Applied Geographic Technologies, Inc.
for a not-to-exceed amount of two hundred sixty-five thousand eight hundred ninety dollars
($26$,890,00) to provide professional services for wastewater collection master planning and
engineering services related to comprehensive plan development and impact fee Implementation;
and
WHEREAS, the City Council deems It In the public interest to enter Into a Professional
Services Agreement with Applied Geographic Technologies, Inc. for the above-mentioned serv•
Ices; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SIECTION1, That the City Manager is hereby authorized to execute a Professional
Services Agreement with Applied Geographic Technologies, Inc,, substantially in the form of the
attached Agreement which Is incorporated herein for all purposes.
S=Q" That the City Manager is authorized to make the expenditure of fluids as
provided in the attached Professional Services Agreement.
Ugj 0~I [il. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of ,1998.
y
1
• f' 1 ,
JACK MILLER, MAYOR
.r
ATTEST:
JENNIFER WALTERS, City SECRETARY i r
BY:
7
7i [ 32x0
IMMUMIJ0
e
I
~ I
I
1
i
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
1 ANAEEtTDE.t M ft W WW#OYewe~a Now p.'r g1e b Wqw oJMnd
1
rat ~ J,
1-01
B
- 2 5x 0 32x113
0
PROFESSIONAL SERVICES AGRFE14ENT
FOR WASTEWATER MASTER PLAN AND ENGINEERING SERVICES RELATED
TO COMPREHENSIVE PLAN DEVELOP14ENT AND IMPACT FEE
IMPLEMENTATION
STATE OF TEXAS ¢
COUNTY OF DENTON ¢
THIS AGREEMENT is made and entered Into as of the day of
, 19by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office ►t 215 East McKinnay Street, Denton, Denton County,
Texas 76201, hereinafter called "01VNER" and Applied Geographic Technologies, Inc,, with its
corporate office at 1412 West Magnolia Avenue, Fort Worth, Texas 76104, hereinafter called
"CONSULTANT," acting herein, by and through their duly authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
Ai1iT1SLE1
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the services herein In connection with the
Project as stated In the sections to follow, with diligence and In accordance with the highest
professional standards customarily obtained for such services in the State of Texas. The
professional services set out herein are in connection with the following described project: J
The Project shall include, without limitation, prepaation of a Wastewater Master Plan
and Engineering Services Related To Comprehensive Plan Development and Impact Fee
Implementation.
ARTICLE It
SCOPE OF ICES
The CONSULTANT shall perform the following services In a professional manner:
,
A. The CONSULTANT shall perform all engineering services as necessary and as described
in the OWNER's Request for Proposals No. 2140, which is attached hereto and made a .
part hereof u Exhibit "A" as If written word for word herein. Land Use Planning and
Forecasting for the Comprehensive Plan services included In the RFP No. 2140 are not
included in this Agreement. Such services shall include, without limitation, the
lay development of a comprehensive wastewater collection system master plan, which will
Include flow projections and capital improvement planning for the years 2008 and 2020,
the development of an impact fee ordinance, which can be used to enact impact fees for
9
25 K CJ 32XI❑
ID
,
I
wastewater facilities if the OWNER decides to request this as a special service, the
preparation of a phased 10-year capital improvements plan to meet the OWNER's
projected water demands through the year 2020, the preparation of a memorandum and
City Council brieMg for reviewing the feasibility of the OWNER enacting Impact fees
for roadway and drainage facilities, and the CONSULTANT's attendance at public
meetings as necessary, including at least three meetings of the City Council and for
meetings of the advisory committee,
B. To perform all those services set forth in CONSULTANT's proposal entitled City of
Denton RFP No. 2140, Scope of Work, dated January 27, 1998, which proposal Is
attached hereto and made a part hereof as Exhibit "B" as if written word for word herein,
C. CONSULTANT shall perform all those services set forth in individual task orders which
are attached to this Agreement as Exhibit "B" and made a part hereof for all purposes as
separate agreements.
D. If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached exhibits or task orders,
ARTICLE 11l
SPECIAL SERVICES
Special services to be performed by the CONSULTANT, if authorized by the OWNER,
which are not included in the shove-described Basic Services, are described as follows;
A. During the course of the Project, as requested by OWNER, the CONSULTANT will be
available to accompany OWNER's personnel when meeting with the Texas Natural
Resource Conservation Commission, U,S. Environmental protection Agency, or other
regulatory agencies, The CONSULTANT will assist OWNER's personnel on an is-
needed basis In preparing compliance schedules, progress reports, and providing general
technical support for the OWNER's compliance efforts.
B, Assisting OWNER or contractor in the defense or prosecutlon of litigation In connection
with or In addition to those services contemplated by this Agreement. Such services, if
any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective
parties outside of and In addition to this Agreement.
C. Sampling, testing, or analysis beyond that specifically included in Basic Services,
D. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
E. Appearing before regulatory agencies or courts as an expert witness In any litigation with
third parties or condemnation proceedings arising from the development or construction
10
25 ICa 32X
O
of the Project, Including the preparation of engineering data and reports for assistance to
the OWNER.
F. Providing geotechnlcal investigations for the site, including soil borings, related analyses,
and recommendations.
G. Providing additional copies of the Draft andlor Final reports.
11. Making additional presentations.
11 Preparing the impact fee ordinance.
ARTICLE IN
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by the
OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and
shall remain in force for the period which may reasonably be required for the completion of the
Project, including Additional Services, if any, and any required extensions approved by the
OWNER, The OWNER and CONSULTANT agree that the OWNER may accelerate the I
schedule for the completion of the work hereunder and the CONSULTANT shall, in this event,
expedite the delivery of services hereunder at no extra charge to the OWNER, This Agreement
may be sooner terminated in accordance with the provisions hereof. Time Is of the essence In
this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services
set forth herein as expeditiously as possible and to meet the schedule established by the OWNER
and shown in Exhibit "B", acting through its City Manager or his designee, The CONSULTANT
agrees to expedite this schedule without additional compensation if the OWNER requests in
writing to do so. E
i
ARTICLE
COMPENSATION
A. COMPENSATION TERMS;
L "Subcontract Expense" is defined as expenses incurred by the CONSULTANT In
employment of others in outside firms for services in the nature of professional
engineering.
2. "Direct Non-Labor Expense" is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation and equipment,
travel, communlest ions, subsistence, and lodging away from home, and similar r
041 incidental expenses In connection with that assignment
B, BILLING AND PAYMENT. For and In consideration of the professional services lobe
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the lump
sums shown In Exhibit "C" which is attached hereto and made a part of this Agreement
11
25)0 32 X a
0
as if written word for word herein, a total fee, including reimbursement for direct non-
labor expenses not to exceed $250,590.00,
For Special Services if authorized in writing and as described in Exhibit "B" the OWNER
agrees to pay based on actual costs according to the cost ^stimate detail at An hourly rate
shown in Exhibit "C" and made a part of this Agreement as if written word for word
herein, including reimbursement for direct non-labor expenses not to exceed $13,000.00.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered. The
OWNER may withhold the final five percent (s%) of the contract amount until
completion of the Project.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement, The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in ,
default under this Agreement,
It is specifically understood and agreed that the CONSULTANT shall not be Authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the
maximum not to exceed fee as stated, without first having obtained written authorization
from the OWNER, The CONSULTANT shall not proceed to perform the services listed
in Article III "Additional Serviccs," without obtaining prior written authorization from I
the OWNER.
C. ADDITIONAL SERVICES NOT DESCRIBED IN EXHIBITS "A" OR "•B": For
additional services authorized in writing by the OWNER in Article III, the
CONSULTANT shall be paid based on the Schedule of Charges at An hourly rate shown
in Exhibit "C." payments for additional services shall be due and payable upon
submission by the CONSULTANT, and shall be in accordance with subsection 9 hereof,
Statements shall not be submitted more frequently than monthly.
U. PAYMENT! If the OWNER fails to make payments due the CONSULTANT fur
services and expenses within sixty (60) days aRer receipt of the CONSULTANT's
undisputed statement thereof, the amounts due the CONSULTANT will be Increased by
the rate of one percent (I%) per month from the said sixtieth (60'") day, and, in addition, +
the CONSULTANT may, after giving seven (7) days' written notice Io the OWNER,
suspend services under this Agreement until the CONSULTANT has been paid in full all
amounts due for services, expenses, and charges, provided, however, nothing herein shall
require the OWNER to pay the late charge of one percent (1%) set forth herein if the '
OWNER reasonably determines that the work Is unsatisfactory, In accordance with this
Article V, "Compensation,"
12
7~: x Io 32XI❑
0
*VON
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any subcontractors or subconsultants,
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The computer model
delivered by CONSULTANT shall become the OWNER's property, and the OWNER shall be
able to utilize the computer model not only on this project, but on similar types of analyses and
similar projects. With the exception of the computer model, the documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and
OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense.
In the event the OWNER uses any of the informalion or materials developed pursuant to this
Agreement in ►•wther project or for other purposes than specified herein, CONSULTANT Is
remised from any and all liability relating to their use in that project.
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an Independent contractor, not as t
an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officers, agents, and employees from and against any and all liability, claims, demands, damages,
losses, and expenses, including, but not limited to court costs and rtasonsule attomey fees
incurrvd by the OWNER, and Including, without limitation, damages for bodily and personal
injury, death and property damage, resulting from the negligent sets or omissions of the
CONSULTANT or lit officers, shareholders, agents, or employees in the execution, operation, or
performance of this Agreement,
Nothing in this Agreement shall be construed to create a liability to any person who is not ' r
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at /
law or equity, to any eisim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunily, which defenses are hereby
expressly reserved.
13
10 32X
u
' i
j
ARTICLE X
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State
of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A. or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 In the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
5100,000 in the aggregate
B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for
each person and not less than $500,000 for each accident, and with property damage
limits of not less than S 100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory requirements, and
Employers' Liability Insurance with limits of not less than $100,000 for each accident
D, Professional Liability Insurance with limiti of not less than $1,000,000 annual aggregate.
E. The CONSULTANT shall furnish insurance certificates or insurance policies at the
OWNER's request to evidence such coverages, The insurance policies shalt name the
OWNER as as additional insured on all such policies, and shall contain a provision that
such insurance shall not be canceled or modified without thirty (30) days' prior written
notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior
to the Wective date of the change or cancellation, serve sutstitute policies furnishing the
same coverage.
ARTICLE Al
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to stole any disputes under this Agreement by submitting the
dispute to arbitration or other means of alternate dispute resolution, such as mediation. No
arbitration or alternate dispute resolution arising out of or relating to this Agreement, Involving
one party's disagreement, may Include the other party to the disagreement without the other's
appro%al.
s ARTICLE X11 • s
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days' advisee written notice to the other party,
I
I
14
i
amr x a 32X I
'i
t
e
B. This Agreement may be terminated in whole or in part In the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of Intent to terminate and setting forth the reasons
specifying the non-performance, and not less than thirty (30) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If the Agreement Is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall Immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article V "Compensation." Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate In providing information: The CONSULTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain coplra
of such documents for its use.
ARTICLE X111
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work; nor shr.il such approval be deemed to be an assumption of such responsibility by the
OWNER fcr any defect in the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultants.
ARTICLE XIV_
NOTICES
'My
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same In the United
States mail to the address shown below, certiled mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days, mailing.
To CONSULTANT: To OWNER:
r = Applied Geographic Technologies, inc. City of Denton ♦ •
,l Thomas C. Davies, P. E. (toward Martin, Jr.
President Assistant City Manager of Utilities
1412 West Magnolia Avenue 213 East McKinney
fort Worth, Texas 76104 Dentan, Two, 76201
15
10 32XIO
b
E •
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement, consisting of 1 I pages and 3 exhibits, constitutes the complete and final
expression of the agreement of the parties, and is intended as a complete and exclusive statement j
of the terms of their agreements, and supersedes all prior contemporaneous offers, promises,
representations, negotiations, discussions, communications, and agreements which may have
been made in connection with the subject matter hercof.
ARTICLE XV1
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken I
provis~.on.
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as they may now read or
hereinafter be amended.
ARTICLE XVIH
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE XJX
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all i
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER. CONSULTANT shalt inform the OWNER of any conflict of interest or
potential conflict of Interest that may arise during the term of this Agreement.
16
y, - 25x01 32 x~C
0
i
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement, and shall not
transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without
the prior written consent of the OWNER.
ARTICLE XXI
MODIFICATION
No waiver or modification of (hilt Agreement or of any covenant, condition, or limitation
herein contained shatl be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in '
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE XXII
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit "A" - City of Denton RFP No. 2140.
Exhibit "B" City of Denton RFP No. 2140, Scope of Work, dated )an, 21, l"48.
Exhibit "C" - Schedule of Charges.
B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) yeas after
the final payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers, and records of the CONSULTANT
0 involving transactions relating to this Agreement. CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities
and shall be provided adequate and appropriate working space in order to conduct audit
in compliance with this section. OWNER shall give CONSULTANT reasonable advance
notice of intended audits.
0 C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton 0
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas,
M For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Mr, Tom Davies, P.E,, President; Mr. Preston Dillard, PI., Project
Manager; and Mr, Brad Pierce, EIT„ Project Engineer. However, nothing herein shall
11
zh K 0 32
•
limit CONSULTANT from using other qualified and competent members of its firm to
perform the services required herein.
E. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance wvith
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's
disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement.
0. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement
IN WITNESS HEREOF, the City of Denton, Texas his caused this Agreement to be i
executed by its duty authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this the day of
l9
CITY OF DENTON, TEXAS
TED BENAVIDES, CITY MANAGER
ATTEST:
w JENNIFER WALTERS, CITY SECRETARY
•
BY: Y
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: _
ig
32013
p
3
R
CONSULTANT
APPLIED GEOGRAPHIC `
TECHNOLOGIES,
4
t
Thomas C. Davies, P.E.
President
t
VVITNESS:
BY:
b'rnA F;¢r['e
1
~'Qf QtYlllM~iM1Y'.R~T'~ ~l k~s IR I
I 1
r, U
•
i
i
I
I
to
2, x ~ 32XICI
l
r,
Exhibit "A"
City of Denton RFP No. 2140.
r'
i
u
20
29 CI 32 x I O
a i .rte }
RFP #2140 j
CI'T'Y OF DENTON
REQUEST FOR PROPOSALS FOR LAND USE PLANNING AND
FORECASTING, WASTEWATER COLLECTION SYSTEM MASTER
PLANNING, AND ENGINEERING SERVICES RELATED TO
COMPREHENSIVE PLAN DEVELOPMENT AND IMPACT FEE
IMPLEMENTATION
INTRODUCTION
The City of Denton invites your firm to submit a technical proposal for providing either or
both of the services listed below;
1. Land Use Planning and Forecasting; and/or
2. Engineering services, including the preparation of a wastewater collection system master
plan, preparation of a 10-year capital improvements plan for water and wastewater
system improvements and possibly roadway and drainage improvements, calculation of
proposed impact fees, and other engineering services related to the enactment of impact
fees. 1
The remaining steps of the process for selecting consultants will involve a written response
to this request for proposals, a further "short listing" of f=s for interviews, the interviews,
selection of firm(s), and contract negotiations. The City may elect to contract with two firms
individually and have the consultants coordinate their work or contract with one firm for
both planning and engineering services.
Each firm is encouraged to become familiar with the project. Feet free to contact the
appropriate contact person;
For Planning Issues For Engineerin Issues
r ` Dave hill h11 Jordan
. Director of Planning Int. Director of Water/Wastewater
940-349.8350 940.3497185
I
DF.SCRIP110N OF PROJECT j
Exhibit A describes the project in general and the land use planning and forecasting work in
• particular. Exhibit 8 outlines the scope of work for the wastewater master plan and other r •
engineering services related to the comprehensive plan development and impact fee
implementation. Consultants are encouraged to read both of the exhibits to gain a complete
understanding of the project,
21
25,k ❑ 32 x
NAO
s
IMM"M
0
I
PRE-PROPOSAL MEETING
A pre-proposal meeting will be held at 10 a.m. December 11, 1997, in the Training Room at
901-A Texas Street, Denton. The meeting will provide a forum to address questions.
NATURE OF CONTRACT
Consultants should be advised that the contract with the selected firm(s) will contain a
provision that each major task of work for the consultant to perform will be severable from
the others. This 1 rovision will allow the City to cancel any tasks that become no longer j
necessary, should the City decide to alter its course in the enactment of impact fees. The
contract may also contain language which sets up certain tasks to be Phase 2 tasks such that
they are part of a subsequent contract amendment that depends on the successful completion
of Phase I tasks. This provision may be helpful to the City to allow budgeting for the project
in multiple fiscal years.
The selected consultant(s) will be asked during the contract negotiation phase to prepare a
cost proposal that outlines the requested fee amount for each task.
TECHNICAL PROPOSAL
The technical proposals will help Denton to select the firm(s) that can best satisfy Denton's
particular needs.
contents:
Each proposal shall address at least the areas identified below. Additional areas may be
addressed,
• Table of Contents
' • Scopt of Work: Discuss how your firm would perform the services requested in Exhibit A
andlor B. Include a proposed schedule of tasks to be performed and show when these tasks
would be performed relative to the overall project schedule. Include a discussion of what
information or deliverables your firm would need from the other consultant if the City
chooses to contract individually with a planning and an engineering firm. Also include any
suggested coordination procedures or concerns your firm has about the arrangement of two
separate contracts. Finns submitting for both areas need not include this discussion, but may
i want to indicate their intent if they are not selected to conduct the entire project. r
a Project Team: Provide the name and qualifications of the principal in charge, project
manager(s) who will be assigned to the project if the firm Is selected, and key members of the r
22
0
I
I
project team. Include their position with the company, location of their office, role on the
project, and related experience, etc.
I
• Subcontractors: If the firm intends to utilize a subcontractor, please identify the work to be
accomplished, the length of previous professional relationship between the parties, their
relevant project experience, nature of the work on this project that they would be performing,
and the personnel who will be working on the project.
• Experience: Provide a list of projects for which the firm provided engineering or planning
services that are similar in nature to the types of services being sought by the City of Denton.
Include name of client, type of service provided, and a reference person and telephone
number, date of project completion, data on whether project was completed on time, and
nature of any public participation by the consultant, if any on that project.
For the engineering firms, please identify those projects for which your personnel used the
1lydroworks Model. If your firm does not have specific experience with this model, please
indicate in your scope of work how your Cron will acquire this knowledge.
• Appendix: Any additional information shall be included in this section.
SUBMITTAL:
Ten copies of the proposal shall be addressed and delivered to:
Tom Shaw
Purchasing Agent
901•B Texas Street
Denton, TX 76201
before 2:00 p.m., Tuesday, December 23, 1997, Proposal's shall be placed in a large
sealed device clearly indicating whether the firm is submitting for the planning,
engineering, or both segments of this project. Referencing RFQ #2140.
-S}iORT LIST" SELECTION
The City of Denton will form a Selection Committee to analyze each proposal submitted to make
a "short list" of firms to receive an invitation to interview. Selection criteria used to rate the
firm's proposal are described below:
• Appropriateness of Work Plan
tM
• Related Project Experience - relative to the needs of Denton
• Adequacy of resources -to complete the project successfully.
23
11111[All J11111111 ANION
0
i
i
k
• Staff- Principal-in Charge and Project Manager's expertise,
• Appropriateness of schedule and ability to deliver services on time
a References
FiNAt 5 L.ECTION PRl?CE55_ M PROJECT SCFI>!=
The schedule for the consultant selection process is as follows. Please make note of the change
in the date for the pre-proposal meeting.
Ciry sends RFP to shortlistcd firms December 5,1997 +
Recommended Pre-Proposal meeting for Thursday, December 11,1997,10:00 amp
short-listed firms City Service Center Training Room
Deadline for submitting pro sals Tuesday, December 3, 1997
Interviews of consultants Wednesda , Janu 7,1498
Selection of consultants Friday, January 9,1998
Public Utilities Board Review and Monday, February 2, 1998
Recommendation
City Council Review WW A royal Tuesday. February 17,1998
The City reserves the right to extend this schedule if necessary.
PRO ts'CT COMPLETION SCHEDULE
Consultants should refer to Attachments 2 and 3 of Exhibit A from the original request for
qualifications that provides information on the project schedule. Time is of the essence for this
project. As part of the short listed rims' response to this Request for Proposals, consultants may {
suggest ways to shorten the project schedule. Extending the duration of the project will not be
allowed. Consultants must submit a recommended project schedule as part of their technical
proposal.
r
24 3200
A
• o
EXHIBIT A: LAND USE PLANNING AND FORECASTING SERVICES
OVERVIEW
The City of Denton is an historic, full-service community, with a population of about 70,000,
located in rapidly growing Denton County on the fringe of the Dallas - Fort Worth metroplex.
The City is developing a comprehensive plan to guide its development for the next twenty-five
years. The geographic scope of the plan has been tentatively set as the current city boundaries,
plus a 5-mile extraterritorial jurisdiction (in anticipation of the City of Denton population level
exceeding 100,000 within the 23-year time hori2on of the plan).
Consulting Services Sought. The City seeks professional land use planrSng and forecasting
services to assist the City to:
(l) Prepare trend analyses, using major demographic and economic characteristics, for definrd
sub-areas (aggregated by Census blocks and/or utility service areas) of the city.
Development of baseline projections will also be required to forecast the magnitude of
market-driven growth, for the sub-areas and the entire study area;
(2) Prepare alternative development scenarios to assist the City in its comprehensive planning
effort. Altemative development scenarios must demonstrate the anticipated effects of four
different management options on the geographic distribution of development and associated
impacts on infrastructure systems of the City. The scenarios will be evaluated by the
community to select a "Preferred Development Scenario" to guide comprehensive plan
preparation. The comprehensive plan process will determine the appropriate urban growth
management techniques needed to manage the quality, location or timing of development;
(3) Prepare supporting data, lard use assumptions and basic infrastructure capital needs analysis
necessary to complete the comprehensive plan and calculate development impact fees; and
(4) Provide coordination recommendations that would facilitate the proper completion of
Wastewater Collection System Master Planning services to the City of Denton,
Description of Project
Purvose. The purposes of development of alternative scenarios are to;
• 1. Establish a baseline forecast of population growth, economic activity, and lend use that
reflects unconstrained, market-based development.
2. Demonstrate the impacts of a variety of alternative urban land development patterns that
may be appropriate visions of future development in Denton and its extra-territorial
jurisdiction, Each scenario shall be consistent with the baseline forecasts, but will vary
• the form, location, timing or other parameters of future development. • •
3. Determine the land absorption and fiscal impacts of a single selected alternative
development scenario compared to development continuing current trends,
.S
7h x 32xl[]
•
a~
i
j
4. Support the determination of land use assumptioc,+ .)r the purpose of developing a
comprehensive plan for the City, and the calculation o::evaopment-related impact fees.
I
The preparation of these scenarios is intended to generate community discussion and
debate as choices are made regarding future growth options. Consultant firms are
encouraged to suggest creative approaches in regard to the structure of the alternative
scenarios. The analysis of each scenario must communicate aspects of developmental
growth with respect to potential influence on both "quality of life" and economic issues.
Consistenev. The project must demonstrate actions that are consistent with adopted or proposed
development policies and plans of the City of Denton. The consultant shall be provided existing
plans and prevailing development-related policies available from the City.
Basic Components. The following topics are basic components of the City's comprehensive
plan. These parameters should be addressed when providing analysis of each alternative
development scenario.
L Transportation 8, Parks and Recreation
2. Housing 9. Neighborhoods
3. Economic Development 10. Urban Design
4. Land Use
5. Environmental Protection
6. Public Facilities and Services
7, Government Policies
Innovative Aspects. The consultant should demonstrate innovative ways to portray the impacts
of alternative development scenarios in and around Denton, including narrative, statistical and
illustrative formats.
Goo aphic Areas Involved. The study area must concentrate on Denton and its ETl, but the
area must be placed within a regional context that recognizes its role in Denton County and the
Dallas - Fort Worth metroplex.
2dL The City of Denton staff expects to provide most of the data needed for the land use
planning and forecasting available to the selected consultant. Proposals should identify the types
of data needed for the project that are not already easily available from other sources.
Geographic information will be made available using an Arcinfo software format if it has been
digitized previously.
SCOPE OF WORK:
L Baseline Forecast, Establish baseline forecast of population growth, economic activity
and institutional changer, baseJ on a market-driven development pattern. As compared
to the altemati- : de%-e opment scenarios, the baseline forecast is intended to address the
magnitud :t of market driven growth, rather than to address geographic distribution issues.
26
5S~
0
WA:~
2. Characterization. Characterize the commwuty, based on factors developed from the
baseline analysis, and provide trend analysis for a variety of demographic parameters.
Sub-area analysis will be necessary that respects drainage basin or other service area
boundaries,
1 ~I
3. Alternative Development Scenarios. Demonstrate geographic distribution
characteristics and general fiscal impacts of at least four altemaii+e development
scenarios, including:
a) "CORRIDOR" SCENARIO@ Linear development along major corridors
(modeled substantially in alignment with 1997 draft Denton Development Plan);
b) "URBAN CENTERS" SCENARIO: Development concentrated around large
nodes distributed at strategic points along the thoroughfare system (modeled
substantially in alignment with the 1988 Denton Development Plan,
0 "i EIGHBORHOQD CENTERS" SCENARIO: Development distributed
within the framework of Traditional Neighborhood Development "village" units,
acknowledging, however, the demand for regional commercial and employment
development opportunities.
d) "COMPACT GROWTH" SCENARIO: Development patterns established by
using the concepts of "carrying capacity" and "sustainable development."
Development is managed and growth is constrained if necessary through a
strategy of in-fill development and phased infrastructure management.
4. Preferred Developmentts,+j&. After a public review process for the alternative
development scenarios has been conducted, a "preferred" development scenario will be
selected by the Denton City Council. The consultant will then provide a d,:tailed analysis,
including land use absorption projections by sub-area, of the preferred scenario. The
preferred scenario may incorporate and blend elements of each of the alternative
scenarios. A sufficient level of detail is required to support the formulation of
development impact fee land use assumptions.
^ S. Fi,cal Impacts, An analysis shall be prepared to demonstrate the fiscal impacts resulting
from the preferred alternative urban land development pattern, The analysis must
accommodate projected population growth, economic activity and institutional changes
and identify thresholds, or triggers, for major capital projects and public improvements.
Schedule I Milestones
Projects number 1,2 and 3 must be delivered together for public review, 'c'asks 4 and S will
j follow after the Denton City Council selects a preferred development scenario, r
Deliverables
tl ➢ City Council presentation
D Camera-ready final document
li Display ma+erials - charts, tables and illustrations -compatible with the City's GIS.
27
2.5 K ~G 32XID
R '
O
i
EXHIBIT B WASTEWATER COLLECTION SYSTEM MASTER PLAN AND
OTHER ENGINEERING SERVICES
OVERVIEW.
The City of Denton's current sewershed is divided in three major sewer basins; Cooper Creek,
Hickory Creek and Pecan Creek, The Cooper Creek and Hickory Creek sewer basins discharge
into the Pecan Creek sewer basin through Cooper Creek Lift Station and Hickory Creek Lift
Station respectively. The contained wastewater then flows through the Pecan Creek sewer basin
to the Pecan Creek Water Reclamation Facility.
As the City grows, additional sewersheds may have to added. The Milam Creek and Clear Creek
sewersheds to the north of the City are likely to see development during the time period that this
study covers. Consultants will be asked to review the City's approach to the expansion of sewer
service to these areas. Consultants will also need to consider the boundaries of the City's
existing CCN in relation to the study area defined and identified as part of the land planning
activities.
The three current sewersheds are also the three primary watersheds serving as the backbone of
the City's Drainage system. A thoruughfare plan, drainage studies, and a master plan for the
water distribution system have already been prepared. The boundaries of the water master plan
may have to be expanded to cover the area identified in the land planning activities.
EXISTING DATAt
City of Denton has collection system data available for the Cooper Creek and Pecan Creek sewer
basins in the Hydragraphics Model (Developed by Pizer, Inc.) The Cooper Creek Hydrjgraphics
Model has been converted Into the Hydroworks Model (developed by Wallingford Software,
Ltd,, United Kingdom). The Hickory Creek sewer basin data is available in Are Info G1S
database. Also, the invert elevations and top of manhole elevation data for the Cooper Creek and
Pecan Creek sewer basins is field verified and available in digital format in dBue database.
City of Denton has wastewater flow and rain gauge data available for all three bums, More data
• may be required to calibrate the Hickory Creek Model.
j Other existing data that may be of use to the selected consultant Include;
1 Mauer Plan Report on the Water Distribution System, 1997
Master Drainage Plan Update, 1990 and anginal plan, 1974
0 Thoroughfare Plan, both the 1998 approved version and the 1997 draft update • •
Cooper Creek and Pecan Creek T ributary 4 Regional Drainage Study, 1996
Hickory Creek Watershed Flood Control Study, 1989
Flood Instuance Study, 1997
Pecan Creek Master Plan, 19%
28
i
0
5•Yw Capital Improvement Plans for water, wastewater, drainage, and streets
Traffic model, 1989 by JAS Associates
SCOPE OF WORK: j
The Consultant selected for this project may perform the following brobdly defined scope of
services;
WASTEWATER SYSTEM ASTE&ELANNING:
I. Develop a wastewater collection system master plan using Hydroworks Model, convert the
existing Hydragraphics Model for Pecan Creek, and develop the Hydroworks Model for
Hickory Creek.
2. Develop wet weather and dry weather design flows for present system, 2008 system and
2020 system.
3. Define surcharged sections of collection system using the computer model. Then using this
surcharge condition data, place controls within the collection system to use the storage
available within the collection system in arras where the system is not surcharged,
4. Infer data from flow measurement devices installed in the collection system, The raw flow
data will be provided by the City of Denton.
S, As special services, locate all manholes and top of manhole and invert elevation data for the
Hickory Cr,aek sewer basin only, for the segments of mains and interceptors to be used in the
computer model.
6. Develop cost data for wastewater collection system improvements for the 10 year CIP, and
the 2020 system based on results from the collection system computer model. Development
of the wastewater master plan shall be based upon the results of the comprehensive plot and
land use assumptions prepared by others. This plan could trigger a need to c,nsider
wastewater service outside of the three current sewersheds,
,
. ENGINEERING SERVICES ULATED TO IMPACT FEES:
1. Review and update or expand as necessary the water distribution system master plan to
reflect the City's needs based upon the comprehensive plan and land use assumptions
developed by others.
+ 2. Perform a feasibility study for implementing roadway and drainage Impact fees which the
City can use In deciding whether to implement Impact fees for these types of Improvements.
As part of this study, estimate In broad terms the types of projects and their associated dollar
' amount that impact fees could fund and contrast this information with the overall drainage
needs of the City and the amount of offshe roadway improvements that the City already
requires of developers. Briefly review other funding mechanisms for drainage and roadway
29
)r) !_J 32XIO
imam"
0
improvements and make recommendations as to what type of funding mechanisms the City
should use. Present this report to the Public Utilities Board and City Council at separate
meetings.
3. As part of preparing a suggested project schedule, identify when the City Council should
make the decision on whether to include drainage and roadway impact fed as put of the
process to enact impact fees. If these categories of infrastructure are to be Included in the
process, outline what services your firm would need to provide to include these topics In the
10-year CIP plan.
4. Develop a 10-year CIP for infrastructure improvements that are to be funded through an
impact fee.
5. Calculate the Impact fees.
30
t
26 ( 32 X I O
I
i
Exhibit "B"
City of Denton RFP No. 2140, Scope of Work
Dated January 27, 19984
i
31
W
{ sJx , 3 Xl 41
r►
0
n
I
l
CITY OF DENTON RFP No. 2140
SCOPE OF WORK '
The labor effort described in this scope of work is to be on a Lump Sump contract basis.
Expenses related to the project are to be on a Cost Plus basis.
f wud0WW&r Maahr P1M and Ifi*M :It Fees
1.1.1 Project Kick-Off Meeting
Upon finalization of a contract and scope of work, a project kick-off meeting will be
conducted. This is an Important meeting that will have two major topics on the agenda.
First, the meeting will serve to establish lines of communication between City staff and
project team personnel. It is recommended that attendees for this meeting include all
task leaders from the project team, as well as all key staff members from the City of
Denton. Each attendee will be Introduced and will explain their role/involvement with the
project. In addition, proper procedures for inquiring and obtaining data from the City will
be covered, as well es ways the client can Informally interact with the project team.
The meeting will also include a dialogue on the project criteria. The project team will
relate their experience on the various criteria, and the City staff will provide their Input
and preferences. The goal will be to establish a general understanding of the project
criteria preferred.
1.1,2 Develop Draft Project Criteria
Project criteria will establish the degree, accuracy, and breadth of the analysis to be
performed. Identifying these up front contributes to the efficiency of the project, and
builds confidence that the final deliverable will meet the expectations of the client.
714 Criteria are to be discussed as part of the project kickoff meeting. Based upon that
r disc,rslon, the project team will fully develop the criteria In a memorandum for the City's
rev ow. Project criteria to be Identified are listed below.
A 1.1.2.1 Define Typical Smallest Diameter for Project Models
1.1.2.2 Define Design Storm Events Return Period
1,1.2.3 Define Water Master Plan Update Requirements
1.1.2.4 Define Impact Fee Requirements
• •
1.1.2.6 City Staff Review and Comment
City of Denton staff will have ample opportunity to review the memorandum outlining the
proposed project criieds. Any comments, changes, requests will be forwarded to the
project manager for Incorporation Into the final document.
WW r.Jra«
o+ar!x
32
2 h x Q 32X10
hil
a ,
0
I
1,1.3 Finalize Project Criteria
The project team will finalize the project criteria memorandum. This document will
became the final definition of the criteria to be used in the analysis for this project.
I
i-1 2 1,2.1 Convert Existing Pecan Creek Hydra Models to
HydroWorks (HydroWorks File *.DSD)
The major effort of salvaging data from the existing Hydregraphics model into
HydroWorks will be done by AOT under a separate agreement with the City of Denton.
Items below cover additional necessary items not included in the separate agreement.
1.2.1.1 Check for Mlsoing Osts
Sometimes there Is data missing when conversions are performed. AOT will thoroughly
check the resulting database for moslilg data pertinent to the new modeling effort,
1.2.1.2 Compare Database to OIS Data
This activity serves the purpose of providing a quality control review check of data from
one source against data from another source. The goal Is to quickly determine the
quality of the data and the results or impacts of missing data.
1.2.1,3 Resolve Missing Data
If data Is missing or of suspect quality then efforts will be made to determine the best
possible solution for resolving this problem.
1.2.2 Convert Existing Hickory Creek Arcinfo Data to
HydroWorks
The major effort of extracting data from the existing Arcinlo OIS Into HydroWorks will be
done by AOT under a separate agreement with the City of Denton. Items below cover
additional necessary items not Included In the separate agreement.
1.2.2.1 Check New Database for Missing Data and Resolve
When the data Is In a database, the data will then be sorted, quarto and manipulated to
• discover and resolve any missing data. This stage will also allow the opportunity to
check for erroneous data.
1.2.2.2 Manhole Locating and Surveying for Hickory Creak
AOT will obtain x, y and z (seating, northing, and elevation) values based upon NAD83
for all manholes In the Hickory Creek basin, to be modeled as specified by the City.
1.2.2.3 Manhole Condition Inspections for Hickory Creek
. AQT will perform aboveground manhole Inspections of all manholes In the Hickory
Creek basin, to be modstod as specified by the City. These inspections will report the 0
+ general conditions oM dimensions of the manhoes. Al3T personnel will not enter the
manholes at any time
sow I Volta
6v7>A!
33
(I 32XIO
A
0
1.2.3 Final Model Building
1.23.1 Create Rainfall oolygons (Theissen Polygons)
Using available rain gauge data and their respective locations, AOT will create a
Theisen Polygon for each rain gauge. The area within each Theissen Polygon
represents the area of influence represented by rain gauge. By this method, each node
In the model will be assigned to its closest rain gauge.
1.2.3.2 Crests/Refine Service Arose
The Pecan and Cooper Creek models, previously in Hydragraphics, have subareas or
service areas assigned to appropriate nodes or manholes. A conversion of the created
AutoCAD files showing those subareas will be made to make them ArcVlew compatible.
New or refined sub-areas representing changes or additions to the models will be made.
Proposed service area boundaries will also be created in ArcView, following coordination
and consultation with the Land Use Planning consultant. New sub-areas will be defined
for the Hickory Creek model.
1.2.3.3 Calculate Storage Volume of Not-Modeled Sewers- Add to
Models
An important step in the development of any dynamic sewer modeling system Is the
steps taken to maintain the amount of storage volume in manholes and sewer lines that
are not a part of the sewer system model.
The volume of storage in the manholes and lines not in the model can significantly
Impact the accuracy of the model. AOT has developed a process that analyzes the
system and calculates the appropriate volume to add to the connecting manholes. This
additional volume will be added to the models.
1.2.3.4 Coordinate with Land Use Planning Consultant
1.2.3.4.1 Service Areas
0.3.4.2 Population Projections
As noted above there are some key topics in this section where the Wastewater Master
Planning Engineer will require data Irom or need to coordinate with tho Land Use
Planning consultant.
The delineation of service areas or subareas and most importantly the corresponding
* 1 population projections for the future service areas wilt be coordinated with the Land Use
I) Planning consultant to ensure the appropriate distribution of population to the existing
and future models.
1.3 F low and Rainfall Data
1.3.1 Data Analysis
1.3.1.1 Flow Metering Data O O
y 1,3.1,2 Rainfall Data
ji Ouality flow date at multiple locations throughout the sewer system and rainfall data ovor
the entire drainage area Is of Course critical to master planning a sewer system. Our
SOW 1.210C
O1R79S
34
32XIO
RKMXIU
•
0
approach Involves calibrating the hydraulic models on three distinct storm events
captured by flow meters and rain gauges. However, N sAiclent data Is not available to
support the calibration of three storm events, AOT will utilize what data is available and
develop an adequate planning level of detail for the project.
1.3.2 Data Conversion Into HydroWorks Input Observed
Data Format
Conversion of observed flow meter and rain gauge data Into HYO and RED files for use
directly In the HydroWorks model is already being done for the city by AOT under a
separate agreement and will rot be repeated here. For this project, AaT will analyze
and review the data collucted by the City for the Pecan and Hickory Creek basins and
select periods of data for dry and wet weather flow calibration.
1A Dvvelop Design
1.4.1 Analyze Hydraulic Inputs of Old Models
A brief review of the hydraulic data Input Into the old Cooper and Pecan Creek basin
Hydragraphics models will be performed. This review will Include a took at the shape of
diurnally varying dry weather flows and the method used to create a wet weather
response,
1.4.2 Develop Dry Weather Inputs - Build HydroWorks
Wastewater Generator File (HydroWorks File *.WWG)
Hydrographs considered representative of the dry weather flow magnitude and diurnal
curve shape will be developed from fiow meter data supplied by the City. These
hydrographs will reflect the typical peaks and ebbs of daily sewer fiow response for a 3 J
non-rain event period. These hydrographs Wit be digitally formatted to bad Into the
HydroWorks nodet as WWO filet. While the process of calibrating the model for dry
weather may further modify and retina the results of this particular task, this will be the
starting point for the dry weather calibration.
1.4.3 Develop Design Storms (Wet Weather Events)
1.4.3.1 Review TP40 for Baseline Oda
1.4.3.2 Develop Design Input Files (HydroWorks Files ".RED)
1.4.3.2. i 2-Year Storm
1.4.3.2.2 d-Yeir Storm '
1.4.3.2.3 16-y"r Storm
0 NOAA Techn'ioal Paper No. 40 (TP40) is proposed as the basis for formulating the •
JV design storm(s) (o be used in the model. Using a national standard such as TP40 for the
baseline of a model storm Input provides for better comparison between the City of
Denton and other utilities around the country. This allows the City of Donlon officials as
sow 121 dot
oir~rrye
Cce: 2.5 3S
32x ❑
s
AMID"
o
k
i
well as regulators to fairly compare the sewer system analysis and associated
recommended Improvements with other sewer system master plans.
The actual design storm return periods and durations to be utilized in the modeling effort
will be chosen by City eta", and Included as part of the project criteria developed at the
project start. Based upon our knowledge to date of the situation In Denton, three
different design storms will be modeled for all three baslns. Since sewer system controls
arc to be considered as possible improvements, analyzing the sewer system with three
design storms provides more Insight Into the extent of the problems facing the sewer
system in its current state, and more fully sizes and evaluates proposed Improvements.
A major, goal of the master plan is to determine the need for and extent of impact fees.
With this In mind it would be prudent to fully analyze the system for the three design
storms to understand the cost of Improvements. Our typical approach involves modeling
a 2-year, 5-year, and 10-year storm developed per TP40 criteria.
i
1.4.4 Review with City Staff
1,5 Model Calibration
1.5.1 Dry Weather Observed Calibration Calibration Runs
The hydraulic model will be calibrated for dry weather or a "non-raln" event. Each basin
model will be calibrated for flow against the representative dry day(s) colecled from the
flow monitoring data. Model results will be graphed against flow mater data for the
selected dry day. First the per capita dairy flow upstream of each fow meter site Is
adjusted to match total daily volume observed at each flow meter. Second, the
distribution of the per capita flow throughout th3 day Is adjusted to match the daily flow
distribution, with special attention paid to matching flow peaks, as obso vod by the flow
meters. Also in this process, point source flows are input which represent flows from
major commercial or industrial sources. Iterations of adjustments will be made until the
model results closely represent the observed dry weather "ow data at each flow meter
site.
1.5.2 Wet Weather Observed Event Calibration
Just as in the dry calibration, observed flow data Is used to calibrate the model for wet I
weather. A 1 to 2 day period will be selected from the flow data In which rainfall
occurred. first, the volume of in entering the system is adjusted as percent of rainfall (or
• leaklness factor) until It closely represents what was observed by the flow maters.
Second, the rate at which the rainfall enters the system as Ill is adjusted until the
distribution matches the observed "ow data with special attention paid to matching the
peaks In the flow data.
This wet weather event calibration procedure wilt be repeated for 3 observed storm
events, if available. See next section for more detail.
1.5.2.1 Build HydroWorke Runoff Parameters Pile (HydroWorke • •
File O.RIPF)
WWI r? 6X
otraorse
36
zh x Q 32x Q
.
e .
0
1.5.2.2 Calibration Runs
1.6.2.2.1 Storm A -Small Storm with Syatam Reaponsa, H evallable
1.3.2.2.2 Storm a - Medium Storm With System Response, # available
1.6.223 Storm C- Larger Storm with System Response, If avalAWO
Ideally, the process described above for wet weather calibration will be done for a
maximum of 3 different sized rainfall storm events. If, during flow monitoring, 3 separate
rain events ooctir that are of varying Intensities (and possibly varying durations), then a
wet weather calibration will be done for all 3 storms. For each storm, this will yield a
separate set of leakiness factors (or % rainfall that becomes 0).
1.6.2.3 Develop System Response Curves from Observed Storm
Runs
U2.3.1 Pict Calibration Data
Crwte Design Modal Input F11" {HydroW**s WF 0110)
After each storm Is calibrated, this yields a set of leakiness factors that are specific to
each storm and its characteristics. For future Improvements planning, however, a
design storm will be used that will most likely not be the same as any of the observed
rain events.
In an effort to create a set of leakiness factors that is appropriate for the design storm,
the 3 calibrated storms and the leakiness factors for each are graphed for each flow
meter site. Then a system response curve is drawn to best approximate how III Is
related to storm volume and a new set of leakiness factors are determined for the design
storm(s).
These new leakiness factors are entered Into the Runoff Parameters File (FPF) for use
when modeling the design storm(s).
1.6.1 Identify Surcharging/Bottlenecked (Problem Areas)
Sewers
1.6.1.1 1M Existing System Model
,M1 1.6.1.1.1 Dryweather
• 1.6.1.1.2 wet wesow
1.8.1.1.2.1 2-Year Design Storm
1.6.1.1.2.2 $-Year Design Storm
t.e.1.1.2,3 10-Year Design Storm
1.6.1.2 2008 Planning Year Models
1.6.1.21 Coordination with Land Use rlanning Consultant * •
I.e.1.2.2 Dry weather
sow 1.2? eoe
oinrroe
3y
- 25 x t❑ 32X IO
0
i
!.6.1.2.3 Wet Weather
1,6,1.2,3.1 2-Year Design Storm
1.6.1.2.3.2 5-Year Design Storm
1.81.2.3.3 10-Year Design Storm
1.6.1.3 2020 Planning Year Models
I
1.0.1.3.1 Coordination with Land (lee Planning ConsuN+nf
1.8.1.3.2 Dry W#aftW
1.8.113.3 Wet Weether
1.6,1.3.3.1 2-Year Design Storm
1.6.1.3.3.2 5-Year Design Storm
1.6.1.3.3.3 10-Year Design Storm
The existing City of Denton sewer system will be modeled using the population and
employment estimates of the current year, the year 2008, and the year 2020. All of the
design storm(s) selected as part of the project criteria will be modeled for the existing,
2008, and 2024 periods, Assuming that 3 design storms will be selected as part of the
project criteria, a total of 12 model rur s (including dry weather runs) per sewer basin will
be made of the calibrated existing sewer system.
Each problem location (surcharged pipe, overflow, etc.), determined by the HydroWorks
model will be cataloged In an Microsoft Access database. The different planning periods
and design storm model runs will help to prioritize the problem areas found, Overflows
found In a dry weather run would be Included as a top priority fcr implementing
improvements to stop them. Successive priorities would be established, ending with a
priority for overflows that only occur during the year 2020, 10-year design storm model
(worst case).
A selection of one design storm will be made with the City, based upon the overflow
statistics of the model runs above. The selected design storm will be used for the
rem,finder of the system Improvement alternative--) and cost estimates.
4.6.2 Develop Flow Controls Plan
1.6.2.1 Develop "Traditional" System Improvements Plan (Baseline
r Improvements)
1.6.2.1.1 Rsflef Sewer
11.2.1.2 Pump Station Upgradoe
ach of the problem areas identified will be addressed as part of the master planning
effort and best Improvements for correcting those problems recommended. Ail
Improvements will be sized so that the problem Is solved all the way through the year
2020 selected design storm. Recommended improvements will be developed taking Into
r consde~ation the knowledge that a group of problems found in the existing system Is •
many times caused by a single bottleneck area. The final recommended solution would
be the best alternativs determined from an analysis of several alternatives that range
`1► from a "traditional" relief "war Improvement to a real-time control storage solution.
Traditional Improvements will be sized and modeled so that all pipe caoacibes are
SONY I'll 60C
ornr+ee
38
•
p
sufficiently increased to eliminate overflows found In the existing system model runs. In
addition to pipe capacity improvements, any necessary pump station improvements will
also be examined and modeled.
1.6.2.2 Develop Flow Controls Plan '
1.6.2.2.1 Verleble Speed Pump ftflon Pion
11.6.2.2.11.1 Controlled Pumping Plan
1.6.2.2.1.2 Wet Well Storage Plan
The HydroWorks model is fully capable of modeling sewer system lift stations. The
Cooper Creek and Hickory Creek Lift Stations would be evaluated at the various
planning periods and design storms, and recommendations would be made on capacity
Improvements needed, The evaluation wculd include the Interaction of these lift stations
with the Pecan Creek sewer basin. Any other existing lift stations would be included in
the modeling effort as well. Additionally, our project approach would entail analyzing
new lift stations In problem areas of the sewer system, to determine 9 they might be a
better solution than traditional methods. Target areas would be under capacity sewer
lines In areas of near zero slope and/or tight construction access or easements; or
siphon situations in new growth areas (areas which today tack sewer service).
1.6.2.2.2 Develop Rest- 776V Control Storeye Plan (RTC)
1.6.2.2.2.1 In-Line Storage Plan
1.6.2.2,2.2 ON-Line Storage Plan
1,6.2.2.2.3 Sedimentation Control Plan
Our approach also Includes a full Investigation into solving the bottlenecks found In the
existing system by uning real-time control. The HydroWorks RTC Module allows a
thorough simulation of various control devices. This altemative seeks to offset the cost
of adding large diamatcr r0el p1po by diverting paak flows into storage facilities or other
parts of the system, ttereuy rcga'aig the need for costly relief improvements. This
alternative would best tend itself in areas where the existing pipes are In good condition 1
(not In need of replacement In the foreseeable future), and/or is In an aroa that pipe
uenching would be dill icult and/or expensive.
1.6.2.2.3 Deliveryof RTC Module to City
Upon completion of the project, an RTC Module upgrade for HydroWorks will be
delivered to the City. The RTC Module will be delivered in the form of a digital,
executable program that will enable the RTC Module functionality to the City$ existing
HydroWorks PM+ hardware lock, serial NWS0074003t1.
1.6.2.3 Develop Prelit scary Cost Estimates for Modeled
Alternatives
For each model alternative, a preliminary ongineer's estimate of construction cost wil be 1
developed. This Will allow for the cost comparison of each alternative, Relative Impacts
on operation and maintenance and other direct and Indirect costs for each alternative will . t
be included In the analysis.
sax ~ "¢r ax
39
am's
n• - r~
e 1V~
0
Selection criteria Include cost, Impact on downstream facilities (lift stations, treatment
works), environmental impact including NIMBY ("Not in my back yard") concerns, and
construction impact (congested areas, sensitive areas).
As part of the Wastewater System Master Plan, the wastewater treatment plant aite
master plan will be updated on a conceptual basis to determine the facilities required to
meet the future needs of the City.
1,8.1 Coordination with Comprehensive Plan Consultant
Key to the entire protect and as noted throughout this detailed project scope of work are
the tasks of coordination with the selected Land Use Planning Consultant. An Integral
part of working on the CIP is ensuring that the Wastewater Master Planning eMod and
the Land Use Planning are In synchronization.
Prior to development of the CIP, AOT will meet with City Staff and the Land Use
Planning Consultant to correlate the final phases of each project. Population data will
come from a coordinated eflon between the Land Use Planners and the engineers.
1.8.2 Capital Improvements Planning
1.8.2.1 10-Year Capital Improvements Plan
1.8.2. f.! Flnaf laYearModeli
Final laYearCost Calculetlons
1.8.2.2 2020 System Capital Improvements Plan
Final 2020 Design Modirls
1.812.2 Final 2020 Cost Calculations
Using the models and data for the Study Years 2008 and 2020, cost will be developed
and planning data merged to create a level of expenditure that must be achieved In
order to meet the needs of the sewer system for these years. The approach is to run
models as noted above with special emphasis on determining at what interval, 2008 or
2020, the Improvements are needed by. Models of each final recommendation will be
prepared and run to verity assumptions,
The recommended improvements would be grouped and prioritized In the appropriate
capital Improvements planning year budget.
Twelve (12) copies of t1M final report will be delivered to the City and presentations will
be made to the Public Utility Hoard and the City Council. /
sow IV da {
warroe
40
r .
ILI X I [I
low
•
0
I
I
~ I
i
In Texas, impact fees are governed by Chapter 395 of the Local Government
Code (the impact Fee Act). Under that statute, Impact fees are regulated for
water, wastewater, drainage and roadways. This task will develop wastewater
Impact fees for the City.
1.10.1 Capital Improvements Plan
This task involves the preparation of a written report that will provide the
foundation for Impact tees for wastewater facilities. Called a `Capital
Improvements Plan" in the slate impact fee legislation, this study should not be
confused with the City's capital improvements program or with its Individual
facility master plans, although these documents may be Incorporated by
reference.
According to Section 395.014 of the state Impact fee act, a Capital Improvements
Plan (CIP) used as the basis for Impact fees must Include an inventory and
analysis of existing facilities, as well as a description of the growth-related costs
of upgrading and expanding such facilities. The ten-year time-frame Imposed by
the Texas act means that a CIP can Include only those improvements necessary
to accommodate ten years of growth. Sevoral "costs" can be Included in the CIP,
including land and construction charges, engineering and survey fees and debt
service. The value of any "excess" capacity that is present in the existing system
can also be Included In the CIP, Specific CIP requirements that will be
addressed by the study Include the following!
(1) Description of existing capital Improvements within service area and costs
to upgrade, update, improve, expand or replace Improvements to meet existing
needs and usage and stricter safety, efficiency, environmental or regulatory
standards;
(2) Analysis of total capacity, level of current usage and commitments for
usage of capacity of existing capital Improvements;
(3) Description of capital Improvements or facility expansions and their costs
necessitated by and attributable to new development in the service area;
(4) Definitive table establishing specific level or quantity of use, consumption,
generation, or discharge of a service unit for each category of capital
improvements or facility expansions;
(5) Projected demand for capital Improvernents or expansions required by
new service units over a reasonable period of time, not to exceed ten years.
Unlike roadway and drainage facilities, Chapter 395 does not require that
wastewater fees be dlsaggregated Into service subareas, although
i geographically disaggregated fees are permissible. Thus, the costs of the utility • •
system may be pooled and shared equally among all fee payers throughout the
'M city, or altemattvely, costs may be specifically allocated to various subregfonal r
service areas if certain facilities can be uniquely assigned to serving specify
S M,.91 dOt
o+mroe ,
41
- 25A10 32XIO
•
A0~ ,
areas. In either case, the direct linkage between fee payer and fee amount and
funded Iscility must be maintained.
A final oonsiderstlon Is that new development should not have to pay twos for
the same facilities that it is paying for through impact fees. To ensure that
double-charging does not occur, new development must be given credit against
Impact fees for future tax or rate payments that will be used to retire outstanding
debt for existing facilities. In addition to such revenue credits that will be Included
in cakwlating the fee schedules, new developments that are required to make off-
site Improvements as a condition of development approval should be given credit
against their impact fees on a case-by-case basis.
The oonsultant team will prepare an Initial draft of the CIP for staff review, and a
final draft following receipt of staff comments. The final draft will be submitted to
the citizens advisory committee for their recommendation prior to submittal to the
City Council. A public hearing draft will be prepared that may incorporate
changes recommended by the advisory committee.
1.10.2 Impact Fee Ordinance (Special Service)
The consultant team will prepare a draft Impact fee ordinance that will Implement
impact fees for wastewater facilities. The ordinance will Incorporate fee
schedules, the formula for calculating the fees, description of service area
boundaries, critersa to be used for Individual assessments, and administrative
procedures to implement the ordinance. The draft impact fee ordinance will
follow the City's standard ordinance format, and will be delivered to the City
Attorney concurrent with the staff review draft of the CIP. The final draft will be
delivered concurrently with the public review draft of the CIP.
1.10.3 Public Meetings on Impact Fees (Special Service)
Throughout the project, members of the consultant team will be available to meet
with the cltizens advisory committee, developer or other Interested groups, the
Public Utilities Board and City Council to discuss Impact fees In general and to
present the findings of the Impact fee analysis. Generatly, a project of this nature
e' will Include, at a minimum, two presentations to the Olzens advisory committee,
attendance at a city council workshop or briefing, and partktpation during at least
one of the two required public hearings. Attendance at these public meetings will
be a special service.
1
M
WW 1.11 due
ainlm
42
32 x I n
e
e
Z WSW NASW Mme UPdih sad IMP*cf firma
2.1.1 Familiarization with Existing Model
The Project Team will obtain the uxlsting model from City staff and review it to become
familiar with the details and assumptions contained In the model
2.1.2 Evaluate Existing l'Mficlencles
Any current deliciencies In the water system have bean Identified and recommendations
for short-term Improvements along with opinions of coat have been made by others, and
will be made available to the project team.
2.2.1 Model Future 2020 Conditions
Based on the approved land use plan and resulting populstion projections and `
distributions, the water system (all lines 8-Inch In diameter and larger) will be evaluated
under 2020 conditions. The evaluation will Identify necessary pressure plane
boundaries; piping, pumping, and storage requirements; general locations and sizes for
pump stations and storage tanks; and necessary treatment plant capacities. All
recommendations will enable the system to comply with all current TNACC superior
system requirements for treatment, pumping, storage, and pressure.
2.2.2 Develop 10•Year CIPs
A series of phased 10-year capital Improvement plans will be developed to meet the
projected demands through 2020. Opinions of cost and an implementation schedule will
be developed.
2.2.3 Turn Over Water Model
A system model with future demands and Improvements will be provided to the City.
2.2.4 Final Report
Twelve (12) coples of the final report will be delivered to the City and presentations will
be made to the Public Utility Board and to the City Council
2.2.5 Miscellaneous Meetings i •
j A total of six separate 4-hour meetings in Denton (in addition to the two presentations)
are Included.
sow 1.11 ax
o~arne
43
?5 ~Q 32XI[I
• p
6 •
I
r
In Texas, impact fees are governed by Chapter 395 of the Local Government
Code (the Impact Fee Act). Under that statute, impact fees are regulated for
water, wastewater, drainage and roadways. This task will develop water Impact
fees for the city.
2.3,1 Capital Improvements Plan
This task involves the preparation of a written report that will provide the
foundation for Impact fees for water facilities, Celled a `Capital Improvements
Plan" In the state Impact fee legislation, this study should not be confused with
the City's capital Improvements program or with he individual facility master
plans, although these documents may be incorporated by reference.
According to Section 395,014 of the state Impact fee act, a Capital Improvements
Plan (CIP) used as the basis for impact fees must Include an Inventory and
analysis of existing facilities, as well as a description of the growth-related costs
of upgrading and expanding such facilities. The ten-year time-frame Imposed by
the Texas act means that a CIP can Include only those Improvements necessary
to accommodate ten years of growth. Several "costs" can be Included In the CIP,
Including land and construction charges, engineering and survey fees and debt i
service, The value of any 'excess* capacity that Is present in the existing system
can also be included in the CIP• Specific CIP requirements that will be
addressed by the study Include the following:
(1) Description of existing capital Improvements within service area and costs
to upgrade, update, Improve, expand or replace Improvements to meet existing 1
i
needs and usage and strictar safety, efficlency, environmental or regulatory
standards;
(2) Analysis of total capacity, level of current usage and commitments for
usage of capacity of existing capital Improvements,
(3) Description of capital Improvemen!s or facility expansions and their costs
necessitated by and attributable to new development in the service area;
(4) Definitive table establishing specific level or quantity of use, consumption,
generation, or discharge of a service unit for each category of capital
improvements or facility expansions;
(5) Projected demand for capital Improvements or expansions required by
new service units over a reasonable period of time, not to exceed ten years.
Unlike roadway and drainage facilities, Chapter 395 does not require that water
fees be disaggregated Into service subareas, although geographicalty
disaggregated fees are permissible, Thus, the costs of the utility system may be
pooled and shared equally among all fee payers throughout the city, or
alternatively, costs may be specifically atiocated to various subregions$ service
areas if certain facilities can be uniquely assigned to serving specific areas, In
BOW }al ex
a+nfne
44
25x10 •32x Q
•
1
either case, the direct linkage between fee payer and fee amount and funded
facility must be maintained.
A final consideration is that new development should not have to pay twice for
Pis same facilities that it Is paying for through Impact fees. To ensure that
doubl,i-charging does not occur, new development must be given credit against
Impact fees for future tax or rate payments that will be used to retire outstanding
debt for existing facilities. In addition to such revenue credits that will be Included
In calculating the fee schedules, new developments that are required to make off-
site improvements as a condition of development approval should be given credit
against their Impact fees on a case-by-case basis.
The consultant team will prepare an Initial draft of the CIP for staff review, and a
final draft following receipt of staff comments. The final draft will be submitted to
the citizens advisory committee for their recommendation prior to submittal to the
City Council. A public hearing draft will be prepared that may incorporate
changes recommended by the advisory committee.
2.3.2 Impact Fee Ordinance (Special Service)
The consultant team will prepare a draft Impact fee ordinance that will Implement
Impact fees for water facilities, The ordinance will incorporate fee schedules, the
formula for calculating the fees, description of service area boundaries, criteria to
be used for individual assessments, and administrative procedures to Implement
the ordinance. The draft impact fee ordinance will follow the City's standard
ordinance format, and will be delivered to the City Attorney concurrent with the
staff review draft of the CIP. The final draft will be delivered concurrently with the
public review draft of the CIP.
2.13 Public Meetings an Impact Fass (Special Service)
Throughout the project, members of the consultant team will be available to most
with the citizens advisory committee, developer or other interested groups, the
Public Utilities Board and City Council to discuss Impact fees In general and to
present the findings of the Impact fee analysis. Generally, a project of this nature
1 will Include, at a minimum, two presentations to the citizens advisory committee,
r, attendance at a city council workshop or briefing, and participation during at least
one of the two required public hearings Attendance at these public meetings will
be a special service.
90w f-11 CW
OWN
45
2 . 10 32x1{]
i
um.
3 Nmd sad Dralm" Impmt P" f"&Wll&
Roadway and Drainage Impact Fee and EnginwIng Support Services
In Texas, Impact fees are governed by Chapter 395 of the Local Government
Code (the Impact Fee Act). Under that statute, impact fees are regulated for
water, wastewater, drainage and roadways. This task will evaluate the feasibility
of Impact fees for roadways and drainage facilities. This task will also explore
the potential for "variable rate" fees for all four types of facilities.
This task will Involve the preparation of a memorandum reviewing the feasibility
of the City Implementing Impact fees for roadway and drainage facilities. The
feasibility of roadway and drainage Impact fees will be examined from several
perspectives;
Adequacy of data for technical fee development
• Appropriateness of fees for different geographic areas
• Consistency with City's overall planning regime
• Administrative ease and costs
a Equity
This effort will of necessity rely heavily on the City's existing transportation and
drainage master plans. The adequacy of the data from these plans for the
development of impact fees will be a major factor in the feasibility analysts. The
results of this analysis will be compared with the City's existing overall drainage
needs and the amount of off-site roadway Improvements that the City already
requires of developers. The study will also briefly review other available
alternative financing mechanisms for roadway and drainage Improvements, such
as a storm water utility or road Improvement districts, and make a
recommendation for the approach the City should use,
Like most impact fee enabling acts, Texas requires that planned Improvement
costs be calculated on the basis of geographic "service areas.' Unlike most acts,
however, Texas severely limits the maximum size of roadway Impact fee service
0 areas. According to Section 395.001 of the Impact fee act, transportation service
areas "shall not exceed a distance equal to the average trip length from the new
development, but In no event more than three miles! In addition to the statutory
throe•mila limit, several practical considerations gulde the determination of
service area boundaries, They should be drawn, for example, to correspond with
traffic serial zone (TSZ) boundaries, since TSZ geography Is the basis for most
local data collection, particularly transportation-related data. It Is likely that the 0
City would need to be divided into at least six and possibly ten or more roadway
t>~►9~r impact fee service areas in order to satisfy these criteria. Under stale law,
roadway impact fees may not Include the costs of Improvements to the federal
and state highway system.
WW I V ex
o+n~roe
46
32 X
o
Dralnage service areas can include land located within the city and its
extraterritorial jurisdiction. Such service areas cannot, however, cross watershed
boundarles.
"(Drainage] service areas may Include all or part of land located within the "
political subdivision or its extraterritorial jurisdiction, but shall not exceed the area
actually service by the storm water, drainage and flood control facilities
designated in the capital improvement plan and shall not extend across
watershed boundaries.' (§395.001(9)]
The feasibility study will outline the services that would be required to develop
the required Capital Improvements Plan and ordinances to Implement roadway
and/or drainage impact fees. However, it should be understood that
development of roadway and/or drainage master plans, Impact fee CiPs and
ordinances will not be part of thls project. In the event that the City decides to
proceed with roadway or drainage Impact fees, actual development of capital
Improvements plans and Impact fee ordinances would need to be addressed as a
subsequent project.
The C ty will be provided with a specification that details how the (and use
assumptions are to be formatted.
~I
The consultant team will prepare a feasibility memorandum on Road and Drainage
Impact Fees.
I
The feasibility memorandum will be presented to the City Council.
3.3 Variable Rate Option% Analy%i%
In addition to the feasibility analysis, the report will also Identify various policy
options available to the City in the design of Impact fees for water, wastewater,
roadway and drainage Impact fees. In particular, the policy options will address
M the concept of 'variable rate" Impaci fees. Impact fees can be designed to vary
according to geographic factors (such as topography and soil conditions),
residential density, dwelling unit size, housing type and other factors. Water and
wastewater Impact fees, for example, are generally assessed on the basis of the
size of the water meter, but for residential uses they may be assessed based on
housing type, number of water fixtures, etc. In some Taxes communities,
separate fees are charged for lines and treatment plants, with line costs
• assessed at platting on a per acre bass" practice that provides an incentive for
higher density development. Some communities base water Impact fees for 0 •
residential uses wholly or partially on the amount of landscaped area to account
for water demand for Irrigation. These and other policy options will be evaluated
for possible application In the development of the Impact fee capital ✓
Improvements plans and ordinances.
sow s?"
oinrme
47
r )5 ❑ 32 x
I
0
I
Donlon WuNwator MuUr Plan 3
Englmorlnp Bervlcaa Aol*W to Impact F"s
, WIINWNM IINIM Mw+kq
/ 11 Dd1 Cw"4W IN"*Wp13 WWO F!'b'~ j - - - -
/ IS flow W PWO DOW AAmM i
1 14 DwaIW Dnq^ /bw1' 1111 k t f i I I I . i
l ~
/ 1.1 Atom Wplwl
1 pf/ Daub Aft le F olo DwM11nw11wiM
1 14 OWOM OWr Flop I'M YWI
M 1,1 IAi/M MUA MWI/IfdlrlYwl
11 dry Dahl Ad" Lod Uw /4Ap4M j ~ n
Mw
11 r1 hOW "We"
S 11 1.,11 wow too DM
11 1.101 MYIm f.1 o*IiIw nl!
11 1./ UIIIU WVRI /MII 111+ 1 ! € i I I'I E
11 it 1Y'/l WMMMIr 4111M Il/n A11a,1 1 I I i, 1 'I I I
n 1 Up" WOW Diot bnree wn 1
N all pww~l O
111
N IN DMIk1,1'Yw cMl ! ! I
;M.S H 11 Mllm flY0lf Goa`dlan ~ i I~ ; ~ j
N 111 cileaefw
N Aid
FIM Rawl
N 1 IIO/Q rM rOYy
A
-Fr so VIVO pas " WIN mrw~
N Fr~M/IrO MO/l W RM! D'11~ MOM IYI/ ~ I I
N 31 CMI C OM 0 tw111a1 „ i ail i , ! ! '1 1
r
D.ia Irr IIM 1M ® 11111 o 1N11 W }Y IIOII U/ P"m meieiiiiiiiiii~
'v' Bd;&. AWJM a Co *90W OOM lof RolNed Land UN Plormo TSAS
.s
75 < 32x
+rw.r
swmm.
i
1
r
Exhibit "C"
Schedule of Charges.
r`1
i
,4
x Q 32XIQ.
1
1
1
• 1
11
1 i
Fee Summary
Fa 3ummuy
Appal Go"mole Technob l". Inc.
CNy of Dw*m Master Plan i U+psot Fas I
i
Labor FM lrponsss Total
wastswo w s 1761030A0 $ 121410.00 s 1871440.00
wow $ 171600.00 s 21456.00 s 6o,056.o0
pond A DrahW $ 10140.00 $ 2,954.00 s 13 304.00
233,070-901111 it .0011 m,nu.uu
&Ndd Labor FN 9xws" Total
W s 7,280.00 $ W.00 $ 71760.00
wow s 61740.00 0 500,00 $ 71240.00
Hoed & Drolnsgs s $
IWOO Is
k
i ~
R
9" 6.24 AM
N"
' Q
}
'1t7~
v
:
•
r
P•wd I RYnap
Clly of Orn1Oe1 m"w Ph111rO1NMOM
AppENOwI "ITOOAWDO ,YM ~a~acwlpI
rwt ACT AOT row
Mvw* P E P4ma
p P
3 i 4 It 020-m-millm o" 1
S
M41 WOW
1 110, ToW Uxro Im tMm PN
laln,~Md E■Pw1wr' (~N OnwNo+n+1
TOW Pw~
VAN 0 X 64 DO
A No 00 wo 00
imp
P! EpApnwtl MA1 0 1 11150.00 t
~ L5 1 t 1600 1 16 DO
y 1 1 t 15.00 6 7500
coo" U 600 t 0.16 1 5000
1bC. EnM 1 t x6000 1 150.00
7 6 w 00
v' 'EN►MedErprMw~rNalroAdlllllmMu4OnRproAie6on,OP1
t lw"* A Ga01M &W tba E plMw.
I
I
d
i
1
i
Yi
t fk I
VLM Ii1 AM ~ ~
2510, 32X El
aeleoln
•
wu.r
. cIM a a.mon Y1sOw N4t0 won11t1.1 ~ ,
a11..1We1hyN~ f~eMWl4a Va
111r mow ►1n vsko"
AYiI t
1
1. • R
j jI'}~ f ~ { tLtk 0~0 .
7777- 141000
10 1 Moo
1 1,106
f,'MO00
i13
{ Mr+1lYti
s fie
1.011011111, MAIN 111
tom lw► kw U1n M
IManMM IyFMM hN1RNA0eM1 ~ 1
e'
F-M ME
We'd mm" SIM99
coo -RIP,
lI
1W~1M
ahiLay"ON IM row
In is I moo
1 1 00000 1 10000
bun 100 1" 10000
i N 1lOUMW1 IMLL 0 O,i0000 S
load 040
,w ! 1 0 1000 1 0000
1.0 1 f I00 >0 100fie 60 f 1 6-0000
woo poop
y
JAKW
y Nvo6aran O1M tagnwl COOK We WM t**"
141119 aY
25
10 32XIU x~I~l
• ti
~ etr~t6r ,
i i
anrnl.
w..mw
euy et omtoa tlwtr twn wal.nwt
AppRod Go"rephk T/ehnel"Iss, Ine.
&KAM
t wwbw01M Maw PW A [ 4w es"W Y
__ar____lr MIT pal ACT MIT MIT Am MIT AFM Arm Will
} T i
OWN
CAN 00
OWN
12 a F
11MIN
1
i Iwo
imm
24 24
A
1111140
IF 14
Al il Alf 11 IyUM" toYl luy &A IM Ow
ItlhMM 1.7~rn h+MWwnl~
T.M
is I
[ills I
r-
pufflu
TM.►ww»w.rw
oil so=
1 1 / r,10006 4 107000
tMr to 11 IN 4 loo 00
rwrlpll Illy 1 f 166 f imall
M1 we
NO m*
~6 t T~ 1}00 1 lb 1 1A00
` r Oq.~y 1 f.OMEO 1,000*
7i
IO~ilb IMw. OW IM M
OM K w OA161MMr1. .
H
YSMIMIM S~
75k~❑ 32xIr 25xiC~
•
o
AGENDA INFORMATION SHEET
AGENDA DATE: February 10i°,1999
DEPARTMENT: Planning do Development
CM/DCM/ACM: Rick Svehis ~S
SUBJECT
Receive a report, hold a discussion, and give staff direction on proposed consulting studies for
land use planning and forecasting services.
BACKGROUND
The Denton City Council instructed staff to develop a schedule to integrate The Denton Plan
with the implementation ofdevelopment impact fees. The Department of Planning and
Development and the Department of Water/Wastewater have been working since November
1997 to prepare Requests for Proposals, review consultant proposals, and select consultant teams
to coordinate all necessary activities. Two firms, RUST Environment & Infrastructure (RUST),
and Heltmuth, Obata + Kassabaum, Inc. (IIOK), were selected as the consultant team for the
project.
The scope of services for forecasting and land use planning consultant services Is intended to
assist community decision-making with respect to future growth by accomplishing the following
tasks,
L Determine the City's build-out capacity
2. Forecast population growth
3. Forecast land use demand for different density patterns
4. Prepare alternative development scenarios
S. Allow time for public review and comment on scenarios
6. Prepare preferred development scenario for comprehensive plan guidance
ESTIMATED SCHEDULE OF PROJECT
Notice to proceed will occur upon contract execution, currently scheduled to lake place soon
after City Council approval (scheduled for February 17°i,1998), and work will be completed by
the end of September 1999.
PRIOR ACTION/li EVIIE%'
An October 1997 City Council Work Session was held to discuss the liming of development
Impact fee implementation. A schedule titled "Scenario 2" (attached) was selected to allow
completion of the Comprehensive Plan before proceeding to the impact fee tasks. The scope of
• work and schedule is consistent with the previous Work Session conclusions. The scope of work • •
401 for forecasting and land use planning services has been carefully coordinated with the
engineering and Impact fee consultant services needed to achieve all of the tasks identified in
"Scenario 2,"
I
54
11❑ 32x Q
e ,
s
I
FISCAL INFORMATION
The consultant scope of work contains fees for services not to exceed $224,642. Project funding
is Intended to be funalshed by the General Fund, through reimbursement of the Utility Fund. r
FXHIRITS
"Scenario 2" Schedule (reviewed and approved by City Council)
I
Respectfully Submitted: '
. ~ 1
avid M, Hill
Director of Planning and Development s
E
r
E
,l
r
SS
- - ?5 y 10 32X I[]
0
Scensrlo k Imapd Fees Based on Full cost Recovery d Desired Omw1h Rates (This allovve oosl of consultants woe, to be /prod over Mo bAst years)
rr
-IL 1"A ma tw
, Dori FM owl
1 nwa.+r.s►swnsraew ~ I
1 ►WCC wwo saw" AN* wmVVim Appr" Fdor
1 No InVw Fr Ore cghdw 11or
1 I`
1 ovwl.p a of I W*w Flt F,wr pa uerr VrAlroreaq
> coed aver Hrm f
. 1 I•, mw..t ~ ~ ~ 11~ I
1 Daf.Mrt n.FrrF.wt 1 AIrMN Drwrr+n Barr
w au.l eww».f Alei~irl Dw+wr~w sort ~
„ DaD•r ruec ~ ~
,i FJk MI
Is MI swWW6
Il Come" * FI Dwrpnwt Ie...r I ~ I ; I
II o«.aarmCa~pli- Aw-ueMuuA.w1pa,
li WDOW%Apprt MA" SOW 1 Deed Ml ;z;;-DM
If L Dq p%m KOWA sm" IMAroN.e ( f{
11 atlo"abft M UNAfuepWM
!t4 ts Curd AI.Fr L" Ur A.rI 11 f
. N CarpI FYn F.". Fa.Mn tM A6141 i II ~ ~ I II
11 II I III j ~
p CMr IrMld rw l l i III f
ev*Awt ft**C V a ide up"A Of YW FiM1 I I I I I ,
/Y ~Cwrrrt a.pm.CIF i I ~ I ~ I
N IIw,M Ir CfiFUDMAweY Mr ~ ~ ' 1I` I l I ( I ~
r p CorArl Mohr AM
A i t k II I 1
Coo ku MR" DO
I
p ►ww.r irl MI alw eomw6
p IDOe agile MAF,
MR mw"
a eve A*FY Inwe Fw ~ l
- 25 x 10 32XIO
J ANOWN
AMo
J
I
I
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
FOR PROFESSIONAL SERVICES FOR FORECASTING AND LAND USE PLANNING
SERVICES RELATED TO COMPREHENSIVE PLAN DEVELOPMENT AND IMPACT FEE
IMPLEMENTATION WITH RUST ENVIRONMENTAL & INFRASTRUCTURE, INC.; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to engage RUST Environmental & Infrastructure,
Inc. and for a not-to-exceed amount of two hundred twenty-four thousand six hundred forty-two
dollars ($224,642.00) to provide professional services for forecasting and land use planning
services related to comprehensive plan development and Impact fee Implementation; and
WHEREAS, the City Council deems It In the public interest to enter into a Professional
Services Agreement with RUST Environmental & Infrastructure, Inc. for the above-mentioned
services; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS:
IUCTION j. That the City Manager is hereby authorized to execute a Professional
Services Agreement with RUST Environmental & Infrastructure, Inc., substantially In the form
of the attached Agreement which Is incorporated herein for all purposes.
SECTION 1, That the City Manager is authorized to make the expenditure of funds as
provided In the attached Professional Services Agreement.
SECTION II[. That this ordinance shall become effective Immediately upon its passage
and approval.
PASSED AND APPROVED this the day of .1448.
v"1
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~
31
2;5 K I0 32X IO
•
1
ate..
I
I
i
APPROVED AS TO LEGAL FORM:
HERBERT L. PROMY, CITY ATTORNEY
BY:
I
I
i
I
f'Awtb¢LOLOr piyb,pp4nwnfNllrif eraNwe/ednnwM
1
t'w C
J
Ile
J
58
2 xx is 32 X d
0
i
PROFESSIONAL. SERVICES AGREEMENT
FOR FORECASTING AND LAND USE PLANNING SERVICES
AND IMPACT FEE IMPLEMENTATION
i
STATE OF TEXAS
COUNTY OF DENTON ¢
THIS AGREEMENT is made and entered into as of the day of
, 19 , by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County,
Texas 76201, hcrelmaltcr called "OWNER" and RUST Environment & Infrastructure, Inc., with
its corporate office at 1420 West Mockingbird Lane, Suite 300, Dallas, Texas 75247.4906,
hereinafter called "CONSULTANT," acting herein, by and through their duly authorized
representatives.
WITNESSETH, that in consideration of the covenants and agreements herein ccntalned,
the parties hereto do mutually agree as follows:
ARTICLE
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the services herein in connection with the
Project as stated in the sections to follow, with diligence and in accordance with the professional
standards customarily obtained for such services In the State of Texas. The professional services
set out herein are in connection with the following described project:
The Project shall include, without limitation, perfrrmance of forecasting and land use
1 planning services related to comprehensive plan development and Impact fee Implementation,
aI ARTICLE Ii
SCOPE OF SERVICES
The CONSULTANT shall pertorn the following services in a professional manner
I
A, The CONSULTANT shall perform all the land use planning and forecasting for the 1
comprehensive plan services mud tl,e impact fee implementation as necessary and as
• described In the OWNER's Request for Proposals No. 2140, which Is attached hereto and •
made apart hereof as Exhibit "A" m if written word for word herein. Such services shall
t include, without limitation, the d-lcrmination of the OWNER's build-out capacity, t
forecasting population growth, and land use demand for different density patterns, the
preparation of alternate development sccrimios, allowing time for public review and
comment on scenarios, and the preparation of prefcrted development scenario for
comprehensive plan guidance, and the CONSULTANT's attendance at public mecti,tgs
59
10 32XIC],
0
I
I
i
as necessary, including at least two meetings of the City Council. Provided, however,
CONSULTANT shall not be performing any services under Exhibit "A" which are to be
performed by Applied Geographic Technologies, Inc, ("AGT") for wastewater collection
system master planning and engineering services related to comprehensive plan,
development and impact fee implementation under a separate contract with OWNER.
CONSULTANT will, however, cooperate and c-iordinate with AOT in providing services
where economies of scale can be achieved and eh;•lency can be promoted.
B. To perform all those services set forth in MoSULTANT's proposal entitled Project
Approach Forecasting and Land Use Planning, which proposal is attached hereto and
made a part hereof as Exhibit "B" as if written word for word herein.
C. CONSULTANT shall perform all those services set forth in individual task orders which
are attached to this Agreement as Exhibit "B" and made a part hereof for all purposes as
separate agreements, The services described in this Agreement shall be performed by the
CONSULTANT's staff identified in Exhibit "B", and shall not be altered by
CONSULTANT without OWNER's written consent
D. If there is any conflict between the terms of this Agreement and the exhibits attached to '
this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached exhibits or task orders.
ARTICLE 111
SPECIAL SERVICES
Special services to be performed by the CONSULTANT, if authorized by the OWNER,
which are not included in the above-described Basic Services, are described as follows:
A, During the course of the Project, as requested by OWNER, the CONSULTANT will be
available to accompany OWNER's personnel when meeting with the Texas Natural
Resource Conservation Commission, U,S, Environmental Protection Agency, or other
w , r.gulatory agencies. The CONSULTANT will assist OWNER's personnel on an as.
needed basis in preparing compliance schedules, progress reports, and providing general
• technical support for the OWNER's compliance efforts.
B. Assisting OWNER or contractor In the defense or prosecution of litigation in connection
with or in addition to those services contemplated by this Agreement. Such services, If
any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective
parties outside of and in addition to this Agreement.
♦ • •
C. Sampling, testing, or analysis beyond that specifically Included In Basic Services.
D. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data fordetailed applications.
GO
32X10
i
wlwww
A
,rOrigwN
E. Appearing before regulatory agencies or courts as an expert witness in any litigation with ,
third parties or condemnation proceedings arising from the development or construction
of the Project, including the preparation of engineering data and reports for assistance to
the OWNER.
F. Providing geotechnieal investigations for the site, including soil borings, related analyses,
and recommendations.
0. Providing additional copies of the Draft and/or Final reports.
H. Making additional presentations.
ARTICLE IV
PERIOD OF SERVICE
This Agreement shalt become effective upon execution of this Agreement by the
OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and
shall remain in force for the period which may reasonably be required for the completion of the
Projeo, including Additional Services, if any, and any required extensions approved by the
OWNER, The OWNER and CONSULJANT agree that the OWNER may accelerate the
schedule for the completion of the work hereunder and the CONSULTANT shall, in this event,
expedite the delivery of services hereunder at no extra charge to the OWNER. This Agreement
may be sooner terminated in accordance with the provisions hereof. Time is of the essence In
this Agreement. The CONSULTANT shall make all reasonable efforts to complete the uervices
set forth herein as expeditiously as possible and to meet the schedule established by the OWNER
and shown in Exhibit "B", acting through its City Manager or his designee. The CONSULTANT
agrees to expedite this schedule without additional compensation if the OWNER regeests in
writing to do to.
ARTICLE V
COMPENSATION
A, COMPENSATION TERMS:
I. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT In
employment of others in outside firms for services In the nature of professional
engineering.
2. "Direct Non-Labor Expense" is defined as that expense for any assignment
• incurred by the CONSULTANT for supplies, transportation and equipment, •
travel, communications, subsistence, and lodging away from home, and similar
incidental expunsts in connection with that assignment.
13. BILLING AND PAYMENT: For and In consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the lump
sums shown In Exhibit "C" which is attached hereto and made a part of this Agreement
61
xl~ 32 x~~
0
M
I
WAW"
,
i
as if written word for word herein, a total fee, including reimbursement for direct non- t
labor expenses not to exceed $224,642.00.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered. The
OWNER may withhold the final five percent (5%) of the contract amount until
completion of the Project.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terns of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT when the CONS1.11TANT is In
.lefanll under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the '
maximum not to exceed fce as stated, without first having obtained written authorization
front the OWNER. The CONSULTANT shall not proceed to perform the services listed
in Article 111 "Additional Services," without obtaining prior written authorization from
the OWNER.
C. ADDMONAL SERVICES NOT DESCRIBED IN EXHIBITS "A" OR "d For
additional services authorized in writing by the OWNER in Article 111, the
CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown
in Exhibit "C.' Payments for additional services shall be due and payable upon
submission by the CONSULTANT, and shall be in accordance with subsection 8 hereof
Statements shall not be submitted more fre4ucnlly than monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for
services and expenses within sixty (60) days artr recelpt of the CONSULTANT's
• undisputed statement thereof, the amounts due the CONSULTANT will be Increased by
the rate of one percent (1%) per month from the said sixtieth (60h) day, and, in addition,
the CONSULTANT may, alter giving seven (7) days' written notice to the OWNER,
suspend services under this Agreement until the CONSULTANT has been paid In full all
amounts due for services, expenses, and charges, provided, however, nothing herein shall
require the OWNER to pay the late charge of one percent (1%) set forth herein if the
OWNER reasonably determines that the work is unsatisfactory, in accordance with this
Article V, "Cor,iensalion,"
~ I
i
62
- 32XI II
' Ih =
0
ARTICLE VI
OSSERVA?'ION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies In the work of the
CONSULTANT or any subcontractors or subconsultants.
ARTICLE VIl
OWNERSHIP OF DOCUMENTS
I
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to ibis Agreement are Instruments of service, and
shall become the property of ttie OWNER upon the termination of this Agreement, The
CONSULTANT Is entitled to retain copies oral[ such documents, The documents prepared and
furnished by the CONSULTANT are Intended only to be applicable to this Project, and
OWNER1 use of these documents in other projects shall be at OWNER's sole risk and expense.
In the event the OWNER uses any of the information or materials developed pursuant to thls
Agreement in another project or for taher purposes than specified herein, CONSULTANT Is
released from any and all liability relating to their use in that project.
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an Independent contractor, not as
an employee of the OWNER, CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE IX
INDEMNITV AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
. ; ofliccrs, agents, and employees from and against any and all liability, claims, demands, damages,
losses, and expenses, Including, but not limited to court costs and reasonable attorney fees
• incurred by the OWNER, and Including, without limitation, damages for bodily and personal
injury, death and property damage, resulting Irom the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or
performance of this Agreement.
Noshing In this Agreement shall be construed to create a liability to any person who is not
• a party to this Agreement, and nothing herein shall valve any of the parties' defenses, both at •
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, Including the defense of governmental immunity, which defenses me hereby
expressly reserved,
63
2.5 32 x
,
,
0
i
0
ARTICLE X
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain the following Insurance with an Insurance company licensed to do business in the State
of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A• or above;
A, Comprehensive General Liability insurance with bodily Injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 Iit the aggregate.
D. Automobile Liability insurance with bodily injury limits of not less than $500,000 for
each person and not less than $500,000 for each accident, and with property damage
limits of not less than 5100,000 for each accident.
C Worker's Compensation Insurance in accordance with statutory requirements, and
Employers' Liability Insurance with limits ofnot less than $100,000 for each accident,
D. Professional Liability Insurance with limits of not loss than $1,000,000 annual aggregate
E. The CONSULTANT shall furnish insurance ccnificates or insurance policies at the
OWNER's request to evidence such coverages. The Insurance policies shall name the i
OWNER as an additional insured on all such policies, and shall contain a provision that
such insurance shall not be canceled or modified without thirty (30) days' prior written
notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior
to the effective date of the change or cancellation, serve substitute policies furnishing the
same coverage.
ARTICLE Xl
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
i The parties may agree to settle any disputes under this Agreement by submitting the
dispute to arbitration or other means of alternate dispute resolution, such at mediation. No
arbitration or alternate dispute resolution arising out of or relating to this Agreement, Involving
one party's disagreement, may Include the other party to the disagreement without the other's
approval
• ARTICLE XIl r •
TERMINATION OF AGREPSIENT
r° A. Notwithstanding any other provision of this Agreement, either party may terminate by /
giving thirty (30) days' advance written notice to the other party,
64
la 32x1[
0
B. This Agreement may be tenninaled in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party Is given (l) written notice (delivered by certified
mail, return receipt requested) of Intent to terminate and setting forth the reasons
specifying the non-performance, and not less than thirty (30) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination,
C, If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article V "Compensation." Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate In providing information. The CONSULTANT
shall turn over all documents prepared or rumished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE X11111
RESPONSIBILITY FOR CLAINIS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work; nor shall such approval be deemed to be an assumption or such responsibility by the
OWNER rot any defect in the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultants,
ARTICLE 1LIV_
NOTICES
• All notices, communlcations, and reports required or permitted wider this Agreement
shall be personally delivered or mailed to the respective parties by depositing same In the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specilied herein, Mailed notices shall be deemed communicated as of three (3) days' mailing;
To CONSULTANT; To OWNER,
i RUST Environment dt Infrastructure, Inc. City of Denton
Rod zieike, P.E„ Project Manager Howard Martin, Jr.
t420 West Mockingbird Lane, Suite 300 Assistant City Maeagcr orUtitities
Dallas, Texas 75241.4906 215 East McKinney
Denton, Texas 76201
65
32 x 1 0
7~ x
0
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing,
Al3T1CLE.xY '
ENT] RE AG RE EM ENT
This Agreement, consisting of I1 pages and 3 exhibits, constitutes the complete and final
expression of the agreement of the panics, and is intended as a complete and exclusive statement
of the terms of their agreements, and supersedes all prior contemporaneous offers, promises,
representations, negotiations, discussions, communications, and agreements which may have
been made in connection with the subject matter hereof
ARTICLE XY1
SEVERABILITV
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be Invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be Invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and '
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision,
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shalt comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as they may now read or
hereinafter be amended.
ARTI ..X ' 1I
DISCRIMINATION PROHIBITED
r
In performing the services required hereunder, the CONSULTANT shall not discriminate
♦ against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE XiX
PERSONNEL
•f A. The CONSULTANT represents that It has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement, Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER, CONSULTANT shall Inform the OWNER of any conflict of interest or
potential conflict of Interest that may arise during the term ofthis Agreement.
66
xto 32 xia
0
B. All services required hereunder will be performed by the CONSULTANT or under Its
supervision. Al( personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any Interest in this Agreement, and shall not
transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without
the prior written consent of the OWNER.
ARTICLE XI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in r
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein,
ARTICLE XXII
NllSCF IA.ANEOUS
A, 'I he following exhibits are attached to and made a part of this Agreement:
Exhibit "A" - City of Denton RFP No. 2140.
Exhibit "B" - Project Approach Forecasting and Land Use Planning
Exhibit "C" Schedule of Charges,
1 B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years atlet
the final payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers, and records of the CONSULTANT
Involving transactions relating to this Agreement, CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities
and shall be provided adequate and appropriate working space in order to conduct audits
in compliance with this section. OWNER shall give CONSULTANT reasonable advance
notice or intended audits,
C. venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Tcxas. This Agreement shall be construed In accordance with the laws of the
State of Texas.
D. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Rod Zlelke, P.E., Project Manager, Dr, Al Petrasek, P.E., Principal-In-
Charge, John Shreve, AIA, AICP, QU/QC, However, nothing herein shall limit
61
- 25x10 32XID
a
f I
asp
0
}
aroxrsa
k R
CONSULTANT from using other qualified and competent members of its firm to
perform the services required herein.
E. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, econom'srl, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work Involved Is properly coordinated with
related work being carried on by the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's
disposal all available Information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement.
0. The captions of this Agreement are for Informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this the _ day of
19
CITY OF DENTON, TEXAS
TED BENAVIDES, CITY MANAGER
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY. _
APPROVED AS TO LEGAL FO
HERBERT L. PROUTY, CITY 7T RNEY
BY. qhlt J
2f) K i
b8 10 32XIO
„ljqj~
•
97~
~1 ~i~ ?O~ T ITER JHE9:klITY OF DD-r
02/ ~~i n r . ~t~ ON TWr•IING P.2 ~ 002
i
RUST BNVMONMM4TAL •
DBVAMUC UAM INC.
WITNESS:
BY., LOU
i
69'
~ 32XIO
h
0
t
EXHIBIT "A"
RFP #2140
CITY OF DENTON
REQUEST FOR PROPOSALS FOR LAND USE PLANNING AND
FORECASTING, WASTEWATER COLLECTION SYSTEM MASTER +
PLANNING, AND ENGINEERING SERVICES RELATED TO
COMPREHENSIVE PLAN DEVELOPMENT AND IMPACT FEE
IMPLEMENTATION
INTRODUCTION
The City of Denton invites your firm to submit a technical proposal for providing either or
both of the services listed below:
I . Land Use Planning and Forecasting; and/or
2, Engineering services, Including the preparation of a wastewater collection system master
plan, preparation of a 10-year capital improvements plan for water and wastewater
system Improvements and possibly roadway and drainage improvements, calculation of
proposed impact fees, and other engineering services related to the enactment of impact
fees.
The remaining steps of the process for selecting consultants will involve a written response
to this request for proposals, a "or "short Ilsting" of finny for Interviews, the interviews,
selection of firm(s), and contract negotiations. The City may elect to contract with two firma
Individually and have the consultants coordinate their work or contract with one fimt for
both planning and engineering ser0ces.
Each rum is encouraged to become familiar with the project. Feel free to contact the
appropriate contact person:
For Planning Issues For En ineenng talus
" Dave Hill lilt Jordan
Director of Plannin Int, Director o ater astewater
940.349.8330 940.349718
IMSCRIPTION OF PROJECT
Exhibit A describes the project in general and the land use planning and forecasting work in
panicular, Exhibit B outlines the scope of work for the wastewater master plan and other
engineering services related to the comprehensive plan development and Impact fee
Ju implementation, Consultants are encouraged to read both of the exhibits to gain a complete
understanding of the project.
it
70
h R, 32XIO
~ G
0
PRE-PROPOSAL MEETING
A pre-proposal meeting will be held at 10 a, m. December 11, 1997, in the Training Room at
901-A Texas Street, Denton. The meeting will provide a forum to address questions.
NATURE OF CONTRACT
Consultants should be advised that the contract with the selected firm(s) will contain a
provision that each major task of work for the consultant to perform will be severable from
the others. This provision will allow the City to cancel any tasks that become no longer
necessary, should the City decide to alter its course in the enactment of Impact fees. The
contract may also contain language which sets up certain tasks to be Phase 2 tasks such that
they are part of a subsequent contract amendment that depends on the successful completion
of Phase 1 tasks. This provision may be helpful to the City to allow budgeting for the project
in multiple fiscal years.
The selected consultant(s) will be asked during the contract negotiation phase to prepare a
cost proposal that outlines the requested fee amount for each task,
TECHNIr,AL PROPOSAL
The technical proposals will help Denton to select the firm(s) that can best satisfy Denton's
particular needs.
Contents:
Each proposal shall address at least the areas identified below. Additional areas may be
addressed.
• Table of Contents
i
e Scope of Workr Discuss how your firm would perform the services requested in Exhibit A
• andlor 9. Include it proposed schedule of tasks to be perfoned and show when these leaks
would be performed relative to the overall project schedule. Include a discussion of what
information or deliverables your flan would need from the other consultant If the City
chooses to contract individually with s planning and an engineering firm. Also Include any
suggested coordination procedures or concerns your firm has about the arrangement of two
• separate contracts, Firms submitting for both areas need not include this discussion, but may
want to Indicate their intent if they are not selected to conduct the entire project. • •
rll s Project Team., Provide the name and qualifications of the principal In charge, project
manager(s) who will be assigned to the project if the firm is selected, and key members of the
71
10 32XIII
0
project team. Include their position with the company, location of their office, rule on the
project, and related experience, etc.
• Subcontractors: If the firm intends to utilize a subcontractor, please Identify the work to be
accomplished, the length of previous professional relationship between the parties, their
relevant project experience, nature of the work on this project that they would be performing,
and the personnel who will be working on the project.
a Esperlencet Provide a list of projects for which the firm provided engineering or planning
services that are similar In nature to the types of services being sought by the City of Benton.
Include name of client, type of service provided, and a m4erence person and telephone
number, date of project completion, data on whether project was completed on time, and
nature of my public participation by the consultant, if any on that project.
For the engineering !inns, please identify those projects for which your personnel used the
Hydroworks Model, If your firm does not have specific experience with this model, please
Indicate In your scope of work how your firm will acquire this knvw!cdge,
a Appendixt Any additional Information shall be Included In this section.
SUBMITTAL.,
Ten copies of the proposal shall be addressed and delivered to:
Tom Shaw
Purchasing Agent
901.8 Texas Street
Denton, TX 76201
before 2:00 p.m., Tuesday, December 23, 1997. Proposal's shall be placed In a large
sealed device clearly indicating whether the firm is submitting for the planning,
i. engineering, or both segments of this project. Referencing RFQ #2140,
• aSHORT LIST" SFLEC1110
The City of Benton will form a Selection Committee to analyze each proposal submitted to make
a "short list" of firms to receive an invitation to Interview, Selection cdteds used to rate the
firm's proposal are described below:
' a Appropriateness of Work Plan
1A a Related Project Experience -relative to the needs of Denton
a Adequacy of resources - to complete the project successfully,
72
2 5 Cl 3" x
,
I ,
I
POONA"
0
I
• Staff. Principal-in Charge and Project M•nagar's expertise.
• Appropriateness of schedule end ability to deliver services on time
a References
PROMS AND ERQMCTSCHEDM
The schedule for the coruultant selection process is u follows. Please mike tote of the change
in the date for the Pre-proposal meeting.
i
Ci sends RFP to shonhated s Decem S, i j
Recommend Pre-Proposal meeting or Thu •y, Deeember 11,199'1,10:00 arm,
abort-listed firms CI Servke Cesitr Tr•inin Room
Deadline for submin sale Tuead• , Decem et 23. 199
Interviews o cotsutt•nu W esda in 1.1999
Selec on 07C--On 8u rants F • , !•nury ,1998
tic Uti idea o R Mew Monday, Fe tuvy '2,l 998
Recommendation
City Council Review an A roval Tu Febriwarv 1 009
i
The City reserves the right to extend this schedule if necessary.
ZM
Consultants should refer to Attachments 2 and 3 of Exhibit A from the original request for
qualifications that provides information on the project schedule. Time Is of the esseve for this
project. As part of the short listed firms' response to this Request for Proposals, cmultanu may
suggest ways to shorten the project schedule. Extending the duration of the project will not ba
allowed. Consultants must submit a recommended project schedule as part of their technical
proposal.
73
.X 10 32 x1..
rr
0
f
EXHIBIT At LAND USE PLANNING AND FORECASTING SERVICES
i
OVERVIEW
The City of Denton is an historic, full-service community, with a population of about 70,000,
located in rapidly growing Denton County on the fringe of the Dallas - Fort Worth metroplex.
The City is developing a comprehensive plan to guide its development for the next twenty-five
years. The geographic scope of the plan has been tentatively set as the current city boundaries,
plus a 5-mile extraterritorial jurisdiction (in anticipation of the City of Denton population level
exceeding 100,000 within the 25-year time horizon of the plan).
I
Consulting Services Sought. The City seeks professional land use planning and forecasting t
services to assist the City to: {
(1) Prepare trend analyses, using major demographic and economic characteristics, for defined
sub-areas (aggregated by Census blocks and/or utility service areas) of the city.
Development of baseline projections will also be required to forecast the magnitude of
market-driven growth, for the sub-areas and the entire study area;
(2) Prepare alternative development scenarios to assist the City in its comprehensive planning
effort. Alternative development scenarios must demonstrate the anticipated effects of four
different management options on the geographic distribution of development and associated I
impacts on infrastructure systems of the City. The scenarios will be evaluated by the
community to select a "Preferred Development Scenario" to guide comprebensive plan
preparation. 'rhe comprehensive plan process will determine the appropriate urban growth
management techniques needed to manage the quality, location or timing of development;
(3) Prepare supporting data, land use assumptions and basic infrastructure capital needs analysis
necessary to complete the comprehensive plan and calculate development impact fees; and
(4) Provide coordination recommendations that would facilitate the proper completion of
Wastewater Collection System Master Planning services to the City of Denton.
D~,c.~tion of Project
Punse. The purposes of development of alternative scenarios are to:
•
1. Establish a beeline forecast of population growth, economic activity, and land use that
reflects unconstrained, market-based development,
2. Demonstrate the impacts of a variety of alternative urban land development patterns that
may be appropriate visions of future development in Denton and its extra-lerritorial
• •
• jurisdiction. Each scenario shall be consistent with the baseline forecasts, but will vary
the form, location, timing or other parameters of future development.
3. Determine the land absorption and fiscal impacts of a single selected alternative
development scenario compared to development continuing current trends.
74
25 10 32XIO
a
4. Support the determination of land use assumptions for the purpose of developing a
comprehensive plan for the City, and the calculation of development-related impact fees.
The preparation of these scenarios is intended to generate community discussion and
debate as choices are made regarding future growth options. Consultant firms are
encouraged to suggest creative approaches in regard to the structure of the alternative
scenarios, The analysis of each scenario must communicate aspects of developmental
growth with respect to potential influence on both "quality of life" and economic issues.
Consistency, The project must demonstrate actions that are consistent with adopted or proposed
development policies and plans of the City of Denton. The consultant shall be provided existing
plans and prevailing development-related policies available from the City.
s
Basic Components. The following topics are basic components of the City's comprehensive
plan. These parameters should be addressed when providing analysis of each alternative
development scenario.
1. Transportation S. Parks and Recreation
2. Housing 9. Neighborhoods
3. Economic Development 10. Urban Design
4. Land Use
5. Environmental Protection
6. Public Facilities and Services
7, Government Policies
jna4 at~nects. The consultant should demonstrate innovative ways to portray the impacts
of alternative development scenarios in and around Denton, including narrative, statistical and
illustrative formats.
C,cottra hic Areas Involved. The study area must concentrate on Denton and its ETI, but the
area must be placed within a regional context that recognizes its role in Denton County and the
Dallas - Fort Worth metroplex.
Qom, The City of Denton staff expects to provide most of the data needed for the land use
planning and forecasting available to the selected consultant. Proposals should identify the types
of data needed for the project that are not already easily available from other sources.
Geographic information will be made available using an Arclnfo software format if it has been
digitized previously.
SCOPE OF WORK:
1, Ba_selinact, Establish baseline forecast of population growth, economic activity
and institutional changes, based on a market-driven development pattern. As compared
to the alternative development scenarios, the baseline forecast is intended to address the
magnitude of market driven growth, rather than to address geographic distribution issues.
73
~5 x a 32X IO
0
2. Characterization. Characterize the community, baud on factors developed from the
baseline analysis, and provide trend analysis for a variety of demographic parameters.
Subarea analysis will be necessary that reb,ects drainage basin or other service area
boundaries.
3. Alternative Development Scenarios. Demonstrate geographic distribution
characteristics and general fiscal impacts of at least four alternative development
i
scenarios, including:
a) "CORRIDOR" SCENARIO: Linear development along major corridors
(modeled substantially In alignment with 1997 draft Denton Development Plan);
b) "URBAN CENTERS" SCENARIO: Development concentrated around large
nodes distributed at strategic points along the thoroughfare system (modeled
substantially in alignment with the 1988 Denton Development Plan;
c) "NEIGHBORHOOD CENTERS" SCENARIO: Development distributed
within the framework of Traditional Nelghbc:l,ood Development "village" units,
acknowledging, however, the demand for regional commercial and employment
development opportunities.
d) SOMPACi GROWTH" CENA_RIO: Development patterns established by
using the concepts of "carrying capacity" and "sustainable development."
Development is managed and growth is constrained if necessary through a
strategy of in-fill development and phased infrastructure management.
4. Preferred Development Scenario. After a public review process for the alternative
development scenarios has been conducted, a "preferred" development scenario will be
selected by the Denton City Council. The consultant will then provide a detailed analysis,
including land use absorption projections by sub-area, of the preferred scenario. The
preferred scenario may incorporate and blend elements of each of the alternative
scenarios. A sufficient level of detail is required to support the formulation of
development impact fee land use assumptions.
S. Fisch Impacts. An analysis shall be prepared to demonstrate the fiscal impacts resulting
• from the preferred alternative urban land development pattern. The analysis must
accommodate projected population growth, economic activity and institutional changes
j and identify thresholds, or triggers, for major capital projects and public improvements.
Schedule I Milestones
Projects number 1,2 and 3 must be delivered toger4cr for public review. Tasks 4 and S will
• follow after the Denton City Council selects a preferred development scenario. • •
DefivetAbles
> City Council presentation /
i Camera-ready final document
i Display materials - charts, tables and Wustrations -compatible with the City's GIS,
76
26 10 3zxlo
e
a
i
EXHIBIT B WASTEWATER COLLECTION SYSMASTER PLAN AND
OTHER ENGINEERING SERVICES
r
OVERVIEW,
The City of Denton's current sewershed is divided in three major sewer basins, Cooper Creek,
Hickory Creek and Pecan Creek. The Cooper Creek and Hickory Creek sewer basins discharge
into the Pecan Creek sewer basin through Cooper Creek Lift Station and Hickory Creek Lift
Station respectively. The contained wastewater then flows through the Pecan Creek sewer basin
to the Pecan Creek Water Reclamation Facility.
As the City grows, additional sewersheds may have to added. The Milan Creek and Clear Creek
sewersheds to the north of the City are likely to see development during the time period that this
study covers. Consultants will be asked to review the City's approach to the expansion of sewer
service to these areas. Consultants will also need to consider the boundaries of the City's
existing CCN in relation to the study area defined and identified as part of the land planning
activities.
The three current sewersheds are also the three primuy watersheds serving as the backbone of
the City's Drainage system. A thoroughfare plan, drainage studies, and a master plan for the
water distribution system have already been prepared. The boundaries of the water master plan
may have to be expanded to cover the area identified in the land planning activities.
EXISTING DATA,
City of Denton has collection system data available for the Cooper Creek and Pecan Creek sewer
basins in the Hydragraphics Model (Developed by Pizer, Inc.) The Cooper Creek Hydragraphics
Model has been converted into the Hydroworks Model (developed by Wallingford Software,
Ltd., United Kingdom). The Hickory Creek sewer basin data is available in Ate Into GIS
database. Also, the invert elevations and top of manhole elevation data for the Cooper Creek and
Pecan Creek sewer basins is field verified and available in digital format in dBase database.
City of Denton has wastewater flow and rain gauge data available for all three basins. More data
•
may be required to calibrate the Hickory Creek Model.
Other existing data that may be of use to the selected consultant include:
Master Plan Report on the Water Distribution System, 1997
Master Drainage Plan Update, 1990 and original plan, 1974
Thoroughfare Plan, both the 1988 approved version and the 1997 draft update
Vf Cooper Creek and Pecan Creek Tributary 4 Regional Drainage Study, 1996
Hickory Creek Watershed Flood Control Study, 1989
Flood Insurance Study, 1997
Pecan Creek Master Plan, 1996
77
5 x
~1 32X
0
-flown
5-Year Capital Improvement Plans for water, wastewater, drainage, and streets
Traffic model, 1989 by AS Associates
SCOPE OF WORKI
The Consultant selected for this project may perform the following broadly defined scope of
services:
WASTEWATER SYSTEM MASTER PLANING; i
1. Develop a wastewater collection system master plan using Hydroworks Model, convert the
existing Hydragraphics Model for Pecan Creek, and develop the Hydroworks Model for
Hickory Creek.
2. Develop wet weather and dry weather design flows for present system, 2009 system and
2020 system. J
3. Define surcharged sections of collection system using the computer model. Then using this
surcharge condition data, place controls within the collection system to use the storage
available within the collection system in areas where the system is not surcharged.
4. Infer data from flow measurement devices installed in the collection system. The raw flow r
data will be provided by the City of Denton.
S. As special services, locate all manholes and top of manhole and invert elevation data for the
Hickory Creek stwer basin only, for the segments of mains and Interceptors to be used in the
computer modeL
6. Develop cost data for wastewater collection system improvements for the 10 year CIP, and
the 2020 system based on results from the collection system computer model. Development
rf the wastewater master plan shall be based upon the results of the comprehensive plan and
land use assumptions prepared by others. This plan could trigger a need to consider
wastewater service outside of the three current sewersheds.
ENGINEERING SERVICES RELATED TO IMPACT FEES:
I. Review and update or expand as necessary the water distribution system master plan to
reflect the City's needs based upon the comprehensive plan and land use assumptions
developed by others.
•1 2. Perform a feasibility study for implementing roadway and drainage impact fees which the r
f City can use in deciding whether to implement impact fees for these types of Improvements.
/ As part of this study, estimate in broad terms the types of projects and their associated dollar
amount that impact fees could fund and contrast this information with the overall drainage 'Ile
needs of the City and the amount of ofI'site roadway improvements that the City already
requires of developers. Briefly review other funding mechanisms for drainage and roadway
78
2i ❑ 3 2 x ❑
•
improvements and make recommendations as to what type of funding mechanisms the City
should use. Present this report to the Public Utilities Board and City Council at separate
meetings.
3. As part of preparing a suggested project schedule, identify when the City Council should
make the decision on whether to include drainage and roadway impact fees u put of the
process to enact impact fees. if these categories of infrastructure are to be included in the
process, outline what services your tine would need to provide to include these topics in the
I0-year CIP plan.
4. Develop a 10-year CEP for infisstructure improvements that are to be funded through an
impact fee.
S. Calculate the impact fees.
k 'r
I
1
79
- are x lq 32XIO',
Now
s
FEE) 04 190 I00CW-1 FVST LD_FLITEP IACV41 P.3 e
t
EXHIBIT "B"
PROJECT APPROACH
FORECASTING AND LAND USE PLANNING
By tM R.e F."I neeet end brndnaw#. ba and BAN%&. ok" • ICanbents, tae. Testa
The work to be performed by the Project Tam is described in tha following por"rephs. Each
paragraph describes a particular work item(task), or aoilectios of tasks.
200 Series Tashi - Data Collection And Mapping
This series of tasks includes the collection and evaluation of the data to be used throughout the
remaWer of the forecasting and comprehensive planning project. Key items Include the collection
of population and economic dats from a number of local, regional, state, and nadonal souroa and
the development of mapping that "I be used to support the project.
A meeting will be conducted with the staff to review the data collected and to confirm that the
electronic hie formats am compatible with the City's computer systems,
300 Series Tasks - Population Forecasting And Projection:
The general approach to this project will be to evaluate population densities, or holding capecity,
prior to preparing the population projections for lhtum years. Build-out populations forecasts are
easier to perform, and ultimately provide decision makers with more meaning8il management
information titan the population projections.
Task 301- Preparation of Holding Capadty Models
Models of the bolding capacity, or build-out populadoa, will be prepared based on cunent zoning,
regional population density data, and the alternative development scenarios to be evaluated as part
of the project,
An Important part of this task will be comparison of the day-time versus night-time populations of
the city. This infonnation can have significant impacts on city services, and will provide valuable
' insight to the city's economy,
A Task 302 - Comparative Cities Aoatysis
Population growth std development to comparable aid" will be used to prepare timing estimates
for developmeat, and to father refine the holding capacity models developed In Task 301,
` Tank 303 - Preparation of Extrapolation Models
Historical population data for the city, county, and roglon will be modeled usieg several different
algorithm,, and the model with the best flt for the City of Denton will be dow slid.
80
a0
7ritIn 32XIO
o
IRMO"
I
FEEL 04 '90 1110SW POST LI,:HLITER 1 ESAM P.4 e
Task 304 - Development of Cohort Component Model
i
The cobort component model is considered to be the best predictor of Rm uv population. The model
will be developed WtkUy for the city-wide population, and finally for indiVdual study areas.
Task 305 - Develop Ecoaook Base Model
An economic base model will be prepared that categorizes the labor within the StuOy Area as being
either basic or noobasic. These data will be used to prepare the model for economic activity.
Task 306 - Develop Economk Sbar"hiflt Model
Regional economic data will be used to prepare a share-shift model for the City of Demon's
economy.
I
Task 307 - Compare Population Forecasting to Development Scenarios
The holding capacity models will be modified to reflect potential changes in the population as a
function of the development scenario.
Task 308 -Adapt Models to the Prefend Development Scenario
The population models will be modified to reflect conditions attticipeted in the ultimate development
scenario.
Task 309 - Market Position Analysis
This task will evaluate the market position of the City of Denton with respect to other citlea, with
particular emphasis on cities in the Motroplex.
Task 310 • MeetingsBrlefings
At the completion of each major portion of the project, it meeting wiq be held with the City ruff to
review the work accomplished to data. After review by the staff, the consultants will present the
findings to the City Council In a workshop,
•
400 Series Tasks - Plannins
Task 401- Alternative Growth and Development Scenarios
Task 401.1.Opportuaidss and Constralots Aaalysis
i Based upon the land use data, environmental Information, utility Infortudon ad transportation • •
JVo information, a composite map will be developed indicating opportunities and constraints for a
Sl
OWNS 25 x ❑ 32XIO
0
I
i
FEE 0-4 '4 I I ~ OM I DUST Ltl>LITER JR EVA I P.` E
variety of land uses within Denton. These opportunities and wnstraimts, along with the community
vision and policy statements, will form the basis for the alternative development sceneries.
Opportunities and constraints will be indicated for the following types of development:
• Residential development (Single and muld-family),
• CommerciaVrttall development,
• Office development,
• Industrial development,
• Panics and open space, and
Agriculture.
Task 401.2 - Prepare Alternate Growth and Development Scenarios
This task involves the development of seenados indicating different generalized patterns that future
growth could take in Denton. Several scenarios will be developed Including a Corridor Scenario,
Urban Centers Scenario, Neighborhood Centers Scenario, and it Compact Growth Scenario. Each
sanatio will be prepared in a graphic format appropriate for public display and review.
Task 401.3 - Idea ft Scenario Implitations
The intent of the identification of the scenario implications for each of the alternate growth and
development scenarios is to provide the public officials and citizens of the City of Denton with the
information necessary to make [dome d decisions regarding the land use make-up and physical form
that the City will attempt to achieve within a 20 year horizon. The general implications of each
scenario upon the City of Denton will be documented through the use of maps and tables so that a
'.level of magnitude'oomparison can be made between the ahernative scenarios. That comparison
will consist of the following factors
• . TmwporWon corridors Indicating corridors needed to serve the development patterns
implied by each scenario,
• Neighborhoods and housing,
• Environmental Protection,
• Public Facilities and Services,
Government Policies,
" • Parks and Recreation,
Cortunetcial sod industrial growth determining the probable amount of development as a
function of population and policy, and
• Urban Design.
Task 401.4 - Meetings/Briefings
At the completion of each nWor portion of the project, a meeting will be held with the City stag to
review the work accomplished to date. After review by the staff, the conmlunts will present the 9
4), findings to the City Council In a workshop.
/
82
? K 0 32X IQ
•
awnaad
FEE: 04 11r1CH1 Ft1ST LU LITEP. TAE9:t1 P.6 E
402 Series Tasks - Preferred Development Scenario
Task 402.1- Develop a Preferred Growth and Development Seen, rlo
r
Following the development of rite alternative growth and development scenarios, aced incorporating
input from the citizens, electod officals and the City staff id the public meeting, a Preferred Growth
and Development Scenario will be developed. The prefemd scenario may be developed from the
preferred alternative development scenario, or combination of preferred aspects from several
alternative growth and development scenarios.
Task 4021 - Develop Preferred Semarlo Support Date
Following the preparation of a prefaced Development Scenario, an analysis of the scenario will be
performed in order to identify the broad brashed implications of the scenario upon the City of
Denton. The following components will be reviewed-.
• Transportation corridors Indication corridors needed to serve the development patterns
implied by each scenario,
• Neighborhoods and housing,
Environmental Protection
• Public Facilities and Services,
• Government Policies, ~
• Parks and Recreation,
• Commerew and industrial growth determining the probable amount of development as a
function of population and policy, and
• Urban Design.
Task 402.3 - M"NagarleAop
At the completion of each major portion of the project, a meeting will be held with the City staff to
review the work momplished to date. After review by the staff, the consultants will present the
findings to the City Council in a workshop.
Task 403 - Reports
• Upon completion of the preferred Growth and D"o; went Scenario, a draft report will be prepared
aitlcb will summarize the data forecasting and planning processes. The draft report will contain any
charts, graphs, maps, avid text necessary to document the study processes and findings. The draft
report will be submitted to the City of Denton staff for review and comment, and will be revised as
necessary to prepare a final report.
{
83
x 10 32XI❑
FEE 04 '43 iisiCW BUST LD:MTER 7HE4al P.7 8
I ~
I
Project Study Area
The aces to be included In this study is limited to the proposed five mile ETJ of the City of Denson,
Texas.
The Study Am will be subdivided into smaller was for statistical aasiysis. In pwd these areas
will be comparable to an aWgatlom of Traffic Survey Zones to form Census Tracts.
The Planning Horizon for purposes of this study is the year 2,025.
Project Schedule
The project schedule is based on the assumption that approval of the consW=W contracts will be
provided by the City Council on February 17 ,1998, and that funds are available and encumbered
to perform the work.
Information to be Provided by the City
The City of Denton will be providing some on the Information to be used on this project The
team is assuming that the information covets the entire Study Area, and that the lnforreation will
be available by mid-February, 1996.
84
25x10 32XID
,
0
Project Organization Chart - Key Staff
kusl I:ncircrnntcn4S Infruslructurc
Ilcllnnrlh,(Ibat,~ + Ivt%sah,wut.luc.
DI City Of
\rHuu' Andcrtic" Denton
Project Manager
1
Rod Zielke, P.E.
Principal. Charge CAICC
Dr. Al Petrasek, P.E. Or, At Petrasek, P.E.
John Shreve, A1A, AICP
Land Use Planning Population Forecasting Utilities impact FN Analysis
John Shreve, AIA, AICP Dr. Al Petrasek, P.E. Steve He Npe"nif"I"g David Foster, CPA
ord P.E. i
Mark Bowers, AICP, ASLA Mark Sowers, AICP, ASLA Rick erlaeh, a.E. John Kunasek, CPA ;
Renee Perkins Jaynes Joe ucllwPX. James Huffman, P.E. yl(
Raul Mecardo, P,E. Jon Engelke, P.E.
James Kunz, P.E. Rod Zielke, P.E,
GIs CIP Development Surveying and Field Work Technical Suppoti
0 Dale Hexom, P.E. Joe Ezzell, P.E. Brian Wright, R.P.L.S. Jason nsnaomack, P.E. 1
Vickie Walden Steve Heniford, P.E, Robert Bryan, S.I.T. Wendy Hilgers, E.I.T.
Data So" Management Barry Bradshaw, S.I.T. Che
Randy Schwar1 Jason Mundo
David 14lcuacap a, P.E.
OeoMchnkoal ! ni;6r0q
Richard Dorm er, P.E.
C 32
I
I
I
I
Ma7N Ayres lullr Au yq 4 1,rn4u
ID Tod NM+f YI K 1 t/!7 tR7 f71 lA t Art ARI Y17 641 1571 1A 1q1 '.A ill! t } Y1 YDO W7
1 !?711 On cooc4m W4 IA,PDW r I
! (t00i FatiuiPrq ~ } , ~ 1j i III{
l i70111k10rq C,O,dt}MehM
i
A 17071 Cem dva Co" A'u11 II/II MWARn Mod.!, 1 j r
t Ital Cdroe C V~ M7dr1 r""~.
M,Md
i !Owl Eco mk 14 0
t !7011 tow nrle EMrf-w MO"
E 0011 A40 k"ll 10 ADI i1 1 4 t,
1/ 17011 Adelfalug4 PW r
} g011 MYAolPwlkm AnOV0s { t
If cc Wor1/.Nron tA.Mf i .Yll I I
,i (~/11 Anuratlw DwMopim kavAVI V I
I
tAO,.,}oPPeA.NN,ndwV„,rt, I1 1
• 11 11017) AUWP W 61 a k ruM1 o
rl 1101.ll ken,Ae wokdow 1
,f cc WaA ttukn►mMYSaI ♦ IY01
j i
11 117!.11 pwvvd 6ml.A k *40
H AOl q►rtluHd lowWW 14W DN 4 cr
~ 3 I
to CC Ww%l.sdan Me" I I I ♦WI
uw ua+f Fes tlpat ~ ~ I I E !
H (107.111" AIM
PrcIM. CM d Darlar Pt1'u+MY lrrdl to* t~.~ MMd7n1 + &W U1 too ~ Pmw UP 1ro},11 M
CAM Ila" hoyr'1, ~ lre" womm"
Poot
I 2
s '
' G
•
City of Denton, Texas
DevetopniaM of Conpialianslw Plan
PrerrNnary Fee Proposal
r nc ra o senior n ginner n anner a0 n can er Dee as
TaskAVork Item Mena t Consultant B 1 f Told
wion- ours f s
t K 0 $9221 es
10 odne t w MM 92 500 1 B 6370
201 0 auQn ata 4 B 71
71
0 DemmaDIA eta 4 P .00
2 m enl eta 4-t, 67 00
2 conomle Data 4 a e .00
240.
295 UM Use atll a q
.06 xlstln aNn ale e 4 4 .
A0
208.1 vacant la wrenTry one0 P 4 6 $1,352
00
Pla 7 Planned v entf 6 Deter ns
4 00
207,1 Vint Mrs
THM
7.2 V aster n
TWO
1I
207 3 V aster n 4 00
00
08 ONe se ermih
OB nvlr0nmente n Orma on q 40. H ' l
209.1 seen an s b7
co xsli ree la Wnfi !fish 10 7 1' S
3991 M
v xlson ! x0 nOnA (as 4 14 H
NI $24050
9, V"t SwaOlh nom tas 1 991
k) n
6.
0. Water on1cs ea Map 2 s a $6 00
eN ervica BPS ' 00
a ea a
0. ewer erv
" ps etfon n OrmaaOl a 0
iC aCl ins! m Orma a 4 "
13WSERIES ateroege a 4
. 2121 seen 9500010451, e
N Bass VANN
8
.l etr ex
test idea te 8
un
213 3 i COMM a
seta s 4 4 14 50
,
r oA -0 so 6 050
214.1 evlew 6a6 w/ la
• Data O(Wi On 2 CI
le o a
a ad a an tuna aonln
21 4
as na vas!
J.
Deg
3012 C e s on r au
J
!M rr"ef
1
1corronso,jf8p lei
m ■ am mern
3013 Capocily -no"'
21218 6:28 PM 1
1
yy1'/ r . 7 L.J 3 2 X
' e
t
Y
City of Damon, Teen
Devvtopi"M of ConprohenSlva Plan
Plellp"ry Foe Proposd
r no pa ro ac en a n annsr n anner .c n c in Clerical as
TnklWork Item manage Consultant lt 1 f toed
3013 . CRY-wide SWO 4 0 2
1
4 --R
1.1ass m a joOrronoo areas o 04
l $9,92
-92 Prepare Comparallvil na e
.1 . anti o er ea M i h row afeaS 5 4
3022 18tn • evaluate Mallon t■ t 4 40 'H
- - 302 3 rm Ile (iota as f r 1 4 4 s ee
1 4 9. 8
302, re re urelion orecasts
2.5 I! ra faNVe inn Ls uSe a erltf a elS 4
30:1 r afe M la align e a 00
.1 at re etbn (iata for anomaAU ve l le l 4 72 1802.
3, even trend one {es 4 16 16 DO
3. IOenlr ■ document bast trees el a 6 $2 MOM
304 eve otwrt BM OC .00 [
IN uaU and Bureau 0 neuS 19 TOr va '1
3041 1 -wi(ie la 2 5
301.. data 2 4 1 1982.50
15
304 2 eterr"ne birth and ea Iata1 for DCOU1811011 fomshta B 1 '
40
304.3 eve 0 ment astlmalas D ' is mra on ec
3D4 4 ro Ha model citw and s
14,24000
304 4.1 U n Uniform mi ral Klee 40 $5.24 00
Using time v■ ab a migration Iatea B 40 4
vel rorfornre gee 20 1
evf rorxx x naff• N rtOna 4 1 4 .5 12.7643
aloe OWSof modoff 1 neR! f190 eM/CM «a 0 r10
0/i na or (VOOPIMIIJ
e 1 B e 1 331 2 13
0 n w B
unC to B
9 9s7
IN sox Kasnn 2 a
1I401,112 e M ffcu7 eJb Ia MNaV6 deve !COFM 0 ion 4 24 2 .1 1 $0,
1 5750
t N1
40 vc Orcrom vet enl ana 00
nce
rtunltin a slunlf 91/ a onflaill
C■
n usln
ark! a M of 16 ICU ur
re nt n/rnal! OnZy-M and 09
Orr FYUJban anlef
a11 en HI
2-1 anti
6 Ma
etlon f
TvAnSPOMI C
21298 8 28 PM ~
E
I
i
10 32X D
e a,~i •
0
1
e
r I
r I
City of Denton, Teaaa
Davalopmant of Conprehen+He Plan
Poorromy Fee Proposal
r nc pe ro aet nor n annar nnar w n a I c+ M
TMkwotkIl m Mena r Conauhani d I Total 000
401.33 a a ua n
La, rowero r01ec
Mw a s
ovemmen es
Pam swaalak
4 all Cornmor631 + msvlw r
ae a $31 13.
,a. w ee n to t B
e
71. ou Btl@Mg $3.7 131
sen
ve a r en GMWIM + w MI no 59, 0 $12.0 1
T"e
ale
vaTo-o re arc
79R m-
etbn ran usima a hico. Urn in
40222 ran nalm corwors
40223 ei and tiMMG,
40225 C F" MM sn a e1
ms
4022
402 24 Mr.-"N + Fuw"Wn.
COMMON ue e
4022,11 n
F
402 3 ee n s t a s
w 6w nN w la
t
onanny
•
a umma t M
403 Ul MIN K 3.,
M
u oae• ennn
GRAND TOTOAL+'642
' City of Denton lim provide 016 or CADO M
• llarrwf2l •
I
2l2A✓J 1,21 PM 0
7.~ w 10 32 X I II
AGENDA INFORMATION SHEET Agenda No-
Agenda Ilem
Data
AGENDA DATE- February 17,1498
DEPARTMENT: City Manager's Office
CM/DCMIACM: Rick Svehla, Deputy City Manager
SUBJECT -
Consider approval of recommendations from the 1996 Oversight Committee for miscellaneous
street, drainage, traffic signals, sidewalks and recreation fields.
I
BACKGQQUND-
The Committee met on January 5' and unanimously recommended the attached
recommendations for all of the miscellaneous or optional areas of funding,
ESTIMATED SCHEME OF PROJECT
All of these projects should be under way within the next twelve months. Implementation will
start upon passage of the resolution.
PRIOR ACTIONIIZVIEW (Council, Boards. Commissions)
The Oversight Committee recommended approval,
FISCAL, INFORMATION
All of these projects are funded with bond funds, Council issued Intent to sale on February Vd.
BID INFORMATION
NIA
• NIA
Respectfully submitted:
y
4
Yt la
I ai. Deputy City Manager
1
z A0 ~~~X 10
,
s .
e
rt^'VM Y'nN.F9le T....pq. r .;e nJ.•. .n .a..a... .
j
WD
r
CITY OF DENTON, TEXAS 2 r S~ pi~(laaty SteeeL bmloe Tesrs 16201 (94a) 349•t43U1
0Met of the City Min eger
i
MEMORANDUM
V
DATE: February 6,1996
TO. Mayor and Members of the City Council
i
FROM: Rick Svehla, Deputy City Manager
SUBJECT: RECOMMENDATIONS FROM THE OVERSIGHT COMMITTEE
At their meeting on the Su' the Committee voted to forward these recommendations to you. I've
attached draft minutes as wrll as backup from Jerry Clark and Jill Jordan on transportation and
drainage issues. I've al,o attached some information from Ed 1Jodncy on athletic field
construction from previous meetings. The Committee discussed the scenarios at several
meetings. After much discussion, the Committee recommended scenario A for athletic field
construction.
Finally, you may also note that there are two miscellaneous street items. The second of those is
for the purchase of right-of-way on Lakeview Boulevard. This right-of-way acquisition was
discussed a couple of times. Now that the platting and agreement procedures are again under
way for Lakeview Boulevard, staff' and Committee recommend that that right-of way be
purchased with miscellaneous street funds.
~ If Council has any questions, l will be happy to try and answer them at your convenience.
Rick Svehla
Deputy City Manager
I ♦i RS:af
7!
2
5 ~ 32 XI❑
o
1
11996 OVERSIGHT COMMITTEE MINUTES
January 5,1199811,00 a.m.
r
The committee convened at 11:00 a.m. in the Human Resources conference room at the
Denton Municipal Complex.
The committee members present were Joe Mulmy, Ronl Beasley, Margaret Smith, Jesse
Coffey, Terry Schertz, Rick Svehla, Kathy DuBose, Ed Hodney, Jerry Clark, and Kathy
Brooks.
A. MINUTES
I) 09129/97 Committee Meeting
Morton to approve by Jesse Cqffey. Margaret Smith seconded the
motion. Minutes were approved unanimously.
B. FINANCL 1, TRACKING
Kathy DuBose overvinved.
C. STA TUS OF PROJECTS
Rick Svehla, Jerry Clark and Ed Nodney overviewed.
LUNCH
A ITEMS FOR CONSIDERATION
I) Bridge at Carroll and Crescent
Rick Svehla and Jerry Clark overviewed
E. ACTIONITEMS
Jesse Coffey moved to approve all five action items with Oplion A on Item
number five, Terry Schema seconded the motion. Committee unanimously
OL Y approved
• 1) Miscellaneous Street Projects
2) Miscellaneous Drainage Project
3) Signals 1
• 4) Sidewalks • •
sI Parks and Recreation Field Improvements
i
3
- 25)- 10 32XIO
ISO
CORA=
Onow*
Date 1115 97
To Rick Svehla, Deputy City Manger
From )em Clark. D'vecior of Engineering and Transportation
RE O%trsight Committee Meeting of January 3.1998
i
Staff for inclusion in the 1997.98 Miscellaneous Projects Categones recommends the
following projects for Streets. Drainage, Traffic Signals, and Sidewalks These projects were
presented for your review last meeting and for action in this meeting
Miscellaneous Street Projects I"$- Available Funding $890,000
♦ See attached list that describes the combined street program with the rebuilds shown with
a check Those would be 10-year life projects that would qualify them for the bond
f4nding This combined program shows how the rebuilds will complement the repaving
aRer the weer replacement program The utility repaving program will use up most of the
funds which means that only a few streets will be able to be resurfaced outside that
program
V
Nliscebaeous TralAt Signals 1"11- AvoUble Funding $225,000
These re seleoed based on known problem area and citizen input Development impacts
should be a majot consideration in the next five years
• $60,000 for Lillian Miller at Teasley
e 530,000 for Lindsey at US 377
# $73,000 for Nottingham at Mingo including some railroad signal preemption
• A portion of the s!VW M US 377 m 1830 with some potemial developer participation or
533,000 for Sherman at Carroll with participation by Kroger if they expand that store and
create a truck enter at the back that would line up with Sherman.
Misedaneous Sidewalks 199 AvaYstbk Fuedin8 $142,000
. s 560,000 for the Owsley Area from the 590,000 request from the Potice liaison there
e 530,000 fct poird" of Sidewalks on Sycamore between Bradshaw and Ball from the
Vice &&jp and Councilmen Young
e $30.000 lot a sidewalk along Mulberry betwea Avenue A and Carroll which is a t
sipfleant portion of the request from the Fry Sven Corporation
4
25 < 32X
0
' i
I 11 9 %Ijscellaneous Projects for I acS
• 5::.000 for Sidewalks along feeder sums on the north side of L'NT such as Brtdlev.
Wler, Hickory, and Jagoe These will aid student access to carnpus from the reason, bly
priced housing and address some handicapped (imitations by added ramps at key locatiou,v
i ,
Miscellaneous Drainage 1995-Avadable Funding 5179,000
• $10,000 for Design of Gnicom Lake as a Regional Detention Structure Development
activity in the area is very high and the developers have agreed to construct the lake and
dam if the City provides the design They will use it to handle their site runoff that reduces
their site development drainage costs
• 528.000 to reimburse the Pecan Creek at Robenson Account for the design of South Lakes
Retention Pond Dam 02 which is funded for construction only in 1991.99
• S60.000 to upgrade the culverts on Slayhill Road to 8x1 box culverts similar to the recent
project on Spencer to address drainage impacts of pie and recent development
• $33,000 to fund slope protection for Cooper Creek at Old North Road Erosion is severe
and needs to be addressed before the street sidewalk, and adjoining homes are effected by
the loss of the stable channel walls
• $7,000 to fund Engineering and Transportation Staff Time to develop a Design Scheme
for the Greenbelt area in Township 13 where Councilman Young and the Neighborhood
Association have has presented concepts but everyone is not in agreentem yet.
Mbceganeous Street Improvements 1997
The length of the roadway described as Lakeview Boulevard has increased to 17,100' The
City of Denton will be participating in the road using a S10 per unit foot to pay for the exua
right of way from 60'to W The oornmittee approvals for the Miscellaneous Street Funds for
1997 were given in the July 7, 1997, Ovmight Meeting. The cost for tha participation is
estimsied to be 5171,000 The original atirnate wu S161,000 based on a roadway length of
16,100 13te additional cost of S 10,000 will mean that the sues projects have to be reduced by
that amount. This should be covered by the fact that the uhooi district is asking tint we
abandon LUW" Street between Alice and Fulton which 4 900' long. We will adjust the
projects using any flWbility possible to be ore that the total costa do not exceed the budgeted
figure of 5400,000 for the participation in Lakeview, and the repaving of Llndern, Fulton, and
Pandhandie Attached are the original sheets from the April 3, 1997, Oyersight Meeting
Drainage Update: PEC 4 and Pecan Cr*O
Mother item that we would like to cover is a,u update on the PEC 4 and Pecan Creek
Drainage Projects As per the attached status sheets. the secdon between the main channel of
• Pecan Creek and 13rsdahaw is well underway We expect it to be oompiaie by the rntiddle of + •
January 1991 The attached schedule shows the status on the Out and the construction
schedule that will be possible if we can get the easements In a reasonable time frame
S
p
32 X
r ~ 1
1
.1,,. .rte Y•M. ~•♦y..a a. ter. ..o~~
I: 15 97 Stiscellaneous protects for i99s
W Project Crescent al Carroll Cuhert
This project has been looked at in some detail Our determinatlon through working with the
Drainage \taimenance Crews and the Flood Respow Teams is that the best place to spend
this cuh en money is sit the cull en a Crescent adjacent to Carroll The majority of the money
would go to upgrade the culverts at Congress and Carroll The study tom Tegrue.VaJl. ,yid
Perkins provides the details and the costs for the Congress culvert and the upgrade for the
culvert at Crescent Staf h,ould ask that you look w this Rem this time and Si" us your final
recommendation at your next meeting
lac
r `
r
i
{
b
32XICJ
OVA F%&m4LMMMMK2§Q1iAL=SML~
s
STACEY BUDGET OVERVIEW
1857.98
BUDGET 982,987
WATER DEPARTMENT REMBURSEMW 243,814
TOTAL PUNDB 1,275,901
PATCHING 300,000
CRACK SEAL 80,495
CURB 6 GUTTER • WORKOROERS 80.000
CARAOLL BLVD CONCRETE WORK 30,000,
WATER DEPT PROJECTS 605.403
BALANCE 200,09
PROPOSED STREET PROJECTS 785,250
FUNDS NEEDED TO MEET PROPOSED STREET PROJECTS 564.351
F
++j
• .1
0
l
•'"~'MWA7Wa
r
ST 'T PROJECTS
October 1, i.,J7 thru Sept 30, 1998
SCH LOCATION FROM TO BOND ST PROJECTS WATER
ACME FT WORTH SOUTH LOCUST 8,353
AMARILLO CONGRESS GREGG 64,065
ANDERSON AMARILLO MOUNTS 8,9]1
ARCHER TRAIL EMERSON NOTTINGHAM _ 15,185
AUDRA MULKEY MCKINNEY 48,526
AVE G HICKORY PRAIRIE 51.019
BOYD WAYNE TYLER 15,903
CLEVELAND EAGLE COLLINS 20,885
COLLIER EAGLE 135 20,305
_ CREEK BOYD CUL Of SAC _ 8.852
_LL DR DONNA RINEY RD 13,222
DENION HICKORY CRESCENT 11,551
DONNA HWY 11 DEAD END 18,041
OUNCAN MORSE WILLOW SPRING 35,028
J
A ECTOR SCRIPTURE HWY 380 _ 104.493
FULTON PANHANDLE HWY 380 15.000
GLENN GARDEN TUHUNOERIPRO DEAD ENO 11'361 l
GREGO FULTON DENTON 25.400 _
HAMPTON MARSHALL MASCH BRANCH 10,DOU
14,125
HAYNES AMARILLO MOuNIS _
18,151
KADLEE CARROLL 8OLIVAR
HIGIiLANO ELM CARROLL 44,514
60, 0000
JIM CRYSTAL NEW BRIDGE EGAN RD
LARIAT HAMPTON MARSIfA11 hN,541
1
e
0
Amp"
S1 T PROJECTS
October 1, 1x97 thru Sept 30, 1998
it
BOND ST PROJECTS WATER }
SCH LOCATION FROM TO
LINDEN BONNIE SAAE FULtON 135.000
MASCH BRANCH HWY 300 JIM CRYSTAL 15,000
MCCORMICK WILLOWWOOO PARVIN 40,482
MfSOUITE WINDSOR STRATA 36,042
MIMOSA HINKL£ BOLIVAR 45,000
MYRTLE MAPLE EAGLE {5,455
OAKWOOD MCCORMICK DEAD END 21,638
PANHANDLE PONDER CARROU 90,0W
PARKWAY DENTON CAAAOLL 34,617
PEARL DENTON CAAAOLL 93,375
PONDER OAK SCRIPTURE 30,160
AINEY RU HWY BONNIE BRAE 50,984
'
)
* RINEY RD HWY HWY ) 28,655
RINEY AD WINDSOR HWY 20,810
ROBINWOOD PALMWOOD KAYEW000 13,854
SAULS ROBERT GREENWOOD 11,057
SEMINOLE BOYD CUL OE SAC 9'482
` SNYDER WAYNE tYLER 14'003
WAINWRIGHT SYCAMORE BELL 46'690
!W11:0sy'.VC Op W ILIOWWOQb OAKW00D 11'109
DROW MCKINNEY SEW EA LN FIE 41'132
TOTAL 300,000 105,250 805,401
w 1 0 32X
CITY OF DENTON, TEXAS
MEMORANDUM
TO,. Oversight Committee
FROM: Ed Hrdney, Director
Parr s and Recreatio4ep ent
DATE: December 17, 1997
SUBJECT: Proposed Improvements to Youth Sports Facilities
At a previous Oversight Committee meeting. I presented two options to guide your
consideration of the proposed accelerated sale of bonds for athletic facility improvements.
1 have attached another copy of the options table for your convenience. The principal
difference between the two options is that Option A would sell bonds for the two new
baseball fields at Evers Park In 1998. while Option 8 would delay the new baseball fields
until 1999. 1 favor Option A,
On a related matter, 1 am prmiding a copy of a new Youth Sports Agreement for your
re%iew. This new agreement addresses the City Council's Instructions to eliminate
overlapping baseball. softball and soccer Spring seasons. In addh:!:n. I have included new
reporting requirements on finances. schedules and field use as absolute conditions for play
r , on the City's facilities. I think you will find that the new agreement addresses the
C' Cummitttee's desire for increased accountability and Improved management of youth
sports.
I %%ill be prepared tr respond to your questions at the meeting on January S'^.
attachment
c: Rick Svehla. Deputy City Slanager i
,r
10
2.5x 32XID
1
O .
• r
1
ACCELERATED ATHLETIC BOND PROGRAM 11"6-2000
}
OPTION A OPTION B
PROJECT FV 91.98 FY 98-99 TOTAL FY 97.98 FY 98-99 TOTAL.
0MIS1 ($MIS) 0MIS? (500005 (sm'S) 1M'S)
ROMER HOCKEY COURT 132 D/C' 132 132 M 132
DENIA PARKING 93 D/C 93 93 D/C 93
2
EVERST•BALL LIGHTS 82 D/C 82 82 DIC
11
NEW BASEBALL FIELDS EVERS PARK 341 DIC 341 • • 341 IX 341
"
~ NEW EVERS RESTROOM/CONCESSION t65 D/C 165 165 1VC 165
1, r RENOVATE EVERS 01M 20 D WC 220 20D 200 C 220
RELOCATED THREE FOOTBALL FIELP's 36 D 3(p0 C 396 396 W 3%
•
MACK PARK BASEBALL RENOVATIONS • • 239 U/C 259 250 DIC 259
NI. SOCCER RESTROOM/CONCESSION 21.1) 210C 231 21 D 210C 231
132 DC 132 132 D 132
NORTH LAKES SOCCER LICNT3NC W
• - 890 l7t61 2,051 1,003 1,048 2,651
•
1) • (ksign
C • Consbvelion
v»~n~
- - 75 x I❑ 32x10
1
•
CITY of OENTOK TEXAS MUN0PAL SINLDINO82IS E YeMNNEY, DENTON. TEXAS
1617) $666200 r OFW METRO 434-2E.:
MEMORANDUM
TOf Rick Svehla, Deputy City Manager
FROMt Ed Hodney, Director
Parke and Recreation ;p tment
DATE1 September 150 1997
REt Proposed Schedule of Improvements in Upgrade Existing
Parks, Phases S and 4
The Upgrade Existing Parks project is intended to replace
playground equipment, picnic facilities, walks, and other amenities
within 14 parks in years I through 4 of the capital improvements
program. In years i and 2, $650,000 were sold for work in Fred
Moore, McKenna, Phoenix, Dania, Civic Center, Dowling Green, and
Netts Schultz parks. These funds are sufficient to complete the
planned improvements to all but Civic Center and Dania parka.
$1,050000 remains to be sold in years 1 and 4 to couplets work in
civic Center and Dania parks, and to renovate the remaining seven
parka.
The following expenditures are planned for years 3 and 4 (design
and construction)i
Year 3 18150 000 availablal Year 4 1 §700.000 availablat
• Joe Stiles $ 770440 Mack 91770201
Dania (phases) $115,700 Brieroliff $ 881660
Evers $1010860 Civic Canter (phases) $169,479
Avondale $ 128560
Milam 4.3.L.044
North Lakes 4211.104
$130,000
I ~ 9700,000 ~
~►a~ooreo
"Ordrraird ra QuaN». Son hr"
12
25 810 32x
t
i
r
/AIN~M
...rye
AGENDA INFORMATION SHEET Apenda No. .
Apanda Item
AGENDA DATEt February 17, 1998 Oale
DEPARTMENTt Utilitles•Watcr
ACM: Howard Martin, 349.82324V,,,
SUBJECT
A RESOLUTION OF 111E CITY OF DENTON, TEXAS APPROVING THE
APPLICATION OF INTERNATIONAL ISOTOPES, INC. FOR PLAN LINE
FUNDS FOR CONS (RUCTION OF WATER LINES FOR A FACILITY NEAR
WOODROW LANE; AND DECLARINO AN EFFECTIVE DATE.
BACKGROUND
International Isotopes, Inc. Is proposing to construct a building east of Woodrow Lane
and north of Spencer Road (north of the City of Denton's water plant and steam plant).
This facility will manufacture Isotopes for medical purposes. This project complies with
the requirements of our Infrastructure Financing Policy (policy Included in PUB agenda
item). This project has a net benefit to the City of $138,762,
PRIOR ACT ONIREV] EW (Council. Boards. Commission]
The Public Utilities Board recommended that the City of Denton participate in
this project at their December 15, 1997 meeting (agenda item Is attached). The
Planning and Zoning Commission recommended that the City of Denton
participate in this project at their January 14, 1998 meeting (agenda Item Is
attached).
On February 11, 1997, the City Council approved the expenditure of $606,000 for
construction and $103,000 for dcslgn of a 3,232 foot road that will provide access to the
new International Isotope, Inc. facility. On December 16, 1997, City Council awarded a
$95,095 contract to the engineering firm of I luitt•Lollars for the design of the road.
I
pt:,CAL INFORMATION
5250,000 is budgeted every year by the Water Department for this purpose. Money
budgeted for this purpose in previous years that has not been spent is reserved for this
purpose also, The present reserve amount In the Water Department is approximately $I
million, The City Council will approve the exact participation alter bids are received.
This action is to indicate the City's intent to participate In the funding of the waterline. ,
A map of the project is included in the Exhibits.
f
Respectfully submitted;
J' Jorda , P. E.
?,5 w ❑ 32x~~
I~
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE APPLICATION OF
INTERNATIONAL ISOTOPES, INC. FOR PLAN LINE FUNDS FOR CONSTRUCTION OF
WATER LINES FOR A FACILITY NEAR WOODROW LANE; AND DECLARING AN
EFFECTIVE DATE.
NIIEREAS, nn February 19, 1991, the City Council passed Resolution R91.008,
approving an infrastructure financing policy for the funding of water and sewer plan lines to
encourage balanced growth and economic development; and
WHEREAS, pursuant to said resolution, International Isotopes, Inc, has applied for funding
of water plan lines, and said application has been approved and recommended by both the Public
Utilities Board and the Planning & zoning Commission as being in substantial compliance with the
terms of said policy; and
RTIEREAS, the City Council, upon consideration of the application and recommendation,
agrees that the application meets the intent of the policy, that it will encourage balanced growth,
and that it will further Denton's economic development; and
WTIEREAS, it appears from the detailed economic analysis, attached and fully Incorporated
herein as an exhibit, that the economic benefits projected from funding the project far exceed the
projected capital investment, NOW, THEREFORE,
711E COUNCIL OF THE CITY OF DENTON, TEXAS IIEREHY RESOLVES,
SECTION 1. That the Application of International Isotopes, Inc for plan line funding of
water lines for a new manufacturing facility to be constructed east of Woodrow Lane and nord, of
Spencer Road is hereby approved to the following extent:
the City of Denton will construct approximately 1,650 feet of twelve-inch (I2") water line
for an estimated cost of S77,000.
SECTION I. That this resolution shall become effective Immediately upon its passage and
approval
PASSED AND APPROVED this the day of ______,1998.
JACK MILLER, MAYOR
02
2.5 x'IC) 32x 1
ArrEST:
JENNIFER WALTFRS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
IIERI3ERT L. PROUfY, CITY ATTORNEY
BY: .
a
I,`,M'WM1MMqROtW kT\M,I❑,IM LLM nNIrIIM. Me '
d
K'. a 32 X I 1
i
I
I
I
, O
F
Yl41~
January 14, 1998
REPORT
TO ; PLANNING AND ZONINO COMMISSION
FROM ; Gerald P. Cosgrove, P.E. G4k.
Engineering Administrator
SUBJECT ; CONSIDER DEVELOPMENT PLAN LINE PARTICIPATION FOR
INTERNATIONAL ISOTOPES, INC. ON RESEARCH PARKWAY
RECOMMENDATION
The Utilities Staff recommends approval of development plan funding for
approximately 1,650 feet of 12-Inch waterline for an estimated amount of $77,000. The
Public Utilities Board recommended approval (Agenda Item is Attached) of this item on
December 15. 1997.
S01MARY
International Isotopes, Inc. is proposing to build a building on Research Parkway, east
of Woodrow. An economic analysis has been conducted. The net benefit to the City of
Denton is $138,762,
BACKGROUND
Development plan participation is being requested in accordance with City Council
Resolution No, 891.008. Each year $250,000 Is budgeted for this purpose by both the
Water and Wastewater Departments. To date only three other projects, Wal-Mart,
Camping World and Exposition Mills have been funded under this policy. The exact
City participation will be dev. rmined by competitive bid. By the policy, the
Commission Is required to make a recommendation to City Council.
,
Attachment : December 13, 1997 Public Utilities Board Agenda Item
II
04
25 x I~ 32XIO
' o
i
I
DECEMBER 15, 1997
PUBLIC UTILITIES BOARD AGENDA ITEM '
i
TO ; CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM ; Howard Martin, Assistant City Manager for Utilities
RE: CONSIDER DEVELOPMENT PLAN LINE PARTICIPATION FOR
INTERNATIONAL ISOTOPES, INC. ON RESEARCH PARKWAY
RECOMMENDATION
The Utilities Staff recommends approval of development plan funding for 1,650
feet of 12-Inch waterline for an estimated amount of $77,000.
SUMMARY
International Isotopes, Inc. Is proposing to build a building on Research Parkway
between Loop 288 and Spencer Road (Exhibit 1). Terrano Realty, Inc. Is the
developer for this project. The facility will manufacture Isotopes for medical
purposes, In accordance with our Infrastructure Financing Policy, an economic
analysis was conducted (Exhibit II). This project has a net benefit of $138,782,
BACKGROUND
, Development plan participation is being requested in accordance with City Council
Resolution No. R91.008 (Exhibit III). Each year $250,000 is budgeted for this
• purpose in both the Water and Wastewater Departments. To date only three
projects, Camping World, Exposition Mille and Wal-Mart, have been funded under
this policy. The exact City Participation will be detemilned by competitive bid. ThIs
will be brought to the Board at a later date,
AGENCIES AFFECTED
• ! !
Citizens of Denson, Denton Municipal Utilities and Tercano Beatty, Inc,
C5
25 K10 X2. X 0
' I
, wwrrr
♦
FISCAL IMPACT
The estimated cost for our participation is $77,000. See Exhibit IV (CIP Detail t
Sheet) and Exhibit V (Financial Analysis) for further project financial Information.
Prepared by: Submitted by
i
Gerald P. Cosgrove, P.E. Howard Martin
Engineering Administrator Assistant City Manager for Utilities
Approved by ;
Jill Jordan, P. E.
Interim Director of WateiWastewater Engineering & Field Services
Exhibit I. t.ocaton Map
II. Economic Analysis
III. Resolution No. ROI-008
IV. CIP Detail Sheet
V. FinanclalAnalysis
I~
I
06
~TjmffAmm 26x' 32XIi
ImAmm
Q
.-.r~e-rfON A
-
+
w
z
J' p t• '
0
3 ,
'r• t,
Q tz':''3' ! rtiC ~li?4irx~
..a ..r rar+F.._ r aL..
+€:t+•
14
ui*•sri, .4• i
u•.^s•• u r. ~ic.~: REtgEARCH PARKWAY
17 INCH WATERLINE
~r/,} ~rr+rfirr~.r f f
/
,•'~ff • ~ !,r 1. i•r ~ • ~
!
0
0
00
gyp. _
V- 7
0
•
I
Ai
INFRASTRUCTU E FINANCING ECONOMIC ANALYSIS MODEL
ISOTOPE FACILITY
1211111997
Analysis Window: 6 years
Construction Cost: $77,000 As estimated by utility
department staff
Capital Cost: $43,254 see (1) Bond Amortization
Debt service: schedule below
(principal plus 7.6%
annual Interest)
Return on Investment: $0 See (2) below
(6% annually)
Cost Total
$43,254
Benefit Total; $162,018
m NET FIT`11 ` $1381782
•
(1) Band " tswn folie"
Pried at Pfil Z Y sn' end B Yun 6101 ~,~,,,r;,?
Yeer Balance Peg Pagmnl Ptymm
1 $11,000 $3,383 $5,716 $9,158
• 2 $73,611 $1,383 $5,621 $0,905
3 110,233 $34383 15,267 $8,661
4 166,850 $3,383 $5,014 $8,197
6 181,487 $3,183 $4,760 18,143
4A .am 1 ji? 1
(2) The ROI calculation is no longer required,
The ROI cost and benefit are the some, since they are not both a percentage of revenue. EXHIBIT II
r X~ t
:,aaaa~e
•
PAP ~i
I
ORNERY
Applicant's Net
Pmparty, Cities City's City's Annual Not Tax
PI&A 6 Va'uetlon Tax Annual Tax levy over
Equipment Unit Valuation Rate Levy Levy 5 Years
PROPERTY 112,600,000 1 100 ■ !126,000 X $0,6409 667,615 X 26% • sic 903 X 5 Years ■ 164,616
TAX REVENUE
City-6 Net
Estimated City's Annual Annual Not Tax
Annual Sales Tax Tax Levy over
sales Tax Levy Levy S Years
BALES TAX 10 X 0015 ■ $0 X 26% ■ s0 X 5 Years • 10
REVENUE
Percent of Total
CJ
Applicant's Fora labor fora labor Total Denton
Estimated Living In Living in Force Lebm( Face Avg. Annual
Labor Fora Denton Denton Multiplier Affected Salary
EMPLOYMENT 100 66% 60 X 3 ■ 150 WOW
Total Total Annual
Not
Annual Disposable City's
i income of income of cities Annual Annual Net tax
Affactod Disposable Affeclad Saes Tax Tax Levy over
Labor Force Income Labor Fame Tax levy levy 6 Years
!9,000,000 X 40% ■ 17,600,000 X 10,013 $64,000 X 25% ■ !13,600 X 5 Yart ■ N7,500
ISOTOPE DEV PLAN
- 25 32X
aa.rar.
•
era..
INFUSTRUCTURE FINANCING ECONOMIC ANALVIIS MODEL
Estimated Value of
Constructko, Malt 6alsas Construction City's Net
Cost of Perefnt of material Cities Annual Annual Net Tax
Appllearrls Construction Purchased Sales Tax Tax Levy over
FecilHy Cost la Denton Tax Levy Levy 1 Year
SALES TAX $6.000,000 40% ■ $2,000,000 X $0.016 $30,000 X 400% • $30,000 X 1 Yesr a $$0,000
REVENUE FROM CONSTRUCTION
% Contribution $ Contributlon Rol
UTILITY Monthly To To Over
REVENUE Revenue ROI R01 6 Years
ELECTAIC X 42 f0 X 7.76% X $0 X 6 Yara • 10
-
f, % Contribution $ Contribution ROi
jx y Monthly To To Over
Ravenae ROI ROI 6 Years
O
WATER X 6 Years • i0
X 42 $0 X 7,76% X $O
■
i % Conbibution f Contn'bution Rol
Monthly To To Over
Revenue ROI ROI 6 Yeats r
WASTEWATER X 42 • 10 X 7.16% X $4 X 6 Years
TOTAL MINIFIT~ 14$2,01$ {
ISOTOPE DEV PLAN E
- 7.5X10 32X10
0
Resolution Ififrastrugture Fifiafigfig
RldoLUTIoN xo. ~qr -1,109
A Rt$OLU?ION APPROVTN0 THA TN/IWTRVCTVRY MANCINO POLICyt
RIPLALING RIO-0191 AND PROVIDING FOR AN tFFICTIVI OATZ.
MNIRIAS, the Denton Development Plan adopted by the City of
Denton contains policies providing for the expenditure of public
funds to encourage balanced grovth an economic developments and
MNCRIAS, In furtherance of those policies, the lilt-1019
Cappital improvement Plan approved by the City Council proposes to
&I costa ($00,000 each year to fund Mater and laver Line
Infrastructure financing to carry out the balanced grovth and
economic peliciee at the Denton Development Plant and
MUM, the Public utilities bard and Planning and Zoning
Commission have considered and recommended adoption of amendaents
to the existing Infrastructure Financing Polleyt NOM, TNIMORIt
St IT MSOLVZO Of TNI COMM Or TNI CITY OF OINTONt
attaeheud~hi~riee as tTThhatltthe ii approved. Financing Policy,
21mrest Ir, that Resolution Me. RIO-011, adopted on Karen
1, ilsl, approving the Guidelines for Funding and Selecting
Odvalepment Plan Candidate Mater and sewr Lines, Is repealed.
AtcatnM Ifr, That this resolution shall become effective
imeedtataly upon its passage and approvgL
PASSID AND AtramD this the day of V , 1111, i
~ ' ATTts?I '
MRIM 11ALTIRS o CITY SIMMARY
Not
APPONO AS 'NO LMiAL r M1 t
DtW A. ORAYO112'1'67l CI'37 A'tTGMI=1!
r
AN gj,~VL
rYt
NUMV!
,
• • 1 1
_ 25 x 0 32 x O
O
- DENTOM MUNICIPAL UTILITIES
POLICY / PROCEDURES wwnW
tUt
POLICY TITLE I
DIVISION AIL
i
RMC M DA'Z'E February 19, 1991
City carcil Resolution MI-008
Funding Peliev
The City of Denton Utilities Department policy is to faeilitata
local economic growth through a program of Infrastructure
Financing, annua Improvements Plan1(CIp)i the Pub is Utility ies Mard shall coneid*r
the allocation of up to $500,000 annually to finance the
all
ocation shall consist $250 000 froms the Waters.CIP and
$230,000 from the Wastewater CIP,
That portion of each annual allocation that remains unobligated at
close of the fiscal year shall carry forward into the folloVinqq
fiscal year, However, the cumulative total of said unobligatad
annual allocations shall not exceed $2 million at any time,
3alaction Polio
Infrastructure Financing shall bo-provided only too
1) Industrial prospects which have committed to
building facilities in Denton.
r 21 eomosarcial//retail prospects which have
committed to building facilities in Denton and
whiaho
a) sill a "Jorit of their goods or
services to individuals or businesses
outside of Denton, or
b) manafaoture coeds for consumption in O •
• Denton which were breviously
manufactured outside of Denton,
2) Prospects which have oemmitted to bulidLm
oorporate headquarters facilities In Denton,
12
>5R10 32x ❑
•
' o
I
lilfrastrtl Wre Firlalirtng Polig Page lAo
Ali requests for infrastructure Financing shall be subject
to the economic analysis detailed in this policy. This
analysis shall determine project costs and benefits over a
five year period. Infrastructure Financing may be allocated
only if project benefits are equal to or exceed project
coats.
i
For purposes of the economic analysist
Project costs shall consist of loot oft
Debt service associated with the subject utility
line's construction, and
i
Return on investment associated with the
completed subject utility line
Project benefits shall consist of 35% oft
Revenue from ad valorem tax on prospect's
local property, plant and equipment
Revenue from sales tax on prospects products
and services sold by the Denton facility
. Revenue from sales tax on local purchases by
the Denton-resident labor force generated by
prospect's locating in Denton
and 1001 eft
Revenue from sales tax on ?rospectls local
purchase of its facility s construction
materials
a Avenue from that p
local ceps ion at Deenton othe utilities that is
Oentributed rd the return a iansestment
Funding Of projects shall be granted based on the date Of • •
•
submission of applicationt i.e., first core, first served.
40
O N
- - 2~,=10 32x d
p
I
Irifrastruoure Finarijlrig Pdlgy Fie three
Linea under consideration shall begin at an existing City
whichliis o and osest atot the dixi tinge mrinp d s pwhichperim
technically feasible.
The funding recommendation shall state funding limits for
the total project and its construction components as well
as a time limit on the funding commitment.
lunch shall be disbursed to the prospect or the prospects
designee only:
1) upon presentation of a Certificate of occupancy,
for the prospect's Denton facility, or
2) in intermittent payments as construction of the
subject utility line progresses
Unencumbered project funds shall be returned to the
infrastructure Financing accounts,
Mini tParion Prom
Step 1
Infrastructure financing applications shall be available
from the city's tconomic Development Office, This office
shall:
provide prospect with economic assistance information
wit its rovvi a pceip itiwith an application form and assist
p
• entity atfected Departments of prospect's application
ocordinate the prospect's access to city capertments
. prepare an economic assistance package fey the prespest
r
•14
- -TR ? I❑ 32 x9
i
IhfmgrtKWre Firianglrig Poilly Page Four
Step 2
Completed applications shall be returned to the teonomio
Development Office which shall forward a copy of the
prospect's completed application tot
- Planning Department for preparation of a land use
analysist and the
- Utilities Department for preparation of a five year
economic analysis, and technical and cost assessment of
providing utility service to the prospect.
Step 3
The Public Utilities Board shall review the prospectis
application, the technical issues of providing utility
service to the prospect, the completed economic analysis
and forward a recommendation for funding consideration to
the Planning and toning Commission. '
Such recommendation may support the prospect's request for
an exemption from these previsions of the Sub-Division
ordinance regarding the extension of utility lines.
Step 4
The Planning pp and zoning commission shall review the
economic'sana.ysirtlonad the Public dtilitllesysBoard
recommendation and forward both the Board$& and its ern
recommendation to the City Council,
{ Y
i • 1 .
{
{
15
x I0 32XIC1
0
1998 CAPITAL IMPROVEMENT PROJECT IY 98-0481-08
PROJ TITLE. (0) DEVELOPMENT PLAN WATERLINES I
c , ESTIMATED COST: SW pc 1000)
GROUP ASSIGNMENT: 7
DESCRIPTION: ExWod wdwwm go = N,Wtad kAR W dewiopmM.
AWA @Nos to W dm mNMd u vopmd•
PURPOSE: awl 'el DowbpnNrd
ENCUMBRANCES CASH EXPEfJOITURU
BOND REV AIC OTHER TOTAL BOND REV A! OTHIM TOTAL,
- TOTAL I ST YR 10 um Im =0 $no so 84E0 $0 SO $960 +I
TOTAL 2ND YR 0 O 0 0 0 0 0 0 0 0
TOTAL 3R0 YA 0 O 0 0 0 0 0 0 0 0
GRANO TOTAL 10 Sw so SO Sno SO SIM SO SO an
ENCUMBRANCE DATES: Eno m6wod u @Wlt
PHASE DATE AMOUNT OBJECT I
OEIIIfr'U►dIB1E
ow4ftoft QNIYv PufdyN
i Mypallon
As Mgt on Bt 14 i NBS '
i
mbowwowA
ENCUMBRANCE TOTAL p80
COMMENTS:
l-OWlIP40 16
. 25 k
~C~ 32x
,
DEVELOPMENT PLAN - WATER
INTERNATIONAL ISOTOPES, INC.
FINANCIAL ANALYSIS
I
WATER DISTRIBUTION (REVENUE) STATUS =(X1000)
FUND SOURCE
98-0481.08 $250,000
Prior Year Carryover $1,000,000
TOTAL FUNDS $1,260,000
EXPENDITURES
International Isotopes, Inc. Estimate $77,000
TOTAL EXPENDITURES $77,000
AMOUNT OVER/(UNDER) BUDGET ($1,173,000)
{
EXHIBIT V
III fund anoyeia pub dev pim 17
7h 1 32XIII
. e
t
Agenda No. /
Agenda Item
Date
AGENDA INFORMATION SHUT
AGENDA DATEr February I7, IM
DEPARTMENT: Engineering & Transportation
CM/DCWACMi Rick Svehia, Deputy City ManageCy
SUBJECT
Consider an Ordinance Partially Vacating it Certain Drainage Easement recorded In the Real
Property Records of Denton County at Volume 1979, Page 210.
BACKGROUND
The Drainage Division has realigned the existing channel to mitigate some drainage problems
and simplify their maintenance operations. The owners of the tract have granted an easement for
the new alignment. This abandonment serves to "clean up" the encumbrance on the tract. `
PRIOR ACT ON EV EW (Council Board_i. Commissions)
The Development Review Committee recommends approval
The Planning do Zoning Commission recommends approval
FISCAL MFORHATIO
None. 1
MAP
Attached.
Respectfully submitted:
f Jqfy lark, 'rector
E Bering Transportation
Prepared by:
Paul Williamson
A Technical Assistant • 11
1
25 X 10 32x10
0
~s
NOR
r
A
rry aory f
N~ ESTATES
0® 1
A DRA
rctt.. ~t eta.B
AYMJA
r
d ED MILKff
PROP08
ABANDONMENT
SITE
pA~
E► 'K
c fl r I
SI
44- KI r Nv SCALE
LLL~~~~.J1J
LOCATION MAP CM OF DWMo 7WW A-JD-%
a~ 32X❑
attttatt•
E•
' anaas
f
'trey Ar 9
13.!11 tent ~
iN kyrWy~I i
" Y - 1r7~ MM~rIHww/ t*My 1MrtN co
co
,
t.~rw td a
vwj ai
`wa Ir o
INS 1
n✓ a." "tiw rr C
W 04
4 5
'Trill e• ;
11.t1! atrN
!-0 (r r -01 Ail' &GO
Ica
r '
r N ,
Lvw
City of Denton
,Vnytn#Mng & &antpMd1fOn nrpnrlmtnt
R4pAl-0f-May D{vitlor►
1 1
f Y
32x ~
0
w
P&Z Minutes N
September 11, 1996
Page 13
effect on drainage in the area, it simply does not justify installing pipe systems and lined channels.
Staff agrees with the app►lcant in this case that providing the drainage easements will provide
appropriate protection for the proposed homes as well as provide for orderly development of the area
in tht, future,
Ms. Russell: Any questions? Thank you.
b. Consider & variance of Section 34.116(e) pertaining to fire flow.
e. Consider a variance of Section 34.116(e) pertaining to fire hydrants.
d. Consider approval of the preliminary and final plats of tats 1 thru S, Block A of the Thomas
Addition,
Ms. Bateman, Adequate water capacity could be achieved by connecting the nearest water line which
Is eighteen thousand five hundred feet away. The cost to do this would be four hundred and slxty•two
thousand dollars. They would be required to have approximately four fire hydrants at a total cost of
ten thousand dollars. Tha preliminary and final plat cannot be approved if you do not approve the
variances. Public Improvements would be right-of-way dedicatlon and drainage utility easements.
DRC does recommend approval of the plats if the variances are approved by City Council,
hfr, Jones: I recommend approval of the whole deal subject to the approval of the variances by City
Council.
Ms, Schertz: Second.
Ms, Russell; Any discussion? All In favor of the motion please raise your right hand. Opposed
same sign. Approved, (6-0)
XU. Consider a drainage easement abandonment at the southwest corner of Audra Lane and Loop 188.
Mr, Salmon, Tnis particular ewment abandonment was Initiated by our Drainage Ma►ntenarwe
Division. It is located In the southwest corner of Loop 288 and Audra lane, What has happened
here Is that there was a proposed development eight to ten years ago and they designed their drainage
easement around their development. When the adjacent subd►vislon developed they granted that
drainage easement by separate document even though they had not constructed their Improvements,
That development was never constructed and since then there have been several different owners.
The drainage easement has grown up and become unmanageable and ►t Is a very unmanageable shape,
it is very difficult to maintain drainage with all of those crooks and curves. We have approached the
owner of the property to see if they would agree to ded sate an easement that would be easier to
malntaln. They are agreeable with this and they understand that if they need to move the easement @ •
at a later date they will have to go through this process again, is Is a grass lined channel right now
to it would be relatively inexpensive to move If someone decides to develop the property at a Islet
date. Staff is recommending that the easement abandonment be approved,
Mr. Cochran, I move that we approve the dralmee easement aban,ik w,ment at tt : s ut! west co, ^r
A
•
• o
P&Z Minutes
September 11, 1996
Page 14
of Audra Lane and loop 288,
Mr. Jones: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6.0)
XM. Consider a drainage and utility easement abandonment at the northwest corner of Stuart and
Windsor Drive.
Mr. Salmon, This particular easement is an existing utility easement at the northwest comer of
Windsor and Stuart Road, There Is a rather large drainage channel In use uea. This Is a case where
we will gemtq an alternate easement In place of the existing easement, Currently there Is a sanitary
sewer In that easement The contractor Is going to start building a new sewer tine In the proposed
new easement, 't'here is a drainage channel on this property that is not currently In an easement. Our
drainage malntanance people have riot been able to maintain this area properly. This really Is a very
good thing for the city. The owner is going to grant a new easement where the existing dralnage
charnel Is and where the new sanitary sewer Is going to be located, This Is really it wlu-wln situation
for the city and the property owner, Staff recommends that this easement abandonment be approved,
Mr, Cochran: I move approval.
Mr. Jones: Second.
Ms. Russell: Any discussion? All In favor please raise your right hand, Opposed same sign.
Approved, (6-0)
XIV, Elect a Chair and Vice-Chair.
Ms. Russell What Is your pleasure concerning the Chair and Vice-Chair7
Mr. Cochran: I move that we keep things the way they are with Barbara as the Chili and Ellen as
1 the t'tce Chair.
E Ms. 0"n Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed two sign,
Approved. (6.0)
XV, Director's Report,
Mr. Robbins: The Development Review commhtee Is doing their thing. They are looking at
Increasing the Intensity areas to mostly moderate and some high Intensity uses along all of tiur
pdmuy arterials. It was noted Monday night that Locust between Loop 288 and the dint was In low
Intensity, to It will now be moderate, five hundred feet wide along It They are kilo working on
some major aspects like housing diversity, 1 put an article In our backup about a critle of deslt,n
3
2 5 x 32 X II
o
ORDINANCE NO.
4
AN ORDINANCE PARTIALLY VACATING A CERTAIN DRAINAGE EASEMENT
RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY,
TEXAS AT VOLUMN 1979, PAGE 210; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Denton has received a request for the partial
abandonment of a certain drainage easement; and
WHEREAS, the PIL-ning and Zoning Commission of the City of Denton, Texas
reviewed the requested abandk,nment and recommended approval; and
WHEREAS, the Council of the City of Denton, Texas has determined that the
drainage easement being partially vacated is no longer needed for public use; and
WHEREAS, the fair market value of the drainage easement has been determined
and received, as required by section 272,001 of the Texas Local Government code and
DENTON, TEX., CODE ch.2 art. IV. (1991); NOW THERFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SOON, That the portion of the drainage easement described In Exhibit A,
attached hereto and Incorporated herein by referenced, and recorded in Volume 1979,
Page 210 of the Real Property Records of Denton County, Texas, is permanently vacated
and extinguished as a public easement, to the extent described In said exhibit; provided
howeve-, that there Is expressly reserved a public drainage easement evidenced by a
document executed by 0. Brad Orant, Becky J. Grant, and Charles A. Grant, It. on July
70 1996, filed as document 071$35 In the Real Property Records of Denton County,
Texas, wherein a relocated drainage easement was granted to the City of Denton, a true
and correct copy of which is attached hereto and incorporated by reference herein as
} Exhibit "B"
•
SECTION It, That by reason of such vacation the City of Demon's property
interest In the vacated portion of said easement shall, by operation of law, revert to the
owner or owners abutting the easement herein abandoned, and the City of Denton
releases any and all claims to the use of the vacated portion of said property as a public
easement.
gFCTION III That this ordinance shall become effective Immediately upon Its passage and approval.
a
342% X
s I ,
59
a
1
. i
I
PASSED AND APPROVED this the day of
I
19971
JACK MILLER, MAYOR
ATTEST: j
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. P~R~OUTY, CITY ATTORNEY
BY: C ~.~.4c, .
I:~MndbNUnke~rnlurtn 19?9eumrMdne
Y 1
r
y
zxll 32 x10
A
0
"EXHIBIT A"
ALL that certain lots tract or parcel of load lying mad being situated in the City sad County of
Deolon, State of Texas, in the M.E.P. k P.R.R. Company Surveys Abstract Number 927, sad being
part of a tract to B.J. Hays recorded in Volume 1717, Page 406 of the Real Property Records of
Denton County, Tans, and being all of it tract conveyed from H.J. Hays to the City of Denton by
easemeot deed recorded In Volume 1979, Pogo 210 of the IMILD.C.T. and being more particularly
described as follows-
BEGINNING for the southwest cornerof the tract being dwribed hereto; sold point bearing South
006 33' 00" West, 641.39 feet and South W 2T 00" East, 117.60 feet from the northwest cower of
sold Hays Iroctt l
THENCE North 310 53' 54" Ent, a distance of 72.95 feet to a point for towers
THENCE South 119° 27' 00" Ent, a distance of 112.70 feet to a point for corner;
THENCE North 540 02'29" Ent, a distance o(32.87 feet to a point for comerl
THENCE North 170 31' $1" Ent, o distance of 166.64 feet to a point for cowers
THENCE North 63110010011 East, it distance of 131.76 feet to a point for coruert
THENCE North 280 51' 26" East, a dbtonce of 105.11 feet to a point for cordon
THENCE North a distance of 195.29 feet to a point for the northwest corner of the herein described
Irae1s
THENCE South 890 $1' 25" East, parallel with and 30 feet In a southerly direction from the north
One of said Hays tract, a distance of 39.90 fete to a point for the northeast corner of the herein
described tract;
THENCE South a distsoce o(205.66 feet to a point for comers
THENCE South 280 8112611 West, a distance of 127.48 feel to a point for corner;
` THENCE South 630 00'00" West, a distance of MAO feet to a point for cornen
• THENCE South 170 311911 West, a distance of 19993 feet to a point for the northern soutbeasl
corner of the herein described traeti
THENCE North 890 2710011 Wesl, a distinct of 140.28 feet to a point for cover;
THENCE South 316 $315411 West, a distance o(26.1 I feet to a potot for the southeast coraerof the
i herein described tract] • i
41 THENCE North 89017' 00" West, a distance o(46.84 feet to the POINT OF BEGINNING slid
containing 0.763 aerei of load.
r
7ti KCB 32x O
' s
Apnnda No.
Agenda Item
Data '
AGENDA INFORMATION SHEET
AGENDA DATE: February 1?, 199g
DEPARTMENT: Englnaarlag k Treaaportatlon o
CMIDCM/ACM: Rick Svebla, Deputy City Meaner r
,'SS!ffiIFS~T
6 I
Consider an Ordinance Partially Vacating at Certain Sewer & Drainage Easement from H.D.
Roberts and We, Stella Roberts to the City of Denton by easement deed on March 3td,1960 and
recorded with Clerk's File Number 3881.
BACKGROUND
The existing sewer main In this portion of the proposed easement abandonment tract has been
abandoned and relocated to the new drainage and public utility easement to the northwest. no
drainage way was relocated a few years ago. This abandonment serves to "clean up" the
encumbrances on the pat ent tract.
PR1UkACT1ONJRFVIEW( oandl.go rdLCommluloaal
The Development Review Committee recommends approval
The Planning & Zoning Commission recommends approval
~CCAI,1NF01LMATLON
None.
r Attached.
Respectfully submitted: '
Clan , Directs
1 Effg ne"S A Transportation
Prepared by-,
Paul Williamson
Technled Asslstant
t
r - - x 32X10
•
3.1!LiGW
Q
Low
r W
Y
A
KMI IM
pMarasfo C+y
AOANOONMEN?
NTf
ICGC A tTtON
MAP L.....~ cm
In 32XIn
I
i
o i
I
N
NO SCALE
Trans-Atlos Financial, Inc.
Volume 29541 Page 998
Real Property Records
Denton County, Texas
4,0012 Acres
a
N
EelellnCC~Ot'y0 ainage 8
OC
Clerk4$ Fil~f I 0 80073328
w ~ X66`9 2p666 ~
402.69'
Existing ewer a Drainage
Easement to be Abandoned
pR~~
j 0IR
s
4,,. 25 x 32xId
0
'
P&Z Minutes
September It, 1996
Page 14
of Audra Lane and Loop 288.
Mr. Jones; Second.
Ms. Russell. Any discussion? All in favor Pieria raise your right hand. Opposed same sign.
Approved. (6-0)
?tom. Consider a dralnage and utility easement abandonment at the northwest comer of Stuart and
Windsor Drive.
Mr, Salmon: This particular easement Is an existing utility easement at the northwest comer of j
Windsor artd Stuart Road. There Is a rather large drainage channel In the area. his Is a case where
we will getting an alternate easement in place of the existing easement. Currently thereto s sanity
sewer In that easement. The contractor Is going to start building a new sewer line In the proposed
new easement. There Is & drainage channel on this property that is not currently in an easement. Our
drainage maintenance people have not been abie to maintain this area properly. This really to a very
good thing for the city. The owner Is going to grant a new easement where the existing drainage
channel Is and where the new sanitary sewer is going to be located. This is really a win-win situation
for the city and the property owner. Staff recommends that this easement abandonment be approved.
Mr. Cochran: I move approval
Mr. Jones: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved, (6.0)
XiV, Elect a Chalr and Vice•Chalr,
Ms. Russell: What Is your pleasure conceming the Chair and Vice-Chair?
Mr, Cochran: I move that we keep things the way they are with Barbara as the Chair and El fen u
the Vice Chair,
Ms.Oanter: Second.
Ms. Russell: Any discussion? All In favor please ralse your right hand. Opposed same sign.
Approved. (6.0)
% XV, Director's Report.
Mr. Robbins: The Development Review committee it doing their thing. They are looking at
Increasing the Intensity areas to mostly moderate and some high Intensity Wes along all of our
primary arterials. It was noted Monday night that Locust between Loop 286 a,d the clam was in low
Intensity, to It will r,rw be moderate, five hundred feet wide along It, tk, ,:rf- iso workl~.' ,m
some major aspects I,te housing divers i put an anlc?,: -13 our l,a~l., p ^;ui ritic of ~ ,t^n
el-
4
- - zx❑ 32x~a
,
tomb=
o
ORDINANCE NO,
AN ORDINANCE PARTIALLY VACATING A CERTAIN SEWER AND DRAINAGE
EP SEMENT FROM H,D. ROBERTS AND WIFE, STELLA ROBERTS TO THE CITY
OF DENTON BY EASEMENT DEED ON MARCH 3rd, 1960 AND RECORDED
WITH CLERK'S FILE NUMBER 3881; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Denton has received a request for the partial
f abandonment of & certain sewer and drainage easement; and
WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas
reviewed the requested abandonment and recommended approval; and
WHEREAS, the Council of the City of Denton, Texas has determined that the
sewer and drainage easement being vacated is no longer needed for public use; and
WHEREAS, the fair market value of the drainage easement has been determined
and received, as required by section 172.001 of the Texas Local Government code and
DENTON, TEX. CODE ch.2 aH IV. (1991); NOW THEUORE,
THE COUNCIL OF THE CITY OF DENTON'' HEREBY ORDAINS:
SECTION I. That the portion of the sewer and drainage easement described in
Exhibit A, attached hereto and Incorporated herein by referenced, and recorded with the
Clerk's File Number 38810 is permanently vacated and extinguished as a public
easement, to the extent described in said exhibit
SECTION II. That by reason of such vacation the City of Denton's property
interest in the vacated portion of said easement shall, by operation of law, revert to the
owner or owners abutting the easement herein abandoned, and the City of Denton
° releases any and all claims to the use of the vacated portion of said property as a public
easement.
SECTION III. That this ordinance shalt become effective immediately upon its
passage and approval
PASSED AND APPROVED this the day of ,
199E
JACK MILLER, MAYOR
I
S
25 32XI
j
TA.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY; G
APPROVED AS TO LEGAL FORM;
HERBERT L. PROUTY, CITY ATTORNEY
BY:
i
I
r.1,h~nd ordinuwrVllmumEn1Of I dog
r
ti
+A
r
a
7.5 x o 32x~❑
i
o
"EXHIBIT A"
ALL that certain lot, tract or parcel of land lying and being situated
in the City and County of Denton, state of Texas in the B.B.B. 0 C.R.R.
Company Survey, Abstract No. 166 and also being part of a 4.0012 sore
tract conveyed to Trans-Atlas rinanoial, Ina, by deod recorded in Volume
2954, Page 472 of the Real Property Records of Denton County, Texas and
being part of a drainage and sewer easement from H.D. Roberts and wife,
Stella Roberts to the City of Denton by easement deed on March 3~, 1960
and recorded with Clerk0a File Number 3881 more particularly described
as follows$
COMMENCING at the southeast corner of said 4.0012 acre tract, same being
the intersection of the west right-of-way line of Stuart Road and the
north right-of-way line of Windsor Drivel
THENCE South 82' 43, 50" West along the south line of said 4.0012 acre
tract and the north right-of-way line of Windsor Drive a distance of
102,69 feet to a point for corner, &aid point being the beginning of a
curve to the left whose radius bears South 07' 16' 10" East a distance
of 10714.48 feet and whose central angle is 02' 17' 32"l
THENCE southwesterly along said curve, same being the north line of ,
Windsor Drive, an are distance of 68.59 feet to the POINT OF BtOINNINO,
said point being the beginning of a curve to the left whose radius bears
South 09' 331 42" East a distance of 11714.45 feet and whose central
angle is 01' 3V 1701
THENCE southwesterly along said curve, same being the north line of
Windsor Drive, an aro distance of 47.02 feet to a point for cornerl
THENCE North 63' 371 12" East a distance of 258.19 feet to a point for
corner, said point lying on a southerly line of a drainage and publio
utility easement granted to the City of Denton by easement deed recorded
as 96-80073328 in the Real Property Records of Denton County, Texssl
+'e THENCE North 75' 51' 14" East along the southerly line of said easement
0 a distance of 6418 to a point for corner, said point lying on the moat
southerly east line of said 4.0012 acre tract and the vast line of
Stuart Roadl
THENCE South 00' 68' 36" East along said lines a distance of 22.45 feet
to a point for corner!
• THENCE South 63' 371 12" West a distance of 208.66 feet to the POINT OF r •
BEOI.NNINO and containing 41850 square feet of land.
F /
J
i
~5 )t 32.x10
.
Agenda No, _J
Agenda Ito
Oatd `AGENDA INFORMATION SHEET
AGENDA DATE: FeLeuary 17o 19"
DEPARTMENT: Engineering & Transportation
CMIDCMIACM: Rick Svehla, Deputy City Manage
i
SUBJECT
Consider an Ordinance Partially Vacating a Certain Utility Easement recorded in the Plat
Records of Denton County, Texas at Cabinet 1, Page 118, as it pertains to Lot 2R, Block A, of
the Bell Place Addition,
k
BACKGROUND
When Lot 211 was recently developed the affected parties, Marvin Morgan and Lake Cities
Jehovah's Witness requested the tract be abandoned to accommodate the future improvements, i
The easement tract was originally configured to contain an electric transformer, however,
subsequent site design yielded a different electric sencce scenario. There are no utilities within
the area of proposed abandonment.
PRIOR ACTIONIREVIEW [Council, Boards. Commiulgn~
The Development Review Committee recommends approval
The Planning & Zoning Commission recommends approval
FISCAL INFORMATION
None.
Respectfully submitted:
J Clark, irecior J
neerin do Transpottatic,~, l
Prepared by;
Paul illiamsort j
Technical Assistant 100
f
25-K 0 32x~~1
z~
I
Z J
JL
Cn m ~
Q
IF ~
T E S
-J z
w U Q
T- 0 Lij
Q `n
RL SITE
MCKI NEY
AK
IL 1000 a
Y 0 C03 D wn~ HICKORY
• STRO D D N =
E. PRAIRE o
U)
a u
~ •
° w m W1L
J
a aCl~ M0
2
x lo 32 x I II
v1ap~,1!+7t
I1
6
« . q a
k
. - - - - -
SGt A'O1rteM'
C. 0v
ter 41/ M
r u
`05 1"y t~ ter if
4 ~
m M'27'10' I00.~ ' w~ 100'1 1170 B (atto
f~.f1• turfs p
►s
N 00'01/3010[
f r rat La u. u' w
1' IIO~~E 4
I A. s
turf 10.07'
' MOa14001T 0111Art.
.1w plreNANCO ~'14~/ 10' POLO Olr01tAYION
w c I I , 0.011 ACA) I
~ A
x QRoPosGn •tltl+cT i L 0 y To 6E 8 L 0 I I r/ ~d
• l.ut I Ic4~L1 Q0 1
I ,
ry 6........ L 160.11' a F t (1~ T -~11Y ( ►
t~
IF
I M 3 .•7l'10.IIIr
s L ~Q _t.
6,101 A
uCL udL0 AdJ f
1 s _rswc__
Jaffa,
N 80121'00' N 870.03' u.r ~
43 32 x
s
' 2111r'RAeI
Lot 2R, Block A
Bell Place Addition
Cabinet 1, Page 188
Plat Records Of Denton County, Texas
N PROPOSED PARTIAL ABANDONMENT
Of 20' X 20' UTILITY EASEMENT
20'
+
a , K= m
Iv f ' ~ r
EXISTING 16' UTILITY EASEMENT TO REMAIN
Lot 3R, Block A-~-
Bell Place Addition
Cabinet I, Page 188
Plot Records of Denton County, Teas
so' r r
City of Denton '
Engineering & rransportatdon Department
Right-of--Way MvUion September a feat
4
F 2Ij K 1d 32xI❑
4 k
P&Z Minutes
September 25, 1996 COPY
Page 9
Mr. Powell: i am proud that this is a private project and this will add to the tax base.
Anything that 1 have said tonight that was negative was rat meant to be negative about the
project.
Mr. Cochran: 1 move we recommend approval for the change in zoning from Multi-Family-
1 to Planned Development and detailed plan for Z-%-034.
Mr, Powell: Second.
Ms. Schertz: Any discussion? All in favor please raise your right hand. Opposed same
sign. Approved. (6-0)
b. Hold a public hearing and consider the preliminary replat of lots S thru 10, Block 15,
of the Owsley Park Addition into tot 1, Block 1, of the Santa Fe Square Addition. The
property Is locatod on the south side of Prairie Street, approximately three hundred fifty
(350) feet west of Avenue E.
Ms. Schertz opened the public hearing.
Ms. Bateman: This Is taking six lots and platting them into one lot. Public improvements
associated with this plat Include 300 feet of sidewalk along Prairie, Installation of one fire
hydrant, and right-of-way dedication on Prairie Street. The plat does conform to the
minimum requirements of the Subdivision and Land Use Regulations,
Mr. Cochran: Are the trees that are on the plat existing trees?
Ms. Bateman: Yes they are existing trees.
Ms. Schertz: Would the petitioner care to speak? Is there anyone to speak in favor of the
petition? Is there anyone to speak in opposition? We will close the public hearing. Any
final remarks?
i
Ms, Bateman: Staff recommends approval,
Mr. Moreno: 1 trove we approve the preliminary replat of Lot 1, Block 1 of the Santa re
Square Addition.
Ms. Ganzer: Second.
Ms. Schertz: Any discussion? All In favor please raise your right hand. Opposed same
sign. Approved. (6-0)
V. Consider the proposed partial easement abandonment of Bell Place Addition, Lot 2111 Block
A.
s
2b K10 32 JU
0
P&Z Minutes
September 25, 1996
Page 10
Mr. Salmon: This property was recently rezoned for some apartments owned by Marvin
Morgan. The easement in question is in the corner of Lot 2R, Block A. In order to make
his site plan work we need to abandon this easement. TMs is a u0tity easement and there
are no utilities in that easement. That easement was originally put there for an electric
transformer. The electric transformer was not placed in that easement. Staff is
recommending that portion of the easement be abandoned.
Ms. Schertz: Any questions?
Mr. Cochran: I move approval.
Mr. Moreno: Second.
Ms. Schertz: Any discussion? All in favor please raise your right hand. Opposed same
sign. Approved. (6-0)
VI. Director's Report.
Mr. Robbins: If you will look at your schedule for future Items, we are hoping to have
Lowe's Alternate Landscape plan on October 9th. Lowe's didn't build what you approved,
most of what they didn't build has to do with the type of plants and trees that were on the
landscape plan. They are under a temporary certificate oroccupancy right now. One of the
concerns is that Instead of having juniper ground cover In the Islands, they are proposing
grass. You will also see a the Sherman Oaks subdivision on the 9th. A large zoning case
that will be coming to you on October 9th is the Hunters Ridge case on Lillian Miller. This
proposal is for a mixed use development. There is a chance that it might not happen on the
9th, but It is out there. There are already Byers out in the neighborhood about this project
and Walt has received some phone calls concerning this. There Is also the R&K Camping
zoning case which Is immediately south of Camping World. They are requesting an SUP
for that area to allow folks to park their RVs overnight. There will also be a zoning case for
1006 Bolivar on October 9th,
Ms. Schertz: Barbara Russell and i have received calls concerning our recommendation of
the zoning ordinance to the City Council. We recommended it to Council and also made
note that we would like the members, that had worked on it so diligently for a number of
years, to receive copies of it so that if they had any comments they could bring it up to
Council. It Is scheduled to be brought before them next Tuesday. One of the Issues that has
been brought to our attention, there have been three or four, but one of the primary ones has
to do with apartment parking and the regulations that are In the new zoning ordinance. The
developers have a strong feeling that what the new plan calls for will not allow for the
building out of their projects as they had originally thought, that It will cause them to spend
r1o more money than what they have budgeted, and It won't be fair for apartment projects. That
Is one Issue. I have also spoken to someone who was not comfortable with part of the
airport development. Mr, Robbins and I have talked about these Issues and we have two or
three choices here. What has been explained to me Is that we could not do anything and let
it go before Council, make them aware of it in executive sessit,n and let the people speak to
6
nr « , r 32 X
1
1
ORDINANCE NO.
AN ORDINANCE PARTIALLY VACATING A CERTAIN UTILITY EASEMENT
RECORDED IN THE PLAT RECORDS OF DENTON COUNTY, TEXAS AT
CABINET 1, PAGE IIS. AS IT PERTAINS TO LOT 2R, BLOCK A, OF THE BELL
PLACE ADDITION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request for the partial
abandonment of a certain utility easement; and
WHEREAS, the Planning and zoning Commission of the City of Denton, Texas
reviewed the tequested abandonment and recommended approval; and
WHEREAS, the Council of the City of Denton, Texas has determined that the
utility casement being partially vacated is no longer needed for public use; and
WHEREAS, the fair market value of the utility casement has been determined and
received, as required by section 272,001 of the Texas Local Government code and
DENTON, TEX., CODE ch.2 at. IV. (1991); NOW THERFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECIL= That the portion of the utility easement described in Exhibit A,
attached t ereto and incorporated herein by referenced, and recorded in Cabinet 1, Page
118 of the Plat Records of Denton County, Texas, as it pertains to Lot 2R. Block A of the
Bell Place Addition, Is permanently vacated and extinguished as a public easement, to the
extent described in said exhibit.
,may. That by reason of such vacation the City of Denton's property
interest in the vacated portion of said easement shall, by operation of law, revert to the
owner or owners abutting the easement herein oandoned, and the City of Denton
releases any and all claims to the use of the vacates; portion of said property as a public
easement.
SFC'tION fll, That this ordinance shall become effective immediately upon its
• passage and approval
PASSED AND APPROVED this the day of
1997.
i
JACK MILLER, MAYOR
I
. z x 10 32x111
A
1
{
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY iI
i
BY: &JcL Miw
c~furedadVnnuDel~Lcela2Adoe
~ I
' I
i
1
{
I
e
25 x'~~ 32xIo
I' awes
I
"EXHIBIT A"
ALL that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas in the
B.B.B. t C.R.R. Company Survey, Abstract Number 105 and being
part of Lot 2R, Block A, Hell Place Addition, an addition to the +
City of Dopton, recorded in Cabinet it Page Ile of the Plat
Records of Du.ton County, Texas and being more particularly
described as follows:
CO"NCINO at the southwest corner of said Lot 2R;
THENCE North 00' 000 21" test along the want lino of said Lot 2R
a distance of 3.80 feet to the POINT OF 32GINNING, said point
lying on the north line of an existing 161 utility easement as
shown on said sell Place Addition plat;
THENCE North 00' 061 21" East continuing along the west line of
said Lot 2 a distance of 14.11 feet to a point for corner, said
point being the northwest corner of a 201 by 20' utility easement
as shown on said sell Place Addition plat;
THENCE South 99' 19' 26" Seat along the north line of said
easement a distance of 20 feet to a point for corner, said point
being the northeast corner of said 201 by 20' easement;
THENCE South 00' oat 21" West along the most line of said 20, by
201 easement a distance of 15.06 feet to a point for corner, said
point lying on the north line of said 161 utility easement;
i
THENCE North 04' 201 30 Nest along the north line of said 161
utility easement distance of 20.09 feet to the POINT OF BxGmma
and containing 300 square feet of land.
710.71.91
~M 9 E~11D1ac2.aoc
1
4 gip?
2.5x~d 32A]
•
Agenda No,
Agends Etam _ f
OaEa - €
AGENDA INFORMATION SHEET
AGENDA DATES February 17,1998
DEPARTMENTS Engineering & Traasportetim
CM/DCM/ACM: Rick Svehle, Deputy Cky Master
SUBJE4T
An Ordinance of the City of Denton, Texas abandoning and vacating prescriptive street right-of- !
way easements to the portion of Dian and Trinity Roada located in the Lakeview Ranch
Addition, Phase I; providing for the reversion of the fee in said land; and declaring an effective
date.
BACKGROUND
These two partial road abandonments are being timed to coincide the Final Plat of Lakeview
Ramb, Phase 1. Proposed alternate road alignments have been endorsed by City staff and will
take effect upon anticipated Planning & Zoning approval of the Lakeview Ranch, Phase 1 plat,
slated for the P&Z meeting of February 23, 1998.
PRIOR ACTIONMIEW (Couoci6 Boards. Commissional
The Development Review Committee recommends approval of abandonments
The Planning & Zoning Commission recommends approval of abandonments
FISCAL. INFORMATION
Noce,
D1AY
i Attached.
• Respectfully submitted,
J Iark, hector
a Engmeering Transportation
Prepared by.
Paul Williamson
Right-of-Way Agent
t
r 10 32 X
l
•
i
t
...•n~r nv>~C+WfM9~ 'Mfi4A~rV'M. liMSwR!Y11!{IIq+MWNr'~ir~M~1:F~Ww++s~..wwe•wvn~aMx•~wvw•w!w
LOOP 286 -
r4
LOOP ee
0
y SPRING
AO m s^} VALLEY
ti
n; MAYHIL ROAD
2
Y C
Z_<
fM1 ~
I
N
W
n
c►
~ c
u c
~ o
N
N 74
7, r*i
m
•
TRINITY ROAD
f
2510 32XIC1
, .,x..
+t
to
171 }?rlrln
1 ~ IIKII ~fe•OI iCf .yrj~M
-:Le yi 1
i /rr '1 fY IILI ^ rnN f , i,.C{ ~46~
ft MAI
' f g 11.11''!
! I w ,y _ i' II rr rr- -_tr ,
Or
14 I) r /b
i
,l,a ! i4 9f
' ~ ~ * Y, ~ ~ .y e"J'fi 1'. Niw,eic' M • i ~4p I ,r4.-r w It 1f
. M
i~ I11~1 ;r~ Y.f I
Id
aIy
~•7j7V Qe/ 6 E 1 I
e• f~
a~ J /~l'W + 1 I
~l r(X ~~jy~{~~ i•Z ~7;1j ,aa , S r r Kr~l ~
LAI[
51 _ ___-fV4K 10YftIV 70L IADI-'
s''vf ~ ~gi i~l
A.1, f'r If M
9AIL.e!_ O.
wit.
Ml 21H ,MO yllelK 11141 1
- v w $1 e+Kal1 as
NI R+r$1,6011 y,ulYe l"A leUK FINAL PLAT
OXAiI Or
• ~I l' + rl M It SIKI if w All
LAKEVIEW RANCH
a+,' - 1 IKIn IM III1 IV
r It9 f1Y Y.,.t lf, nu.,rs PHASE I
N. lea 4 ` Ii , (,%IlM ►es II I lli
• ~ ,laflq 1111/M I1 RM
• ` n11c1 " ` '1 k~ ylluYt uYl, S,1lA1CD IN iNI
! yr qtl SH,Y „1 1
'7 '1 111` `~yV y ' ow ellw MAL 104 WR(W iCMRI Si SURVEY, ABSTRACT NO. 41}
151 LOIS. M. tl ACRES
• ~r lkC' \Z . = 0111v or DENTON
JY~ C ti PINION COUNTY011M
+ ` ~ ITT LKa{~nF~U1~90t~( ~
' 1 y n{/ P eKn1 +Y1. AM W MI{ IVI1AN l r.Y ~M wa
1 ~ ~ ~r ~ MOIUI+lL li IRK Sre W. nM1IMMl roi f
ytpt of pl HI 11q 117-»l+
JANUARY, loge
tf1r11 KIII Orl SN(Cf I Of I
L 1Dr01lC ! an tV Irma a Jeri. 1
2 5 x ~a 32X
t
ilgl/q ,
n+aae1 ,
•
1,110 LM
K lT, SEC. 4r111 M k ,In
-or I i 25r" ~ p ,I' Y41 rpP
I ~.R I'~II iL tr ! ~~tiy.~ltit~~65 I r
-1-1 I .M,~ ~ ~■n wu
Y, 1 66 on P
3e 9e. 1
1 [It - 2-rt'>I~ s _ 19 .J1 + b«mfffM„. JJ , rrr~~
Ilk
flu
w 19 ri ,na /r ~t 24 .C ~r ~11 1 4G\ mr, nni,'Aonl.._
f •1 I.5 i~~. .6 to of rt tl Yau.n■ It M
FN / t rl~S 1i11 Rf tY if:4Pr fI It.
Y
r+: L~ar. kyy... ..■..._rr_, r. ^.lf ~`,fi - ' i et at t■ ff11 MIV etl fL o tf■It
^^•t,r,trRi Aa Al A.le l / j Rlleftt111 M tIH s 11,114111
-.r.• ry... .V '.r1'-
i rrrJj~ MOt dY•(M. ri
M1 1 i f A I e l I KM~. -IIyR WR ail ` li 1 NA ALL frill 904 bhtlM tX%
g ~p ~r 12 IS I H /-■~1r1„ wryw . I ~ylita to" o, I Rh
I or isa141 ir~jrwb`I ~
' IRlfl PM■■IM ■ear.
't"I~~".,:'/ i_.. _.......~I~ ■nNnf w1.1.u.rler.ol
fi[In If R~II
%,r,'.~...._ . ~ MrfYf■~ I I. II OrW CA
III , r ~ V YI Itl t >t.
1
FINAL PLAY,
I
r of AJOIrv 111.40 1,r1 ~tI j ! LAKEVIEW RANCH
II i PHA!! 1
i SITUAI(O IN toll
1 s10NIAi2 fpRNlst SUNY[T, AIsluct w. 111
Ist LOT1, !pots AIMS
cu 401
. r;ul4nrf 104
CITY OF OINTON
h _ r~.■RU Cn:wtiii
HY Rn
. _ ~ OtMTON COUNiYrTtNAN
ptrill so NOVI 09
*1,~ M tstlt JANUAer, Isis ioltlt ! 01 1
r oralecte mo n enc p e
a
x l d 32X
r
moo" WI
0
~rs~cscs~
EXCERPTED DRAFT MINUTCS
PLANNING AND ZONING COMMISSION
February I I, 1998
M
The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was
held on Wednesday, February 11, 1998, at 5:30 p.m. in the City Council Chambers R1 City
Hall, 215 E. McKinney:
Members Present; Elizabeth Gourdie, Bob Powell, Ellen Schertz, Rudy Moreno and
Jim Engelbrecht
Members Absent: Susan Apple and Carol Ann Ganzer
Present from Staff Jerry Clark, Director of Engineering and Transportation;
Mark Donaldson, Assistant Director of Planning
ITEMS FOR IND]VIDUA,L CONSIDERATION
7. Consider abandonment and closure or a portion of Blagg Road as it affects Lots S
and 6, Block 9, Lakeview Ranch Addition, Phase I, and consider abandonment and
closure of a portion of Trinity Road as it affects Lots 6 and 18, Block 8; and Lots 23
and 24, Block 9, Lakeview Ranch Addition, Phase I.
Chairperson Schertz: Good evening and welcome back. We'll begin this evening's agenda with
item number 7-and that is, consider abandonment and closure of a portion of Blagg Road as it
affects Lots 5 and 6, Block 9, Lakeview Ranch Addition, Phase 1, and consider abandonment and
closure of a portion of Trinity Road as it affects Lots 6 and 18, Block 8; and Lots 23 and 24,
Bl kk 9. Lakeview Ranch Addition, Phase 1. This evening. Sir. Clark will be giving us the
details. Thank you.
Mr. Jerry Clr,rk presented the staff report.
Mr. Clark; Madam Chair and members of the Commission, what a would like to do is talk to
you about r realignment of some roads. This Is the plat you previously, I think, looked at was
RanchwoW DcLago-and now it's called Ranch%lew Ranch. And Lakeview Boulevard is the
major road you see coming right through here. what we really feel that is going to happen with
that roadway is that it will replace-as you see, it's coming all the way down to McKinney Street
and past, and eventually it will go all the way to 1.35. It's being put in on a smaller scale through
this development, but additional right-of-way is being provided. One of the Issues that you have ,
with this is you have some existing homes. Ibis is owned by the Corps of Engineers, a good
share of this, as part of the Lake Lewisville right-nf-way or properly. What we're trying to do is •
address comments made back all the way to the Lakeview Boulevard zotdng cases back with
Lakeview and Southview where the people that live on these roads don't want major amounts of
traffic leaking off and going down through their neighborhood. What this isl we've worked
with the developer to try to disconnect Blagg Road. which Is located right here. I lere le U.S. 380
S
- ? x 10 32XIO
«.er<s
I
Planning and Zoning Commission Minutes
February 11, 1998
Page 2 of 4
up here, and we have Mills here. We have McKinney here, and this is the existing Trinity Road
as it comes up through here. So basically, what we're going to try to do is disconnect Trinity r
Road right here. You'll have a cul-de-sac there and we Lakeview, we'll be replacing that. What
we'll try to do Is disconnect Blagg Road so that these residences and these up here won't have all
that traffic leaking down to them. This will basically stop at Lakeview. These people can still
get up to 380, but they won't be cutting down through these neighborhoods and routing lots of
short-cutters and out of the way trips as a result of this development. One thing also to
remember is that with only 300 lots here, you don't have !arge traffic generations either. So,
back when it was Lakeview, you were talking about tens of thousands of trips. Ilere, you're
talking about possibly two or three thousand trips. So, it's a major difference, but these are the
two areas. This is where Trinity would be disconnected, and this is where Blagg would be
disconnected. This is moving kind of fast. The development was kind of idle for a while, and
now they're ready to get going-platting and building--and so we're kind of moving kind of
quickly. These three residences were not notified, but they will be notified prior to the Council
meeting. So, if that's an issue, I guess you need to let us know; but I wanted to let you know that
up front-and that is due to the speed at which this is moving.
Chairperson Scheriz: Ail right. Thank you. I believe we have a question. Commissioner
Fngelbrecht,please.
Mr. Fngelbrecht; How is the timing of the closure of these two streets going to work with the
construction and opening of Lakeview Boulevard, or whatever we're calling it now?
Mr. Clark: We would work out a construction sequence so that once Lakeview Is in place and
could be used, then we would close-we would actually remove part of the road. This would be
a cul-de-sac that would be constructed by the developer, and so it would be part of their public
improvements. The same thing here-this would come to a cul-de-sac, and then we would
actually remove this section of the road.
Mr. FngelbrechL Okay. But Lakeview Boulevard would have to be in place first.,.
i Mr. Clark: Yes.
i Mr. Engelbrecht: before that occurs.
Mr. Clark; Yes.
Sir. Fngelbre0t: Okay. Thank you.
6,0 Chairperson Schertz: Commimioner Oourdie,
X.jJ Ms. Oourdie: What happens to the land that looks like it is going through people's houses.
'i What happens to that land on the closed road? On the bottom half, the long,., y
6
25 x I Q 3200
' s
Planning and Zoning Commission Minutes
Pebwary 11, 1999
Page 3 of 4
Mr. Clark, Okay, You're talking about these going through lots?
Y
Ms. Gourdie: Well, actually the other ones - the bottom ones.
Mr. Clark: This one down here?
Nis. Gourdie: Right, it looks like-from my-it looks like there are houses right up against each
side of the road. Is that correct?
Mr. Clarks You're talking about up here? On the east side here? Those will-that land will be
abandoned back Into the lots that are being developed. You know, these are all brand new lots.
Nis. Oourdie: Okay.
Mr. Clark: So that land would be abandoned out and be distributed into the adjacent lots.
Ms. Gourdie: All right. 'Vial's what my picture is showing-the way it plats.
Mr. Clark: Tell me what page you're looking on.
Ms. Gourdie: I'm looking at page 42.
Mr. Clark: Okay, Yes, that's showing the proposed new plat.
Ms. Gourdle: All right. Thank you.
Chairperson Schertz: Sir. Donaldson.
Mr. Donaldson; The Planning and Zoning Commission will be seeing that final plat at your next
meeting. So, we need to get this abandonment process in place prior to the recording of that final
plat.
Chairperson Schatz: Commissioner Powell.
• Sir. Powell: The concept looks fine to me, but there's nothing here telling us what kind of
motion you're after. 1 don't know how to word the motion. I'd be happy to more "for" if I knew
what l was moving "for"-whether it was a recommendation or tell us how you want this
i worded.
• Mr. Clark: I think you're to recommend. • •
Sir, Donaldson: It's a recommendation.
7
"l5 x 32x ,o
.
Planning and Zoning Commission Minutes
February 11, 1998
Page 4 of 4
Mr. Clark: Yes, a recommendation to City Council who makes the final decision on those. So,
if we could word it basically to recommend that City Council consider as it's worded in the y
number 7. Would that work?
Chairperson Schertz: Yes.
Mr. Powell: Madam Chairman, I would move that we recommend to City Council the proposed
street closure and abandonments In Lakeview Ranch us proposed by staff.
Mr. Engelbrecht: Second.
Chairperson Schema: Thank you. Motion was made by Commisslonet Powell and the second
was by Commissioner Engelbrecht. is there any discussion? Seeing none, I will ask the
Commissioners to please cast their votes. Could 1 ask the Commissioners to please cast their
votes one more time? Thank you. Voting is complete, and I will now display the votes. This
line item 7 passes unanimously.
fr
i
I
I
J
Flinn ImIVMimnevraro:r wsMIrivrt.s•ITIMI."
8
2g x ] 32 X I O
>aa►wr.
0
FROM$ DLNTON city ATTORNEY FAN NO $113027023 $8-$2-69 03143E ►.$2 '
ORDINANCE NO
AN OPLOWANCE OF THE CITY OF DEMON, TEXAS ABANDONINO AND VACATING '
PRESCPIPTWE STREET RIGHT-OF-WAY EASEMbNTS TO THE PORTIONS OF BLAGG
AND TRINITY ROADS LOCATED IN THE LAKEVIEW RANCH ADDMON, PHASE I;
PROVIDING FOR THE REVERSION OF THE FEE IN SAID LAND; AND DECLARING AN
bFFECTIVE DATE
%%14EREAS, a proposed final plat for the Lakeview Ranch Addition designates street
rights-of--way in such addition which will tlthance traffic Claw in this addition and neighboring
subdivisions if prescriptive right-Of•way ceaernents for Biagg and Trinity Roads are vacated and
abandoned; and
WHEREAS, the Abandonment of Blagg Road a it affects Lott S and 6. Block 9 and
Trinity Rood as it affects Lots 6 and 18, Block 4 nd Lou 23 and 24, Block 9 of the propnAed
final plat for Lakeview Ranch Addition, is appropriate since such roadways are not rueful io the
City and not required by public convenience and necessity; and
i
WHEREAS, TEX. LOC. GOWT CODE, SEC. 271.1101 provides that Interests in land
may not be sold or exchanged Cot less than market value w:less the sale or exchange is with
abutting property ownen who own the underlying fee simple; and
WHEREAS, the applicable portions of BUSS and Trinity roads being considered for
abandorunent per the proposed final plat for Lokniew Ranch Addition ate owned by abutting
proWy owners who own the underlying fee simple and the new rights-of-way to be dedicated
to the City of Denton by such addition are required by public convenience and necessity and arc
valued in excess of the right-cf-way for Blagg and Trinity roads; %OW THEREFORE
THE COUNCIL OF THE CITY DENTON HEREBY ORDALNS;
SICTIQN 1. That the prescriptive rights.o`•wey for B1agg Road ea It affects Lots S and
6, block 9, and Trinity Rood as it affects Lots 6 and It. Block 8 and Lots 23 find 24. Block 9 of
the proposed Oral plat for Lakeview Ranch Addition, such rights-of-way bring more particularly
described in Exhibit "A", which is attacbed hereto and made a part hereof for all purposes, ate
abandoned and vacated aspublic %treels,
f $ 1 c VCTI17V II. That by operation of law the City of Denton's property interest in the Woes .
dgbts-nf•wsy herein obandonrd and vacated shall revert to the abutting property owner, whether f
one or more, acid the City of Denton hereby releases all claimis to the sue of the property for
street purposes, upon the Filing of the final plat of the Lakeview Ranch Addition in the Demon
County Plat Records, without the payment of comprnsatlon in comidwation for the addi6xvil
r ghts-of-way to be dedicated to the City of Denton puntunt to such final plat.
1
,,y'
i
9
25 X 10 32 X I O
asrrl.rl
0
a.Aw'Rs
MIA I DENTON CITY ATTORNEY MA NO I /113811113 11.11-It 1$1421 ►./3
SECTMN III. That this otdb"c sha11 become effective it mWstely upon its pelage
and appmvat.
PASSED AND APPROVED this the day of 11998
)ACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By!
APPROVED AS TO LEGAL FORM:
HERBER7 L. PROUTY, CITY ATTORNEY
9Y: 'e
`j-
tN-LbLvC1t 1'I•ndleNa[M Yluf tkKNMn6`QdmYSI/'lfAl~n611nmmt.bl
to
- - f 32x~a
i
7ROMi DINTON CITY , . ~ ,,I
AIIORNIV IAN NO.1 !373077!33 1l-N-N 03 142p A./N
•NLRnIfI? A" f
ALL that certain lot, tract or Nuroei Of load lying and bsiag
Situated in tb+ City and County of Destoa, State of texas in the
x. porrest Sutrvey, Abstract Somber ail and being slam
particularly described as follw os
TRACT 1 - SLAM ROAD
All that portion of the *resariptiv* right-of-wy of BI&W load
as it affect& the entirety of Lots 5 a is block f, Lakeview lasah
Addition, Phase 1.
TRACT Z - TRINITY ROAD
All that parties of the prescriptive right-of-way of Trinity Read
as it affeotO the entirety of Lots 6 i 16, block o ana Lets 11 a
2{, slack f, Lakeview Reach Additiaa, Phase 1.
I
i
I
i
• i
!e{e 1 of 3
J
low Ef
25x 3200
r
Fool DeNTON Carr ATTaNNLr Tnw No.~~s,~b~~~~++~+ +e-e~-e+ a ~+:r r.ea
E XH I BI T I1W~ I iCFDl1FJlIJAMEESIx1
OF TRINITY ROAD
ABANDONMENT
Ex, TRINTY RD _
ABAN94NU 9Y
THIS PLAT
Urtt'4S TuAY of rRmly Ra.
-y. .s.~.~. ,
I I I I I k i t
21 j j 22 1 1 23 ,y I 24 I I 25
• I 1 1 1 1 y l I I
I a' f l 1 1 `T I I I
I f9 I I V I `E I I
STe.L10N YT.,tld RO.e I...
__....:::F
I -_.1 L---- I; j
----I I 1 I - I 7I-
I I I 1 I; ; `
1 1 I I 1I I I I I
I I! I; ~ Y f I I
B I i q I I 5 I` 6 i i ? I I
I i I I I I I V
I I I I G;
I I I I K I I I I
11 I I I; 1 1 I I
---J L---_.S L_---y L~-----I 1-
I I I I I 1; I I
I I I I I i;~ 1 1 I I
11 I i;~ ~ I I I
t
! I } I
I ~I 20 1 1 19 i'`~• 18 1 1 17 1 1
r+ 1 1 I I I ;ii - I I I I
~t I I I I f f l ! I
I I I I l l~ I i I
i fie, 9 r.- - ....r~.
Tate 2 of 3
i
!2
~I I+~, 25 Mo 32X~❑
s
0
FROMS MOON CSTV ATTORNEY FAX ShAlOW 19°F1=' +e-u-b 63142P FJ• '
j~
EXH! B1 T R
OF BLAGG ROAD
ABANDONMENT I
~ 1.iCHI]TE~tQAMf:SON
~f
EX. BLAGG RD~'•
ABANDONED
THIS PLAT
;I
1 1
I x,111_------- _ z
f _YD, yi-ll;~--_.-----------
RA.w.t
r Pip 7 of 1
' J
13
2 xln 3zxla
o
Agenda No-
Item 3r
Agenda
AGENDA INFORMATION SHEET
AGENDA DATE: February 11, 1999
DEPARTMENT: Electric Utility
ACM: Howard Martin, Assistant City Manager/Utilities
SUBJECT
AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES
CONTAINED IN ORDINANCE NO. 97-236 WHICH ADDS AN ENEROYSAVE
PROGRAM SCHEDULE (EP) AND REPEALS AND REPLACES THE APPLIANCE
REBATE SCHEDULE (APR); PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
BACKGROUND j
For the last few years, Denton Municipal Electric Utility (DMEU) has not aggressively
pursued demand side management incentives, although rates exist for such Incentives.
Beginning in 1999, DMEU is forecast to have utilized all its capacity in the Spencer
Plant, TMPA, and the Ray Roberts and Lewisville hydro plents. Therefore, DMEU must
buy additional generation capacity to serve its load. This fact makes it imperative that
DMEU become aggressive In management of its demand, As a result of this issue, staff
has reviewed the existing demand management rates and revised them to reflect modem I
technology and be competitive with similar incentives provided by our competitors.
These revised rates will reduce the capacity requirements of Denton customers In the
futurt, encourage better use of generating capacity during off peak periods, and assist the
Electric marketing Division in their efforts to secure additional subdivision:ervice areas
for DMEU in dual and triple certified areas. Additional distribution facility Ivestment
will produce an increased revenue stream for DMEU in future markets.
The following adjustments and additions to DMEU's incentive rates are proposed:
•
I. Increase the residential design requirements for the air-conditioning equipment rebate
from $00 squart feel per ton to 600 square feet per ton.
2. Increase the Incentive for residences heated by energy efficient heat pumps from $100
to $150,
3. Provide an additional $25 per ton incentive for air-conditioning equipment having a
14 SEER or above. • •
4, Provide an incentive to install heat reclamation devices for $150,
5, Provide a $500 structure Incentive.
1
" , n 32X10
I
per,
w ,
PRIOR ACTION/ REVIEW
The Public Utility Board recommended enactment of the EnergySave Program Schedule
(EP) and repeal of the Appliance Rebate Schedule (APR) at its regular called meeting of
February 2. 1999, (3 - 0).
FISCAL INFOI LOIAT1ON
If the Energy Save Program (EP) is approved, die City of Denton Utilities has been
assured to be selected as the electric service provider for a 218-lot all electric subdivision
Calculations projected over five years on this subdivision alone will net the City of
Denton $598,120. Currently there are over 6,000 other residential lots in varying stages
of development that could be served by the City of Denton.
Net Revenue for 6,000 lots over S yeas • S 7,171,800 (Electric & Gas)
Net Revenue for 6,000 lots over S years 516,462, 020 (Ali Electric)
Respectfully submitted:
I
S ays, 1
Director, Electric Utility
Prepared by,
r
Ken Pritchett
Marketing Specialist
Exhibit I: Rate Ordinance
Exhibit 11: Rate Schedule EP • EnergySave Program
1;<hibit 111: Backup Analysis
Exhibit IV: PUB Minutes Excerpt
• ° Exhibit V: CoServ energy program • 1
i
I
2
7!i 32X
• p
ORDINANCE NO.
AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED IN
ORDINANCE NO. 97-236 WhICH ADDS AN ENERGYSAVE PROGRAM SCHEDULE (EP)
AND REPEALS AND REPLACES TEE APPLIANCE REBATE SCHEDULE (APR);
PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
S~7~L That the Schedule of Rates for electric service as provided for in Chapter
26 of the Code of Ordinances, is amended to add the EnergySa ,e Program Schedule (EP), which
is attached hereto m Exhibit "A" and is incorporated herewith by reference; and to repeal and
replace the Appliance Rebate Schedule (APR),
SECTION H: Thai the Assistant City Manager/Utilities is hereby authorized to expend
finds to issue rebates to qualifying electric utility customers in the fonn and typo set forth in
Schulule EP, as the use of high efficiency air conditioners or heat pumps, as well as certain
structural Incentives to residential builders, is in the best Interest of the City of Denton, as the use `
of same will reduce energy demand and consumption, thereby saving Denton Municipal Electric
Utility Customers money on their electric utility bills, while at the same time reducing the peak
load of the City's electric system, which are public purposes of the City.
UCTION III: That all ordinances or parts of ordinances in force when the provisions of I
this ordinance became effective which are inconsistent or In conflict with the terms or provisions
contained in Schedule EP hereby cnacted by this ordinance, are hereby repealed to the extent of
any such conflict.
SECTION IV: That if any section, subsection, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereof to any person or circumstances Is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
} portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it
• would have enacted such remaining portions despite any such invalidity,
SECTION V_ That the Schedule of Rate herein adopted shall be effective, charged and
applied to all energy usage occurring on or after February 18, 1998; and a copy of said rates shall
be maintained on file in the Office of the City Secretary,
PASSED AND APPROVED this the day of 1998,
JACK MILLER, MAYOR /
3
10 32 x I❑
I
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BYr,
I
I
i
4
S Wow DacunenuW dMrKMt9f EneyyS~w he{++n Chdinuket da
10 32x10
1
III
SCNEDVLR EP
Zperaveava Proaram 1
(Effective 02-18-98)
j lication/Program Summary
The City of Denton Utility Department is offering cash
payments to customers who purchase and install high
efficiency air conditioners or heat pumps for new
residential, existing residential or commercial facilities.
This program, called "EnergySave", will provide structure
incentives to residential builders for meeting specific City
of Denton structure requirements. Satisfying these
construction requirements will improve a residential
structure's operating efficiency. Apartments and multiple
unit residential structures will qualify if they meet the
EnergySave Program Guidelines,
The EnergySave Program's objectives are to reduce energy
demand and consumption, thereby saving Denton Municipal
Electric Utility (DMUE) customer's dollars on their utility
bills, reducing the peak load of the City of Denton's
electric system and promote energy efficient heating.
program Guidelines
1. Qualification Guidelines for Equipment
A. All installations must be for accounts served by the
City of Denton Utility Department and must meet all
applicable national, local, and manufacturers' codes
and specifications.
B. To qualify for equipment incentive, equipment must
be new when installed,
0. All equipment must he purchased, No leased or ti
lease/purchased equ>pment will qualify for a cash
• rebate. • •
D. installations must be made by licensed contractors
and/or dealers,
E. No rebate will be paid on a partial replacement of
S
-2 fs : 0 32 x I C]
rw-
air
o
,WSO,
an air conditioner. The compressor, condenser and
the evaporator coil must be replaced to qualify for
a rebate. Payments for residential central cooling
systems, which include apartments and mobile homes, »
will be limited to a capacity based on a minimum of
bob conditioned square feet per ton.
F. The conditioned area in square feet is required
on each residential central system request for
payment. Any variance must be authorized on an
individual basis and approved by the City of Denton
Electric Utilities Marketing Division.
H. Incentives for new and retrofit equipment will be
contributed to a purchaser or authorized home
builder for qualifying equipment. Incentives will
be paid upon verification of compliance with program
guidelines.
i ~
1. Requests for payment must be received by the ~I
Director of Electric Utilities within 60 days of
installation.
J. Equipment and installation are subject to inspection
by the City's Building Inspection Department before 1
final approval for payment is issued.
K. The EnergySave Program guidelines and payments are
subject to change without notice.
L. The EnergySave Program may be discontinued without
prior notice at any time by the City of Denton.
4 I1. Qualification Guide Iinea for Structure Incentive
A. A residential structure incentive is offered to a
builder, developer or authorized agent after the
following qualifications are met.
1. Builder, developer or authorized agent must `
be enrolled in the City of Denton EnergySave Program
(EnergySave).
2. Builder must install a 1.5 ton or above
central air conditioner or heat pump having a
6
2.5x 32XIO
s
• o
minimum efficiency rating of 12 SEER.
3. Gas furnaces must be 90t efficient when
coupled with conventional air-conditioner/gas
furnace systems.
4. install minimum of R13 wall insulation
5. Install minimum of R30 ceiling insulation
6. Ninety percent of the total square footage of
exterior glass must be double-glazed (double
pane).
7. Seal and weather-strip exterior doors and
windows. Includes caulking exterior toe
plates and wiring/plumbing penetrations
through the structure's exterior walls and
ceiling.
8. Fireplaces or wood burning stoves must be
vented in a manner that allows outside air to
access the firebox.
B. Structure incentive for new homebuilders must also
comply with the respective restrictions set forth
in Guidelines for equipment Qualification
I. GENERAL PROCEDURES
A. Application
1. Equipment-
An application for equipment incentive must be
completed and sent to the Director of Electric
Utilities within 60 days of installation of new
or replacement equipment. Participating
dealers have application forms and will
complete these forms for the purchaser. It is
the purchasers responsibility to see that the
dealer completes the form and submits it to the
Director of Electric Utilities.
2. Structure incentive-
To qualify for residential structure incentives,
1
r
a builder/developer or authorized agent must be
registered as an authorized City of Denton
EnergySave Authorized Builder. To become a
recognized EnergySave builder, applicant must
complete and submit a City of Denton EnergySave
Builder Application form to the Director of
Utilities. Applicant must also meet the
requirements listed in the EnergySave Final
Audit form listing the described construction
requirements.
B. Inspections
Installations of central air-conditioning systems
will be inspected by the City's Building Inspection
Department and must be approved before rebates will
be processed.
New structures will be randomly audited to insure
adherence to the required energy efficient
construction specifications. 1
C. Payments to Participants r
1, Equipment Retrofit (Existing residences)
i
Cash payments will be made to the purchaser of
the qualifying replacement equipment.
Participating retail equipment dealers will
receive a cash payment of $20 per unit for the
sale of window unite, central air conditioning
systems, or heat pumps to offset their coat for
properly filling out the applications for
purchasers of retrofit equipment.
2. New equipment and structure incentive
Program participants are responsible for
submitting the correct information. The Utility
Department will not issue any additional payment
unless the payment was incorrect due to a
• mistake in processing by a City employee. The
twenty dollar ($20.00) payments to dealers will
be made only if they supply the qualifying
equipment to the customer or builder who is
paying for the installation of the equipment.
Dealers and purchasers may be denied payment for
8
- 75 x 10 32X10
O
5
failure to follow program guidelines such asi +
failing to supply correct square footage or
SEER/EER figures; installing equipment which is
not new; replacing part of a split ayatem; or
failure to fill out rebate forma properly.
Payments will be made to customers who purchase
and install new qualifying equipment. If a
!
tenant purchases and installs qualifying
equipment, the payment is made to the tenant.
if the owner of rental property purchases and
installs qualifying equipment, the payment is
made to the owner. if the purchaser of a mobile
or custom home selects and pays fox a qualifying
unit, the purchaser will receive the rebate.
i
II, CENTRAL ELECTRIC AIR CONDITIONERS AND HEAT PUMPS
A, A new condensing unit with an inside evaporator coil
will qualify if matched, as specified, in the
current issue of the ARI Directory of Certified Air
Conditioners and Air Source Heat Pumps and the unit
meets the minimum ratings as specified in the 1958
EnergySave Program, if the unit is not'in the
current ARI Directory, the manufacturer's latest
data approved for publication will be accepted.
if the unit is not in the current ARI Directory or
data approved for publication, the average of the
high and low SEER/EER Coil only, not including
blower coil, will be accepted as listed in the
current ARI Directory,
a. Computer simulations may be used if ratings are not
listed in the current ARI Directory, provided the
following criteria are mete
1. Systems using mix-matched toile must meet all
established program guidelines to
qualify for a rebate.
2r The computer simulations must be signed,
certified, and dated by a registered profes-
sional engineer and an officer of the company
making the submittal.
9
25 x ❑ 32 x Q
•
o
3. The engineer who certifies a simulation must
attest to the accuracy of the input data, the
validity of the calculation procedure used, and
that the results are in accordance with
Department of Energy approved methodology.
4. A complete set of the input data and an in-
dication of the source of the data must
accompany the simulated ratings.
5. The simulated ratings must be based on the
condensing unit's tent e combination as listed
in the current ARS Directory or latest data
approved for publication and identified by the
correct modal numbers of
both the condensing unit and coil as listed
in the current ARI Directory.
6. Simulated ratings must riot exceed 1M of the
SEER rating of the tested system used as a
base. '
7. An open file of computer simulations will be
maintained at the Energy Management office.
Supplying erroneous ratings or data can lead to
disqualification of those involved from further
program participation.
C. Program Capacity and Payment Formula
1. The maximum allowable BTU per hour capacity
eligible for a residential rebate is determined
r by dividing the square footage of the air-
conditioned area by 600 and multiplying by
52,000.
I
Examplei The Program Capacity for an 1,800 square foot
house isi
1.800 • 3.0 x 12,000 r 36,000 BTUH
r 600
The City will pay a rebate on a unit that meets
program efficiency standards and is sited at
36,000 BTUH or less.
10
_ 25AIO 32XIo
MIFF
i
2. Actual payment will be determined by dividing
the BTUH of the installed unit (up to, and
including the Program capacity) by 12,000 and
multiplying by the incentive. +
The incentive amounts and SEER ratings are refer-
enced of the "1999 EnergySave Programs Methods
Used in Determining Equipment Efficiency and
Eligibility," and are incorporated herein as if
fully set forth at lengths
Example As A person in a 20100 square foot house
installs a 42,000 STUH central air conditioner with an
SEER rating of 12.0.
2.10a 3.5 x 12,000 ■ 420000 Program Capacity
600
42.000 3.5 x $100/ton ■ $350.00 Incentive
12,aao
Example Bs A person in a 2,400 square foot house
installs a 60,000 BTUH central air conditioner with a
SEER rating of 12.0.
i
2.400 4 x 12,000 ■ 46,000 Program Capacity
600
40,000 . 4 x $100/.vn ■ $400 Incentive
12,000
Example Cs A person in a 2,400 square foot house installs
a 600000 STUN central heat pump with a SEER rating of
• 12.0.
2.900 . 4 x 12,000 ■ 48,000 Program Capacity
600 ,
4.8.000 4 x $150/ton + $600 Incentive
12,000 •
.y
1t
- ',x~❑ 32XIO
r.arw
•
1
Minimum
SEER/EER
Central Air Conditioning Rarinsd Incentive
Single Phase (SEER) 12.0 $100 / ton*1
Three Phase (EER) 12.0 $100 / ton
Single Phase (SEER) 14.0 $125 / ton
Three Phase (EER) 14.0 $125 / ton
Central Heat Pumo9l
Single Phase (SEER) 12.0 $150 / ton
Three Phase (EER) 12,0 $150 / ton
Single Phase (SEER) 14.0 $175 / ton
Three Phase LEER) 14.0 $175 / ton
Room Air Conditioners 10.0 $ 50 / unit
Room Heat-Pump s 10.0 $ 50 / unit f
i
Geothermal Heat Pumps 12,0 $500 / unit
Deauoer eater
(waste heat reclamation device) $150 / unit
Refer to "1998 Energy8ave Programi Methods Used in
Determining Equipment Efficiency and Eligibility"
Y' pp ,
r r t For calculation purposes, one ton equals 12,000 BTUH
i
Ile
~z
25 K 32XI
b
t 0
Marketing Proposals
Introduction
Imminent deregulation and resulting changes in the electric utilities are presenting Denton
Electric Utilities with two options. Will we want to sell KWh or ultimately become only a
provider of distribution facilities? In either case, we as a utility will need additional toots
to compete with other utilities and to promote our system by marketing to the developers.
The question of our staying In the generation business has a direct effect on our marketing
strategies.
Should we stay in the generation business, it would be in our interest to accrue maximum
revenue while taking measures to control KW demand added to the system peak. Should
we gel out of the generation business and become an electric distribution facilities
provider, any marketing efforts must also promote facility expansion and add to
distribution plant.
Current information indicates the beginning of an explosive development trend in our f
service area. Denton Municipal Electric Utilities department is currently developing a
broad-spectrum marketing plan with the intent of improving Denton Electric Utilities'
ability to compete against other electric service providers. A survey of out competitors
indicate that they are providing the following incentives:
• Information supplied by CoServ describing their energy efficiency program is attached
as Exhibit V. Unofficial information gathered indicates CoServ has bottomless pockets
in certain desirable areas.
• TUElectric's present incentive program includes $3004500 Incentives for energy
efficient residential structures. This structure incentive is tiered Into 3 levels. Structure
Incentive is available for all electric and homes having gas furnaces provided the
furnaces are 90% furl-efficient, The equipment efficiency program also pays $300-
WO. Amouets varywith respect to the efficiency of the equipment with 12 SEER as
the minimum efficiency rating. Beat pumps get an additional $50 per ton over air•
conditioning equipment. TUE's program addresses only volume builders and is not
,F available to the individual builder or existing retrofit customer,
The following marketing proposals will increase overall annual revenue generated and also
significantly decreases operating costs by meeting and subscribing to the following goals:
Maximize new market share (new accounts)
• Increase revenue generated by existing and new accounts
• Red>>ce the negative financial impact from losing a large commercial customer
• Decrease the rate of demand being placed on system peak ` •
/ a Minimize customer !light upon deregulation
~II► These efforts will also provide the necessary measures needed to pursue new development
should DMEU elect to cease as an electrical generation (KWh) provider.
13
x I 32 Cl
win=
0
Scenario I
DMEU Remains in the Generation Business
Should DMEU remain in the generation businers, preservation of existing commercial
customers will be or great importance. The following infurmation is total annual revenue
realized by the City of Denton from the electric utility department for the fiscal year of 1997
amounted to S 61,090,700 and was generated by 32,600 accounts. Revenue generated by
residential accounts amounted to $24,567,400 for 40% generated by 27,600 residential
accounts. Most of the remaining Wls of revenue is generated by 3,500 commercial/industrial
accounts reflecting I I% of the total number of accounts.
Note: The disproportio We revenue amount generated by so few commercial customers
causes significant finan, la) exposure from the negative Impact of losing a commercial
account.
Number or CG stamen Revenue Stream
O Ft"dentw v com"mw O*w M Resider oat W Canner edl (3 oC+er
Nil% OS%
4
•aa%
i
Any improvement In residential revenue reduces the percentage of total revenue
contributed by commercial and Industrial sccounts. Therefore, if residential revenues were
Improved, the negative Impact of losing a larger commercial customer is reduced
respectively,
Opportunity
Within the last few months there have been over 6000 residential lots either proposed or
are under development within the City of Denton's electric service area. Imminent
development of these residential subdivisions creates a tremendous opportunity to improve
residential revenue. The City of Denton is currently either serving these additions or Is in a
strategic position to serve the new lots if chosen as the electric service provider, There is
no guarantee the City of Denton wilt be chosen. Additional tools are needed to give
developers incentive to choose the City of Denton as the electric service provider. Gaining
these potential accounts represents a considerable revenue potential. The potential revenue
is more than doubled when coupled with a winter heat marketing program. Herein Is the ~r
City of Denton's opportunity to begin equalizing the residential and commercial revenue
streams. (DMFU Marketing Division has been approached to serve a 200+ all-electric
residential development providing we have an energy efficiency program comparable to
other utility companies.)
{
14
ry
19l
I
4
I
0
n
a1~6111
I
I
I
Basis fur Residential Revenue Calculations and Incentive Considerations
Assuming the City of Denton is chosen as the electric service provider in any or all of the
new additions, typically only the customary base residential load and summer cooling
revenues would be gained. Presently there are no promotional incentives for energy
efficient residential electric heating.
In order to establish a revenue base line for revenue comparisons, an industry standard
"Manual J" heat/load estimate was completed on a typical 1800 sq. fl energy efficierk
residential structure. Calculations Indicate the cooling load to be 29,000 BTU's or 2.4 tons
of air-conditioning equipment needed (723 sq. ft per ton),
Manual J Indicates air-conditioning equipment will run 1600 hours to :aaintain 73 degrees
through summer the Denton area. At 5.076 per KWh, a 12 SEER 2.5 for air-conditioner
generate+ eprox. $300 annual revenue, Note; A 12 SEER heatpump will generate an
additional $350 per year from winter operation, (There are presently no incentives to
promote energy efficient heat pumps over a conventional air-conditioner systems not
Incentives to promote all-electric residences.)
Modern construction techniques have Improved residential efficiencies resulting in typical
residences to need significantly less air-conditioning tonnage. The Manual J calculation
Indicates only 2.4 tons of nir-conditioning Is needed (723 sq. ft per ton) but, present
guidelines for calculating cooling equipment incentive is based on 500 Sq. ft per ton
(1800 sq. ft/500 - 3.6 ton.). The new customer would be entitled to $360 rebate incentive
under present methods of calculation. The cooling equipment rebate Is oversized by l
extra ton. The customer is unnecessarily compensated an additional $120. A larger than
necessary air-conditioning unit also adds to summer peak,
(1800/500-3.6 ton)
3.6 ton X 100 per ton - $360 present method of calculation
2.4 ton X 100 per ton - IM proposed method of calculation
$120 Incentive savings to the City of Denton
s Tools are needed tar
• (A) promote the importance of properly siting residential air-conditioning equipment,
(B) improve the amount contributed to customers installing energy efficient heat pumps,
(C) provide additional incentive for 14+ SEER equipment,
(D) promote all-electric residences, and
r r
(E) encourage energy efficient construction methods.
is
- - ---5 X 32 x d
0
R^tW+!
Proposals providing tools to accommodate A, 8, C, D and E;
(A) Residential design requirements for air-conditioning equipment would be
increased to 600 sq. R per ton in order to reflect current construction practices.
(B) The incentive for residences heated by energy efficient heat pumps would be
increased from $100 to $130.
(C) Provide an additional $25 per ton incentive for air-conditioning equipment
having a 14 SEER or above.
(D) Provide an Incentive to Install heat reclamation devices. (Existing technology
allows for free beating of domestic water from heat being dissipated by the air-
conditioning unit, This device, called a desuperheater, has an installed cost of
$3004500. An Incentive of SI50 to Install these devices would promote all-
electric residences and provide other benefits for the City of Denton and the
customer.
(E) Provide a $500 structure incentive that provides construction guidelines resulting
in improved residential operating efficiencies.
Cost for proposals,
Cost for these proposals are immediately cash flow positive or payback schedule Is less
than one year.
(A) No costs are attributable to this item, Conversely, this proposal will result In
improved air-conditioning equipment slung thereby reducing costs to the city.
(13) 'this item is immediately cash flow positive.
A 10 SEER 1 ton air-conditioner - I KW, A 12 SEER is 2043 more efficient than
a 10 SEER. (Seasonal energy efficiency ratios are linear.)
Installation of a 12 SEER 2.3 ton in lieu of a 10 SEER 23•ton saves ,S KW from peak
summer demand, (20% eff. Imp. X 23 KW -,3KW saved).
• Existing Incentive for a 12 SEER 2.5 ton unit is $230.
(S I00 Incentive per ton X 2.3 tons - $250)
Realized savings from the improvement in demand side management - $273
(3530 demand charge X .$KW saved - $213).
33KW saved from peak demand $273
•
J)io Cost of incentive contributed W • •
Net saving from efficiency Improvement = S 25 Ile
16
i
a
The additional $50 per ton incentive for heat pumps promotion would be negligible
considering the additional $350 from winter heating. 1
(2.5 ton X $50 additional incentive - S 125) j
Additional revenue generated by hp $350
Additional incentive for heat pump W
Net revenue gain (first year) $225
(C) The additional $25 per ton for 14 SEER unit is off set by reducing the peak by 1 KW.
10 SEER 1 ton air-conditioning -1 KW. 14 SEER Is 401/1 more efficient than 10 SEER.
installation of a 2.5 ton 14 SEER In lieu of a 10 SEER 2.5 ton saves i KW
from peak summer demand, (40%efE imp. X 2,5 KW -1 KW)
incentive for a 14 SEER 2.5 ton unit - $312,50.
($125 incentive per ton X 2.5 tons a $312.50)
Realized savings from the improvement in demand side management - $550
($550 demand charge X 1 KW saved - $550).
1 KW saved from peak demand $550.00
Cost of incentive 312,50
Net saving $237.50
(D) Domestic water heating by electricity (in milder months) would generate
approximately S 150 additional annual revenue per customer, The proposed S1 SO
Incentive to market desuperheaters would be immediately offset by the additional
$I SO added revenue.
Additional revenue $150
Desuperheater incentive
Net first year S 0
(E) The proposed $500 structure incentive Is offset by improvement in demand side
management, As much as 1 KW Mll be saved from peak demand, depending on
the site of structure.
1 KW saved from peak demand W0.00
Cost of incentive ~QQ,QQ
i" • •
Net saving S 50.00
17
25n 0
i
f ,
ti ios
Benefits from achieving gouty
The first basic goal." blaxim1m new market share (new accounts) " would be
accomplished, The City of Denton Electric Utilities would be more attractive as the
electric service provider for new developments. There are presently 6 large
subdivisions (1500 of the total 6000 new lots) that have not committed to an electric
service provider, These changes would assist the developers in promotion and sale of
their respective lots thus giving the developer Incentive to request the City of Denton
for electric service resulting in an average of S780 per lot additional revenue.
(Based on $40 base bill X 12months + 5300 summer cooling a $780 annual revenue per
residence)
(5780 X 1500 lots m $ 1,170,000)
Added revenue realized if the City of Denton
provides electric service (no electric heating) a S 1,170,000 annual revenue.
The second goal- "Increase revenue generated by existing and new accounts " would
be accomplished by providing 301/o-501/1 penetration for all electric customers in the
htw subdivisions. (This proposal would also encourage existing customers retrofitting
old air-conditioning equipment to heat pumps,)
Using 301/6 market share for all electric in the proposed 6000 lots would generate an
additional $500 per lot (150 water heating + $350 winter heating). The combined
additional annual revenue (6000 lots X 301/0 X 5500 . S 900,000)
Additional revenue generated with 301/1 all electric - $ 900,000
Goal three. "Reduce the negatlve,Jinanclal impact from losing a large commercial
customer" is achieved concurrently by meeting goals I and 2.
The combination of acquiring the new 1500 lots when coupled with a marketing effort
to promote all-electric homes will result in a combined revenue of 2,070,000.
. Promotion of heat pumps and desupenccalcr for domestic hot water heating will provide
the tools to acquire a 30-SOo/1 market share of all-electric residences in new additions.
Revenue gained from 1$00 new customers (none all-electric) $ 1,170,000
Additional annual revenue benefit from ell-electric ® 301/1 share $ 900
,Q44
Total potential residential annual revenue S 2,070,000 ' •
jv~ Ile,
18
32 x O
ILA:
e
a~anaa. ,
Goal fau• "Decrease the rate of demand being placed on spfem peak would be reflected
by saving an average of 1,5 KW per lot from being added to the system summer demand
peek.
6000 lots X i S KW a 9000 K W avoided from peak demand
9000 KW X $550 demand charge S4,950,
Cost to the City of Denton for
extra generation capacity S4,950,000
Oaal five- "Minimize cwfomerJNght upon deregulation"
Launching a successful marketing program with the associated positive exposure for
the City of Denton Electric utilities will promote and enforce customer loyalty.
(Note: The previous calculations are based on conservative S40 per month base bill
Actual benefits will exceed the above projections. These proposals are either self-
funding or have a pay back of less than one year,)
The City of Denton being chosen as the electric
service provider for the uncommitted 4500 lots:
(780 x 4300 . S 3,510,000)
Base Additional Annual Revenue $3,510,000
Additional revenue from winter heating through
promotion of all electric residences In the planned
developments-6000 lots:
Additional Annual Revenue S 900.08Q
Subtotal of additional sonval revenue
subject to being gained or not realized + l • S494109000/4,410,000
Cost of extra generation for the respective 6000 lots
incurred by the City of Denton if energy efficiency
e proposal measures are not embraced. S 4,950,000
The following page reflects the payback schedule (excluding cost savings attributed to
demand side management).
19
10 32XIq
2 5
A.. l 3!}4 tlOr ISe;` o.n w. ..J. 1
New Housing Development • Analysis
Generation and Distribution SeMoes Provided with
Improved Revenue from Incentives +
100 Homes Year 1 Yea 2 Year 3 Year 4 Year 5
Expenses
:1.400 pw lot $140,000
Inoentlva Expense $25,400
OW eq*rWA + 1500 shdurel • 33 homes}
Annual Revenue (excludes ECA) 175,282 175,252 175,282 175,262 $75,252
Annual Not Cash Flow 191,115 175,262 175,282 175,252 176,282
Cum Net Cash Flow 191,118 $15,83E 159,446 1134,728 1210,010
Cost noowry 2 yrs 3 months
A//umpW*: 1. No system wxhnslons needed to sww the development
2. Rehm cueWnst
3. 900 WM avarspe monthly usapw per home
plus 33 fie nee am all wbctrlc addkV an ad&ona M hwh per
4. Mewl revenue exdWss varl" AW expenas
6. Cne third of customers haw 0 Me&* homes
prepared by: Nancy Towle
Flnandal Meyst
,
I
Hortw_I>tV.xk
20
ANT; - :,lFn z5 Iq 32XIO
aaaaw
..1,....
New Housing Development - Analysis
Generation and Distribution Services Provided
No Incentives
r
I
I
100 Homes Year 1 Yen 2 Yew 3 Year 4 Yen 6
Expenses
$1,400 Per Sot $140,000
Annual Revenue (sxdudea ECA) $63,005 $63,006 $63,006 $63,005 $63,006
Annual Net Cash Flow $16,994 $63,006 $63,006 $63,006 $63,006
Cum Net Cash Flow St5,994 $13,966 349,016 $112,024 $05,030
Cat reoowry 2 yrs 3 months
AsaumpboM: 1. No System extmdons needed to serve the dwelopmwd
2. RoWn aid~
3. 900 KWH average mw" wage per home
4. An" revenw axdudee vaneble fuel aKpeme
prepared by, Nency?owle
rwodal Analyst
i• ,
a
21 Home_Dw,xN
p 10 32XIIJ
aa+ro~
i
memo=
1
I
Scenario It I
DMEU Exits as a Generation Company and
Only Provides Distribution Facilities
The Incentives proposed in Scenario I would also be applicable. As it public service entity,
our obligation to provide economical service to the community Is met while also allowing
DMEU the flexibility to compete with vying utilities for the additional customers.
Developers will be making decisions as to their choice of service provider in the unsecured
service areas. Adoption of the recommcnded proposals add no financial burden but
Improves residential revenue, provides leverage to acquire new customers while
concurrently reducing generation costs.
Time Is a critical factor in vying for service in these new subdMslons. Current
circumstances have made it necessary develop and immediately focus on these residential
marketing proposals.
The following page reflects the payback analysis with no incentives.
a
. i
iJul
r 22
5 x L7 3zxL~
i . 1
r
~ avrrad
New Housing Development - Analysis I
0snerstlon and Distribution Services Provided
No Incentives
I
100 Hanes Year I Yew 2 Year 3 Year 4 Year 6
Expenses 11,400 per lot $140,000
Annual Revenue (exdudes ECA) 163,006 $63,006 063,006 163,000 067,006
Annual Not Cash Flow 076,994 163,006 163,006 163,006 063,006
Con Net Cash Flow 076,994 013,966 149,016 0112,024 1116,030
cost raoov" 2 yn 3 motAhs
AssumptWs: 1. No system endensionx needed to serve the developmwd
2. Retain customw
3. 000 KWH averepe mM* usepe per horns
4. Annual ray" excludes ved" W expose
Prepared by: Nancy Towle
Financial Analyst
s
I
j '
j • I ~ • to
Hortne_Mv.xN
23
( 25 w. Q 32XIO
i
0
Revenue Comparison
i
Gconvsntlonal MC w Gas Host
•All Eiootft w Hat PUMP
O Inefflcisnt A!C W Gas Hat
W0.00 {
$140.00
5120.00
I
SIX00
ev I
$80.00
1
WOO
$40.00
I
I
$20.00
i ~
$0,00 1
Nov Dec Jon Fab March April May June July Auvg Sept Oct Nov Doc Jon Fab March April 1
'I
k~
r
{
• I
I
i
'w, 32X
• r
:yam
0
_ , ~ ...............r.Y...r-.rr.v.w«...,rn.w.rw.wrrwavtMSW wiln. lawM+lMwHIMW.MA~wMP~Wk.Mk!wl.M~iM+4+MKtia~ ~nAr•C M'4+
D/M~ON C%wNrr NL!(t IJNt lfo*AW~ • 1611w40
kof~IMK dMo
AN nbolr ww1 be "001 fjr.a VK Mi WIWA.r by$ 01*6 08040
a
C»01JMCv2f=,41fNt? HIOd612I NAMI Ntl ltRlNt7l UM
ao"Manuww.~.
a l l tail RAW ma WIIAn(AM+~ GAFlA MMb1 N2bar dort 5 0 1
WIIfI.Mtd 90 X00.00 si,e
Ma" 00*u r C0j*w0j
Mo lb(rorwiW nbw A Wind ~y~~ Qv~~ATfONI
12.0 6100.10 :21.10
7+s grw
13.0 SIS0.10 ~'N ~-odlbt'~lWbjIlMaol6- l
14.0+ f100.00 RAW 6M SVA*b • 04% DM 0"6& • Mw*+~wa v"W • 1101
IS Mkilewo 1o 0 ~ yw ' tiokwwaMy
1fn11Ubo1r • lAlnom ! 1r'' nh.
M Mklnlr 4014 Nlbt wr><
Ma6ir Cakrw M Mbbnw Vwly fHarr MOD
ILO .0 W.00 MW an Kw wfw ~A PWIAW
n I 5.0 =1!00.00 341,00 t)w"Md mM/ all 01w oar IOAAIA 1l} em 16 of ft*o. 14.04 f2S0.M "O.Go y1 wMw fwk AIMOvbp nW,#j n V wr o k&ws we
wookk
-iJ I pit 1 mg mu C
r 1U~~uld t" Ro" ~ Mmoshatm
33000 !l1.00 owls per to to mw.bftamwr 1,000 Wwnalf Modebt
• 12. MAO ! IoN otd below 11.0"R Ibldl l4k~
6 b It tons i0 eV 46 fe1, pmo
ii to 204 um 0.0 NK $2 p1. $413.30
~1W1.LI~md ~'lI.DO UPI,
1l71.S1
AdjumM ss»so
1210.00 tJe1tItwwt +w fY'~ s.oa seal
• tW0MT QUALVWAT"l !1 VWWaene4/ MedeMt
Mao •
u MMNwPt~rdeot+~dMtOOhMMicwMtrwMerl• 33 pt 3305.00
1 Do" ft* wMe k 666 l1w 114:14.50
umr
MINE view A#44)0 ' btfw~ N eleeltio Aw WSW iww par" N A* mwkdh"A 04
Awpww
i
e
b
4
t;: 25❑ 32xd
I
• p
........,...-...n,.......:..ry,n:- nmra.am+..P~YaA~'d'YA:':S:k.Mi:+f?'A,%!.',rSM!iR"GkR`~.M,A$~8^.'V°Kh4 ;aAffll7inA:Prr.A:'F,YMYA~kYt'*!x;"4~'^P.p4'. k.,Yn•.A
0 r Dr l~#aet, lir ek e1<Mrrry rl/etu4te wAw ewwd eed erieeriaJ AY D"r
;Al4**d10ANKANOWebiwaA+Wf• Clrrlere RATE SCHEDULE
aoa Will. ;rled pr mwe# IWOO r WW &W it rh• er CAer1e S a,I Sperwea1A
gllJ X10 N pwNe sift Dltarerer IN S 14.31 per naelk
: PaerAAn~Vrirrnerdl~~G'1'er~lr/~ lNV ....x.xNN.x..Ix.
n~eiwarheeAufrietrMir6YellJe►~r~ NIIWattMV..xY..•...N,,..Sil.35pern~rl!
I.tlrsr+,~Nw~
~Irrpwer~tedea W M w ev,M N M~rrl J
i
0•1km41en$0r/AWM*IWstorAr x# 331M1hM NMN.xM•YYxNlx.l fIIIH per seMl
1119"lrbdb 0% Nre~tme er 00111% 11f1 WIN 1116 »N»N4S 31.50 per DNA
'py periei, a►JS Xnl l ~
r C010"r Chirac Role closshcalion and assignmen,
Wood r~ie xM Y•H.uu....... a i.se per nmiA is made by Denfon County Eleclrk
Cps f6cr mrole..............•.S J.15perm n,A
Amlgre rek ....»...x....„,N S "S per ieoo1A in accur►dance with the arollabibty
30 A. Sol, rek.... ..A....NN.. N S 1.n per mood and type of service p/urisions In Its
I ssA.ssl.Petex.»I»....x...,».tj3.A/pere,rw• rate schedules, Raleschedules
have been demigVd/or the
stallaeww«r•htrwler.aRrd~rArewro>rer slandaidtypes oJserWeepmvlded
N C.wernerCherae...IN.N»..s JblperrM~lh bylhnloncowrygledric, If a
ReerpCl►rae...,....».x...Y3 OISJIiperKaA cwlomer'smquesiforelectrle
service involves unusual arcum•
stances, usage, or lowcharaeleris•
• %up uuae 11KA
115 WeN W......1.1......».,.....,,x..x..Y
111 Wet lMy 1. . ........x. lies not regularly encountered by
,,...Y.......,....... Ib1 Kn~
low Wrll Jdy MM.xiHx.x»»u.In...x.ny~l/Kw~ Denton County Sle&ie, a suitable
sou w,n Nts......Y.......»».. ,..xY,,..eo Kn>t role dasrif cotion may be owned
so will llpS N x N.NNN..,N,..»....» .1o Kill or a eclat cahirad may be
e 110o Will K,.A enlemd lira Stedal eomrad:
kb'NWN COUwr BLwrA1C shall be filsd WA dre regulatory
' Metro (Sl7) 410•t 1~3 authority having/urisdictlorll
o
l)erlwn (117') 7S3•>6f l IWO ON A is e1'smk% W bmiRt e//rre ~ ~t~ t~ rWIDt!R1,"
LA* daMes (117) 391•4140 mow, leeA j4JwlMlie lO a A L~ ! ; • ,
eer+ MV WPWI;w . ;
° Wam (000 944.4014 imb on Rev St"
Fa (117) 497.6393
- ~1 2 r 10 32XVI
Now
•
...eeee
0
1
2
3
4
S s
6
7
S PUBLIC UTILMES BOARD DRAFT MINUTES
9 FEBRUARY2,1999
10
1l
12 AOBNDA ITEM 7, CONSIDER APPROVAL OF AN APPLIANCE REBATE RATS CHANOS,
13
14 Shim Maya, Director of Electric, abed the Baud to approve an Appbaeee Rebate Rau cbuige, Me.
is Maya Idommd Bond Membm the change was needed to hr om'e sym m demand Iide maeagetneoI and
16 help Denton Municipal Electric Utility be more competitive witb other urilleiee. Ken Pdtchet4 Mubrdnj
l7 Specialut, was on-hand to answer any Quertiom the Baud migbt have tegudinj the nu change.
16
19 The Public Utilities Baud uoanima+aty voted to approve the appliance rebels rite chmje aRet a motion by
10 Bard Member Bob Coplen and second by Board Member Chaldean Newell.
21
21
23
14
25
26
27
1A
29
30
31
32
33
34
f 1a } ,
1
27
t r~' r
32XIO
Agenda No.
Aponda IN
Data
CITY Of DENTON TEXAS MUNICIPAL BUILDING ~ DENTCN TEXAS 78201 ~ TELEPHONE 8f 7-88•B308
Oft e of tho City Sevviary
MEMORANDUM
DATE: February 9,1998
TO: Mayor W Members of the City Council
FROM: Jennifer Walters, city secretary
SUBJECT: BoaM/Commisslon Appointments
The following Is a list of current BoArd/Commission varanciea/nominations:
Russell Elleven has resigned from the Historical Landmark Comrnlssion, This is a nomination for
Council Member Durrance.
if you require any fwther Information, please let me know.
Je et al u
g Cit ecretar
P ,
ACCWFd
i
al i
I
{
'Uedfeat~d to Quallry Serrk~"
I,
.1 A.
Ix o 32x10
t
i
a
l
Y
}
;,^w.
,
. r A"
s,
i i
j. oune I
n
~ a i.
' ~ ; ,F
i
- ~ .V
i ~ ~
,r.
~ L ' i i
~
~
_ _ ~
a:
i r r
~3 ~ ~ r
i:. ,t ~
` r
c` i _
' P
I
i
i x' I , ~ r i : . ~ i,
t:` 5 F' .I iI'
4
f
' r 1 ~ ~'Cp '
' t ~ u v
i
? ~ 1 ~ t
~ ~ ~ ~ ~
' v
~ ~ i i
, r
r
~r
Y
r r
r r
r a,: r
i S y r 1 `
rr r it
F
:_A 1. l l . f t
J
1
h
t
,
L!
j
1
i
"
T#ru^
3
j r ~
~Y ~9
S
r
W . 1/11
F
1
k ' C!
N 00055'05" E 300.81
{
-Ik
1
IN, 1 t .-.yam...-.- ,
(<f' 4 i. 1 -tow'
r N,I
J
J /
,
t
t 1. 1 IN,
:y
1
C Lary
N=_ill LAND
" 15l.AND • L APING TO hIA?C 1145
40
III 0~ ~
t+
t ~ s a A 1
NEW LAOWA
ISLAND • LANCOW ING
r ' ! i / 1 r ' 1 ~ ~ , Xo MA~ir~t ~YIQtIAI~.. i J ~ .
11 m PUIIII Jill
L - 119195' PART mWILL.IAM5 RETAIL .YAC
N or WAL =MA p l l
r
-try.
4 + \ 1 1 1 all
1 r
`i
~ 1 t t 'v ~ 1
1~
- I-I I
u L.
f f
J
r,
J
L
L
t i i Y ~
a
1
1 - - 1 I
P
L L
E