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Home My WebLink About08-24-1999 CAugust 24,1999 Agenda Packet x r G AGENDA CITY OF DENI'ON CITY COUNCIL 4pmtgtllrtn j August 24, 1999 r)amwbv __..I I Allcr determining that a quorum is present and convening In an open meeting, the City Council will convene in a closed meeting of the City of Denton City Council on Tuesday, August 24, 1999 at 5: 15 p.m. In the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas to consider specific items when these items are listed below under the Closed Meeting section of this agenda, When items for consideration are not listed under the Closed Meeting section of the Agenda the City Council will not conduct it closed meeting at 5:15 p,m, and Hill convene at the tune listed below for its regular or special called meeting. Council reserves the right to adjourn Into a closed meeting on any item on its open meeting agenda consistent with Chapter 551 of the Local Government Code as set forth below, ANV FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOVT. CODE CIL 551. THE CITY COUNCIL RESERVES TIIE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTIIORIPEb BY TEX. GOVT. CODE SEC. 551,001, ET SEQ. (FEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF TIIE: CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551.071.551.085 OF '1111' OPEN MEETINGS ACT. Work Session of the City of Denton City Council on Tuesday, August 24, 1999 kit 6:00 p,m. in the Council Work Session Room in City Hat), 215 Li. McKinney Street, lemon, Texas at which the follo Aing items will be considered: 1. Receive a report, hold a discussion, and give staff direction regarding the Draft 1 Comprehensive Plan Comments Summary and the droll Schools chapter, 2. Recchc a report, Fold a discussion, and give staff direction regarding the planning efforts I for; a. T he D or Nntoun University Core District b. 'The Southeast Denton Area 3. Receive a report and hold a discussion concerning the status of activities related to bulky items. y 4. Receive a report and hold a discussion on the Lake Ray Roberts Water Treatment Plant cost update and 10-mgd versus 20-mgd plant construction. 5. Receive a report, hold a discussion, and give staff direction regarding the 19992000 operating budget and the 2000.2004 Capital Improvement Program. 6. New Business This item provides a section for Cout.cil Members to suggest items for future agendas. f Following the completion of the Work Session, the Council will convene int;i a Special Called Meeting to consider the following; . a~ t, I u M i City of Denton City Council Agenda August 24, 1999 Page 2 4 1. Consider making appointments to the Code Committee, which Is an ad hoc committee to be assembled for the purposes of participating In the City of Denton Development Code Rewrite process. 2. Consider nominationVappointments to the City's Boards and Commissions, 3. Consider adoption o' tan ordinance authorizing the City Manager to enter into separate professional services agreements with Diversified Utility Consultants, Inc, to perform audits and franchise reviews of TXL Electric and Gas and CoServ Gas Company, authorizing the expenditure of funds therefor. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1999 at o'clock (a.m,xp.m.). CITY SECRETARY NOTE.TIIE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WI I'll THE AMERICANS WI1EI DISABILITIES ACT, THE CITY WILL PROVIDE SIGN LANGUAGE INT!.RPRET ERS FOR THE HEARING IMPAIRLD IF REQUESTED AT LL•AS'F 48 HOURS TN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1800- RFLAY•TX SO THAT A SIGN LANGUAGE INTEPPRETER CAN BE SCHEDULED THROUGH 711E CITY SECRETARY'S OFFICE. 1 I l l s Apt No._ AGENDA INFORMATION SIIEF:T AGENDA DATES August 24`x, 1999 ` DF.PARTMENTs Planning & Development De arlment Il 01/1)OVACM: Dave I lill, 349.831 SF BJECT Receive a report, hold a discussion, and glve staff direct!on regarding the Draft Comprehensive Plan Comments Summary and the draft Schools chapter. NACKGROUND Six public meetings and an all-day workshop were hold between July 2e and August 14'h, 1999, to facilitate public review and comment for the draft Comprehensive Plan. The August 24'h City Council workshop has been scheduled to allow Council members to review the comment summaries that are attached as Exhibits A and 11. In addition, a draft "Schools' chapter is attached as Exhibit C. The Schools chapter was prepared In collaboration betwren city and schcal district staff, and is now available to replace the earlier incomplete version that currently resides in the draft plan, should Council Instruct staff to do so. Qrros1110 As was expected, the debate regarding residential density issues dominated discuss.ons at the public meetings and the all-day workshop, Responses -acre varied, and covered the wi.ole spectrum of opinions. A majority of the atlendces spoke against the slightly higher densities recommended for single family home development, and against the higher multi-family densities, particularly with regard to the range recommended for the regional activity centers, The sentiment expressed by many was to require lower densities while at the same time requiring a full array amenities such as open 1 space, trails, Ikwdplain dedication, compliance with design standards, and other elements. This concept was evident when comments were made opposing "gross" density In favor of "net" density as a measure of units per acre. A few pcop!e indicated that lhnion citizens want "urban sprawl", and challenged oafl"s assessment that sprawl will continue to raise the cost of city services and threattn cnvironmcnul quality. Some people want no growth at all, and want to make development requirements so onerous that no construction can oceut, On the other hand, sime comments were received indlcsting that if quality development could be ensured, slightly higher densities could be k considered. I Other i sues debated by several of those wLo attended draft plan review meetings included; 4 01 he recommendation for narrower streets where warranted by lower traffic volumes was met O"` r with mixed response, The idea of safer traffic speeds and more aesthetically Ileasing strectscapes was supported, but not if curbside parking caused congestion or large vehicles such as fire trucks experienced access problems. I t. I (l 0 Several people did not support the use of alleys. Those that objected to alleys felt that tics ► ` service lanes are visually unpleasant and subjec, to potential criminal behavior, 0 Manufactured housing was discussed Lit several meetings. Many felt that they did not like manufactured homes, but some fch that with proper site design standards and better construction quality, some areas could accommodate this type of residential development, Those that spoke in favor of manufactured housing cited affordable housing as a reason for such consideration. Others stated that if manufactured housing isn't allowed in the city, it will simply be located in the EW without any zoning regulations governing quality. 0 A frequent workshop comment was the complaint that affordable housing was cmphasiced too much In the draft plan. Some felt that the statement that "Many people who work in Denton cannot afford to buy a home in Denton, and are thus forced to live elsewhere;" found on page 41 of the draft plan, was improper, and that many people choose to live outside of Denton of their own free will. 0 Some of the review comments opposed the acquisition of density transfer options identified as tools for Iloodplain preservation, preferring instead outright dedication by the developer. Staff is not comfortable advising Council that dedication will prove to be effective as a singular use tool, and that removing acquisition or density transfer, the level of floodplain preservation will not be as high as rccommendcd in the draft plan. 0 When the issue of development incentives was discussed, the response to tax abatements was negative, Sevcral people indicated that other forms of incentives might be worthy of consideration, but not without knowing exactly what those Incentives ntlght be. Some wanted no incentives whatsoever, Support Despite acknowledging that several Issues remain unresolved after hearing public comments on the draft plan, start' feels that over 9016 of the plan wo, well received. some of the items that were supported by meeting and workshop attendees included: T The organisational framework Indicated on the draft land use plan was generally well received, Only one comment was made to rtdure the size of the Downtown ! University Core Distrid. (Z 'the Fnvironmcntal Management chtpler was well received, with the exception that the recommendation calling for "higher densities in order to preserve, protect and enhance important natural features and habitats" was opposed, a The Urban Design chapter was well received. Many people continued to support recommendations for design standards regardless of type of land use, 11 he Utilities chapters were supported without a lot of comment. m T'he Transportation chapter was generally well receiv?d once people understood that the j recommendations call for grrdual movement toward consideration of pedestrian, bicycle, rr . and transit s} stems. Many supported the city's participation in a regional transit system. # ri, * The "Edge" chapter was supported. Many meeting attendees didn't show strong interest in the topic until discussion centered on managed growth through ttse of zoning regulations. Staff feels that issues related to PTJ authority, annexation, and CCN service area protection are not well understood by the public, except that a majority of people want to make sure 2 C, I Ilk that developers pay for utility extensions to their property. Many expressed support fir a differential impact fee system design to encourage growth indde the city rather than In the ETJ. T Many people were pleased with the public meeting and review process, and complemented staff for the manner In which the ability to make comments was facilitated, and were encouraged that the city Is making a strong effort to plwt for itself. 9P Tj 1. Edit the school cha,,)lcr or other portions of the draft plan. 2, Instruct staff to continue with the public hearings, adding the school chapter as a draft plan addendum. 3. Postpone the public hearing process to reevaluate the draft plan. RFCOMMENDATIO]y Staff recommends that school chapter be added as an addendum to the draft comprehensive pirn, and that City Council wait to hear additional public hearing comments and receive the P&Z recommendation before Instructing staff to make final revisions. ESTIMATED PROJECT SCNF:I)ULE August 25'h First P&Z Public Hearing ScptemK,r 7'h First City Council Public Ilcaring September 8`h Second P&1. Public Hearing & Recommendation to Council September 10 City Council Revisions Work Session September 21" Second City Council Public I Tearing & Possible Adoption QHIOH ACUONIREVIF:14' ! j Major steps in the Denton Plan process thus far: April 1998 Planning Policies adopted by City Council December 1998 Mobilily Plan - Roadway Component adopted by City Council January 1999 Growth Managemot,t Strategy and Plan adopted by City Council FISCAL INFORMATIO The draft plan is being produced without the assistance of oalside con4ultanis, th:ough existing staff t Jf \ resources. J 4 u i ATTACHMENTS Exhibit A: Public Meetings Comment Summary Exhibit M Workshop Comment Summary Exhibit C, Draft Schools Chapter i Respectfully submitted: e }{ill Assistant City Manager, Development Services Analhme.its prepared by: Nancy McBeth, Comprehensive Planning Manager Todd Partin, DISD Planning Director (Draft Schools Chapter) Stephen CaQ, Comprehensive Planner I F I I 4 I c1 I City of Denton Dram Comprehensive Plan PUBLIC MEETINGS COMMENT SUMMARY i F Prepared by, City of Denton Planning & Development Department Pu611c Meeting Dates: Judy 26", 1999 July 29" 1999 August 1999 August 1999 August 9'h, 1999 August 12'h, 1999 s c I~ i gill Introduction (Comment) The Vision Statement was too long an seems to focus on the University o Non Texas too mare 3 and not mentioning Texas Woman's University enough, A vision statement should be short and to the point. (Comment) 7 he Comprehensive Plan should have regulations rather than guidelines. (Comment) The purpose of she plan should be more concise. (Comment) The plan is a skeleton, the Inundation In which the laws and regulations concerning growth is hung. T'he price of democracy Is vigilance to stand up for Ideals. (Comment) Lou range plans area tool chat developers can white that promotes community standards, "l Grows Grows Management Management and (Comment) Moratod tm an development Other titles seem to be able to accomplish slowing growth. Why can't Land use we do this or make development provide Irifrastntcture? (Comment) The Intensity areas of the 1988 plan should be maintained, PD's allow diversity. (Commtrt) Can master plan development t,. used to promote utility growth? (Comment) Why can't we discourage growth? (Comment) As a ? :dive Tevan, the type ofdevelopment described It. the plan Is "Not Texts", the City should put a moratorium on everything. (Comment) Density doesn't pay for itself, small lot houses don't pay enough taxes. (Comment) There should be re+me research into the cost of educating one child. A muhi•family tax to a single. I'amity tax. (Comment) Higher density growth is a deterrent to sprawl. (Comment) Discouraging growth will lead to exclusivity ofthe population and no longer create diversity, (Email) Higher density ma; be controvtrslal, but I would be strongly in favor of it, as long u the rso(laled trade-offs leave plenty of usable open space and or habitat. (Comment) In Section 4, rage 4 orthe full plan (Entire Drag Comprehensive Plan) It states that there Ism 43 dwelling un its to the acre currently and proposing a 3 to Sp dWac This is too high. Neighborhood Centers (Comment) Doesn't see'quality' In the plan. It does not protect City Identity by removing minimum lot sires. Doe not like neighboahood centers. (Comment) The plan has its heart In the right place, Wslkability and sen Ices should be tied to the neighborhoods. (Comment) Build schools in she center of neighborhoods of residential and not on arterial streets. Make it easy for children to walk to school (Comment) There are trade•o1Ts within neighborhood centers that provide much. Clustered housing around a Common park or green space may be a palatable trade-off These trades need to be clearly defined. (C'onimen) Within new neighborhood centers there is to be transiVcommerclal hubs. These centers should not outgrow the market so that we build "planned vacant" areas. (Comment) Neighborhood Centers are pmblamatic because we already have existing centers of retail with empty buildings In several are j. We cannot change the culture of the car, Businesses arc not successful as corner stores ba(euse they need population to support. (Comment) Single use districts feed the requirement for can (Comment) Neighborhood Centers concept sounds good, however design should make sure it Is easy to consider heat, and other environmental factors in pedestrianism. Downtown Unlverslty Core (Comment) Texas Woman's University Is building heavily around campus which Is putting a strain on the Infrastructure and on parking (Comment) Universities make Denton what it Is University students and employees contribute to the economy even irthey do not pay taxes on university land. (Comment) The Downtown • University Core needs linkages between the two universities and compatible At downtown housing (Comment) Vertical growth should not extend beyond the vertical fire protection capabilities of the fire department. (Comment) the Downtown-University Core actually states that university'sWdent housing should be located there. (Comment) The Downtown " University core area Is good to see Ir e plan, II provides a great opportunity for _ redevelopment, provides area! for more affordable housing and university housing. Improves and 6 ill upl,r1JC, Ihr appcaranCC o! ~truCrurc, U„,uvoan ,InJ prof ides for inf ill JrC clopnuvll. Urowtll l It ,rnnn ell l h S there bCCll any II c,n gal Tan nr rC,ear,h info hoes uniCCr,iu C, J.,i.n wild occomnlod,l(e ,ludenl ,hndrnucnl an`I huu,ine'' the C ih ,I)Ou111 u,C nnil crsth Icwash inln Ihi, iuae amt I ,c t 1 n11nuCJ F Cf,linq %t lithhor m(pils r Inrin It 'uayrat.l billy rt'nnura'nrl KcpuJing rrcVhh,ain,od Crrtrrs. Ih,rc ,lrc ,l,rnc C,i,ling nciphhothuoJ, which could u„' Ili lgllhnlhnn,.l e,lllel ,CI'11a JCCC Up11ICI1 It 1 k 10 nII N'c,hauld coo- i ice 'InccnliCC+" In cnawragC inf1J dcCC!„pmant annmJ c~idirt inli';ntruClurc 1) Ina IU ftcu,nuncnJ .l ta,V, fr.~rCC hct,000n nw (sly. i'%I ,Ind 1111'tchfing Io SILAVI't haglnlllV nerd,. ! bi, 1 "N"11ec w nuid h;nC a nmrJurneJ et7„ll hl loC,nr Innl,me for rtudcnlr that it close to olnlpu., and i. Nk m:I lopiod,lrm h, miniu'i/e noise wild Irallle ilnpael . 1 1(olnnlCnU l hC plailn l is a on,lCllu1 I hC rC,idcn , ConcernCJ dh,.rol l .drlield HUdoll housicp may hr rioCinc fo,,Nxd, ow idC11. 01 Ib, pl m nII lC Ihln they Ihinls (l bnunrnll IP'ill 14 '10 ,lUd Oll halnini Inds his pl In I, LrtJJ nal Inccl nuuh Ili 111V phu's cnkri,l me uJine cnCin+nnunlal pnnvClion. walhahllity. crc. fl ln,ull It shoutJ not he the rCrpan,thilltic, utCCiding nCighTaahoo,h A, a„inlihne 0011 a ,tudrnl d011114olics htlo IhC 11ewJ"'I hood. "'Wk. ,IIUUIJ be ill 1h,' U01lgV nCiglthorhokis rtllljorts of rc,idenlr do nnl 1, ant to Inc sCilhm a,ludCit hnlr,inE neigbN IIli )J lilt nhCiou, rra am s. hlJIM, 101 It enrcr, J It llullCnl V fail Cenling Indamriaf Inc, ,Lly undel Ills WillTonle /oiled land lim'M ha, a III o,' rCi f Il lmtnlrnU N III iudu,ul•d grnu ill 101% it he CnlanltdOil' Nhdt i, Ill C proj"led do, lridl groCNh (Jar, the pLul do il'I hr flan slicIJd Plole,l III, Wll'L11 crlnl'h keginnal >livrd I Ve Cunrcrs I110nn oi(1 li,ln w,d \Idrt. 1,111L Jr,nC liom ,nr,Ill ho,inr,+Cn and uC,de car u,a.c ((1,IUnlcnu N ill k)I1 nut ol'h)wn to ,hny, hrC:ul,r I doll'( 111,e strip cnnunerC sal center, I he trial! here i, vn! ly 1 Iltply ,ltlllhln'r ,II'C .ul ce C,n 1'r nuvnl tc l II %tiU•d l',c ('vnlcr, j It 1tilil ll l I I , Winn, art Mien h.IJ 1101' b,l,ll1C110 1'!.111 Ihr g0011•yllaflly cnnunrrcLll drCrlal+nlenh C( , Linnlll I Ilt,h dimity midil-lardy should oviii be alhnCeJ Ili ,ollllnerCial nc,n 11 onirmoill I elhf Is ohcn I,IIrCII.l,rd I,ut'.ide 111V ('Ity I'CWiI,c nt its hill, cu,r I IPII Jo IC C willrot IIII, 1CC ntlhr Ildll' I041J, and Irtllrhe, In wpli'll HOC t id Ow price Ili 1',n, Land dntalcN IChcre doclornmit a, urn F lundpl.llrr I I III r1 l I redllf I11se IIIC i,k.l of cstabh,hillC a ,rp,11a1C held tl,e CulCgorC for IhC I016000r hood pl.lill 1ImC It ell ifIC IloaJ1,1.11ti he 1,ICwneJ Iun,IC%C1I1 jVJ InJ uatilleJl ,o a, III {,eC'p In Jr,linaur 'tlll,1101 I111a161 Ih.'11N,)Iooldil II l,ne I„ hny it lust C• 111aIC It, (I's, Il un,illCOI I %NC IIII'Cr„l„911,.111,7 he VI1C11 •I,leder,l'edit lgl'a„ ,l,tt'aVChibto pall it rllelr prol,a'I'1\ I, lale'r1 up by lloodj, &It I CIC'holld nil he 1' a dcn,ith UY,frl porn ha IlooJpl.llll I( T 111101t) I IIC 11,lal,eof JOLIOJInCnt 1104, dloill,l nr,I K pln,llC,f'Is do optloll II ill llrnlrll I ! Ile I II1 dI,9JJ he ,11,10 Io IL I I J,1 Clopvl, rill In hviU III fln„,Iplae,s, hr111 C1 Lt. the 1 In Ow INIJI11 (I lousing ((omntenl) lli cKiprnerite ss iourd noFbe encouragea to devrhip Junk ihafthey weir den7ed fo~TFdZn o1i- a (Comment) Many people that live In Iknton can not afford to work In Denton. If (Comment) %it have two universities that do not put pressure on DISD, w( also need housing for those students, If (Comment) It seems that the plan Is very pro-manufactured housing. Flow Is the Citygoing to have this kind of housing In the same areas as traditional houstng? Where Is the place for them in design standards? Ilave them act like a traditional home lot siting (Comment) Life expectancy ormanufactulell homes is half that of traditional homes. (Cocunent) Controlmanufacluted housing with bctlctdesign layout andstoridards. (Comment) There is riot enough owner occupied housing In Denton. There are loo many rental propimfes that deterlorale. (Comment) Is there a way to limit the number ofpeople residing per bedroom In single-family homes? (Conimcm) Can we require extern r Improvements such as brick on manuractuted homes? (Comnienn Higher devetoprnent standards can be achieved If the "develaper" wants to exceed HUD requiremcnu• and they could be enforced through deed restrletloni or homeowner's A."lations. (Commend) Thr a are a tot of benutiful manuractured homes around us, ~r F (Comment) The Dran Comprehensive Plan Is too open and has too many loopholes. I ,,,nln 1 1L Ilpivit III l f ho cnlplouIICPd oIII( rhlit IIVs ire 1101 avit Ld,Ic 111 Ileii hm i he h„usmp is ,IV.III•Bgr. II'Ihc 11,1111 n,dmn III to I I11MI,, I in Ihr plan I, ItI II I I by pl.m Iua"rC, the %kIII Ile rural to mh,ul 111, IN e111C111 phenaltennn II Il lmn11cIII 1 III'IIIL' in Mull k1h valnnlerlial bu,111c„111JIa1 ill itnlu,ln_ In brims rnnnCk inl„did ( aS Ilk cdonl 1)0, C", Irlh u•wl indlnln 1 l nnu 4'11) I, the 11111uIIII II Vh` llieat llm • rIlnud the ae'porl a{,prI Ili I.nd" It 4 11111 dnl111 okc die In llit"tArl our IN i,•I •e k% Im kind I•I IRda,UIts d1,v, the plan h•nc III Itltnd' glean 1 nlal u,tr i co ll h , l t u I I I i,e ;d l u,\ a.l III l n du,I l 1,11 I'll 1 s, I11 oil III 1 C 111 I I hrld J1"Idd 1,1' l1 mllm,e of 1'.w" Ill Ilk wv l I'e,ldl ill loll and IOgl I0ldeI111dI u,,,, ig.orpla'I Isis. 1100111V dtld 4llllnl, I U "nun, III l l11lpakl Ics 11, LIN nh,aenirnt, • \sb.d •nc the hlikowcs holhkcen lmni, I\, IIll esamplc, II a u11r1yd11V L., nanl, to LK Ile in hellll,ll.11111 ktclkr a Ias.IharClnew )soup Ihe\ abn hc,d,lc tlo eat •11'114,111,11 in unpasl L'c,' 1A16IIu11n,llh, u„11h.1 the lay,,,oCrS 111 'the Cpi} hakr 1111ALl lop the sl,lel on am eas L11M, meal, vnvn' 1. it nlnna'nI l I to, al,,lCrJiClI tied, to he k lophinCl I„ cd Verl,. it pile, not vican 111, Lt\C, irc le\ vol laediu,l a1rul,,uncS I II cllcr I N 1111 IhIIC 11 dlou.dly teu,Cnr;Cd aeplal, 11 Ilion Ihirl) flw rule, of Ilenoon, it is arm} lu,pend I Ilk main'} I'll .1 l.Ikdl1s not 14vc pelsenl lot pile t Itiron, h,rkaseen •md not ow perevnt h.ne cve1 moll it Ilnnxpit I 1 "u ,annul Sloop amokd1 rinni unlnte I Ile ( lI'N nerd, dl dOCIOll In 1111111Slt1,11 hd.e to C O)KIII lake, Ihmhal llnla\ h.r, I I ill t, Imid a, nlm L6\eh1' beeau,d of ui.Ul upon, trill the urlik er,iliCS II 11111 t1P I II I I h\'le Ili IIIIt Iv' II CI I, It III e I It n,ccnl lkt•, rI, .II114111 le 11I.11\ Il ,n l l ltle l l lI 1111111 t11't Ile IS,1le,.lll'(I IIf11Ik t,I,110111, pile a\ e" I I I I I I loll: i II,11"t aICall IIIlU,1I Ie, 111e1e 11hra1el le, to ol,MC 111 plde0+ln,m I tilt Ih01t 11li,h I0, anSf qu.111iy ur lite lI mmllkIll I I is abateiivnl,,h,tdd rwl Ile 6mJ It 1Iiirv, nl I \llt,la l wl ,upJ,arl hlhnlc„ e, III I IeIIto III I he 111) h Is art Ilelllt) pr"I,lel11 It 1101111: III I Ne 1111,1 1111111, allow ,hOI pn1, ill 11, 11110 ill,l I•I,tlIxi.s pcnhA• Ili lllc \outhoti area, lot 1IM11 d" 1,11 ,11,11, its Ucnl"n "I eken lnou shat iI ht, 11, of Iki 1(41111 Ile Ill l l1 pill cla sh"l ["1111NO,1,Ill it a,ltt, I VI Ill 111011111"I hC llck d Millie ,o 11111/11 Il 0111 11lkM 11111 Ill 111% p1'I Lis I'II'. l.nlllk I'MI 11/1111111 a, 11 114111 ,hoppm~ 11V le lttlllle I" l1w r"Int ll heft kke 11 Is k' 1114IC %N1,1V Slul C, 1l c 11e.it lb,: thle,hol l f"r p1,I,od,own t\I,eIC No: ire wlraltlne nwrC hu,nll,'a', 1. Iraluportallon (C'ommelm) Itow can slowcrirallic through ncighhorhoode be echlek'd? Uae traffic calmums &chni;lice. bloke 1 people aware of the surrounding cnvirunment to slow spend, (Cbmlmcnq 110w do you fine people to use other means of from ;ponetion? People's behavior must change. (Comment ) AdJ Iight rail to Dallas Ft. Won It and the Alrpon Instead of adding additional lanes to I•)S (Comment) Male is easier to walk and harder to drive, (C'omment', [)nit bring trucks through the center of town. Improve and complete Loop 298 quickly. (Comment) Both universities slate that they have many students eommutim;.slow is the City coping with this? We should halt a regional transponation system to get people from DatlasYl Worth, or me will have to creole more st u dent housing within Dettloff. (Comment) I low about using a trolley system In Docuton? (Comment) With the amount of new annexations coming into the City, would we expect to see transit service to } then., including Robson and Ilul?ines? Until there Is Inrill to these areas, makedeve(opers meet all requirements to do their awn lnfrostructure. (Comment) Various modes of transpotlation will not wodl, because we do not have enough people sot lit r to rldc transit, %'a have to have the population to hale transit services. (Comment) Right-af•Ways should be increased when purchased in order to expand roads in the future. (Ctminwilt) Mills transit should not be out of our reach. Provide fie transit conneetivity, 111 the future, (Comment) We must have lnlerconneclivity of centers, transit a id popul,16r,, (Comment) Regarding the espanslon of the airport, not everyone is In favor of it, when will people sleep? Will it efrect our quality of life? (Commeno Because of the lack of good paying retail jobs In this area. peoille have to commute southward towards Dallas. Glad to see consideration of aiternative transpc'rtadon and the discussion of emplo)menl and housing balance. (Comment) I low con a encourage pcopte not to drive their ears! Currently each person though taxes sull0dites the car to about $2150 a )tar. Could those who chase not to have ears gel some sort of tar reduction, shnilar to a reduction orutilltics payments for energy efficient construction? (C'omment)pcople can change their behavior towards alterltetlve transportation, use of different vehicles, and altemalive ruels, ( Coinme n t) Enforce against the runt Ing o r stop lights, (Comment) I low Is the City gotng to get pepple out fur blcy cling r pedatrhulism who are Znu expectim tooo do x ( c. stet env ca (Comment) or water conservall an requ re every structure to ma rite, n n rv ua meters. (Comment) Concerned that there does riot seem to be a plan for a new wastewater treatment plant In the immediate future for southern Denton along the Hickory Cieck watershed. 1 (Comment) Exlsting residents should receive water and wastewater, even If they can't afford to build frontage infrastructure, (Comment) blow Is development around Lake Ray Roberts going to effect water quality? Is the City performing a water quality study? The Utilities department is currently working on developing a scope of services for a water quality study. (Comment) How much water do we have? (Comment) Should uses of Lake Ray Roberts be limited In order to protect water quality? (Comment) Is there discussion of water conservation In the plan? (Comment) Can we look at the method we use to finance in frastrucmre? Make developers pay costs, tonuwater (Comment) ere riage c anme along Indian Ridge Is u safe an should concretes. lined. Drainage (Comm cm) flow do we deal wlth floodplalns that already h}ve been channeled? How does the differentiailon on the map deal with foodplalns? (Comment) The current central Iibrarycxists In a Ooodplain. Future plans for the library wouldn't ft Into the plan. (Comment) Don't allow buildings within the floodplain area. (Letter) There is no montlun of the role of the two retention ponds al North Lakes Park. The takes are very shallow end is they slit In, their value as float control devictS is nearly nit, which will turn them Into muddy plains. Ylif " r r; k J : ? $ C re,. jNo(~:om cctrCisl ,e i nPlrnnmentA (Commee usage o p u is ltran$NtUt ;M011111Vt a teOC O CMS Management on air quality? (Comment) A study In Atlanta staled that density -kidn04t Well apOCe may cause more pollution. More large lots may provide more open space. Now Still read this sAlclat and is convinced this observation was misinterpreted The article is concerned with the effects of sprawl by causing pollution. (Comment) Don't allow buildings within the floodplain area. ([mail) A Denton Tree Farm is an excellent Idea to offer local businesses a chance to beautify their property at a minimum cost. (Email) We should treats on urban forest that distinguishes Denton. There are so many areas In Denton that could support a tree. So many businesses that could plant undentory trees. (Email) Brick about 3'/r l tears ago, the Clty Council paced the Urban forest management Plan. What was the role of the Urban Forest Management Plan In defining the parameters of this Comprehensive Plan? 40 " 4 i I r anBcs7gn (Comment Creating vtl es soil too a create e c env aver soh in a city. (Comment) Hae we Integrating into an "urban" environment? We should follow guidelines to create permeability as listed in the (urban design) section of the plan (Coma , at) Now are we going to accomplish this design? Page 114 Is weak, whits pages 113-116 are strong t' On page III, will the City deckle what is good design?, (Comment) Public an spaced of t ac or 3000 square fed is too smelt, it may lose its impact or bring some undesb•abte types of alt (comment) Architectural diversity Is'necessary to maintain the uniqueness of Denton: Homogenous design is , not desirable. (Email) Our parking lots need shade. The City should encourage local businesses to plot by offering"Tree' for Free". Somehow publicize those businesses as a reward to those who make an effort (Email) Encouraging public an Is a wonderful concept, l would propose we do more than encourage it, w(rh something like a 1% tax tot public art ; + l' (Comment) What does the wad "partnership" mean when the City at&" it will putrler with developers. What will the City do and what will die City make developersdo i (page 116) = r (Comment) Nowak we going to presarve, upgrade and pro vido tonneutlvity to existing rtelghbaeh$ods? Does"+' the Atari addreis those issues _ y} tt Ilisl+ric KnC'omnx`nts ' E'rex n a1 i, i n ' The Strat (Comment) Is it feasible &ng a cyc a an 01,111, into existing neighborhoods? Some oeig4bochoods may not want or never Seta connection. (Comment) Streets need to be wide to Accommodate parking, safety and btilft (Comment) Who will have coastrudion and maintenance responsibilky for alleys? ' (Comment) Wider roads cans increased maintenance. (Comment) Find ways to Incorporate more parking for neighborhoods to that "to do not have to continue to"` park to their ftitt yard.: Can small parking area be Incoilpoiered into the design of the blocks? (Comment) Parking should be pl Ked In the rest or commercial Instead of the front (Comment) Allow parking flexibility • land toutd be placed in escrow for future to that parking lob don%have to be built until needed, if ever. (Comment) The narrowing otstreets should be discouraged, with rnore on-street parking. (Comment) I don't like alleys because they can become messy, unkempt, crime. Against narrowing any streets,, Should allow up from larger ROW for Arturo expansion. (Comment) Use circular drives as aiterowlNes to alleys, (Comment) Single family homes need topmvide necessary parking (Comment) The City of Davis California Is known for less cars when bikes, pedostrtenism and transit was mode available. They also a11ow neighborhood centers and they Work.1*4 also have fats of open. space and parks. , (C rnmeht) Bicycle ownership Is down across the country beCausa'otdangerous conditions in which to-ride (Comment) The City should do away with barriers to biking and pedestrians CNSStng University Drive is an example of a dongeW road. It creates a barrier for travel. (Email) For a town with two major univenides ( am amaied attht lack aibicycte lapel on city strok :bit Clq, T and TWU should coordinate in crash: a logical bike path transit i} terti \ the I der Il'unancnU (tn iLe Cdge of im+n, m rtic developers pruhw nn1'rastruttun, the Cny shout he loughcr on deuloNrs in their iwr,i~i on infrastructure and %saler quality. it'ummoin I he Oi should not have gltcn up the 1 1) nn the cast side of the Trinity Riser north of I_At I c++is%ills Non anyone can dcvrlop there without Conditions and Create a negative impact on ~ :t+atcr yudldy. I('tq+uttenll Elpcs 11110111 at) Kr6m hdVe anti sa\ In our espadslon" ~cfioois -(Commend) fEie'$chooF6isFkW ability to s~aToo s-i Ts b tFe population and piowy wtfi~ w veer. How Is the City eoordinatlng our planning efforts with the School District? The State of k Texas has funding formuigs bared on capacity and funding Capabilities, W40 earl either lose or gin ? assistance easily. The Schools chapter addresses issues of nary acquisition programs, ioint use fecitities between the City and School District, and compatible thing of khools.l (Comment) f low does the City work with school district funding from other Cities skA as CAM Argyle pays tuition to DISD for high school students strict they do not hive a Hlgft ScbQ in that district (Email) Th. City must solve the "wiling problems of DISD. i think it needs poindng out their the bbtrkt coven much more than the Or, presently being approximately Ilvee dma~ fsYp°ae sbi CRy with regard in square miles, The District riteds to build khools wpide the Ciry ib jet as Inside the city. ,tv ~r k r (Email) The DISb Board of Trustees should be held rnpooslbl for Ihei(t8tvth YI >h tyisialctr hot thi,Citys. ofDenton. 3,•~`4~ )rus,ty x 1n s, c, aintenaace and No Comments Enforcement R- Implementation (Comment) How the plan Implemented? [ adopted, ow much +Y oes the City Couna have to ec one adhering to the Comprehensive Plan? Further regulations should enforce the Ideals expressed in the Plan. (Comment) Nans In general seem to be elements of the prevailing politics. Are we going to stick with the plan once it Is adopted? (Comment) Where is the revenue coming from for the implementation of the plan7 (Comment) Want the Comprehensive Plan enforced and used not become a shelf document. Establish procedure for an then es or amendments. 1 i ll C, City of Denton Draft Comprehensive Plan WORKSHOP COMMENT SUMMARY 1 N Prepared by: City of Denton Planning & Development Department Workshop Date: August 14`.', 1999 u f i Water Son lets " I. The City will ensure a long term water supply fora growin&community. 1 The City will provide additional overhead storage facilities & expand water 1 treatment capabilities to meet long term demand conditions. 7 4 Comments: G7: Tate care of Denton first, shen to those who water b sold Impact feet should not he charged to 1ef111, ori& am leap-frog development Clarity what h cry trd 2, Pit City l ill construct improvements to transm ssron &T isle-dun n - systems to handle demand associated withpopulation &to%th.Prlsate 6 t developers will be expected to participate in the cost or improvements In proportion to project impact. The City wrl prepare a water conservauon & drought - contingency programs 7 Q to conserve water and educate the public. Wastewater Services 1, Protect surface & groundwater supplies from contamination. Limit the quantity of wastewater discharges into Hickory Creek to pnntect the water supply by providing wastewater services. Actively monitor A Iiame regulations for septic tank systems used to alleviate potential water quality 7 ' Q problems. Convnend: Gf: A" lnchrde all watenhtda. 2. Expand the bete icla) use of wastewater effluent through treated reuse of wastewater to large scale customers which decreases costs & reduces row water demand. ] ] G1; Need store 6Jorrsatkn Soh Waste Senices E Provide emclent, cost effective collection of solid waste, ensuring proper disposal while encouraging waste minimization, material recovery& rouse rommenh: 7 Q 171: Slanage and conservv<. Cost eff ettlrY and rellahle servke. Recycle. G?: Xtedtoallow comperlrlon. 2. Construct a Material Recovery Facility (A1RF) at the Landfill to recover recyclable materials & bale remaining solid waste to reduce disposal area requirements. An Issue is the willingness of fknton eitirens to pay higher solid waste co;lection tares to build the MRF and ascend landfill life. 5 2 Comments: GS: Needs spectflelty. Mare study. Cld;ens rd he well Informed on all costs and oprlons G?; Can't afford. acre Services i. Ensure electric utility installation & operation Is environmentally & aesthetically sensitive. ' Q t ti Cotnrmesb: G6: Piphasto roasfslkik" + 2. Use cost-effectlve a ethods to develop & m ilMaln the electric system ! 2117 • ~ l rovlde safa R reliable _lervkes to roe_ef_ Arline demand. II i titurmwater Scrvkcs I. Present the addition otnew structures In the I Do•year noodplains in order lo reduce flooding, irnprove water quality & protect ecosystems. Dcvcloperdedication, city purchase, and density transfers have been identified as potential tools to preserve tloodpiains. 4 3 Commend: GI: rhea are too mane raNabler in rkh quesrlon. ! Gt: Agree to concept, but hare ob/ecrluns to derrslrr. 1 G6: Control, dA cou rage an rl br prerent E G7: Too broad, needs cfarocatlon. c Create a IoO-year flocsfplain land use category that protects the Q ; basin & limits reclamation of tloodplain property to maaim've drainage & water quality management_~__ Envtronmentot Management 1. Permit higher densities in order to preserve, protect & enhance important natural features & habitats. Nigher densities make ahemative transportation systems & protection of lloodplains & natural environments econom Icofly viable for the City to service while at the same rime reducing pollution. t Commend: 3 G7: PensI& Issue causes problems, Need so beaware of Income levels and need housing. Iligher denshy Isn't she solution. F G6: Permit higher densfrles with higher qualfly and enhanced design of deveiopmenl GJ: Agree only tinder limbed circumsrences GI: Thrsecondsentencebtoobroadfortonsideradan. Disagree because of den.vhy Issue, GI: Lower densities ondtromore onrlrommenral concerns, 2 TT a City w111 ecqutre & preserve open spaces o h gghi ecolog ca value for water quality, ecosystem, & drainage management. 7 Q 3. The City' w I requ re aeve opments to protect nature resources ecosystems. The City will develop conservation & development priorities using a method to evaluate, tank & rate assets compatible with development 7 Q Commend: Gh Conslooncla rrgardfess of develo meat ripe. 4. e C ity %il improvT' a tier q-ta ity throw comprc ens ve programs, such as alternative transportation systems, regional programs, federal & stale requirements, & protection of the urban forest. Commend: GI: H ho pays jot transpodasloa systems t federallaw should take Q care o/rhl1. Traffic control Get twit Involvrmenl br tlgnah congestion G6: Strong mrphasts on presemailon of trees. Protect pralrfe land Protect urban forest. Preserve she natural chararler of the farad G7: There Is some eoneern !n she meanie . S, the City w ill employ a watershed approach to address water bodies Q u natural ecolo~Icef s sterns &~rolect & monitor water ualit . 1.7 Srarmwmer Scrvdccs I, Prevent the addition of new structures in the 100-)ear Iloodplains in order to reduce flooding, impnne waterqualily & protect ecus)stems. tkvcloper dodication, city purchase, and density transfers hate been identincd as potential toads to preserse floodplains, 4 3 GI: There are loo many rarlables In this question. Gs: , Igree ht concept, but have obfeeifmrs to denshp. 6'6: Control, Aromrage and'or present. G7: Too broad, needs cforU7cation. Create a 100-)ear tlocs,plair, land use category than proects the 7 O basin & limits reclamation of Iloodplain property to mammire drainage & water quality management. Env4cnmental Managem:nt 1. Permithigher densities in orderto preserve, protect & enhance important natural features & habitats. Higher densities make anelmarive trunsportation systems & protection of floodplains & natural em' Ironmen is economically viable for the City to service while at the same time reducing pollution. Comments: 4 G7: liens ty Issue causes problems. Need to be aware of Income 16-els and need housing. Nigher density Isn't the solmilon. 66: Permilf higher densfeles with higher quality an d enhanced design of development G9. Agree only under limited circmmslances. GI: The ievond sentence Is too broadjor consideration. Disagree bemuse of density Asa e. Gl: Loxvr drnslrlet and promote envlronmrnlalc_w_neerns. The City ss i T I acquire & preserve open spaces o f It Igh ecoloT valu s for water quality, ecosy stem, & drainage management, 1 e City wl I require eve opmenis to protect nature resources & ? ecosystems The City w111 develop conservation & development s priorities using a method to evaluate, rank & rate assets compatible with development. 7 0 Comments: Cl: Conslstrndes rr ardJrss a del 0 men! G 7 e try w i mprove err qua ity t ruu conipor ens ve programs, such as alternative transportation systems, regional programs, federal & state requirements, & protection of the urban forest. Canmrnh: 67t It ho p*,ffor rransporration systems? federal low should We rare of this. Traffic controL Gel mart Inroirtment 1n signals congestion G6: Strong eminhasls on presen-ation ojtrtts. ProtertpreirfeWA P/olec f urban finest Prtsen't the natural charaAer Of (A0land Gh There Is some concern In the meaning. + S. 1 he City will employ a watershed approach to address water bodies 7 as natural ecological ss ms - Protect & monitor water uatiry. 1 13 1 s D i f Transportation 1. The City will redirect its focus From Single-Occupant Vehicle (SOV) solutions that depend on constantly widening and building new streets, and will begin to consider a multi modal solution that fixes maximum right-of-way to minimize environmental imp.tcts.C economic cos'- a maximizes quality of life benefits. Comments: G7: Weed to expand In view to o regional bash. 5 2 G7: Dependant on land use, G L Need to coordinate with ADO F. G7: Any implementation needs dtien Grpui G6: Encourage bkycle and pedeslrlatt auliudes. G6: Denton needs to become more "binrfe friendly " GI: Instead of "redirect" use encourage. GJ: Emph oils needs to include upgrad0fpalr e(exlst)ng SOY systems. GI: Additional transportation options, still worA w1h SOLI 2. The relationship of automobile use to the transporation system should be focused on use of hlgfer densities with travel demand programs including education A multi-moda'transportation s)stems. 4 3 Commenn: G!: Statement 8 unclear. GJ: Limited use of cuf-de-sacs In SF deiviopmenn. GJ: Statement Is too vague, 11'ashinglon DC transit systems are ood example. t, the City will use level-nf-service standards, devetop Intelligent Tramoodation Systems do Improve commercial transportation mobility, including regional Interconnections to madmize the effectiveness of the mold-modal transportation systems & reduce SOV delays by limning their use In Mghcr volume corridors. The Street I, Neighborhood streets will be designed using Interconnected systems that allows diffusion of traffic k slower traffic speeds, with smaller block, allowing Increased pedestrians 3 bicycle use. Use of alleys Is required in more drnse development. 4 3 Commenn: G), GS A G7.Agolmil Olin's (J) G7: Need to clarify that this applies to new neighborhoods. G6: Qu01114dre aspect to alleys. G!:Intleado to ulringallaysuseencourage. 2. Collector street will provide better visual character, reduced speeds, encompass neighborhoods allowing connectivity, have shover block lengths, use traffe calming techniques, bike path%& walks, allow vertical Integration of mixed uses, has street trees & r l , special dnign features, Comments: G6: Stress visual character, G6: Stred trees andspeclal deslgo fev .jen must be adequately melntalned GJ: 11'ani cul-de-sacs Too contwluted. GI: so shorter blocks 14 1Tc tit rect (Continued) 7. Arterial streeissene to connect the City with major circulation routes, include plantings & medians, bike lanes, sidewalks, transit nodes & bus queues, utilize access management, specil design features & allows serticsl integration of inked uses, ~ MO Comments: G(: 11hatIs vertical lnlegrarlon! Gd: I'orlca! lit:xrarian uppraliduie lit commercial or lif1'. A'or m SV 4. Utilities w III he constructed with deselupmenl & placed primarily in alleys sepinued into wet & dry components. 3 Comments': Gl, G26 GP Put utilirim let uttlify casement,, (1) s. Streets will use ahernativc materials, compatible lighting, signage & information systems, street trees & Isadscaping, site furniture & incorporate transit features, 6 j C'onnru•nn: Improve rheconrlsremy rJslreet numcr in the ('!q. Economic Diversification 1. The City will encourage a strong, diversified & self-sustaining 7 Q economy with a wide range of employment opportunities, enhancing local ownership & expanding the tax base. 2, The City will provide development Incenlives to encourage businesses & Industries to ewpand & locale In Denton that meet economic diversification criteria for wages, capital investment, future growth, locate in designated land use areas of the City, use environmenlally sound p actices, diversify the economic base, & keep the workforce In Denson. 5 2 • Comments: Gl A G!: Agalaro far abatements (2). G!: The City should "consider" development Incentives, not provide. G6: Encourage high quallry buslneses, G7. Concerned aboat lncentlcrs, G7. See,' to know who our w•orkforcirA. Economic development prac•ticeswill focus on IndustryPousiness recruitment defined by a targeted marketing plan that entourages market variety & tax base diversity. Comments: Gd: Provide ollAy erpanslons wdb specor derelopr,+ent eontrad 7 to., a) require hiring of local citizens: b) reduce tar aMernent with an Increase lit oretall na dollar rxpendilurr for ailthy and lnfrattrucal re ewnslons. Gl: Thb statement should be d`ffned mart. G6: Thr CJry marketing strategy should be followed by the Chamber - - that recrlrrs funding, 11 HivtoHe resenatiun I. Wcntify 3 createadditional historic R conservation districts, protect historic sites by encouraging landmark designations, & promote historic taurlim by actively pursuing preservation, restoration & maintenance of historic properties. Commenn: 7 67. 1110orlepresenw(lon should be by cirlcens and n of funded with las do8ars. What Is our hi lory7 ,Yore clarficarlon as to what Is hlN & & when does an older ballding not be hlsloricP (llmoved from MR Was 1dralion) 2, protect remaininT g archeological resources by ensuring remains & artifacts are not disturbed whenever possible. Crrrnmenrs: 6 GJ: Prolectlon of h$lorkat plores must also he reasonable. GS: Question er to the use of the word "dlsrarbed." G6: "Preserve" arnfarts lmlead of not dhlurbed." G7: TM Is not she Cily'a place to step 1n. There should be options. Urban Otsliji 1. The City will develop architectural & urban design standards for r A uses. Them v andards will be utilized to raise the quality ordeslgn in new developments. Comnrewty GJ: Eslablbh guidelltres and MOO? Whitt an ewbalb ON standards and materkls GS: These should be area spec{fk galdeline& G6: RMYIIaate to reduce sub)el'tit'lty. G7: Question of degree. These standards must be consbtent with the whore elly. G7tMirhmearrlb luereasedl es .auI balldlu sP I` 2. New developments will complement & reinforce the urban 6 structure within Infill & new developments & create structures that have life ans well beyond their orf final use. 3. Architectural design will Indicate ertatlvity, Innovattwt, quality, structural longevity, adentlon to detail & understandin4 of design principles. rammHrrr: 1 GP (Applies to questions 1-3) Need separate chkelr o wstgbl for ~ Mlikoring and eq/orcerneNt of arehlit"rel sbndanb GJe These should be strong elcbbedurd standards. GS: Change "lndkele" to "allow," G6: Ree+wluele • agree an quality and least iq'. G1. Hater file shepossiblllly of beheS dktnred as to what b 1 16 L~ v r n o oal an 4. Urbom design will reinforce established chwocter,'clroulolion networks, respond to the ntlobodmd context, preserve natural 0 77 features k create anracdVt. well f4wioning spaces for pedestrhrns. _ S. Public art, historic conservation, transportation inbastructure k signage will ethane the City s urban form, reduce negative Impacts on the urban etivirt ment, promote the ronae & praava W of historic features k expect public art In landmark lm*k as to define local" of the City, ' 0 f' comett"ov GI.- Alan fgrirl*n VdlVuWt Gs: Carol 40kVf4s, of ale tMWA n "vo wit/ dmorte ot. G6: )Wbfk art oo fWNk prpery. De ens s wRAhe erf fir privok 6. New neighborhoods wM meet the growth managemant strategy by using the nelghbo-hood center develo mat typkal of Urban Village R Transit Orlented Design development patterns. $ 2 caMreerrh: W. Corer ed jroirib area a/aGNsea! G6: Good k 5 7. New neighborhood design will.exempiify qualhy of life ob*dvee by reducing aprewl, wing compact development design pettems, reducing utility extension cab; k meeting trimpwtation, wagtable community objectives, open space, deaiga k environmental gosh, S Z • 4 z Cosansirrb s. d7! d7t blwirl+kauiie.Jbiesfp'ix~~l , ; r ;,A G!r o rYe" wLA Naelelaltii4Dtr"f~fiJJkfn S , ✓'r t e , - t is Par , Recrisoon an Open Space 1, The City will prepare a Parks Master Plan to address parks k recreation objective, city needs, acquisition & development of park lands that include aunifiedgreenbelt& trail system, k funding of these activities. Comments: G! Strongly agree with rhb statement G7: N'e already hart o porAs plan 2. Ensure adequate k equitable distribution of parks k open space; coordinate planning of parks, open space, trail B recreation facilities with urban deign, transportation, school & envlronmentnt objectives; ensure costefl'ecthe provision of facilities; and, ensure that facilities are responsive to the changing needs ofour citizens, 0 Comments: G2. Specify the need for aelghharhood parks. 61: Opposed to the No statement ParA spare should not be (f ~ forfeited. G7: foe many entitles larohed In this statement Need to be assured rA work mgether, 17 I c• c~ ~ ~ f ~1~wf~elnnd Youiie~ ;Rtw1d 6~ tlteb~ ~.~f.d ±~Y ddie~ ~ , Ciry,.altdM' lpeeMe Auf(dify ~ Il itlndlydl euidlpcl a «dMw teegrvhy ~ qu:Mp• d~wlopn~et. t.la: , , 6 l , .j ds; T~r+w~rarrradif~Mbw~l tt~Irrepp,als:rwM? iZI:lMliai~I~aMMr~ri~ea~e~siMiK+Mirr► Of{!>reAwiCf~Md~iAvlMrr:lr}:irYMraM+MlriNp~. 7 ft. fjYl/¢i/t~ffYf AMAa6~w~,Milduf~ 2. Allow flail M ' ifn4 ~~t ~ 1, ~1r1: riu w6dwE dK "S"d Dowaimm UnivwkY ,ma a A oomeNiclofhn Owzw a C`~iauisrt , dd,diY+dtt~y~yMUffwMf+~oirAwaldCYa,` ChAo"Oft 0{Av* Cr 64iWM dow Apps r t 4i:'IM ~J+rw~, ~f r+M r~ ~/Ii.MMaMiw+Ak Of: p'IwNI ~flwtlMiw~e/l~s ~ . . Qf. h lM/lM/Affl-'-Niaparffrabifulf+~ llalra l1gY fN Ma NO Lu~d r~liNti t1q i~/lrrYM b i MfberiMiN /fret Al fAl~ Mlfi N rlwrilwrrr Ch tflAf fIIM! ♦f A~IftiM ffldYflt °'i 3• Aixw im iR Nl6e bii Mtow.ll. ~y~6t~ory~lj~{ ~ y~~4, Y 0010 ~t6K Nxk OhMy1l Mwly ffrMCf (~aollwt' fall as Moo fu dN r r • ( J„ II 1 t Fchouls I Develop revlcw policies for joint land acgwP.ition A development orschool sites with parks through coordination betty a:n the school districts d Ilrc City, 7 Q Conrn:e+llt: G6' SItonk agree. - 2. Coordinate land use compatibility A relationship standards for school within neighborl,oafs R esrabhsh typical school siting standards R needs Prepare review policies for school sites in relationship to residential development projects to accommodate needs. Cnm+nrnd: G7: Schoof Board should hr amvldr earl. 3. NO%ide adequate facilities to accominodate anticipated student g,ovvth through the planning horiron. Connnenh: 7 Q GS: (hu+rge' facililier"to "Infrmlrurlure." G6:1'he('frf ~lNrniourugtne'schnol%hededivadonsfrom dereluprn, Rcsidcntlel ntiJ se 1. Guide development to promote a diverse housing stock for all Inca.^esk tAstylcs, limit sprawl by allowing higher densities in t NelghbAtiod Ctnter developments that are close to services, Not ■ll wurAgroups dealt schools sod transit, d demand quality through design & with these statements. constructi in standards. Commend: G2: With qualio, GJ: 117th adequate lnfrestrurlum In place litclading schools. G,'.- Coming to • concluslon n'lrh thb statement maAe use of the area we have and nol over densljy j/you encourage be flit, then thur's how It should be stated, G7: Quesplans ofineeln( projected demand by sarrfting the qu aliv ajaur Us e& G 7: Questlans about how mach of the percentage Is desvreed to dent My. Aq• worn it balance. GC: Eli orce standards whhour wtrlances. 2, Ensure a balance orNtore residential development, meet projected demand, Increase housing opportunities in the core of the City, 2 2 protect existing neighborhoods, meet environmental concerns A deliver ellid"t setvkes by allowing hlghcr densities in designated new development areas. 3. Use design principles fur new developments that ensure quality, reduce sprawl, redoce utility costs k meet transportation .C ells irontncntal goals by using urban village design & transit oriented dcslgn standards. 3 i Commend: G7: Doer thls mean that we wilt ne longer Aare melghborhoodi Me we have now! Lnconroge design prinrfpler. We do not nu v: ra sdcriJke 1ta111 ojt! rfor dons I9 f I 11"I Won Cont inued 4 Initll development will be In context with existing neighborhoods by use, anhtlectutal scale & design, d. urban development pottems, 4 U Existing development will be protects to ensure inftll development Not allsvorkgroapsdealt eom ibnIt', with these statemeaK 3. Densities for now in fill development will be compatible with desig iitled e`xlsttng oeighborfiotxis, new, .leveiopment in new 3 ` 2 mkrs, ven(caI arliced uses; ( perciat wdvhy: neighburbW c is .entail ife bf densities to meet fustalli bats. ` ' ltesidenlial fsensity Issues 1. Should different residential dersitles be allowed in accordance with the land use plan? (Questions) Commence: G3: Yes Not all workgroups dealt Gl: Density erantjen prohlbhed (ntr buildable propero) lie wool ametrides (deditarlon) with these questions. G6t )'es 2. Should smaller lot sires be available If some people, such as senior citizens, want lower property maintenance responsibilities? Comments: G3: Zero for should be In blited use area to allow for drainage, there should he surface rransporratlon Infroutruclure and school capacity cotrrpromise. Divershv should be in new nelghborhoods.GI: GI: Slalnfain balance-quallo, In coning. Property values for carrenf owntn - scboots should be considered I G yes 3. Are) ou willing to pay higher utility rates end property taxes in order to ensure lower density residential development? Commenet: G3: llow muck more - spec(flcatly - are wr willing to pay? GI. Encourage other rnynue pr Jucing avenues such as t np& rfees G6: A'o. Th& is sprawl concept Dense areas ro haty gran ..pace. 0. l low she he community reconcile transportation and air quality problems that may result if sprawl c its to promote auto dominance? s Comments: G3: feryrkas$r pabnr Iransponation, port and rldes, Gl: Grtaler panlclpallon In pablk transportallott Integrate with D,I R!'• Orr frlerto publk trantporlatlon. G6: Encourage neighborhood centers, blkepaths, shorten trips Wrklin living area and redure longer er s - - 3. The draft plan recommends allo•.ving limited lot sire flexibility In new residential amasby using a "dwelling units per act" measurement. The intent Is to allow smaller lot sires In exchange for open space amenities, Density would be allowed to increase, within limits, ha proportion to the amount of common open space and amenities provided to support neighborhood residents Do )o agree with this concept? What changes would you propose? As Comments: G3 •.f/fordable housing should promote slur not chedprat Needs clear mechonbm to ensure r rtted (prorldes balance,) Gl: No. G6:, eedi balance. Ile do not want to look IIAt Plano. Concept b acceptable. 20 r FTFTn Residential Density Issues (Questions) 6, The density ranges proposed for existing and new neighborhoods are similar to those already found Continued In Denton today, although the amenities provided can vary significantly, Please name some subdivisions that exemplify high standards of quality. Not ail ssorkgroups dealt with these statements. Comments: GS: Oates of Sfontectio (ones that follow deed resrricrions), Cooper's Glen, Jane's ,v'elghborhood (tudra),Denia,ldlos's 18111ower, SourARdge (Rldgecrest Circle) Gl: Norrhlailes, Soarhridge, f'orrenrldge 1. What specific changes should be made to the targeted residential densities table? 1 Comments: GS: if ill accept higher density (f only done In small groupings. II har it the highest density In Denton nowt GS: li 1thln evlsUng residential If unity to the acre, V complex Is limited In sloe, rncoaruge "quality" on lnf /l a•itA higher dentin, G 1: 1 argil densities sAoald be based on net. Plan denztrles are too hi A. ommerc al n We 1. Maintain do enhance the balance & accessibility of commercial Not ail workgroups desk land uses & property values, limit stripdevelopinent which causes with IAese statements. traffic congestion & destination targeted uses, & demand quality to 4 O enhance neighborhoods by pre.ecting with design standards. Conaesenh: GI: D"44 slandan(s with al , 2, Organize land uses to provide rot diverse commercial activity by , providing neighborhood center serv ices, community activhy centers & regional s tlvit) centers which allow vw1cal Integration of uses including retail, commercial, service & residential uses. 3 1 Conwkdtt: C!:&f1midonslife bateken"ofeNemiskyaarxateessh"P - "Pypkaf Aousbt"djQ'cnJMnr 1rAN b JN aeltJldbNlool s'estknP _ . n us rii'Mnd Use I, Organize industrial land uses to minimize conflicts with adjoining Not all xorkgroups dealt uses & develop undertransportation systems that meet those needs. with these slalements. Develop industrial land use categories that facilitate different types ordeveiopment from heavy manufacturing to light research & 4 0 developmenl & high tech Industries. Connneots: G1: Dr nrdrreln mrnt. 2. Oc%clop performance standards to protect the public, design 4 0 standards to enhance quality, & restrict uses to those meeting economic. eniployment, environmental & Ws stricture oafs. Mica nd Pa b k Land Vass I. Provide distinctive public facilities to lad deveiopment by building landmark structures, enhancing public corridae, providing public Not all ssorkgrotsq dealt facilities equitably, & by providing neighborhood todtywide ) vsltA tbne slatements faeilhiea, 21 i t t Special Districts 1. Create special districts or muter plans for the Downtown Not all workaroups dolt University Core District, by Roberts Lake District, k Denton with these statements Municipal Airpon k create a separate district for the loo-year 4 O floodplaIns to conserve 6 protect these sensitive areas, Comments: G1. Dba ree whh Vnlvenky Care Bowndarim ■ u Plait 4 Distrkt Locathws 1. 100 lame No! aR w00iii l dash 2 Ex!tg Nqw6orboods J InAll cyapadwft 4 Q with the Pilo. 3 1 3. Rrtr■I Dlalricb 4. Na lliliW hood Canprs Z Z ` , im. MAP' ' 1■■■rw ` emirlillib0i" S, DowMOwp UnivaIy Cm DWM e Cewt 2+' CJ: ANd e■s■tl ~ f !jJ k laoaraakuk Cf: iWark li it unissued 6. C ommOnky MiKW Use Ceateo 3 , C~w■Krrk: G1 r A►w wrreMl fArhKrsb DrJw w~ h M aAsrNsd . ; ' r. 1. R"O"I Mired Use CsnwS r.■rMar~ 3 ; : 1 ; , 1. Em• 1 Caota+ e. r f? 9 1odoSMd Gntan ~ • ~ k MI rY. yi7 Ur i fr~'~'~ aft ,~irfi~~ ~a r i• F ~ mails ti ~r f 22 r i ResldentiatLand Use GRO ~P71SS6'8S e. De n3lly Density should reftectjor SF start with l pep acre loo, rock section and Jjor tnaftl family. (Top t Issues by Group) Higher densrry does not equal lower cost rores ►befor acquisition of lands, atilides etc. In someway the i epayerpaystitab8L Dnelopen need to contribute to school land acqulsliton. rkty bring rho population, they need to support Ilare jariffifes • roads, buildings, schools before development Planning terminology Is d jficult to understand, Be realistic about how the provide affordable housing. GROUP S ISSUES Accept higher Aleb(fanlly density whYe eomplev size Is limited, considered to tams of higher quality.. Iligher density as long as the dnelapmenl's "conoe wily" belongs at parr of the sent , of cammanlty. Growth principles., mahtrain quality, quantHy, location and riming. Diversity In new dnelopment builds community, conoectheness. A balance o all demenh _ tES Srandatdlted oel acreage /density calculations It., with or without roads, easements, parks • all the some. Adequate jarilidej - let schools parks, roads, and ten,kes such oe solid waste. More spec(lkolly deflned ores • Neighborhood Center Were does exiting -top and neighborhood centers start? Quality end dertsio- are a necesstry. Stability building fit a long range neighborhood Standards or SF detached Prolesrfon jor existing nelghborhoods. GROUP J ISSMV Iflgh qualility standards Limit ambiguity In plan City needs to estforce existing rrgwlations. Decrease neighborhood densites vier what's recommended in she plan. Reduce • prohibit mutd famltygrowth undl60•40 ratio Is achieved Sign{Jkandy ltmkpwklbk manufactured housing until srrlct coda ere wrinen. Neighborhood schools . a prforky with developer dedication and varf.elpadon. Mort emphasis on higher scale housing • No to 50% offordable Aousing, No to development waken, A'e[d or resenvion and urban etsewol o etheln affordable housin . bR0 ' 6 S ' Adequan pubik jaclff les (schools, open space, parks, roads) mist be addressed to higher densities. Alternative transportation modes (Dikes, joaf, pubtlc) are to be rncoaraged Reduction ofsprawl and Nip volume. A'erping balanetd and dhene growth a priority, to at to encourage it mix ojdenside clty•wlde. Cncourole the presenvrvlon of Indigenous trologkel fealures (forest, profile, creek, hills and other natural jmrures. 1F(SI'F37.F§i'~ Quality standards, consrrucdon life, code enforrement, property sabers, Concentration of Muhl jamlly u..nim rromidon from ahting ntlghboehoods to new ttpanslnn. Street width In terms of safety and Iraff a flow. Roth/11A the use o al! .s. _ t~ t ifs \ r. 23 c Draft SCHOOLS Chapter - Drq l Replace mcnl Fusion, pre cared to City Council: Augusl 24, 1999 Section IS Schools Whenever values are discussed within a community, the quality of education is consistently mentioned as a priority of the residents. The City of Denton is fortune~e to be served by several comprehensive and innovative Independent School Districts, The school districts are challenged with continuing their level of se, wica to area students in a climate of population growth and Increasing responsibility mandated by the State of Texas. Recent residential development activity within the City of Denton planning area has been located primarily within the Argyle and Denton Independent School Districts. These two districts contain almost all of the urbanizing areas and are expected to experience most of the projected residential growth over the next several years. As development continues to mope from the southern portion of the planning area to the north, the remaining districts are also expected to receive a share of this significant residential activity. 1. Needs Assessment The addition of 35,888 single family and 18,430 multifamily dwelling units wi!I have a significant impact on the districts located within the study area. Ills residential development is projected to add another 28,800 students to area schools -15,300 elementary, 6,500 middle, and 7,000 high school students. The urbanizing sub-areas are expected to generate 85 percent of the projected student growth, a total of 24,500 school- age children -13,000 elementary, 5,500 middle, and 6,000 high school students. The Denton Independent School District (D.I.S.D) has projected enrollment and facility needs through 2020 for the entire district. D.I.S.D. estimates it will need to build 15 elementary, 4 middle, and 2 high schools to keep pace with enrollment growth. The district extends beyond the limits of the City's study area boundary. Of the projected facilities, 11 of the elementary, 3 of the middle, and the 2 high schools will be required i within the City's study area boundary. Table 18.2 shows W.S.D. school needs through 2020 for the entire district; , Table 18,2 D.I.S.D. School Needs Through 2020 Yea r F:lementa e high 1999.2003 0 00006 _ 1 2014. 018 2 1 O19. 0 0 0 0 sODIRCF' Foci ily Cn+trlrnrrion Timera e, D..S.nruary 18, 1999. Historically, W.S.D, enrollment has grown at a 3 percent compound annual r growth rate. [lased on the current levels of residential growth throughout the district, the rate of enrollment growth is expected to more theft double over the next five years. A l ! compound annual growth rate of 7 percent is projected from 1999 to 2003. Overall, a compound annual growth rate of 4 percent is anticipated from 1999 to 2020. Table 18.3 contains a new facilities construction timetable intended to keep pace with enrollment growth. 24 tIM Draft SC11OOLS Chapter -Draft Replacement F'ersfon, rrejenl of ro ary Council: August N. 1999 Table 18.3 New Facilities Construction Timetable Elementary Middle High Year Facilities Demand Need Facilities Demand Need Facilities Demand Need 1999 0 0.6 0.6 0 0.1 0.1 0 •0 -0.3 2000 0 0.8 1.4 0 0.2 0.3 0 OA -0.2 2061 1 0.8- 1.2 0 0.2 - -O-S- -o fit 2002 Q UAV 2,1 1 0.3 0.2 -U---- - 0.1i4 0.0 2001 2 -.1-.0 -.1-.0 - 0-- 0.3 . -O.l --0- - 0.1 - Oa 2001 _ 1 0.9~ 0.9 0_ - 0.3- --0.4 ---0 - OA_ 072 2006 1 B 0 :-6. 0.0 0 0.2 0.3 2008 1_0.6 ~ 0_-. _._6.1 --0.2' 1 0.6 0.40-- 0 -b - --0.1 6.l 2011 1 0.7 -0.1 0 0.2 0.1 0 0.1 0.1 2012 0 _ _ 0 7 O.b _ 0^ l -0.2 t 0 0.1 -iff 2013 _._1 --O.b k6l- 0.1~ .0.7 2014 0 Q 6 0.1- -.R I 2 16 0 0, 0. 0 0.1 -0.1 0 0. . 2017 t 0:d 0.2 a- o.i . _6-0 o 0 --0-. F_ O.i- 0 O, i - -G 2 0.1- - Y b - `0,1 -bT TOTAL, 15 15.4 0.4 4 4.2 0.2 2 2.. 0. Facilities: New campuses to be opened for the identified school year. Demand: Nceded facilities generated from development occurring In the previous calendar year. Need: Unmet student capacity within the Identified school year. SO tr.- Demand and needs shown here are based on functionaleapdcldes. 11. 5chuol5GingGuidetines n, , The cstabtishm:nt of school 401ing guldelincs will help ensure that future ! ? elementary and secondary campuses are located, designed, and built in the most effiMcnt manner possible. They will also enable the City to work more closely with all its school districts for the reservation and acquisition of adequate school sites and the integration of future schools with other City services, such as transit systems and parks facilities. 23 Dru/vSC1f0OLSChe,•ar- LhuJl Replez•rmen7 i'enlnn, Preserved to Ciry Council: Augvsv?1, l99G Requirements for each school site will vary by the intended use and physical x characteristics of the property being analyzed. The specifications outlined here are Intended as general guidelines for the identification, evaluatiur., and ecquisition of appropriate school property. Siting guidelines may be expressed in three categories - physical characteristics, service area, and locational criteria. A. Physical Characteristics 1. Acreage The primary issues that will determine minimum acreage requirements will be the type i of proposed schools and their planned :apacilies. Acreage Requirements Type Required Ideal Additional Facility_ Acreage Site issues Elementary I 1 to 17 acres 15 acres Must w3 a eno~ u~g t to accommodate separate parent and bustsenice traffic, Middle 25 to 35 acres 30 acres l lig 45 to 5 acres 50 acres Must accommodate off-street traffic circulation and parking. 2. Topography School sites shall not have any slope less than 2 percent nor greater than 10 percent. Furthermore, the grade shall not exceed 5 percent at all t building and paving areas. 3. Drainage and Easements Preferred sites should be primarily free from flood plain and drainage areas. Outdoor play areas may be located within flood plain areas pending City approval of site plans; however, all permanent structures will be located well outside flood plain areas. The interiors of proposed sites should be clear of casements. Utility casements may be located along the perimeter of a site. D, Scniee Area Scrvice areas vary by the type of educational facili!y and the density of the residential area served. Service area criteria help ensure an equitable distribution of school facilities throughout the planning area. Sen Ice Area Criteria Type Maximum Maximum Maximum Facility_ Service Area Walking Distance Commute Time' F.icmcntary 0•m7ta ra ius mile ~ 0 minutes n133Tc- 8.5-mile radius 2 miles- 4 tmnutes r 60 i_~-` - 9 3•mi a r~'T~a`d us y~ m-Tfcs - minutes The marlmam time r slydenr should .spend on a dMtkr school bwt 26 0 I Drq I SCHOOLS C6apler - Druft Rep!acemenl 1'ersion, Presenle d to City Council Augusl 24, 1999 C. Locationa) Criteria x Educational facilities should be located appropriately according to their intended uses and anticipated Impacts on adjacent property. Elementary, middle, and high schools each sene significantly different populations and provide significantly different services and should be located accordingly. I 1. Elementary a. Neighborhood Schools Elementary schools are intended as neighborhood-oriented facilities and should be closely tied and immediately adjacent to the residential areas they serve. Every effort should be made to incorporate them with neighborhood facilities such as neighborli mt parks and community centers. b. Land Use Relationships L Elementaries should be immediately abutting and/or within residential developments. 2. Primary access to each elementary site should be fmm a residential collector. 3. Bus service access must be separated from primary access - preferably from a secondary site access (i.e. side street). 2. Middle a. Community Schools Middle schools are intended as community-orlented facilities since they art intended to serve several neighborhood areas. Middle school sites also contain outdoor facilities - tracks, football/soccer fields, baseball diamonds, and tcrinis courts - that are potentially incompatible with lower density residential land uses. b. Land Use Relationships 1, Adequate buffers are required between immediately adjacent single-family land uses. Appropriate buffers include park land, green belts, streets, etc, 2. Primary access to each middle school should be from a residential or commercial collector. 3. Adequate separation is required between primary and secondary access - preferably from a secondary site access (i.e. side street). 3. lligh a. Regional School I li;h schools are located centrally to a region of the district in which they arc located. They should be Incorporated with community or regional facilities like community parks, regional parks, or university ' facilities. * r b. land Use Relationships 1. Due to the noise, traffic, odor, light, and other similar impacts, high schools are considered incompatible with single-family land uses. 27 a ArgR SCHOOLS Chapter - Drgfl Replacement I erslon, rresenred to Ch) Council, A ugwr 24, 1999 2. High schools should be generally located at the fringe of commercial centers with direct connectivity to the residential areas they serve - i.e. thoroughfare network, TODs, bicycic/pedestrian systems. 3. Primary access should be from commercial collcc:ors. 4. Adequate spacing should be provided t ctwecn pritnarr and I secondary access - preferably from a secondary site access (i.e. side street). Ill. Policies A. intergovernmental coordination should be facilitated to the maximum extent possible, regardless of jurisdiction or service responsibilities. Efforts should be made to share resources whenever possible, and redundancies or duplication of effort should be climinated. B. City or local government will comply with the same regulations that are Imposed on private development within the community. Every effort should be made to ensure compliance on the part of school district and county projects as well. C. Residential developments will be reviewed prior to approval to measure anticipated student impact, to ensure that adequate sites for future educational facilities are reserved, and to integrate school sites with other public facilities like neighborhood parks and pedestrian/bicycle systems. IV. Goals and Strategies A. Adequate Educational Facilities 1. Coal provide adequate facilities to accommodate anticipated student growth through the planning horizon. 2. Strategies r a. Analyze student impacts of proposed residential developments at the pre- design, zoning, and plat phases. b. Encourage develo,%rs to reserve adequate school sites, c. Partner with school districts to initiate State legislation that would allocate adequate funding for mradated programs. d. Initiate economic diversification In the form of commercial and industrial tax base to Increase available funding for future school facilities. B. Land Use CompatibilitylRelationsbip to [residential Nodes 1, Coal Develop a network of educational facilities that provide the greatest benefit to the residential areas they serve. Strategies a, Coordinate with school districts to site future schools in areas that are best r° equipped to accommodate residential growth. b. Work with districts to design and develop school sites that mitigate negative traffic impacts. Devise ypical" site designs to help ensure consistency of design and compatibility with adjacent neighborhoods. sr t &af SCHOOLS Chapter - Drgfi Replacement Verelon. Prevented to City COOnci1: August 24, 199J c. Create connectivity between schools and immediately adjacent residential areas. Elements to achieve include: • Comfortable pedestrian and landscape systems, • Reliable and efticlent bus systems, and it Integrated school and parks/recreation facilities, d. Meet architectural and urban design criteria set by the City. C, Adequate infrastructure 1. Goals Develop fully integrated thoroughfare, utility, and parks Infrastructure adequate to sen-e each campus, 2. Strategies a. Coordinate City capital improvements programs with school district bond programs to ensure the extension of adequate infrastructure to serve each and every school site. Elements to achieve include, • Street improvements immediately adjacent to and within close proximity to each school site, • Sidewalk construction and rehabili:.,tion immediately adjacent to and within close proximity to each school site, • Water and wastewater line upgrades and extensions to each school site, • Electric line upgrades and extensions to each school site, and • Where possible, the development of parks and recreation facilities that are Integrated with an existing or future school site. b. Assist school districts with the location and construction of future schools that conform with and take full advantage of the City's long-range thoroughfare and utility plans. D. City of Denton/School District Partnerships 1. Goal Engage in as many collaborative projects with the various school districts to maximi:re public funds and the functionality of public places. 2. Strategies a. Coordinate City capital improvement programs and district bond packages for the: • Joint purchase and acquisition of publicly held land that maybe used for City and school district uses, and • Nvelopment of collaborative projects like pubVA libraries, pools, playgrounds, athletic facilities, and education centers. b. T' +ximite the use ofexisting City and school district facilities for multiple u~ : - i.e. alter school action sites, community education programs. i t 29 ;a,:a rJo At- Me. Agenda Ite AGENDA INFORMATION SHEET Data AGENDA DATE: August 24, 1999 DEPARTMENT: Planning & Development CMIDCM/AC\1: Dave Hilt, 349.8114 SUBJECT Receive a report, hold a discussion and give instructions to staTregarding the planning etrorts for: a. The Draft Scope of Work for the Downtown/University Core District Plan b. The Draft Scope of Work for the Southeast Denton Small Arco Plan BACKGROUND On January 6, 1999, City Council passed a resolution authorizing a Small Area Planning Program for the City of Denton. The Small Area Planning program is designed to address specific areas in greater detail than in the comprehensive plan by providing additional analysis, recommendations, and implementation guidelines. Included in the Small Area Planning Program Overview, the Planning Department is responsible for submitting a list orpotential small area planning sites to the City Council. The City Council Is responsible for prioritizing the small area plan sites and modifying the site priority list from year to year. City Council has asked staff to prepare proposals for two spcci6: areas that are very close to each other geographically, a. The Qowntawn / University Core District is a special district Identified in the draft Comprehensive Plan, The adopted 1993 Small Area Planning Program resolution authorizes the initiation or a small area plan for the Downtown area. Coun:il members have asked that the Downtown! University Core Area be considered for planning efforts once the Fry Street Small Area Plan was completed. The Fry Street Plan was the first Small Area Plan adopted by City Council, in May 1999, Because the Downtown I University Core District covers a large area, including the Fry Street Area, several small area plans could be prepared within the district. K The Southeast Drnlon Area has been identifies! es an area In need of revitalization and rehabilitation and as having unique characteristics, issues and attributes warranting special attention. During recent meetings, area residents have asked for t,rotection from the intrusion of nonresidential uses. The Sowthcasl Denton Small Area Plan represents the first program planning effort intended to address residential neighbothood issues. Also, the ti boundaries of the Southeast Denton Area could change, depending upon input received during neighborhood meetings, Draft scopes of work for the proposed small area planning processes for the Downtown University Core District and Southeast Denton Area are provided as attachments (Exhibits A and B) to this report. I As is consistent with the intent of the SinalI Area Planning Program, the developmomt of the small area plans as proposed in the attachments require extensive participation on the part of affected property owners, business owners, residents, and other interested panics. OPTIONS Option J (Concurrent, Staggeredl Downtou n / University Core District Plan, October 1999 - July 2000 [10 months] Develop a Downtown / University Core District Plan, addressing district-wide issues and dividing the district into as many as 8 small area planning candidates. The district plan could then contain a longer range, multi•ycar implementation strategy that prioritizes and schedules the completion of each Small Area Plan within the district. Southeast Denton Small Area Plane January 1000 - November 2000 [1 1 months] Develop a Southeast Denton Small Area Plan beginning in January 2000, with a schedule that overlaps the Downtown District Plan, but is staggered to avoid conflicts between neighborhood meetings and the development of planning products. Option 2 /One at a lintel Downtown / University Core District Plan: October 1999 -1tay 2000 18 months] Southeast Denton Small Area Plan, June 2000 - Fchruary i (8months] j Direct staff to develop only one small area plan via time Pr;o-,itize either the Downtown I University Core District or Southeast Denton as the next small area plan, complcte one plan before the next Is started, and complete each plan within 8 months. Option 3lStfeet other areas] City Council may want to select other areas for Small Arca Platt consideration. If so, directions should be given to staff to develop a Small Area Planning Program area selection process. i ti :COMMENDATION Option t is the preferred approach. Two plans can be developed concurrently, provided the schedules are staggered. If both plans are initiated, city staffs Small Area Planning capacity will be exhausted through February 2001, Once the Comprehensive Plan and Development Code kewriie processes are contplctcd, more intensive Small Area Punning efforts will be possible ES,1` 11A 'EV EROJECT SCIIF:DULE Downtown i University Core District Plan October 1999 July 2000 Southeast Denton Small Area Plan January 2000 - Novcntber 2000 ,i An important point should be mentioned with regard to plan timetables, One of the factors in the success of tlic Fry Street Small Area Plan was the time allowed for issues to be discussed and debated. Although timetables have been Identified, staff is convinced that delays should not be considered negative if needed to allow time for additional meetings, Mato, and consensus building. t I w~ i I FISCAL INFORMATION The scopes of work describe the maximum estimated amount of work that can be faciliteted by the Planning & Development Department without the addition of additional staff. Other depa,tments will participate as team members in response to the neighborhood issues that are raised. The cost of each plan for publication and meeting materials is estimated to be SR,0DO410,000. ATTACHMENTS Exhibit A: Draft Scope of Work - Wwntown / University Core District 1. Draft Downtown University Core Sub-District Map 2. Draft Timeline for Downtown University Core District Exhibit B: Draft Scope of Work - Southeast Denton Small Area Plan 1. Draft Southeast Denton Area Map 2. Draft Timeline for Southeast Denton 3. Draft Housing Condition Suney I Respectful) submitted: Dav ill Assistant City Manager, Development Services Prepared by: 1 r ~W-Q-ea- Ii Dedra Den6c Ragland Small Area Planning Manager i I 3 EXHIBIT A DRAFT SCOPE OF WORK - DOWNTOWN / UNIVF4RSITY CORE DISTRICT PLAN A. PROJECT OVERVIEW AND GENERAL. APPROACH The Denton Draft Comprehensive Plan, the City's 20-year guide to growth and development, identifies several special districts that warrant special attention. Due to their unique character and need for protection, preservation and conservation; special role in the land use patterns ofthe community; and!or unique opportunities available to the community, these districts must be addressed in greater detail than car be accomplished in the Comprehensive Plan. Special Districts may require a general plan for development and may also require smaller area plans to provide a more letailed framework for promoting development in the district and ar,y sub-districts that are identified. The Downtown 1 University Core District (DUCD) is cited as a special district in the draft Comprehensive Plan. The DUCD boundary is identified in the Comprehensive Han's Future Land Use Plan. The general planning focus for the DUCD will be to identify opportunities that create a unique, diverse and recognizable area, with new development and activities enhancing its function as a desirable place to work, live, learn, and play. It is also important to develop a land use and urban design plan for the future of the Downtown I University Core District as an element of the City's Comprehensive Plan, which will provide guidance and direction for both public and private decisions affecting the District. Because the DUCD includes a large area of land with many diverse uses and opportunities, smaller area plans within the DUCD will likely be necessary. These plans will be action- oriented, creative, visionary and realistic in scope and shall use input from merchants, business persons, city government, neighborhood organizations, property owners, tenants, residents, the Universities and other community organizations. Public and private actions and expenditures to upgrade and preserve the character of the DUCD area, emphasis on pedestrian traffic, local public transit opportunities, linkages with the Universities, ctc. will also be included in these smaller area plans. t A district plan is proposed as the first step to address district-wide issues, identify sub-districts (small area plan boundaries) Prithin the district, and develop strategy to coordinate the sub-district plans. The planning strategy for the entire DUCD will recognize the unique aspect of the original downtown area as a special purpose, high :,lvity center for the City, and extfnd outward to areas that connect to atd complement the downtown. Planning efforts will be focused on preserving, enhancing and improving the surrounding neighborhoods, residential and non-residential areas as a means of strengthening the image and viability of the Downtown / University Core District. Furthermore, restoring vigor and diversity by setting the stage, tone and direction of future land uses, parking, tratlic, sheet and visual environment will be the purpose of the district plan. By encouraging the appropriate mix of land uses, people will continue to be motivated to visit Downtown. Transportation planning will be a major district plan a mponent, serving to link sub-districts via car, bicycle, transit or pedestrian systems. Staff has identified eight "sub-districts" within the Doi rotown I University Core District that are mcoani red as having some common, identifying character. These sub-districts help to define the r downtown and are distinguished from one anolherby a number of factors includ;ng land use, st rectscape, building character and intensity of development. A brief description of the possible sub-districts is provided as follows: 4 t Sub-Dlaidel l: Downtown Sguare The Downtown "Core," which includes the Square, is the most urbanized area of the Downtown- University Core District. The Downtown Square Small Area Plan is the focal point of the district. This sub-district is the link between UNT and TWU. The Square is, by both design and use, the historic central business district. Retail buildings, maximum building coverage, two-and three-story building heights, formal plantings, street furniture and several historic buildings characterize the Downtown Square. It Is the heart of the community, the central hu5 for a variety of public services, financial institutions, cultural, recreational and community activities. It is a major shopping area, a major office and service center, and a.place to live. The Civic Center Park is also located in this sub-district. The Srowth of new commercial centers in the community and region threatens the prominence of i Dom ntown rctailirg. However, the presence of the Texas Main Street Program in Denton in the last 10 year has manag:,l to positively affect development activity in the Downtown area. A series of projects have ret rscd or are helping to reverse a pattern of physical decline in the Downtown area following the H 5 campaign to restructure the Courthouse on the Square, Utility lines have been burial and the - rrbs reconfigured to inchvde comer extensions and ramps, exterior lighting on buil4,ngs and in th., Irces have been added; tine Texas Building was complclely slip-covered and the Square's Campus Tha:,tcr was renovated and opened as a live performance venue in 1995. Downtown area events attract tens of thousands of visitors each year, adding to the vibrancy and vitality of the Downtown University Core District area. In addition, the Downtown Square Streetscape project coordinated by the Parks and Recreation Departnie,.t is presently under negotiations and is scheduled to begin early 2000. This project is designed to support the resurgence of the square and surrounding area, enhance the pedestria attems around the Square and to site accessories that will support the distinctive character and sense of place. The concentration of retail business functions around the Courthouse Square is a strong physical clement in the organization of Downtown and the development of the Courthouse Plaza is an appropriate starting point to begin improvements in the core downtown area. The Downtown Square sub-district is a major center for culture, entertainment and recreation in the community and region. An Arts Corridor linkin8 the Visual Arts Center with the Courthouse Square and major vision connections between the Universities and the Downtown core will be explored. Sub-district 2: South Elm-Locust Corrldor and Carrot! Boulevard (Bast) Sub-district 2 contains a mix of uses. It is an area orpublic and private buildings, small businesses in renovated homes, with lawns and trees. Special planning emphasis and attention will be given to the auto-oriented service uses: used car sales, lire shops, muffler shops, repair shops, parts stores, etc. in this area. Because of these uses, the aesthetics and traffic access of the Elm-Locust corridor will in all likelihood be a primary focus of this plan. Sub-dWrict 3: Carroll Boulevard (!l est) Resldrntla! A This is a quiet tree-filled neighborhood of traditional si,igle-family residences, This close-in residential neighborhood is low density in character and typified by tree-l;ned streets, There are a few loA-intensity office uses within this sub-district. Preservalion and renovation of the single-family homes in this area and protecting the mature natural environment from future commercial encroachment will be a major consideration for this future small area plan. I s I Sub-district 4: North Elm-Locust Corridor and Carroll Boulevard This neighborhood area consists primarily of single-family residential homes. The commercial boundary follows along Elm and Locust Sweets. The pattern of development and land use is highly mixed and varied: office (dental, medical and professional); retail; service; restaurants; as well as housing. On either side of and within the commercial boundaries are located small and moderate-sized apartment complexes, single family residences and small businesses. Neighborhood revitalization strategies for tha residential areas will be examined. A high priority for this small area plan will focus cn developing strategies that will enhance and reinforce the residential character of the neighborhood, revitalize and rehabilitate the homes in this area while protecting the integrity of the interior neighborhoods from through traffic. The plan will also explore strategies within the neighborhoods that are conducive to walking, bicycling and transit use. Through-traffic circulation from Carroll Street and Elm and Locust may adversely impact the residential fabric and integrity of the neighborhood. The interior street network should enable pedestrian and bicycle connections with other neighborhoods and prevent short cuts by non-neighborhood traffic through local neighborhood streets. The Austin-Locust Corridor in this sub-district will be considetcd for a Conservation Dislrict designation, The small area plans for sub-districts 2 through 4 will focus on Carroll Boulevard as a primary major arterial providing for the north/south movement of traffic through the Downtown area. Maintaining thoroughfare flow is a priority for these three sub-districts. Existing strip commercial/retail ` development along Carroll will be addressed through urban design strategies to minimize traffic disruptions and future strip development along Carroll Boulevard will be discouraged. Snb-district 5, Fort Isorrh Drive Corridor Ft. Worth Drive is a major entranceway/corridor into the heart of Downtown Denton. As a major transportation corridor, its appearance can influence impressions of Demon's local and regional image. This entry portal offers many opporturAics for locating major businesses due to its proximity and accessibility to 1.35; available infrastructure and land use pattern. If planned appropriately, the Fort Worth Drive Corridor can attract a number of desirable industries and businesses into the community, thereby achieving an important public purpose by promoting primary and secondaryjobs and enhancing the local economy. The widening of Fort Worth Drive east of 1.35E combined with the new strcetscape of trees along the utcdian, provides a more accessible Wtd scenic entrance to town. New developments like the new Homc Depot will be enck uragcd in this area to sent as an economic booster for Denton. However, Iraflic access to these new developments and the existing developments in the area will need to be carefully designed and developed to minimize the traffic impact on and off Ft. Worth Drive and 1.35E, A rcw issues include signage, location of outside storage, off-street parking, visual acstbetics and enhancement, strip commercial devclopme t and traffic access. Small area planning efforts for this area will identify policies, guidelines and ucsign standards that will ensure a harmonious and continuous strectscape that is attractive and unique to this entryway corridor. The plan will focus on comptctc design treatnient of the area and minimizing the visual impact of service functions by incorporating these functions into the overall development design. Improving traffic flow, upgrading appearance of businesses along this heavy commercial strip and increasing code enforcement to protect upgrading cf forts will also be included in the plan objectives. Integrated site design requirements and positioning of building policies that focus on internal circulation and less strip development will be evaluated, 6 Sub-district 6: Bell Street lndusirlal'ComXtrelal Corridor This sub-district is a mixture of commercial, governmental, and industrial uses. The Union Pacific railroad runs north and south through this a•ea, causing temporary congestion at local crossings, Bell Avenue serves as the major arterial providing for the north and souti, movement of traffic to downtown and Texas Women's University. Located within this sub-district is tontaincd one of the two major industrial sites in the DUCD. Morrison Milling, a grain product processing plant is located on N. Bell Avenue. This industrial site produces heavy truck traffic and congestion on the Bell arterial through tow n, A high priority for this sub-district will be the transportation linkages to the dt wntown area, the probxlion of southeast Denton neighborhoods from commercial and industrial encroachment, relieving congestion on Bell Avenue, and aesthetic enhancements. $Seb district 7: Universiye[North Texas A Sub-distria 13: Texas Womens Unhversity iTll'Ul The University of North Texas and Texas Women's Univcrsi'y are within a few blocks of the retail core of the Downtown area. With their combined student population of and employees, these two universities provide an excellent market to the Downtown University Core District area. Students living in off-campus housing spend hundreds of thousands dollars each yea on food, lodging and incidental expenses. The direct impact of tike students upon the area is notable, The two universities in Denton positively influence Denton's image and marketability. These universities contain a number of recreational facilities, gotf courses open space and park lands that are t not gully utilired by the community. The level of community inwraction with the universities can be enhanced and strengthened with neighborhood and transit linkages. University hous'ng, down town transit, marketing (tax base), visual and physical linkages connecting j the universities with the Downtown will be identified in the small area planning efforts for these sub. districts. Development of pedestrian pathways and access systems designed to connect the u,.i%crsitics. dow ntow it. civic/arts center, and residential and commercial areas to cut down on depcndeuce of automobile travel will also be explored. Sub-district 8. Orvalet~.4ddirie- The pre-dominant land use in this area is mutti-family housing, Student and low-income housing characterize tine tenant population. Primary issues include code enforcement, area aesthetics, safety, solid waste and blight. Planning (forts will also focus on institutional factors like enhancing family lift, education, recreational oullcts'parks and constructive youth activities. Sttb-dislrlct9, UVTStudeal 11ousingTransitionalArea here is u mixture of land uses in this area. While single family residential housing is the predominant wind use in this area, at -mbcr of the residences have been converted for student housing purposes, there arc a few low-density multifamily apartments within this district as well. Thcre is a small pocket ofcommercial general retait uses: cafe, flower shop, and convenience store in the area. r, i'lanning efforts for this area will focus on preserving this area as a transitional area between UNT student housing and the single family residential area north and east of this sub-district Sub-district 14: UNt Student Housing Area Multi-family housing is the predominant land use in this sub-district. There are a few UNT owned huildhryq and student parking'.ols in this district as well. The IOOF cemetery is also Ixatc,t in this t c sub-district. There is a limited amount of single-family housing dispersed throughout the multi-family housing. The tenant mix of the multi-family and single family housing units is nearly all UNT students. The small area plan for this district will focus on encouraging infill and new high-density student housing construction to locale in this area and in the UNT support areas. Sub-district ll: UNT CommerclaURes dendal Su pnorif A This sub-district contains a variety of land uses: commerciaUgeneral retail, single family and institutional. The area's southern border is a portion of the 1.35E corridor. The majority of the commercial and retail uses are located along the 1.35E border. There are a few vacant parcels within this sub-district. Key planning priorities will include providing medium to high-density residential development for students and close in housing opportunities to the downtown for professionals, developing a neighborhood/community activity center for the retail and commercial uses along the 1- 35E boundary, minimizing traffic impacts and enhancing the existing visual and environmental character o f the area, Sub-district 11:1.31 E Corridor A mixture of land uses characterizes this sub-district: institutional, institutional recreation, multi- family, commercial/general retail and agricultural. A portion of the 1.35E Corridor comprises the southern and western boundary of this sub-district. Small area planning issues will include enhancing the visual aesthetics of the interstate condor, new development compatibility standards along the corridor and agricultural land preservation Subdistrict 14: Dallas Drire and 1.35E Corridor I This sub-district makes up the southern tip of the DUCD, and is comprised of commercial, residential, industrial and vacant land uses. This sub-district extends across a portion vfthe 1-35 E corridor and is lined with ip commercial development to the south. Land owned by the Acme Brick Co. is the second industrial use in the DUCD and makes up the largest parcel of land in the sub-district. There is a mixture of convenience retail and a variety of fast-food restaurants to accommodate 1-35 E travelers. Future small area plans for this sub-district will address the issue of vacant land and vacant commercial properties as an opportunity for new development. Enhancements to the existing strip commercial development, the creation of a regional commercial activity center, visual aesthetics, and traffic access solutions will also need to be identified, This area is a gateway to the core of the DUCD. Main wining and enhancing the character and Identity of these districts Is important to malwaining the uniqueness and economic viability of the Downtown area. Connecting these districts visually and physically to convey a cohesive and marketable Image Is also Important. i B. OVERALL PLANNING GOALS: In developing the DUCD Plan, overall District goals will provide initial guidance: ~I • Identity and confirm smaller sub-district boundaries. e i Introduce infill housing and development in neighborhoods and the Downtown that is sympathetic with the architectural characteristics of existing housing and development. j1 1 s t, c. t • Encourage linkages between all community facilities including the two Universities, the library, recreational facilities, open space amenities and the Downtown. • Build a strong public/private partnership in D!strict- UNT, TWU, merchants, City of Denton, neighborhood residents and properly owners. • Develop and maintain a multifunctional downtown. Downtowns with diverse functions and activities will attract a greater volume and range of users at different times of the day and week. Increase tar base and economic diversity. • Build on existing assets and strengths to best enhance and expand these assets. Explore the visioning process further to identify the strengths and the range of opportunities that can be implemented to make the downtown even stronger, s Enhance and preserve an identifiable sense of place that reflects the community i heritage and is attractive, pedestrian friendly and unique. • Promote the expansion and redevelopment of existing buildings for mixed retail, office and residential uses and to expand the tax base. • Promote facilities for off=street parking. • Preserve the historical and architectural character of the buildings and facades. P Develop creative financing r^echanisms (TIFs, PIDs, Conservation Districts, etc.) for building p;eservalion and m iabilitation. • Support and develop design criteria including visua: assessments of all elements of Downtown and surrounding districts. • Provide a mix of housing types for all income levels, family types and age groups with a variety of prices and rent levels. Protect stable residential neighborhoods' adjacent to the Downtown from comr iercial encroachment. Housing in the dowmtowm and nearby neighborhoods should be enhanced and revitalized and the needs of the residents for goods and services comfortably met by Downtown businesses. • Concentrate student housing near universities to reduce vehicular traffic. Integrate ails and related cultural activities in the Downtown University Core District planning efforts. r As a 9 G C. PROJECT SCOPE OF WORK AND SCHEDULE The project scope of work for all of the sub-districts will include the same phases Identified below. The timeline for the development of each sub-district small area plan will differ and is included as a separate attachment. Phase 1: Project Initiation Task 1.1 Survey planning area Task 1.2 identify stakeholders and key community leaders Task 1.3 Draft public participation mlan (outreach and notification strategies) Phase 2: Ilasellne Information/Public Opinion Analysis Task 2.1 Set-up preliminary meeting with key leaders to identify preliminary issues Task 2.2 Assemble team based on preliminary issues identified and discussed Task 2.3 Collect data and develop area profiles Task 2.4 Conduct formal meetings with area stakeholders to survey and prioritize strengths, weaknesses, opinions and perceptions of the area. Phase 3: Develop Key Coals and Policies/Produce and Analyze Alternative Urban Design Scenarlos 1 ask 3.1 Conduct round table discussions to formulate long and short-terns goals and identify visions for the area. Task 3.2 Identify design alternatives Task 33 Conduct Urban Design Charette to review alternative design scenarios I Phase 4: Produce Draft Plan and Implementation Strategy Task 4.1 Develop draft district plan Task 4.2 Illustrate alternatives and selection criteria Task 4.3 Design implementation program Task 4.4 Articulate the Plan to the community Phase S: Plan Adoption Task 5.1 City Council Work Session Task 5.2 Planning and Zoning Commission public hearing Task 5.3 City Council public hearing and final adoption Phase 6: Plan Monitoring and Evaluation Task 6.1 Monitor and track implementation status \ r 10 C' G 1 D. KEY ISSUES There are a number of preliminary key issues that staff has identified that will be addressed during the development of the Downtown 1 University Core District Plan: • TRANSPORTATION I TRANSIT I PARKING • REDEVELOPMENT 1 ECONOMIC DEVELOPMENT • SUB-DISTRICT CONTINUITY AND COHESION • LAND USE ISSUES / DENSITY I STUDENT HOUSING • LINKAGES WITH EDUCATIONAL INSTITUTIONS i • PROTECTION OF EXISTING NEIGHBORHOODS a REGULA'I ORY / ZONING ISSUES - Zoning-related issues will be addressed concurrently during the 3cvelopment Code Rewrite, and will directly affect the District Plan. F. IDENTIFICATION OF TEASI ROLES Lead Departments: Transportatior I Engineering Planning & Development Economic Development • Main Street Parks and Recreation Technical Support & Plan Facilitators: Small Area Planning Additlonal Technical Support: To be determined As r.. f i Il G EXHIBIT A.1 3 Dm~ Uokwshy Cam SudWs 4b 0 oowNr~nuwwrpow1►Orws..r.w® nrsweip ws-, ® Fry MW 44 Am FM k.Ay Co 0"*Wrr OMMMin6ry s4s r X=mm AK ^----JM01w1t MaUfIp1 if 12 1~ n+ts wo" A i I i J' FX,, ..*Wort MR Ir it . b twer Wraer ndcei wwre II CREPOINT roar »A[ °a`e' 'l f r ore ~ ~h- - TM~ pit ~i i • rlwree ~ ~ r, • ~1 iii-------+«re+e-- X WTA r 71 i r ALI 12 l~ Sv a s o I~~ ro~ a~ Q mom AMM e f999 :000 r2l Marel April bi~a4y,t' ; ;iMe r Jal; E" October November f)reesber Jaaelary; , Fell ~,c 01 Phase I: •Arajcd t9 Inisiation Ix H Phase 2: - j •8ascline Inror Public Opinion , Analysis N Phase 1: Kioals'Pulicia •Ahcmaure Scenarios Phase 4. •Ihaft Plan • Implementor ion Phase 5: •Plan Adoption Phase 6: - - •bluniluring ar - I i EXHIBIT A DRAFT SCOPE OF WORK - SOUTHEAST DENTON SMALL AREA PLAN s A. PROJECT OVERVIEW AND GENERAL APPROACII The Comprehensive plat} Iecobhizes that the Southeast section of Denton also lytj ires special attention. The ed!'acent reslJchlial neighborhoods In Ott~ttheast P nlon con~nbulelo the goality of Downtown as well. l1lgi~saipping and enhancing the Itva6ility of these nei$hb -hoods is important to the future economic bealth of the Downtown-University Core District and the City of Denton, The Southeast Denton planning area is irregular in shape, and is not well defined. Area land use paitems are mixed with single-family being the predominant land use. Mixed commercial industrial activity ;s typically located in the northern and western portiolti of the proposed study arci, with industrial uses bordering along the areas central weslem edge and in smaller pockets closer to Woodrow Lane near Kerley Street. This older neighborhood offers many advantages especially for diverse residential development. The Small Area Plan for Southeast Denton Will focus special emphasis on providing protection from industrial and commercial development encroachment to the south, east and west. The existing land use plan also reveals a large supply of vacant lots in Southeast Denton. These vacant lots cause problems represent redevelopment opportunities. The Southeast Denton small area planning strategies will include an extensive program that focuses on housing rehabilitation and new infilI construction on vacant lots. Because of the number of vacant houses that are in poor condition, and the number of vacant lots, ahousing rehabilitation and infill program will be discussed with neighborhood 1 residents. A housing condition inventory (see attached sample inventory sheet) will be conducted and included as a component of the small area planning process for Southeast Denton. Other potential Southeast Denton Small Area Plan issues Include: ♦ lwritston of nonresidential land uses that displace former neighborhood residential areas. ♦ The elimination of other types of blight, through renovation or demolitik t, ♦ The role of the Phoenix Apartments and property, owned by the housing authority and located near the center of Southeast Denton. ♦ Long-term maintenance and upkeep of private property. ♦ Enforcement of housing, building and environmental codes. Neighborhood residents will be asked to discuss and identify code enforcement priorities. ♦ Public improvements, such as drainage channels, streets and sidewalks. ♦ Neighborhood service needs, including nonresidential land uses that could provide needed retail ~r services, or neighborhood business and employment opportunities, A~ * ♦ Relationships with the Denton Housing Authority, the Denton Independent School District, the County, the City, financial institutions, housing assistance and human service agencies, and other organiia ions . l4 it I ♦ Crime and safety. The Southeast Denton community is a fairly large and diverse community with people who have different needs and different issues. It will be difficult for the whole community to reach a consensus with regard to its direction. Since successful implementation is dependent upon reaching a consensus, it will be important to plan at a more detailed level so that people with mutual interests can work on issues or common int., est. Similar to the Downtown University Core District, the Southeast District boundaries, at present, include a large portion of land. Planning efforts to refine and confirm the study area boundaries will rely heavily on the participation and involvement of the southeast residents. It is important that this community gets involved and takes ownership in the planning for Southeast Demon. The ne;ghborhood will be largely responsible determining the extent of the Southeast Denton planning area eventually brought to P&Z and City Council for review. B. OVERALL PLANNING COALS: Preliminary Southeast Denton Small Area Plan objectives include: Reduce Crime/Improve Social Climate • Elim..,ate Blighted Conditions e Create specific planning areas in the community designed to empower residents ■ Create ConscrvationlRedevelopment Areas in need of protection from incompatible land use changes and deterioration Develop new in-fill housing • Introduce new Single Family housing developments • Increase homeownership opportunities (either existing, new or first-time) JI C. PROJECT SCOPE OF WORK AND SCHEDULE I The project scope orwork for the Southeast Denton is identified below. The timeline for the i development of the Southeast Denton Small Area Plan is included at the end of the scope, Assuming that the Southeast Area is not further divided into sub-districts, the estimated time for completion of the small area planning process is 10 months. Phase 1,• Projecl Initiation i Task 1.1 Survey planning area 1 \ r Task 1.2 Identify stakeholders and key community leaders Task 13 Draft public participation plan (outreach and notification strategies) Phase 2: Basellue Information/Public Opinlon Analyst is t Task 2.1 Setup preliminary meeting with key leaders to identify preliminary issues and to identify study area boundary Task 2.2 Assemble team based on prelimin:.y issues identified and discussed Task 2.3 Collect data and develop area profiles Task 2.4 Conduct formal meetings with area stakeholders to survey and prioritize strengths, weaknesses, opinions and perceptions of the area. Phase 3: Develop Key goals and Policies/Produce and Analyze Atternatlvc Urban Design Scenarios Task 3.1 Conduct round table discussions to formulate long and short-term goals and identify visions for the area. Task 3.2 Identify design alternatives Task 3.3 Conduct Urban Design Charelte to review alternative design scenarios Phase 4: Produce Draft Plan and Implementation Strategy Task 4.1 Small Area Planning Staff draft plan Task 4.2 Illustrate altematives and selection criteria Task 4.3 Design implementation program Task 4.4 Articulate the Plan to the community Phase S: Plan Adoption Task 5.1 City Council Work Session Task 5.2 Planning and Zoning Commission public hearing Task 5.3 City Council public hearing and final adoption Phase 6: Plan blonhoring and Evaluation Task 6.1 Monitor and track implementation status E. IDENTIFICATION OF TEAM ROLES Lead Departments: Community Development Code Enforcement Transportation and Engineering Technical Support & Plan Facilitators: Small Area Planning Additional Technical Support: Denton Housing Authority rr~ r \ r. Denton County f 16 l I' I i F EXHIBIT 8.1. -niwr~ . c~eae South East Denton pin o- District Boundary - y _l i k IINR Vii" 4 I ~ • mow. ~ [,.a POOM 11 ' IMA7'W .n wvj j C~Otjm 44 , C• 1. - i enec M -IOMNe-- iv "°"ur` l 49 iA ~ nNaA h „rma Oro ~mow-_- 4 Haan min ~ ~x . J+ ORT raaea---` f A~•10 G 17 t i iF V Y~M AM VOR MAF Jasoory Pebroto MR,eb Apra ` Msy laal Jdf silt Qe} wblf i llseew i Phase •Pro}ett , Inilialiun a Phase 2: y •llasdine Info/ I~ Public Opinion Analpis Phase J: •r+uily'Pulicin •Ahrmative Sunarim i Phase 4: .Oran Plan • Impl cmcma iun Slralcpy Phrase S: .Plan A61ption I Ph Ise W ~ •MuniWrlna I t >;xxsesT 8, 3. HOUSING CONDITION INVENTORY a UTYOFDEN70N TEXAS IIIvcnn'n,0wrx>a:orI trly rrwoiiev o~X~.trwniuva:re SwR Area Plmwing Stetson ADDRESS OR LOCATION Lot Block Addition Tax M PROPERTY INFORMATION OCCUPANCY (Check onef Historical Inventory: Occupied: Zoning/Land Use: Vacant (Boarded up): For Rent or Sale? Vacant (Open access to structure): Circle One 1'49 N2 STRUCTURE LPF 71swabnypowirtion CT PROPERTY CONDITION Non-Residential Structure I rnishings, trash. Single f amity 2 etc. in the building? _ Duplex 3 of the building It, Mobile Home (Travel T railer) 4 danger of collapsing? Apartment: c. Is there a grass and weed violation? _ 3 to 7 units S d. Is there a trash and debris violation? 8 to 20 units 6 e. Damaged by fire? 21 to 50 units 7 51 to 100 units 8 over 100 units 4 Apartment name, if any t EXTERIOR STRUCTURE CHARACTERISTICS (Rate every litin [See page 2 for deAnidons of each catgggW Circle Chre Good Needs Minor Needs Major Dilapidated Repair Repair A. Appearance; Strcetand Sidewalks 1 2 3 4 a S. Appearance Lawn and Landscaping 1 2 3 4 C. Condition: Roof 1 2 3 4 D. Condition; Eaterior Wills 1 2 3 4 E. Condition: Porch and Entryway t 2 3 4 F. Condition: Doors and Trim 1 2 3 4 G. Condition: Windows and Trim I 1 3 4 it. Evidcnceor Eleclrkity 1 2 3 4 I EvldenceofPlumbing IWater 1 2 3 4 lnspeeted by: Date 19 c DEFINITION Good - Overall, the building appears sound and in good repair. Needs minor repair. Some damage to or missing shingles, trim and other nonstructural elements. Minot repairs are clearly needed. Needs major repair w Roof elements, walls, doors, windows, porches or trim are bowed, separated or sagging. Finishes and attactunents arc to poor repair. Screens, gutters, trim, shingles, or siding boards and glazing are missing or substantially damaged. Dilapidated Structure is in critical disrepair, abandcned or near abandonment. OTHER COMMENTS / SIMIMARY: I , inspWed by: Date {fry' i 20 c i i Apettde M~, 3 Apetide Item t7~te AGENDA INFORMATION SHEET AGENDA DATE; August 24, 1999 IMPARTMENT: Solid Waste ACNI: Howard Martin, 349-8232 SUBJECT: Recek c a report and hold a discussion concerning the status of activities related io bulky items. BACKGROUND: Last year, the City Council adopted an tunendment to the Solid Waste Ordinance relating to bulky items, unauthorized use of Haste containers, adequacy of service, and contamination of recycling sites. Upon aduption, the City Council instructed Staff to monitor the effectiveness of the new ordinance. Staff determined that the portion of the ordinance relating to bulky iterrs was not as clykctive as had been desired. To address the need for mechanisms that would rid our community of this blight, all commercial customers were invited to a public meeting held on June 6, 19Q9, at the i 0wsley Community Police Station. Approximately 50 customers came to this meeting in which the issues were discussed and possible solutions identified. Three commercial customers Here appointed to serve on a committee consisting of representatives from Keep Ihnlon Beautiful, Code Hnforcement, Solid Waste, and Legal, with Grog hedges of the Denton Police Department ' acting as the group facilitator, After several meetings with co nmittee members, modifications to the ordinance and procedures were developed and presented at three additional public meetings to receive feedback from our customers. She ree nmcndaticons art summarized as follows: • Move the collection day to the first veek of each month so that it more closely coincides with the move-out patterns of enants. • Continue ur provide a monthly collection, but increase the number of bulky items, which will be collected at no additional charge from four (4) to eight (8), Appliances, which do not contain CPC's and PC'B's should be considered as bulky items and collected with no additional charge on the collection day. If the customer has arranged for proper removal of CF(" s/PCB's and can provide documentation then these items should also be collected at no additional charge. Appliances containing CI'C's:'PCB's should be called into the Solid Waste oflice and a charge of S20 per item should be levied to recover the cost of C'PC's/PC'B's removal. i t I I~ ♦ C'ustumers must call the Solid Waste Department at least 46 hours before tho first Thursday of each month to receive the free monthly collection. ♦ UAomers engaged in a business associated with the generation of bulky items are ^xcluded from eligibility for collection at no charge. ♦ Bulky items unlawfully dumped upon your property must be taken to the Landfill or removed from view of the public street of right-of-way until the monthly collection date. ♦ The presence of bulky items in the right-of-way beside a dumpster not within the 49 hours of the scheduled collection will be collect:d and billed to the properly owner at the rate of $35 for the trip and $10 per item. Failure to pay the fee can result in issuance ofa citation, reporting to credit agency, or discontinuation of service, ♦ Items tell outside of dumpsters such as bags of trash and other waste items will automatically be collected at the rate of $35 for the trip and $10 per item. Solid Waste will continue the policy of increasing sen-Ice or size of containers to deal with inadequate service on an as needed basis. ♦ Solid Waste dumpsters at multi-family residences should be moved off the curb and onto the customer's property wherever feasible even if a parking space has to be sacrificed. ♦ Customers may haul bulky furniture or household appliances, which never contained CPC's or PCB's to the Landfill at no additional charge. a The committee recommends an extensive nodilleatio.r process similar to the process used with the original ordinance adoption. I low bulky items will be handled in the interim period prior to modification ofihe ordinance; A letter will be mailed to all multi-family commercial customers advising them that the existing o rdinance will be strictly enforced, Bulky items placed beside the dumpster will be collected and the g l en willbc placed tagainst the properly. A citation will also be issued or failure to comply,ent a 0 TIOLN : K IA ILECU:LIMENDATIONc \ c N/A r j f i cESTIMATED SCHEDULE Off' PROJECT: N/A PRIOR ACTION/REVIEW (Council. Boards. Cornmtssionh Ordinance 98.299 was adopted on September 15, 1998. FISCAL INFORMATIONt Pass through fee to customers. Respectfully submitted: j .kk~-,r Charles S. Watkins Director of Solid Waste E Exhibit is Letter to Apartment Customers Exhibit 2: Ordinance # 98.299 a f ~,i r• lif a,jr~\ Al r i , ill 1 CITY OF DENTON, TEXAS MUNICIPAL UTILITIES Kl-A Tease sbeet Derdcn, Tx 70201 Teiepnbne (94u) 3+9-ea20 ' FAX (940) 3447.103 SOLID WASTE DEPARTMENT August 17, 1991.1 t Dear Property Owner: As the property ownerlmanager of a mufti-family development, the City of Denton Is asking for your assistance with the removal of Items around dumpsters. As you may remember, on June 7, 1999 the City of Denton Solid Waste Department invited property owners and managers of multi-family developments to participate in a discussion regarding this growing problem. The Polloe Department, the Legal Department and the Code Enforcement Department also participated in this meeting, By the and of li meeting, three individuals agreed to represent mufti-family devolopments within the city. Following several meetings with the representatives, several viewpoints were Identified. These included; s Trash and fumiture that are left outside dumpsters are unsightly s Fumiturs and trash that are placed outside dumpsters present the perception of neighborhood decline s Deterioration of the neighborhood will occur unless it Is stopped (See attached 'Broken Window Theory') s Placement of trash and debris by dumpsters result In the dumping of more waste on the surrounding properties s Off-site property managers and owners should patrol their properties more often; and s Enforcement should be increased Yrth the goals of the committee In mind, the Solid Waste, Legal, and Code Enforoernertt Departments request that all muft4amily property ownerr and/or managors follow the poky for removal of household furniture, bulky hems, appliances, or exossst 3 garbage. This Includes the following options: s Take all bulky household furniture to the Landfill at no charge i s Appliances may be taken to the Landfill for a charge of $10 per appliance, or you may cal the Sold Waste Department for collection of appliances at a charge of $10 eadi 111 s increase the size of your dumpster to accommodate all trash that accumulates around k; or s Contact Solid Waste (349.8420) to get on the schedule for the monthly collection (eight bulky items or less collected at no charge, $10 for each Item over eight). Items cannot be placed on the curb adjacent to your dumpsler(s) before 48 hours of the pick-up date. To help In meeting the goats of the committee, effective Monday, August 30, 1999, the Code Enforcement Department win automatically pick up all trash and debris left outside a dumpster more than 24 hours. The + property owner Oil be assessed a removal fee and may also be fined or have solld waste service Incroased , at the zvstomees expense, We ask that every property owner and manager assist us In impro%ng the I appearance of our city. This policy will continue until we have revised the current Solid Waste Ordinance per the Citizen Bulky Item Committee. Ali Commercial customers will be notified of ordinance changes at a later date Please do your part to Keep Denton Beautifull 4 1r - r I f. I I Aug•19-99 03248P CITY Or OENTON P.01 ' II Cis" ■nferootlaot►g and Comemounky AildnwNs uYou1 I N~ goo bor1 Red D+Mrtontlom The'Mek" Wbkisiaw nis", !i Developing a memo ul urder whkh JnuoYing property prntived to be advemltrnsa, not the ecsuh of 1 results hnm effective and timely rics!l rtrd andahandomed, &cause inaaorabit Wi6iforces art psmon. ; cede enforcement can help to a arh 4 wAS An eery rarprt, Ahandoned al failing. A rash of burplarin may the physical detniuution ul out pruptrty atn ,trd criminal bchav• occur becomes drug users have Inlet, 11 we senve Ilse in urdetly kor, and the eocm&onomk "I of found a back alley rte An Alum. urban environment thrivah such IN serAhbnrlvood Mond to have duped buildimg In whkh to tuna measucs at repairing, dilopidateJ ou Apprcciable Impact. cut. In thN1 opera tint, and in buildings, rcmoving trash and Deanibing the theory In the sailer to pet muory to buy drugs, )unk from vacant Into. and raplae. ArWeire Monthly an 1911, )ann they oral from their Maghbon. If inl t,roken window, we might Q. 1'alvun and Geurge L, Krlfng slot hx% alleys rot cleArod top and improve our OppOnVil lea it A wrtne shat 'social rcTdgk 413 the abandoned buifdings turn tutnmunity to manaAt the rru+rt and polkt ofh'rte rrnJ to agrre down. the drug ularatvilfgm tway. comploa social and economic that J a wintuw in a buddlog it They may own use fewer drugs, problems of homelessness, bmsuse they will have diF6• client. and p"e"T. cuhy, fedtty crMVtntenl deal How indaviduab reopnnd too and Icsh buollary to/Arts.' to poormT mAineetsance has Tills selatasnalJ betwetn ~ been ekverfy demAstrared in ► I eriww and ntighbnncogd d:te• ! An eapetiment by social Wien. i stamen is one of the kotgq Alas to tnr the hl"llocsn of lssrihcotiose fineAttunrrclm. i she 'aroken Wmduw The- b give code anfnrcemmr pm. J cry'., TAty left an Innptrahle Aram If left unaboted, abaa• 1 car parked no a Mtbt.c siren Junej bwkhw substandard in A high Crime neighburhtntd in bunken and se kh enropoitttl, all apanmento. and even graffm can New Vail City, luring the neat the rest td the wuotluws win Icon rigidly develop into public cow- few buurs they observed a number be brsken." Nrriferted pro l Mrt1 sanso threatening the public's `fE of penfoie vondohce and steal pans allowed in remain an such a cisi health and ratty. An aAMM16t from the car; and within forty. Winn k a I-i l Io the cu.tte umiry tole tnforcemtnt pnh;tom gin eight bouts the cu wit nothing chat no one urea Wtkmn and help to seduce eke I&khoud &I l more thin a awe. Keninp go tin to sum"i that dis• propertka wad, moot villla11ons They tepeated the ci perimerw N adet and orient ut inextricably will emmnhuu to a nelghoichr" a m or affluent rwighhorhaod in linked with the physkal eastron• baeomong worse. Cute eaforre• Ill Akn,CAldoonio.imlSunloid Itent at die community level. As sorest naalso help IoauMthepm. l/nlverury. Although more time they erplakted m a none mYSn Nbbtythat mora6lapidatedlimp. elapsed, the vt%Q atiemlil ob• article lit 1919..- take wsfl apeead rhrouebovt e strived the ante hehosma people '(A) lot tuf uznoua mime is wykfMVrhntrd avf ehnmwbry. It v 'grralen Wmdnws,' by James Q. Wilwa and Gtottit L. KelhnA, Ailentat AsuatMl, March 11011, 1 A I ' elinA bleytkMnhonJv Llr,' 6y )antes Q 1/'rhnra end renrge 1• Kell~ng, I daWe Mnarehty, ►IMauY 11H ' ~ / ~ A rotor Ewokumtm t. c n ORDINANCE NO.~ AN ORDINANC8 OF TIIF CITY OF DENTON. TEXAS, AMENDING CHAPTER 24 OF TILE CODE OF ORDINANCES OF THE CITY OF DENTON REGARDING SOLID WASTE; AMENDING SECTION 244 TO PROVIDE A DEFINITION FOR "BULKY ITEMS% AMENDING SECTION 24.5 TO PROHIBIT THE USE OF AN0711ER'S SOLID WASTE CONTAINER WITHOUT CONSENT; AMENDING SECTION 24-6 TO PROVIDE STANDARDS FOR TIIE PROPER DISPOSAL OF SOLID WASTE IN A SOLID WASTE CONTAINER ; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $300 PER VIOLATION; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICAI ION. T1 1E CITY COUNCIL OF TI IF, CITY OF DENTON, TEXAS I IEREBY ORDAINS: SECTIONL That Section 244 of the Code of Ordinances entitlc3 "Definitions" shall be amended to add a definition for "bulky items" which shall read as follows: Nelky iten+s means any household item that will not fit Inside a solid waste container when the lid on the solid waste container is closed Only items consistent with residential use, such as household furniture and appliances shall be considered Atrlky items. 5RCTIO L That Section 24.5(a) of the Code of Ordinances shall be amended to read as rollows: See, 24-5. Disposal of garbage, trash or rubbish only In authorize) locations. (a) it shall be unlawful for any person to dispose of garbage, trash or rubbish in any place in the city, other than as provided In this chapter or authorized by the city. No person sball place any solid waste in the solid waste container of another, unless authorized to do so by the person or persons who pay the charge for solid waste collection service S-CCM( IL That Section 24.6 of the Code of Ordinances shall be amended to read as follows: See 24-6. Iteceptacle for trash and rubbish. (a) Every owner, occupant, tenant or lessee using or occupying any building, house or strur.ture within the corporate limits of the city for residential or commercial purposes shall provide and maintain suitable containers or recepiacies of sufficient size and number to hold the garbage, trash and r lY ` rubbish whlch accumulates on the premises. (b) It shall be unlawful to place solid waste in, on, or near a solid waste container in a manner that does not allow the lid of the solid waste container to completely close with all the solid waste completely within the container, It 6 r: c, ~i shall be a defense to prosecution under this section if the solid waste placed next to the container was a bulky item as defined In Section 24.1, and if the bulky item was placed next to the container less than forty-eight hours before the time designated for pick-up of bulky items. (c) It shall be unlawful for any person who pays the charge for solid waste container service to allow bulky items to accumulate around the person's solid waste container for more than forty-eight hours. (d) the first time subsection (a), (b), or (c) is violated by an individual or a business, the city may Rend out a written warning notifying the person who pays the solid waste charge that if the violations are repeated then the level of service may be automatically Increased at the cost of such person. If the individual or business violates subsection (a), (b) or (c) a second lime within six months of the first violelior, the city may send out certified mail notifying the person who pays the solid waste charge that if a violation occurs a third time, then the level of service will be automatically Increased If the Individual or business violates subsection (a), (b) or (c) a third time within six monde of the first violation and if two warnings were sent to the person who pays the solid waste charge, the level of service may be automatically increased The written warnings and increased level of service are remedies in addition to any criminal prosecwtons which may be brought under this ordinance (e) Except as otherwise provided in this chapter, plastic bags designed for garbage, trash and rubbish disposal that meet standard city specifications and having it capacity of not more than forty (40) gallons shall be used and placed on the curb or alley and suitably protected from animals and vermin. All bags shall be securely tied or otherwise have all openings securely closed. Paper bags designed for garbage disposal and possessing characteristics approved by the Director of Solid Waste as being equal to the plastic bags described in this subsection or otherwise specified by the city may be permitted when placed on the curbline or alley and properly protected. Other containers or receptacles may be used where otherwise permitted under this chapter. w (f) the city shall furnish one hundred four (104) bags each year per individual family unit and may make available for sale additional bags to citizens of the city at locations designated by the city (g) The contents of trash or rubbish receptacles shall be secured so that neither the wind nor animals can scatter trash or rubbish over the premises or over the streets or alleys of the city. r. 7 t. A I $);CT[ON ly, That Section 2471 of the Code of ordinances shall be added and shall read as follows: Sec. 24.71. Disposing of recyclable nraterlals. It shall be unlawful for a person to place any non-recyclable solid waste In any recycling receptacle or to leave any non-recyclable solid waste on a recycling site. SECTION V An individual adjudged guilty of the provision of this section shall be guilty of a misdemeanor and punished by a fine not to exceed Five Hundred Dollars ($300.00). SECTION VI. That this ordinance shall be cumulative of all other ordinances of the city of Denton shall not repeal Any of the provisions of said ordinances except In those instances where provisions ofthose ordinances are in direct conflict with the provisions of this ordinance. SECTION V_1L That if In any section, subsectim paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance Is held invalid by any court of competent jurisdiction, such holding shall not affect the vAlidiiy of the reraining 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. i SWI ION VIII. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordip-rice to be published twice in the Denton Record-Chronicle, the official newspaper of tine City of Denton, Texas, within ten (10) days of the dale of its passage PASSED AND APPROVED this the IV day of JACK h~ LER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY. YW6.~yL 1 o APPR ED AS TO LEGAL FORSt i~ HERBERT L. PROUTY, CITY ATTORNEY t~ ; ; tr BY: i.~SltARE 11tALl0u~ DoeamrnbVOrJini rn14a~Solid Willie Bulky hemidot , a ~ nut' AGENDA INFORMATION SIIEET AGENDA DATE; August 24, 1999 DEPARTMENT: Utility Administration t1 ACNE Howard Martin, 349.82321ir(,\ SUBJECT; Receive a report and hold a discussion on the Lake Ray Roberts Water Treatment Plant cost update and 10-mgd versus 20-mgd plant construction. fLkCKGRQM' The consulting firm of Freese and Nichols, Inc. designed the lake Ray Roberts Water Treatment Plant (LRRWTP) In 1992, The population growth of the late seventies and early to mid eighties did not continue during the plant deign period, so the project construction was delayed. The I consultant prepared a probable opinion of co: t rot the construction of LRRWTP for 10•m4d capacity in 1992, This cost was estimated at 512,009,200. In 1999, the City of Denton decided to implement impact fees for water and wastewater utilities. To facilitate the implementation of impact fees, State law requires development of population projections, water demand projections, and identification of capital improvements projects based on these population projections for a 10-yea- time horizon. The time horizon for this forecast was from the year 1999 to 2009. The population forecast was prepared by the consulting firm Rust Environment & Infrastructure (RUST), To determine the future water demand based on the RUST population projections, the Water Department took the RUST data and modified it to reflect the future estimated population connected to the City's water system. Peak day water 1 demand projections were prepared for the normal, dry, and wet years for the projected population connected to the city water system. The population and computed water demand data are shown in Exhibit 11. A graphical representation of this data is shown in Exhibit III, i'he water plant capacity is designed to supply the peak day demand in any given year. The dry peak dcma.rd Is obviously greater and therefore is lised In conjunction with the nonnal day peak demand to determine iho plant capacity requirements. A pertinent summary of water demand data for the years 2001 through 1005 derived from Exhibit 11 Is shown in Table I below. r t i~ i t i Table I Peak Day Demand, mad Fiscal Year Normal Da 2001 31,70 36.45 26,30 2002 32,81 31,71 21,25 2003 36,02 41,38 29.93 2004 37.94 4157 31.55 2005 39.95 45,86 33.24 The Spencer Road WTP is rated at 28.9-mgd. Therefore, based on the above data, it is obvious that the 10-mgd plant criginrUy designed should be constructed immediately. The current schedule for the LRRWTP is to begin construction of a 10-mgd plant in Fl' 2000 with completion by the spring of 2002. However, the water demand data projected for the years beyond 2001 has made the Water Department staff pause and reflect on what is the prudent expansion of water production capability. Should we construct only a 10-mgd plant capacity now, xhcn the water demand projections indicate that another 10-mgd expansion will be needed in the next 3 to 4 year window? To answer these questions the staff asked Freese & Nichols to prepare updated construction cost estimates for a 10-mgd and 20-t,-gd plant construction. The consultant's opinion of probable costs Is shown below. Option 1 - 10-mgd plant, year 2001 513,647,987 f Option 2 - 20-mid plant, year 2001 520,094,834 Option 3 - 10-mgd plant, year 2001 $20881,784 10-mgd plant, year 2005 The above cost estimates are for plant construction only and do not include costs for engineering, survey, and inspection during construction. To build a second 10.mgd plant ir, year 2005, the City will incur additional costs for engineering, contractor mobilization, inspection, and fixing of existing site and roads damaged by the new construction. Staff has estimated this cost at 5400,000. With this $400,000 cost Included, the difference in cost between option 2 and 3 is estimated at $1,186,950. A prescnt•worth analysis of these three options was developed In- house. For the option 3, the analysis was done for the yeas 2006, 2007 and 2008 also to assess the fiscal impact if population growth projections do not materialize and the 10-mgd plart expansion at LRRWTP is delayed to one of these years. The present-worth analysis results are included in Exhibit IV, Based on this analysis, the present worth cost of a 20-mgd plant is r projected at $21,561,000 vs $21,773,000 for a 10-mgd plant now and 10-mgd plant in the year 2005. Dollars spent in amortizing the construction cost of these two options are S35,189,000 and ! $37,061,000 respectively. Dollars spent for the 20-mgd plant option are thus 51,872,000 less than the option of building 10-mgd plant now and 10-mgd in year 2005. 1 2 o t f Building a 20.mgd plant now has some Intangible benefits that are not reflected In the above analysis. These are shown below. 1. Elimination of risk associated with not enough water production capability if population growth exceeds the projected growth, as It did in 1998, and is likely to repeal in 1999 per the Planning Department. 2. Possible new stricter water quality criteria for new plant expansion, 3. Additional staff time for design coordination, construction management and TNRCC permit negotiations etc, For the LRRWTP construction, $17,060,000 was included In the CiP (see Exhibit IV). As a comparison, for Impact fee calculations $15 million was included for the 10-mgd, plant construction (to account for additional costs for possible Ozone treatment). Also, for the Hartlee Field Booster Pump Station (HFBPS) and System Tie-In, $9,595,000 is Included In the CIP (See Exhibit V1). The consultant's opinion of probable cost for the HFBPS and tie-in is $7,136,008, Summary of these costs is shown below, C2 Consultant Estimate Lake Ray Roberts WTP $17,060,050 $20,094,834 for 20-mgd plant llartlee Field BPS and $ 91595,000 S 7,136,000 for System Tie-in 60-Gffd static Total S 26,655,000 $27,230,834 The magnitude of additional monies required for a 20 mgd plant construction is not substantial. I The above data and present worth analysis Indicates that construction of a 20 mgd plant now is i favorable to the City In terms of cost, operational benefits, rnd the intangible but real benefits listed above. t Op71OtiS; 4 Option I; Construct 10 mgd plant now and 10 mgd expansion In 2005. Option 1: Construct a 20 mgd plant now. t ^ C RECOMMENDATIONS* The analysis indicates that construction of a 20-mgd plant will be favorable to the City. Staff is presenting this for discussion. PRIO$, ACTION/RFVIEW (COUNCIL, BOA_RDS,COMMISSIONI Presented to the Public Utilities Board at their August 23,1999 meeting, FINAL INFORMATION: Exhibit V - CIP Data Sheet, LRRWTP Construction Costs Exhibit VI - CIP Dais Sheet, HFBPS Construction Costs BID INFORMATION: None I MAP1 i Exhibit 1 Respectfully submitted; ~)Vm t3lotton~ w Tim Fisher, P.E. Assistant Director Water Utilities Exhibit 1: Location Map Exhibit 11: Peak Day Water Demand Projec dons Exhibit 111: Treated Water Requirements for Peak Day Consumptions Exhibit IV: Present Worth Analysis Exhibit V: CIP Data Sheet - RRWTP Construction Costs Exhibit VI; CIP Data Sheet - HFBPS Construction Costs r r' 4 I L H ill LAKE RAY O N' E { F SCALE 1 000 1 I< e s r' r IMrIIN Flea Read tleseMr FLrn/ stetl tl/IItON EXHIBIT 4 5 c r. I TABLE 3.6 CITY OF DENTON PEAK DAY WATER DEMAND PROJECTIONS NORMAL` DRY" WET*" FISCAL ACTUAL PEAK DAY PEAK DAY PEAK DAY ANNUAL YEAR (MGD) (m 0) (MGD) (MGD) RAINFALL ,VOR.11ALIZE0 V A L UES 1968 2317 2111 )f.9v 1816 35.56 1989 2012 2196 1611 1&88 41.71 1990 22,47 rl,0 21.04 10J! 3718 1991 23.47 2111 11.41 19.66 3719 1192 18.08 14.17 21.90 1912 45 22 1993 24 24 24.68 18,49 2411 36.21 1104 2031 21.41 29.36 2491 41.95 1996 22 75 21, 61 29.19 21.11 4263 1998 25 81 21.98 10.00 21.42 24,09 1997 24,76 2721 11,41 2143 44.55 1918 2044 .Ws J1a9 21.61 32.56 1999 29.56 34,04 24.47 2000 3082 3523 2537 2001 31.70 36.45 26,30 2002 32.81 37.71 2125 2003 38 02 41.38 2003 2004 37,94 43,57 31455 2006 39,95 45.68 33.24 2008 42 05 48.26 35.00 r 2001 44 25 6017 3845 2008 46,56 53.39 38.76 1 2001 48 OS 58.14 40.79 2010 $2.09 6913 43.41 2011 $206 60,12 4203 ,2012 54.72 63,18 46.11 2013 57,36 6623 47.29 2014 80.01 69.26 49.47 2015 62.65 72.33 6165 2018 6529 75 39 63.63 2011 67,94 76,44 56.01 2018 70.58 81.49 58,10 2019 73.23 64.54 60.37 2020 75.87 8760 82,56 (1r C 'NORMAL YEAR • 35 INCHES OF RAINFALL ANNUALLY "DRY YEAR • 27 INCHES OF RAINFAI.L ANNUALLY "'WET YEAR • 47 INCHES OF RAINFALL ANNUALLY CITY OF DENTON MUNICIPAL UTILITIES g EXHIBIT 11 c I FIGURE 3.4 CITY OF DENTON TREATED WATER REQUIREMENTS FOR PEAK DAY CONSUMPTION 90 r 0 90 DRY YEAR I- 10 I 27 OF RAIN 27" OF RAIN 70 ; - 20 a , 60 _ 1 30 50 - - - - - - I 40 40 so z z S 30 WET YEAR e0 • i 47" OF RAIN Pon 20 NORMAL YEAR i t~ 70 • ACTUAL PEAK DAY 36" pF RAIN v 10 PRODUCTION 80 I R FISCAL YEAR Possible Water Chortage KwA Ray Robeft Plant Capacity (MOD) Spencer Road Plant CoWAy (!dGD) M Annuat Rainfall (Inches) Total Available Finished Water (MGD) -Projeded Produdln Drought Year Peaking Factor (MGD) -M Projected Production Normal Year Peaking Fodor (MOD) ~Projeded Production Wet Year Peaking Fodor (MOD) 6 Adual Peak Day Production (MOO) _ XHIBIT III U i REVISED BONDS For Water Treatment Plant Construction 100tion t • 10 MOD In 2002 and 10 MOD later ion 2 M I IA I B I c-01 20 MOD 2005 2006 2007 2008 2002 2000 8,000 8,000 8,000 8,000 8,000 2001 9,880 9,860 9,860 9,860 14,307 2002 2003 2004 2,817 200S 2,817 2.915 2008 2.915 3,018 2007 3,016 3,123 2008 3,123 2009 Total 23,494 23,691 23,895 24,106 22,307 it ' I i 1 i EXHIBIT IV 8 t I i f i D*N Schedule Iur i% Ropene Water Troaln»M Plant bptlon 1A { TO MOD 2002 10'MOD 2006 Total NPV 2= 21102 2401 2QQ! Zip 2440 240E 21140 2 02 2410 2411 2412 241 Fuwra Capital Pgrolpal 22,464 400 a 893 093 1,034 1,175 0,176 1,175 I,i7S 1,175 1,175 1,476 1,175 Future Capital Intareal U" w 061 , txb 1001 037 1172 806 743 076 614 833 . 1, ,755 2,002 2,211 2,176 21111 2.017 1,412 1,910 1,133 4,738 Total Future Capitol 31,641 21,711 110 1,.. Option 11 10 MOD 2001 10 MOD 20DO Future Capital Principal 23,61 400 693 193 193 193 t,039 1,105 1,165 11185 1,185 1,185 1,185 1.105 Future Capital 1611ntl 11,111 440 000 01, 802 613 024 1,027 062 691 132 707 702 137 TMal Future Capital 37373 11,00) 110 1,853 1,8W 1,756 706 1,963 2,212 2,117 2,082 2,011 1,951 1,880 1,821 Option 1C 10 MOD 2002 10 !+100 700) Future Capital Principal 21,66 400 63 103 193 603 893 1,011 1,105 1,105 11105 f,195 11195 1,106 Future Capital Interal WIN 440 000 Oil 162 113 704 111 0!0 _ 021 85!! 792 123 601 Total Futuna Capital 37,801 21,664 I/O 1,633 1,004 1,766 1,706 1,657 1,925 2,161 2,111 2,053 1,987 1,021 1,6% Option 1 D 10 MOD 2002 10 MOD 2006 Future Capitat Principal 24,101 400 63 63 1?a 63 63 63 1,040 1,205 1,205 1,205 1,206 105 Future Capital Interal Mill 060 111 102 Iii 164 115 131 051 185 119 763 686 Tola1 Future Capital 31,026 21,!321 110 1,463 1,604 1,755 1,705 1,557 1,00! t,117 2,157 2,090 2,024 11951 1,80 c Option 2 20 MOD 2002 Future Cep4al Powpar 22,301 400 1,116 1,116 1,116 1,116 1,116 1,115 MIS, 1,116 1,115 1,115 1,115 1,115 Future Capital Intetaal 11.112 1,206 Ir11/ 1,`012 1.021 010 _ _.608W1_._.._ 116711653_ 691 6J0 Tnlei Fuwra Capital 36,16 2i,61 .P 2,320 2,26 l,16 2,135 2,075 0,0 11 f, 1,61 1,829 1,131 1,707 1,845 1 i c~ 1 ~f Na 2015 2m! 2D1r =a 2w 2I= 2023 2= 2a23 2i)2! 21]20 w 2w ma roue 1,175 1,175 1,176 1,175 1,175 1,175 1,176 175 262 262 262 141 23,494 649 464 420 366 291 220 161 01 u 30 23 6 33.666 1,724 1,859 1,695 1,630 1,466 1,401 1,336 672 336 320 30S t49 31,Oe1 1,165 1,165 1,165 1,165 1,105 1,165 1,166 765 292 292 292 292 146 23,691 511 506 441 316 311 246 150 115 72 66 40 24 6 330!2 1,756 1,691 1,6211 t,SW 1,495 1,430 1,365 000 364 316 312 310 154 37,373 MA i 1,105 11195 1,105 1,105 1,106 1,196 1,196 796 302 302 302 302 302 151 23,696 SOS 529 461 300 532 266 201 136 01 76 be 41 RS e_ 13.i9Q 1,700 1,724 1,em 1,593 1,527 1,401 1,396 930 393 376 360 343 X27 159 37,094 v ,,206 1,206 1.206 1,206 1,205 1206 1205 ws 712 312 312 312 '112 312 156 2006 620 654 407 12) 156 200 222 150 112 .9/ 17 50 41 26 0 33923 1,025 1,753 1,693 1.620 1,660 1,401 1,426 961 424 407-390 372 786 330 165 36,026 1,,15 1,115 1,116 1,115 t,11S 1,116 MIS 715 0 22,307 nA9 107 346 2SS 2?3 102 1, 2f01 6 1 70765 00 lam t, 1, 2 77 i r04 1,627 1.461 1,400 35,109 , c: F 1999 CAPITAL I%IPRU1 ENIh\T PROJECT 0 99-0450AV1 ►ROlTITLEr ICI RAY ROtiERT511T1'AND RAK'WATER FACILIT[ESlUlll ESTISLLTEDCOSTt SI173! (I 1000) GROL'PASSIGNMENT: I DESCRIPTION: This project would prodde for the destgo, construction and Imptclico er the new raw water puotping facilities and the aaw 10 SIGO Rey Roberts Rater Treat seat PIaaL i PL RPOSE: To atest Increasing treated water a"ds for the City of Denton at Indicated to the U'tilities' Forecast. The Spencer Road Rater Fmtmeot Pleat it approaching ropaciry. The Ray Roberts Pleat is aeMod se set future demands. Per From mad Nkbob' prolisinary estisate. Asoaa4 an 1010 dollars; prices hale beto adJatrsd by 5% APR to teRact iaflatiea i I LNCVMBRAIgCU CASH EXPENDITVRU BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL 1ST VR Silo M M So 5111 5711 So M >0 Silo TOTAL 1KD YR %J M M So M SM UM M >t M SM1111 ' TOTAL )RD YR 11,110 So SI to 51110 ".140 So M So $7146 GRANDTOTAL $10030 U So So 510010 sl"M So f• S1Mlo ENCUMBRANCE DATES: tociessibentl ask met: PHASE DATE Ah:'hLNT OIWCCT 1 Eagfaeorlag Ds1ga u Wei 5511 Mho L"howrlag Dsiga ow 5710 "so Iaepectktt tIM1 I1b 1367 CoartrtKtlaa 04M 51700 till Hydro RAW Wafer Liao 1141 MI 91A ENCUMBRANCE TOTAL 511733 COMMENTS: Thin project is a coatintatiaa from It". Eaeasbnosm: PrioruH" S 7N3t1 CarnatClp 1710411 ' TOTAL PROJECT BUDGET I 1/, MM r f Oe N < f IW6R1 t1:S0 11 EXHIBIT V c~ 1 y yyY 1.1t'l l AL L\lt'KV \ L.\IL,J I I KUJGI 1 R Y14-U40V.AU v , PROJTITLE: (G) BOOSTER STATION AND 3% STEM TIE-IN ESTIMATED COST: 510.447 (110001 GROI.PASSIGNNENT: 1 DESCRIPTION: This project would provide for the comstrocilea of tho Portiere Fleld Road Booster Station with!-MG ground storage and distribution system 11"n. Pt KPOS£: To meet ineratial treated water seeds for the City of Deetoe is indicated in the Utilities' Forecast. The Spencer Read %site Treatme.t Plat is appraebia/ capacity. The Ray Roberts Pfat lo needed to meet folato demaads. Per Freese and Nkhels' preliminary esrimale. Amosets trt IM dollars prices have been adjusted by li% APR to reflect leflatiea. 1 ENCUMBRANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL 1ST VR $71 9 56 9 570 516 f1 30 b $16 TOTAL1NDYR 114" SO f0 50 $160 14AN $6 i• 50 SIIN ~ TOTAL 3RD VA SON N $6 9 III" S4.116 16 31 N 6011 GRANDTOTAL 19190 SO 9 9 0796 19150 SO 9 9 $1750 ENCUMNRANCE DATES: Eaeombend as opeat: PHASE DATE AMOUNT OBJECT 6 Laod Purcbaw 6711111 $111 991 ProuaEapaeetlal Him 1117 066 Drip Eogia"AlE 6{M $391 66!0 Desipa EaNooerial 06" 510 159 losapectbo 06A1 fH 1511 CeoatroetNa 06M S1S1S lpli1l31 ENCUMBRANCE TOTAL 510661 ` COMMENTS; This project is a eeetlaouke from I9N1. Eaeombesseea: Peter le 1!M S 443,194 1 Comsat C1P 1 16,90 I TOTAL PROJECT BLDGET S 10,411,96 16)641 1449 12 EXHIBIT VI u b. AGENDA INFORMATION SHEET AGENDA DATE: Auaus124,1999 DEPARTMENTt Management and Budget ACM: Katl~%- DuBose, Assistant City Manager, Fiscal and Municipal Services SUBJECT Receive a report and hold a discussion and give starf direction regarding the 1999-2000 operating budget and the 2000-2004 Capital Improvement Program. HACKGROUN12 True has been allotted this evening for further discussion orbudgct issues. Attached are the available responses to previously asked Council questions. Staff is stilt developing several responses to the questions, and will get the responses to City Council as soon as they are available. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The proposed budget was presented to the City Council on July 30,1999 and was discussed during the August 12,1999 budget workshop. FISCAL INFORMATION EXHIBITS (If applicable) espectfully submitted: i J FoHun r ' Director of Management and Budget sfi c, I CITY OF DENTON, TEXAS OFFICE OF THE CITY MANAGER •t1SE.McVJnnsyS'mt-Denton,Texas T1701 >mf MEMORANDUM DATE: August20, 1999 TO: Honorable Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: PROPOSED PARKING LOT PERMIT FEES j City Council has requested Information regarding the specific staff work Involved to grant a parking lot permit, which must obtalned by a developer before a parking lot Is constructed. The parking lot permit fee, which Is not included in the building inspection fee, was originally established In 1989 and has not been adjusted since then. The proposed buiget Includes an Increase in the parking lot permit fee that will generate an additional $4,500 In revenue. The fee is Intended to recover the administrative costs, the review of the parking tot plans, and the inspection of the parking lot under construction. When a developer requests a parking tot permit, a city engineer must review the plans to make sure that they meet city Mandards and specifications. This may Include a review of issues such as proper size of the parking lot, adequate drainage, sufficient line markings, and etc. Larger and more complex parking lot plans require additional staff time to review. Once the review is complete, the developer pays the permit fee and Is allowed to begin construction. During construction, a city inspector will visit the site to make sure that the actual construction Is being completed as prevlousty approved. As with the review of the plans, the larger and more complex the parking lot the more time it will take to complete the inspection. If you hav any other questions, please call me at your convenience. , Rick Svehla Deputy City Manager RS:af t. www,aboldenton,com "lkdin,lod to Chmlity &POW 1 f' G 1 CITY OF DENTON. TEXAS _ PARKS E RECREATION DEPARTMENT 321 E. UvKINNEY @ DENTON, TEXAS MO1 (040)140•FARK i FAX (040) 340-03N To: Mayor and Members of the City Council From: Ed Hodney, Director Parks and Recreation ent Date: August 18,1999 Subject: Response to City Council Questions Regarding Parks and Recreation Budget The rollowing information was requested at the budget workshop on August IP: i 1. Subsidy Levels.-Activities Denton Suh5ldy Activlrl Current Pr la G11l411S~Subsldv Adult Sports 36% 27% 00/0 Youth Sports 82% 82% 10-50% (varies w/sport) Day Camps, Before/After Care 7% 5% 10.20% Arts Classes 7% 5% 10°x6 Special Events 1001/0 95% 25% Lemor Programs 25% 25% 30019 Disadvantaged Youth/Family 85% 85% 801/6 Aquatic Programs 54% 32% 20°/s Facility Rentals G% 00/0 00/9 2. Projected Revenue Totals by Fee Area (General Fund) Total Annual Reirnue Fee Arca At Current Prue At Nex. Price Net Increase Pool Admissions +r' Child $46,700 $65,380 $18,680 r. ~A Adult 11,615 23,350 11,675 j t 3 Pool Season Passes Individual 750 1,000 250 Family 8,645 11,970 3,325 Facility Rentals Swimming Pool 3,750 4,500 750 Gymnasiums 3,860 6,433 2,573 Meeting Rooms 14,540 29,392 14,852 Athletic fields 7,800 11,700 3,900 Shelter Rentals 10,000 20,000 10,000 Vendor Fees 640 8,350 7,610 Adult Sports Fees 10,800 19,4404 8,640 *Adult softball plays 3 seasons per year. This revenue projection is based on 2 seasons in FY 1999-2000, starting in the spring league. F 3. Bucket truck acquired In FYI"$-" by Parka and Recreation A bucket truck, formerly owned by the Electric Utility, was purchased from salvage to reduce out-of-service time on our ballfield and park lighting. We hive had little trouble with the truck, and have Incurred nc excessive maintenance and repair costs. HCC-PARMVOLl4M WE[Mlteeponu to CC RE PARD Budaet.doc s. ' a; U I C! Y OF DENTON. TEXAS Economic Development 216 E. McKinney Denton, Texas 78201 Telephone (940) 349-6306 FAX (0401 74!•1239 MEMO DATE: August 19,1999 T0: Mayor and City Council Members FROM: Linda Ratlifr; Director of Economic Development Z SUBJECT: Denton Chamber of Commerce Economle Development Budget Request i Attached is a copy of the Denton Chamber of Commerce's budget request for the economic development program for FY 199912000. In addition, we have attached a copy of the proposed private sector budget and the 1999/2000 proposed marketing plan. Melissa Maples presented the budget to the public Utilities Board earlier this year. The Board approved the Clwber's budget and included one-half of the total request in the f Utility Fund budget. The remaining one-half Is Included in the General Fund recommendation. Please feel free to contact Melissa Maples (382.7151) or me (349-8303) if you have any questions. LR:dg t wwwAity"allon.eom "Di wwod to Qualify S w'et' ( t, ck r DENTON CHAMBER OF COMMERCE_ Operatbm • dontncled 8srvieas 1tt9ti•2000 Nam 1198 Budget ~1tta9 Budget 2000 Rsqusst City l S1fi8,837 1 of Denton 5161,217 5112,998 Tots IIncome 161,217. 112,996. ^ 196,937 , Disbursements: General Administration: Salaries 73,470, 68,418 87,000 Special Projects (Temporary) -1200 1,200 1,200 Auto Allowance 4,260 2,460, 000 Rebrement I 2, 1.11-15C 1,SN Payroll Tares A120 5,000 6,800 A. doMleage 1-0-0-1 1,800 1,800 Medical 8 Dental Insurance 3,000 3,000, 3,000 Workers Comp Insurance 800 600" 9 Audit 960 950 1, Telephone 3.140' 3,000 3,0 Postage 1600, 1500 2, Office Supplies 2,100 2,200 t Subtotal 100,280` 81,4841 114,700 Programs:. Prospect Generation: Trade Shows 11000 0, 6,60 Client site visits 2 000', 2,000' 4, 600 Direct Mail 4 000 4 D60 4,000 2600 2 Allies IniUativis Business Expansion and Retention: Small Business Development Center 8,937 8,0311 8,937 Corporate HO Visits 7,500, 6,000 5,6 Image Enhancement: Public Relations Agency Contract NlA WA 12, FAM Tours N/k MAI 2,000 Marketing Materials Upgrade Publicabons 8 Printing 12,600' 4,600, 9,000 Web Page NIAWA Soo CustomPresept0ons 9000` 2,000 1,000 Subtotal 49,437 27,937 64,137 y C A~.., Total Disbursements 191 217 112,096' 189,937 ' Site visits former) Included with Direct Marketing l , c, t, Denton Economic Development Partnership Marketing Action Plan 1949 - 2000 MISSION STATEMENT: i Proactively promote a pro-business environment in Denton in an effort to encourage commercial and industrial development consistent with: ♦ Providing an adequate tax base to sustain balance of increasing residential growth • Providing sufficient career opportunities • Improving the quality of life ORIECT1VE l: To recruit and attract targeted businesses to invest in Denton and to act as a proactive service agency for all business inquiries. Strategy; Initiate opportunities for face to face contact with corporate decision makers involved In business location/relocation decisions. Tactic: Participate in a minimum of four target industry trade shows. I Denton Trade Shows 1999 ZO44, (W • watk show! D • Booth exhibit) NAIOP (Seattle) October 2•5 - B {with ARD,(S) TransCOMP(San Antonio) November 14.16. a (%ith M10AS) MD&M (New York) Nis) • W Tactic: Participate in site visits In the offices ofactiva clients as needed. Tactic: Facilitate site visits of clients within Denton utilizing Denton investor volunteers and partners as appropriate. Stralea: Develop targeted business leads for solicitation, Tactic; In concert with other direct mail initiatives, conduct a minimum of 4 direct mail campaigns to targeled businesses, clients and prospects. Tactic: Place advertisements in target Industry and business publications A4 to generate client leads and enhance awareness of fknton. 1 (Jr Tactic; Work with existing business base in an effort to recruit appropriate suppliers to Denton. I c, . u t Strategy: Generate Inquiries through referrals by brokers, developers, land owners site consultants, utility partners and other allies. Tactic: Create a quarterly communication piece for key prospects and consultants to enhance awareness of Denton. Tacflc; Develop an initiative to host Allies in Demon. OBJECTIVE 2: To create and/or enhance a positive image of Denton as a location for business investment among regional, national and international corporate decision makers. i I Strategy: Serve as a catalyst for positive editorial placement. Tactic: Utilize PR agency services to identify and develop stories for national, regional and local editorial placement. Tactic: Place positive editorial storieslarticles on a local/ regional basis, as appropriate. Tactic; initiate a proactive contact program with national, regional and local media. Strategy; participate in appropriate national and regional meetings to promote awareness of Denton. Tactic: Participate in national and regional meetings as appropriate. , Tactic: Continually assess viability of participation in additional national industry-specific trade association/trade shows as participants. fl Tactic; Participate and/or co-sponsor major regional and statewide economle development events, Tactic; Assess viability of sponsorship/hosting opportunities to provide exposure to Denton. OBJECTIVE 3: Serve as a resource to collect and communicate demographic and other economic a, development information to prospects, Allies development partners, and others as appropriate. Strategy: Distribute marketing materials to promote the positive attributes and demographic profile of Denton. 2 f s Tactic: Continue to update demographic Information, site inventory map and marketing materials. Tactic, Continua Hy assess and enhance effectiveness of marketing materials. Tactic: Assess viability of creating custom marketing brochures for each target Industry. Tactic: participate In speaking engagements as appropriate to communicate updates relating to economic development. Strategy: Utilize ED Web page as an information and marketing tool for Denton. Tactic: Create a separate F,conomlc Development partnership Web page in an effort to expand information provided. Tactic: Analyze Web page links appropriate to economic development to enhance referral inquiries. StrateU Utilize new Economic Development Briefing Center mi a marketing/ resource tool. Tactic: Create multimedia presentations m an l4ormatlo„ai r source to prospects, Allies and investor as apprcpriatt. Tactic: Coordinate/host events highlighting attributes of center. OBJECTIVE 4: To cnhancv and ef! cienlly utilize investor resources in the recruitment of quality jobs and capital investment. Strategy: Develop a strategy for financial support of cdrrent and future marketing initiativts. Taelic: Continue outreach cffurts to obtain financial wpport for the Donlon Fconomle Owlopment partnership. r~ f 7aole: Coordinate volunteer participation In fundraising Initiathts, A,. r i Taclfc: Assess an updated investment structure, 3 t, t, strategy: Ptc vide forums to enhance awareness, report results and generate participation in marketing initiatives. Tactic: Conduct a minimum of tv.o F,conomic Development Investor update meetings. Tactic: Provide regular updates to Economic Development Investors through reports, briefings, Action Plan upe ties, etc. Taclk; Conduct Individual Ne v Investor Orientations on an as•needcd basis, Taclic: Utilize and promote ref:rral card announcing when investors have been referred. Tact1c: Promote Economic Development Partnership Investors to II prospects, Allies, and other is appropriate, PROJECTED RESULTS: 0 Increase added value of industriaVeommerelal ad valorem tax base by 10% • Increase added value of sale Vuse tax base by S% • Increase new devclopmenvlease square footage by 500,000 square feet • Assist in creating 500 new Jobs lnerease locally available goods and services to enhance tar importation • Maintain retention of local bustnesses • Maintain overall low tax rate At r 4 I t is i Denton Economic Development Partnership Marketing Action Plan By Operating Budget 1999 - 2000 ED Operations t1tul liit i PROSPECT GENERATION Trade Shoves: 55.600 Particlpaticn in NAIOP (National Association of Industrial lOftlce Parks) vrl MIDAS, TransCOMP (Transportation) Logistics) wJ MIDAS, NTCAR (Nosh Texas Commercial Association Realtors), and visit Medical Device and Manufacturing show. Schedule client site visits In conjunction with events to maximize productivity and minimize expense. Client Site Visits; $4,500 Travel to visit with clients who have placed Denton on their short list for relocation or expansion. Expenses tsould cover mo people for approx: 3-4 trips. l Direct Mall: $4,000 Conduct a minimum of four direct mail campaigns to targeted businesses, clients and prospects: Allies Initiatives $1,500 Promole Denton to Allies consisting of Melroplex area brokers, , deralopers, site consultants, and utility partners. Initiative mould allow Allies Interaction with public and private ED Investors, city j %taffand Council, and land/property owners and representatives. { BUSINESS EXPANSION AND RETENTION Small Business Development Senices: $8,937 Fund Matching Grant to North Central Texas College supporting staff and minimal overhead to provide Initial free consulting to those starting new business 1 entures. ('orporate Ileadquartera Vislts: $5,000 Visit aids Peterbill parent eo-apany Paccar, along with Peterbilt representatives, to stimulate supplier relocation'expansion s ! 1 ' dcselopment near Denton facility. 5 I 1 i a ED Operations (Public} Visit with Boeing in Seattle during NAIOP Trade Show in October. Visit Corporate Headquarters of United Copper Industries in Mexico City to maintain relationship and cultivate future expansion opportunities for suppliers on 30 acres located on the Denton site, MACE ENHANCEMENT Public Relations Ageucy Contract: $12,000 Contract services of a public relations agency to increase visibility of Denton to the regional and national business community, specifically targeting corporate decision-makers, site selection managers and commercial brokers. Emphasis will be on publicity in creating story ideas featuring Denton success stories on new and existing business and pursue press coverage in local, state, regional and national trade and real estate publications. Fam Tours: $2,000 'target key writcrsledltors from slate, regional and national real estate journals and trade publications and bring them to Denton to cover stories In an effort to encourage editorial placement, A1ARItF:TINC MATERIALS Publications and Printing: $8,000 Upgrade economic profile; update marketing packet inserts, demographic) reports, site industrial brochures and aerial maps. Web Page: $600 Improve web site by creating separate Economic Development web page to focus on ED Partnership. New site will be expanded to Include enhanced demographic Information, graphics, pictures and Denton warkeling slide show that may also be packaged for client response via e-mail, Will also seek appropriate links for both prospect referral and site inventory. l'hls fee represents a S50imonth service fee to internet company. Well page lx ill be built professlonally at no cost to tile PartficrShIp. Custom Presentations: $1,000 r Proressionally gcncraled responses to requests for proposals from prospects. ' total Marketing program Inveslment ED Operations (Public): $54,1137 6 L I s. DENTON CNAMSER OF COMMERCE OFFICE OF ECONOMIC DEVELOPMENT Myatt Sector Acc"oun"t _ Proposed Budpet_ ' 1999.2000 I NT - 99 1999.99 1999.00 BU00ET' Bubdi 00008E0 Income: 9alanceForward S0 560000` 510,060 Private Seclor 85,000 50,000 50,000 i Total Income 85,000' 100,000' 60,000 Expenditures: Marketing Olt iw Prrapset Recruitmenueuelnees Retention 1 Advertising b Public Rotations: Advertising Placeme^I r Local. 0 20,0001 10 376 Regional J 900 2 000 t 6.-"o National: B 000 _ _ 2 400` 8,000 l Agency toots 9,500` 2000 9,0.0.0 Electronic Marketing 12,Or J. 0 0 Presentations 15,0 0 0 Industry Appreclation : - NIA 5001 6 Allies Development: Memberships 1,0001 1,000, 2,475 Membership Meetings' NIA N/A 5. 000 Texas Marketing Team i 2,000 Sponsorships 2 006: .2 (Wl 2 000 MiscellansousMeeting a 2,000 6. 1,600 Promotions! S.-300 ` Telephone Cards N1A NIA 750 Denton Ceps MA, R AI 1,850 VIP Memento WAI 900 1,260 r- .700 1000 0 Allles bay Memento .680 M sc. Memento Travel • Key Volunteers 0 4500 4680 Investor Relationship Management, NIA' WA Investor Updates 1,060 Investor Re xptions 1,000 Newsletl! 1,600 Location Me eento 1,000 i Investor Memento 500 Civic Membomhipe 600 Equipment: a A, Laptop Computer NIA 1,500 0 lr ED Briefing Center 0 6.000 0 Capital 10 b00' 6~ 0 { FF&E Briefing Center 12,900` D Incontiw Fund: 2< !1801 0 0 Total 65,W !MAO' 90 666 t, k I~ CITY OF DENTON, TEXAS MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: Howard Martin, ACM for Utilities SUBJECT: Additional Legal Assistance for Utilities DATL: August 20, 1999 The five utility departments (electric, solid waste, water, wastewater, and drainage) require significant legal assistance in their day to day operations. Often, these five departments also require specialized additional legal work for divestiture purposes, expansions of plants, development of public and private collaborations, responses to state and federal regulatory agencies, and a myriad of unique customer and landowner issues associated with maintaining and expanding the requisite infrastructure to meet the City's needs. Currently, the City Attorney's orrice dedicates one lawyer solely to utilities; the other utility matters are parceled out among the City's remaining five attorneys. Tl a City Attorney informs me that about 1/3 of another attorney's time - spread throughout the rest of the legal Department - is currently devoted to utility matters. These rive attorneys are alto responsible for all other legal responsibilities associated with operating a city govemment. In the City of Denton's case, dcmands on the City's attorneys have increased significantly, parallel and in proportion to the growth of the City, The City Attorney informs me requests for legal services have increased by 40% over the past eighteen-month period, Development of the Comprehensive Plan, assumption of the defense of most litigation, related ordinances and codes, snd increasingly complex land use Issues all contribute to the heavy legal workload, Unfortunately, these dcmands too often prevent the legal Rterf from responding to the utilities' legal requests within a reasonable timcrrame. Without a timely response and necessary legal support, the utility departments, operating as bwincsses, simply cannot provide the necessary services for its customers. Though Dcntcn's legal staff is of adequate size when compared to other cities of similar site, many of these ci+ras are not responsible for fire utdirlrs and their operations, The City of Austin has five attorneys dedicated solely to its electric utility department, an equivalent ratio for Denton would be one attorney for the electric utility. It should be noted, however, that adding another attorney for electric, along with the land use attorney requested in this year's budget, would bring the total number of Demon's in-house attorneys to eight This is one more than the City of Garland - a / > city of 200,000 - which has a sterf of seven in-house attorneys and does not have an attorney dedicated to its electric utility, I believe the additional attorney Is still justified due to the significant number of complex land use and utility matters the City Council Is considering. also do not believe that Garland is experiencing the rapid growth that Denton is current experiencing. I also beli : that the hiring of an attorney board certified in administrative law or 'tPubicarn!lu (tualify $crcka" i c ICI i I Mayor and Council Members August 20, 1999 Page 2 with significant utility experience will allow us to significantly reduce the costs associated with hiring outside counsel. Based on our current level of activity, the utilities neat one additional lawyer, As indicated above, we would seek a lawyer who is either board certified in administrative law or who has significant experience in municipal or electric utility matters, A panel composed of the City Manager, City Attorney, Director of ElecL7c Ut9ities, and myself would select the attorney for this position. After discussing these issues with Herb Prouty, 1 believe we can develop a workable solution to the utilities' legal requirements. I propose that utilities - with the approval of the City Manager - be responsible for all assignments to this attorney and prioritizing those assignments, provide office space and clerical support, and control the attorney's workload, beginning October I, 1999. This attorney will be paid for by Utilities Administration. The City Attorney's office would still have to exercise supenisory authority, since the City Charter requires the City Attorrtcy's office to provide legal advice to all employees, officers, and agencies, including the utilities, and to be responsible for passing on all documents prepared by any in-house attorney of the City. However, the utilities will be significantly involved in the evaluation process and will have the ability to make recommendations concerning the continued employment, evaluation, and discipline of ~,'iis attorney, which the City Attorney will not unreasonably refuse to follow. The legal position currently funded by utilities in the City Altorncy's office will continue to be funded until October 1, 2000. This position will be charged with providing advice to water, wastewnter, solid waste, and all functions other than electric of the utilities and will be solely charged with those functions so that as of the date the additional attorney for electric is hired two positions will be devoted solely to the utilities. After October 1, 2000, the utilities position within the City Attorney's office will be eval.!aled to determine whether or not the location of the attorney should be transferred to the Utility Administration department under the tame circumstances as the electric utilities attorney. Should the position need to be filled In the interim, both the City Attorney and I will be responsible for hiring the attorney by using the same panel used to hire the electric utility attorney. During the period between October, 1999 and October, '_000, this attorney will continue to report to the City Altorncy, However, as ACM for Utilities, I will work with the City Attorney and City Manager to help prioritize the attorney's workload, The City Attomcy will prioritize this attomey's workload in accordance with any reasonable request by me wish the approval of the City Manager on the basis of what I feel Is most important for the ulilitic~, The purpose of this plan is to provide that as soon as the new electric utility attorney is hired, Utility Administration will have two in-house attorneys providing Icgal support for the five utility functions. As the utilities fate an increasing customer base in ,n increasingly complicated regulatory world where liability all too oRen lies with the City, the utility departments have no choice but to also k increase the legal staff support necessary to continue service in a responsible and effective / manner. By housing the attorneys within Utility Administration, legal support can be direct and cMcicnl, as well as properly prioritized to meet our business needs. Ii i - I i Mayor and Council Members August 20, 1999 3 Page 2 with significant utility experience will allow us to significantly reduce the costs associated with hiring outside counsel. Based on our current level of activity, the utilities need one additional lawyer. As indicated above, we would seek a lawyer who is either board certified in administrative law or who has significant experience in municipal or electric utility matters. A panel composed of the City Manager, City Attorney, Director of Electric Utilities, and myself would select the attorney for this position. Alter discussing these issues with Herb Prouty, 1 believe we can develop a workable solution to the utilities' legal requirements. I propose that utilities - with the approval of the City Manager - be responsible for all assignments to this attorney and prioritizing those assignments, provide office space and clerical support, and control the attorney's workload, beginning October 1, 1999. This attorney will be paid for by Utilities Administration. The City Attorney's office would still have to exercise supervisory authority, since the City Charter requires the City Attorney's office to provide legal advice to all employees, officers, and agencies, including the utilities, and to be responsible for passing on all documents prepared by any in-house attorney of the City. However, the utilities will be significantly involved in the evaluation process and will have the ability to make recommendations concerning the continued employment, evaluation, and discipline of this attorney, which the City Attorney will not unreasonably refuse to follow. l The legal position currently funded by utilities in the City Attorney's office will continue to be funded until October I, M. This position will be charged with providing advice to water, wastewater, solid waste, and all functions other than electric of the utilities and will be solely charged with those functions so that as orthe date the additional attorney for electric is hired two 1 positions will be devoted solely to the utilities. Alter October I, 2000, the utilities position within the City Attorney's office will be evaluated to determine whether or not the location of tha attorney should be transferred to the Utility Administration department under the same circumstances Ps the electric utilities attorney. Should the position n^ed to be filled in the interim, both the City Attorney and 1 will be responsible for hiring the attorney by using the same panel used to hire the electric utility attorney. During the period between October, 1999 and 1 October, 2000, this attorney will continue to report to the City Attorney. However, as ACM for Utilities, I will wot s with the City Attomey and City Manager to help prioritize the attorney's workload. The City Attorney will prioritize this altomcy's workload in accordance with any reasonable request by ric with the approval of the City Manager on the basis of what I feel is most important for the utilities. The purpose of this plan is to provide that as soon as the new 0"Iric utility attorney is hired, Utility Administration will have two in-house attorneys providing legal support for the five utility functions. i As the utilities face an incrAsing customer base in an increasingly complicated regulatory world where liability all too open lies with the City, the utility departments have no choice but to also increase the legal staff support necessary to continue service in a responsible and effective ! r, ` manner, By housing the attorneys within Utility Administration, legal support can be direct and efficient, as well as properly prioritized to meet our business nceds. 1 t, c: Aprantla 1 t._ - - 4 1hh AGENDA INFORMATION SHEET AG F.NDA DATE: August 24 s, 1999 DEPARTMENT: Planning & Development Dc rtment CTI/DCMIACd1: Dace dill, 349-8314. SLBJF.CT Consider making appointments to the Code Committee, which is an ad hoc committee to be asg.mblcd for the purposes of participating in the City of Denton Development Code Rewrite process. BACKGROUND City Council is scheduled to make appointments to the Code Committee on August 1P. The formation of the Code Committee is Included in the consultant scope of work of the rewrite of the city's development code. The function of the Code Committee is to participate in the preparation of new zoning and subdivision regulations that wili be dratled by consultant John Fregonese, The scope of work for the code rewrite project includes the following: A CO, of UCMWn 1Jeyelonment Coale ('ommlttce will be appointed by the City of Denton Council and hill partlelpale with the Consultant and City staff In the development of the code, They hill meet approximately monthly to review progress and advise the City Council mid Planning a 7ontng C'omml.ssion on the development of the voile in accordance hdth the Comprehensive Plan. The City of Denton Planning and Development Department hill provide principal siggsupliort to the " Ohle Committee. „ The Code Committee will consist of 15 members; a C'ommitlee chairperson nominated and setecod by simple matorily of the Chy Council, and two members to be seleefed by each Council Alember. City Council will make every effort to make appointments that are balanced v Ith respect to ctti:rn, neighborhood, business, and derelopnent Interests. The purpose of the Committee Is to provide feedback for Planning & 7oring Commission and City Council review in response to C'onsuhant reconmtcndatlons regarding the rerlsed development eode, The Committee $4'111 attempt to work by consensus. In the event that there are unresolved Ixsue.s, the variety of opinions ii ill he presented to the Council. In the C'onsultant's report to Council, any major Issue which needed to be resolved, or u hleh remains unresolved .shall he cleurly communicated, including alternatives evaluated, and the Code i Commitice's rationale and recommendation, and any minority reports from the Committee, 1l , Fach Council mcnther is scheduled to make two appointments to the Code Committee that will not require confirmation. In addition, at-large nominations for Chalnnan of the Code Committee will be accepted, with confirmation required by simple majority vote of the Council. I c. I i I i I i OPTIONS 1. Act as stated in the scope of work, 2. Change the composition of the committee. 3. Postpone action. ' RECOMMENDATION Staffrecommends completion of the appointments as described in the approved scope of work, i ESTIMATED PROJECTSCHEDULE The first meeting of the Code Committee will take place on September 0, The project will end in September 2000. 17he Code Committee is an ad hoc committee that will be dissolved at project end. I PRIOR ACTION/REVIEIV The consultant contract and scope of work were approved by Council on August 3'4,1994, Thirteen Code Committee appointments were made by Council on August 174i: Chairperson (by Council): David Neal i Mayor Miller, Bob Shelton I Christine Rowell Mayor Pro-Tem Beasley Jim Engiebrecht Peggy Fox Council Member Burroughs: Jim Kirkpatrick Joyce Poole w Council Member Cochran: Cecile Carson Steve Fanning I Council Member Durrance; Linda Weinburg Karen Reedy Council Member Ktistoferson: Debra Drayovitch Jim Ebersrle When Council Member Young makes his two appointments, the full membership of the Code ~ Committee will be ready to begin its work, P t Er f j 1 FISCAL INFORMATION The Code Committee members will serve on a voluntary basis without compensation. ATTACHMENTS None ~ ! Respectfully submitted f { Hill Assistant City Manager, Nvelopment Services { { 1i I { { ~ e l J.r ~ i, { j y i I lI ~ u I i I I AWAN0. BOAR DSICONIM I SSI ON NONI I NATIONS AWda AIRPORT ADVISORYBOARD Dist Current hiember Nomination Term Council 1 Hal Jackson llal Jackson 1997.99 Young Approved 6122 _ 2 Rick Woolfolk Rick Wool folk 1997.99 Durrance Approved 6122 6 Ion Smith Don Smith 1997-94 Durroughs Approved 6122 ANIMAL SHELTER ADVISORY BOARD Dist CurrentMembcr Nomination Term Council 7 [lob Rohr Bo Rohr 1997-99 Mayor _ Approved 6/22 I Joannle Housewight Paul Carberry 1997.99 Young Approved 6/22 _ 3 Lynn Stucky Lynn Stucky 1997.99 Cochran Approved 8/3 4 VeronicaRolen Jenni cr Walters 1997.99 Krisloferson Approved 813 9 Ph) lis F ott Lisa Zolterelli 1998.00 Beasley - Aproved 7/27 BOARD OF ADJUSTMENT Dist Current Member Nomination Term Crancil 1 Tom Recce App Tom m Reece 1997.99 Yenng wd 6122 2 Larry Collister Term Not E,,pired 1998-00 Durrance 3 Vacant Greg tutr cad 1999-01 Cochran Approved W22 4 Vacant Jon Bergstrom 1999.00 Kristorerson _ Approved 7127 S [lob Manning Term Not Expired 1998.00 Beasley 6 Rachel Mays Br on W s 1997.99 Burroughs Approved 7/27 7 Joe BendAck Joe Be etc 1997." Mayor Approved 6/22 Ile AI1.1 Grant Jaco son 1999.02 Council A roved 7/13 AI0 John Johnson 1999.01 Council A ropp ved 7/13 Alta Ernest McNeil 1999.00 Council Approved 7113 I i COMM UNITY DEVELOPMENTADVISGRV COMMITTEE Dist C'nrtentMember Nomination Term Council 4. 1 Harry Bell Harry Bell 1997-99 Young _ Approved 6122 2 Lisa Polack Pat Colonna 1997-99 Durance Approved 8/3 4 James McDade Diane Crew 1997-99 Kristoferson Approved 8/10 6 Roberta Donsbach Peggy For 1997-99 Burroughs Approved 7/20 _ CONSTRUCTIONADVISORY& APPEALS BOARD Dist Slx-ciality Nomination Term Council 1 Contractor Bill Redmon 1999.01 Young Approved 7/13 2 Contractor Ilcnry Rife 1999.00 Durrance f Approved 8/3 3 Engineer Nicholas Eassa 1999-01 Cochran APrroved 7/13 4 Architect Alin Nelson 1999-00 Kristoferson Approved 6122 _ 5 Contractor Scott Richter 1999-01 Beasley Approved 6/22 6 F,Icctrical Contractor Doug Grantham 1999.00 Burroughs Approved 813 7 Plumbing Frank Cunningham 1999-01 Mayor Approved 7/13 DENTON HOUSING AUTHORITY Seat Current Member Nomination Term 7 Rosemary Rodriguez Rowmary 1997-99 Miller Rodriguez 7 Bob Sherman Katie Fleming 1997.99 Miller A~ 7 Mark Chew Mark Chew 1997-99 Miller t~ 2 I I i HISTORIC LANDMARK COMMISSION _ Dist Current Member Nomination Tern Council . 2 Glen Savage Lanelle Blanton 1997-99 Durrance Approved 8/3 4 Barry Vermillion Barry Vermillion 1997.99 Kristoferson Approved Nl3 5 Peggy Capps Peggy Capps 1997-99 Beasley Approved 6122 E 6 John Baines John Baines 1997.99 Burroughs Approved 7/27 1 BullittLowry Karen Abernathy 1997.99 Young Approved 7113 3 Bob Montgomery Bob Montgomery 1997-N Cochran Approved 7113 HUMAN SERVICES ADVISORYCOMMITTEE _ Dist Current Member Nomination Term Council 4 1,l, nn Ebersole Lynn Ebersole 1997-99 Krisloferson _ Approved 6122 5 Ca.herine Bell James McDade 1997.99 Beasley Approved 7/13 6 Vacant Terri Riieault 1998.00 Burroughs Approved 6/22 I Mae Nell Shephard Nlao Nell Shephard 1997.99 Young Approved 6/22 3 Jeri Locke Betty Tomboulian 1997-99 Cochran Approved 8117 5 Peggy Kelly Peggy Kelly 1997.99 Beasley Approved 6122 6 Kent Miller Kent Miller 1997-99 Burroughs Approved W13 7 Elinorllughes Elinor Hughes 1997.99 Mayor Approved 6122 , f ! f 3 c I~ i KEEP DENTON BEAUTIFUL BOARD Dist Current Member Nomination Term Council y 1 Vacant Catherine Bell 1998-00 Young Approved 7/13 3 Alice Gorr Alice Gore 1997.99 Cochran Approved 7/13 4 Kevin Kasparek Kevin Kasparek 1997.95 Kristoferson Approved 6122 5 Geri Aschenbrenner Geri Aschenbrenner 1997-99 Beasley Approved 6122 1 Vemie Wilson Vernie Wilson 1997.99 Young Approved 7/13 2 Vacant Kathi Randolph 1997.99 Durrance Approved 7/13 _ LIBRARY BOARD Dist CurrentMembcr Nomination Term Council 5 Linnie McAdams Ken Ferstl 1997.59 Beasley Approved 6122 6 Slichikot[a) hursl MichikoLla)hurst 1997.99 Burroughs Approved 6122 1 LeJean Bro% n LeJean Brown 1997.99 Young Approved 7/13 2 Carroll Trail CarrollTrail 1997.99 Durance Approved 7120 PARKSAND RECREATION BOARD Dist Current McmKr Nomination Term Council 5 Don Edwards Don Edwards 1997.99 Beasley Approved 6122 6 Willic I ludspeth CorinaRamos 1997.99 Burroughs Approved 7113 3 Dale Yeatts Term Not Expired 3998-00 Cochran 7 i)altonGregory Dalton Gregory 1997.99 Miller Approved 6/22 i l 2 Vacant BrandonBarrrs 1998.UU Durrance Approved 7113 f 4 NetvPosition Brenda Phillips 1949.00 Kristofcrson Approved 7/13 1 New Position Gwcn oly~nCarlcr 1y99.01 Young Approved 7113 4 j PLANNING AND ZONING COMMISSION , Dist Current Member Nomination Tenn Council 4 ElizabethGourdie ElizatxthGourdie 1997.99 Kristoferson Approved 6122 7 Susan Apple Susan Apple 1997-99 Mayor Approved 6122 I Bob Powell 1997-99 Young 2 Rudy Moreno Rudy Moreno 1997.99 Durrance Approved 6122 6 Carol Ann Ganzcr Perry McNeill 1998-00 Burroughs Approved 7127 PUBLIC UTILITIES BOARD Dist Current Member Nomination Term Council I Dick Norton Dick Norton 1995.99 Approved 6122 5 BobCoplen Bob Coplen 1995.99 Apr„roved 6/22 3 Bill Giese Term Not Expired 1996-00 4 George Ilopkins Term Not Expired 1998-02 6 CharldeanNeuell Term Not Expired 1997-01 l New Position Jim Wilson 1999-00 Approved 6/22 2 Ncw Position Joe Mulroy 1999-01 Approved 6'22 TMPA BOARDOF DIRECTORS Seat CunenlMember Nomination rerm 0 Dill Giese Sandy Kristoferson 1997.94 ALL, Approved 1113 TRAFFIC SAFETY COMMISS10N Dist Current Member Nomination Perm Council 3 Carol) n Bacon Marshall Smith 1S97-99 Cochran Approved 7120 4 harry Phillil s Chris King 1097-99 Krisloferson Approved 7/27 5 C'harlcsRidcns CharlesRidens Approved 6122 1997-99 R.asley / 17 Jim I lobdy Pat Check 1997.99 Mayor Approved 111 5 i n ~ i t~ panda Ne._. ~ AGENDA r,gmda item Cl fY OF DENTON CITY COUNCIL v January 19, 1999 Uate After determining that a quorum is present and convening io -n open meeting, the City Council will convene in a Closed Meeting of the City of Denton City Council on Tuesday, January 19, 1999 at 5:15 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: I. Closed Meeting: A. Conference with Employees - Under TEX. GOV'T. CODE Sec. 551.075. The Council may receive information from employees during a staff conference or briefing, but may not deliberate during the conference. i 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 IS HELD IN COMPLIANCE WITH TEX. GOV'T. CODE CH. 551. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AU fHOR17.ED BY TEX. GOVT. CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACI) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION 6 THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED A40VE, ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING. WITHOUT LIMITATION, SECTIONS 551.071-551.085 OF THE OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, January 19, 1999 at 6:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Sheet, Denton, Texas at which the following items will be considered: L Pledge of Allegiance A. U.S. Flag l B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. Consider approval of the minutes of October 20 and October 21, 1998. CITIZEN REPORTS 3. Receive a report from Willie Hudspeth regarding the drainage easement at 623 Newton. CONSENT AGENDA I y p t t'1rv Each of these items is recommcuded by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City I 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. i t c• City of Denton City Council Agenda January 19, 1999 Page 2 Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed ba' rr information is attached to the ordinances (Agenda Items 4-6). 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 4.6 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 Consideration". 4, Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the purchase of a steel platform truck scale; providing for the expenditure of funds therefore; and providing an effective date, (Hid #2312 - Steel Platform Truck Scales awarded to Fairbanks Scales in the amount of $52,974) 5. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of fleet vehicles; providing for the expenditure of funds therefore; and providing an effective date. (Bid #2310 - Fleet Vehicles awarded as listed in the total amount of $518,242) 6. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of utility tractors; providing for the expenditure of funds therefore; and providing an effective date. (Bid #2328 - Utility Tractors awarded to Lawn Land of Denton in the amount of $60,741) V IRM HEAM&r 7. ]told a public hearing and consider approval of a resolution adopting the Denton Plan Growth Management Strategy. 8. Hold is public hearing regarding the proposed annexation of a 114.76 acre property !.icated on the north side of hickory Creek Road, Northwest of McNair Elementary I School in Denton's extraterritorial jurisdiction (ETJ). ! I 9. Hold a public hearing and consider the request to rezone 1.501 acres from a Planned Development (PD-6) zoning district to an Office (0) zoning district. The 1,501 acre 1 property is legally described as all of tract 8 (.344 acres) and part of tract 7 (1.157) in the R. It. Hopkins Survey. Abstract 1694 and is located on the north side of San Jacinto Blvd., approximately 316 feet east of Piney Creek Blvd. The proposal is for future resale and development. (The Piannin4 and Zoning Commission recommends approval (7.0) with conditions.) (Z-98-046) 10, Hold a public hearing and consider a reaming of 3.24 acres to change the maximum i square footage allowed in the existing Planned Development (PD-6) zoning district. The 3.24 acre property is legally described as Lot 1, Block 1 of the Golden TriangletMichael's R r Addition in the City of Denton, Denton County, Texas and is located on the east side of Colorado Blvd., approximately 525 feet north of Loop 288. The proposal is to reflect the actual development of the Ilas ings and Michael's stores that has occurred on the property and provide for sonic future expansion. (The Planning and Zoning Commission A recommends approval (7-0) with one condition.) (7.98-037 i t i r ' City of Denton City Council Agenda January 19, 1999 Page 3 ITEMS FOR INDIVIDUAL CONSIDERATION 11. Consider adoption of an ordinance approving a real estate contract between the City of Denton and John C. Johnson and Doris Bean Johnson, relating to the purchase of 0.029 acre of land for the expansion of U.S. Highway 77 (Parcel 54 & 55); authorizing the expenditure of funds therefore; and providing an effective date. (The Planning & Zoning Commission recommends approval 7-0.) 12. Consider approval of a resolution authorizing the Mayor to enter into a Memorandum of Agreement with the City of Corinth to mutually disannex and then proceed to annex certain property along the joint Denton and Corinth city boundary. 13. Consider adoption of an ordinance providing for the renaming of Willow Springs Drive to Teasley Lane from Dallas Drive to its northern terminus. (The Planning and Zoning Commission recommends approval 6-1.) 14. Consider adoption of an ordinance on Second Reading whereby the City of Denton, Texas, grants to CoServ Gas a non-exclusive franchise to furnish, transport, sell and distribute gas to customers in Denton, Texas, for a period of ten (10) years for a franchise fee in the amount of 3% of revenues collected and providing definitions; providing a payment schedule and statement of revenues; providing franchise fee not in lieu of other fees and contract obligations; providing dependable gas supply at lowest reasonable costs; providing obligations regarding company facHtics, long-range planning for capital improvement projects, City review of construction and design, requests by City for I relocation of company facilities and work by others; providing for changing boundaries of city and abandonment; providing City not required to advance funds; providing for technological improvements; providing for compliance with City rules and regulations, Railroad Commission specifications and regulations, and environmental laws; providing office location, reports on company operations and activities and detailed bills; providing City held harmless and indemnification, notice to company, insurance rad bonds; providing payment of expenses incurred by City in relation to ordinance; providing right of first purchase, right to purchase or condemn, limitations of company removal of kcihfics, transportation and procurement of gas by City and curtailment; providing civil penalties, foreclosure, fo•feiture and termination and other legal remedies; providing no waiver, rights of successors and assigns, representatives and notices, severability, entire agreement, company approval, annexation to the City and third parties; providing compliance with City Charter and application of terms in competing franchises; and providing an effective date. 15. Consider a motion to authorize the holding of a City Council neeting outside of City i~ Hall, 16, Miscellaneous matters from the City Manager. 17. New Business This item provides a section for Council Members to suggest items for future agendas. u City of Demon City Council Agenda January 19, 1999 Page 4' 18. Possible continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. 19, Official Action on Closed Meeting items held under Section 551.071-551.085 of the Texas Open Meetings Act. CERTIFICATE 1 certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1999 at o'clock (a.m.) (P,m,) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL C4AMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF 7HE SCHEDULED MEETING. PLEASE CALL TIIE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY S OFFICE. ' A . e r I' c. f v I 003 agenda No._,... CITY OF DENTON CITY COUNCIL MINUTEli nda 11e7-=M--79 October20,1998 r)a1e- J_--1.-.= .a After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, October 20, 1998 at 5:15 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller, Mayor Pro Tern Beasley; Council Members Btrroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT: None i L Closed Meeting: A. Conference with Employees Under TEX. GOVT. CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, but did not deli!. erate during the conference. The Council convened into a Regular Meeting on Tuesday, October 20, 1998 at 6:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller, Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Krisloferson, and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council considered approval of the minutes of August 4, August 7, August 11, and August 13, 1998. Young motioned, Kristoferson seconded to approve the minutes. Mayor Pro Tern Beasley noted a typographical error on page t of the August 4n minutes and asked for a correction. On roll vote of the minutes as corrected, Beasley "aye", Burroughs "aye", Cochran "aye', Durance "r:ve", Mstoferson "aye", Young "aye", and Mayor Milk-r "aye. Motion carried unanimously. CITIZEN REPORTS 3. The C;;uocil received it report from Dessie Goodson regarding the sensitivity and integrity of Police ChierGary Matheson. r!, r Ms, Goodson staled that she wanted to report an assault and cruelty from the Police Department when she had been arrested. She had received a letter regarding the incident but felt that it needed to have integrity and sensitivity to the situation. She had a hospital bill from when she was arrested that she would not pay. She felt her civil rights had been violated. I r. City of Denton City Council Minutes October 20, 1998 e . Page 2 NOISE EXCEPTIONS 4. The Council considered a request for an exception to the noise ordinance for a Halloween Costume Party at 1218 Avet,ue A on Saturday, October 31, 1998 until 2 a.m. Beasley motioned, Young seconded to approve the exception. On roll vole, Beasley "aye", 1"aye", "aye', "aye', "aye", Burroughs "aye', Cochran Durrance Knsto erson Young an Mayor Miller "aye'. Motion carried unanimously. CONSENT AGENDA ~I Young motioned, Burroughs seconded to approve the Consent Agenda and accompanying i ordinances. On roll vote, Beasley "aye', Burruughs "aye", Cochran "aye", Ourrance "aye", II Kristofemon "aye", Young "aye", and Mayor Miller "aye'. Motion carried unanimously. 5. NO. 98-337 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2225 -CHILD CARE PROGRAMS FOR LOW-INCOME FAMILIES AWARDED TO DENT04N CITY COUNTY DAY SCHOOL, INC. IN THE AMOUNT OF $23,000.00) 6. NO. 98-338 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION AND PREVENTION PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2226 - DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION AND PREVENTION PROGRAM AWARDED TO DENTON COUNTY FRIENDS OF THE FAMILY, INC. IN THE AMOUNT OF $40,000.00) 7. NO. 99-339 AN ORDINANCE ACCEPTING COMPE'riTIVE BIDS AND AWARDING A CONTRACT FOR INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME FAMILIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN AFFECTIVE DATE. (BID #2227 - INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME FAMILIES AWARDED TO FRED MOORE DAY NURSERY SCHOOL, INC. IN THE AMOUNT OF $37,000.00) 8. NO. 98-340 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR CONGREGATE AND HOME DELIVERED MEAL PROGRAM I C' I City of Denton City Council Minutes Oclober 20, 1998 y Page 3 FOR SENIOR CITIZENS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 02228 - CONGREGATE AND HOME DELIVERED MPAL PROGRAM FOR SENIOR CITIZENS AWARDED TO SERVICES PROGRAM FOR AGING NEEDS, INC. N THE AMOUNT OF $26,(00.00) 9. NO. 98-341 AN ORDNANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR SELF SUFFICIENCY PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2230 - SELF SUFFICIENCY PROGRAM AWARDED TO HOPE, INC. IN THE AMOUNT OF $30,000.00) 10. NO. 98-342 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CUNTRACT FOR PRENATAL. PROGRAM FOR LOW-INCOME FAMILIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2260 - PRENATAL PROGRAM FOR LOW- INCOME FAMILIES AWARDED TO FAMILY HEALTH CARE INC. N THE AMOUNT OF $20,000.00) III NO. 98-343 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR TENANT-BASED RENTAL ASSISTANCE ADMINISTRATION PROGRAM; PROVIDING FOR THZ F CPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFEC?IVE DATE. (BID #2269 - TENANT-BASED RENTAL ASSISTANCE PROGI:AM AWARDED TO FAIRHAVEN, INC. IN THE AMOUNT OF $79,196.00) 12. NO, 98.344 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL AGREEMENT WITH DENTON COUNTY TO AUTHORIZE PARTICIPATION IN VARIOUS DENTON COUNTY CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. (FILE 02292 - INTERLOCAL AGREEMENT WITH DENTON COUNTY) 13, NO. 98-345 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASE OF MATERIALS, SUPPLIES OR SERVICES FOR THE PURPOSE OF PRESFNTINO THE SEVEN HABITS OF HIGHLY EFFECTIVE PEOPLE TRAINING WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH t r t City of Denton City Council Minutes October 20,1998 Pagc 4 THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 490111 TO COVEN' LEADERSHIP CENTER IN THE AMOUNT OF $51,000.00) 14. NO. 98-346 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A TWO YEAR CONTRACT FOR THE PURCHASE OF JANITORIAL SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2279 - JANITORIAL SERVICES AWARDED TO BRITTON BUILDING MAINTENANCE IN THE AMOUNT OF $210,430.00 PER YEAR) 15. NO. 98-347 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A COURT SYSTEM SOFTWARE PACKAGE INCLUDING SOFTWARE, MAINTENANCE, AND RELATED SERVICES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (PURCHASE ORDER #90104 TO COURT SPECIALISTS, INC. IN THE AMOUNT OF $118,055.00) 16, NO. 98-348 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL SERVICES AGREEMENT WITH BARBARA T. MCCALL ASSOCIATES, INC. TO PROVIDE CERTAIN INFORMATION AND SERVICES WITH REGARD TO LEGISLATION OF INTEREST TO THE CITY. PUBLIC HEARING 1 17. The Council held a public hearing and considered an amendment to Specific Use Permit (SUP) 193, a 5.4-acre tract, changing the conditi.ms to allow the addition of a portable building for the purpose of office space expansion The current conditions of SUP 193 allowed for the operation of an office headquarters and activity-training center, including overnight camping. This property was legally described as Lot 6, Block E of the Ranch Estates Addition, more commonly known as 4000 W. University. and was located on the north side of State Hwy. 380 (University Rd.), approximately (300' east of Masch Branch Rd. in the City of Denton, Denton County, Texas. The proposal was to bring in a prefabricated building for office expansion. (The Planning and Zoning Commission recommended approval 5-0 with conditions.) (Z-98-041, Cross Timbers Girl Scouts) Dave Hill, Director of Planning and Development, stated that the request was to allow for a portable building on the site to be used for office space expansion. The Planning and Zoning Commission recommended approval with three conditions; the location of the building would be limited to the area between the existing stables and Highway 380 and outside the floodway, the 1 j City of Denton City Council Minutes October 20, 1998 Page 5 appearance of the building had to conrotm to the existing structures, and the existing fence along the north property line would be repaired prior to the issuance of a certificate of occupancy. Since the time of the Planning and Zoning Commission noeting, repairs had already been made to the fence. The applicant indicated that there would be no problem covering the portable building with materials to match the existing building character. Opposition to case was over 20% and approval would require a super majority vote. Some opposition had been withdrawn verbally but it needed to be in writing in order to qualify. Council Member Cochran asked if the present owners sold the property would the specific use permit remain or would the portable building have to be removed. Hill stated that the specific use permit would be permanent as any other type of zoning classification. The use was not necessarily specific to a certain owner, City Attorney Prouty stated that the specific use permit was with the land and not with the applicant. Council could place a condition that the specific use permit would last only as long as the applicant used the property for a specil3c purpose. Hill stated that the specific use permit did not have an expiration date but the requested use was for a civic club and any next usage would have to be a civic club. The conditions from the first specific use permit would carry on with the property unlers specifically deleted. The Mayor opened the public hearing. No one spoke during the public hearng. The N:ayor closed the public hearing. The following ordinance was considered; i 1.98-349 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO SPECIFIC USE PERMIT (SUP) 193, A 5.4 ACRE TRACT, CHANGING THE CONDITIONS TO ALLOW THE ADDITION OF A PORTABLE BUILDING FOR THE PURPOSE OF OFFICE SPACE EXPANSION FOR 5.4 ACRES OF LAND LOCATED AT 4000 W. UNIVEP.SrIY ON THE NORTH SIDE OF STATE HWY. 380 (UNIVERSITY ROAD), APPROXIMATELY 1300' EAST OF MASCH BRANCH ROAD, IN THE CITY OF DLNTON, DENTON COUNTY, TX,; PROVIDING FORA PENALTY N THE MAXIMUM AMOUNT OF 52,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN ` EFFECTIVE DATE. Krictol'erson motioned, Burroughs seconded to adopt the ordinance with the conditions from the Planning acid Zoning Commission On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", { Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye", Motion carried unanimously, t ( t I City of Denton City Council Minutes October 20, 1998 Page 6 VARIANCES Council considered Items 18 and 19 together. 18. An exaction variance from Section 34-116(c), fire hydrants, of the Subdivision and Land Development Regulations for Lot 2, Block A, of the Denton Bible Church Addition. The 4.23- acre property was located on the northwest comer of the Nottingham Drive and Mingo Road intersection. (The Planning and Zoning Commission recommended approval 5-0.) 19. An exaction variance from Section 34.116(c), water line capacity, of the Subdivision and Land Development Regulations for Lot 2, Block A, of the Denton Bible Church Addition. The 4.23-acre property was located on the northwest comer of the Nottingham Drive end Mingo load intersection. (The Planning and Zoning Commission recommended approval 5.0.) Dave Bill, Director of Planning and Development, slated that the exaction variances for the Denton Bible Church were related to fire hydrants and water line capacity. The request for the fire hydrant variance dealt with a lack of reasonable benefit to the property owner. The Church intended io develop only the nonhem 2.45 acres of the lot at this time. This portion was already adequately served by an existing fire hydrant, The remaining 1.78 acres of Lot 2 would be developed as a parking lot. Because no structures were )roposed, the applicant believed that the cost of a fire hydrant and the related water line extension (,:seeded any reasonable benefit to the property owner, A compromise was worked out concerning the location of a future fire hydrant. The property owner could install the fire hydrant on either side of Nottingham as long as it was no more than three hundred feet from the existing hydrant. The second variance request would avoid having to install a water line to connect with the University line. The Planning and Zoning Commission recommended app.oval of the variance with the condition that no building or parking lot permit would be issued for the construction of any structure or parking lot on the southern 1,78 acres of the lot until adequate water line capacity was provided along Nottingham Drive to provide adequate fire protection. Burroughs motioned, Durranee seconded to approve the variances with the conditions as stated by slafr. On roll vote, Beasley "a! e"Burroughs "aye", Cochran "aye", Durrance "aye", Kristofcrson "aye", Young "aye', and A layer Miller "aye". Motion carried unanimously. ITFNIS FOR INDIVIDUAL CONSIDERATION 20. The Council considered approval of a resolution to declare the intent to reimburse expenditures from unreserved fund balance of the electric fund with Certificates of Obligation bonds; and providing an effective date, Kathy DuBose, Assistant City Manager for Finance, stated that this resolution would allow the r use of part of the electric fund unreserved balance for the projects and would be reimbursed by bonds to be sold in 1999. The projects would include the updating of the telephone switches with no early issuance of debt. 1 he following resolution was considered: I ~F M I City of Denton City Council Minutes October 10,1998 Page 7 NO. R98-057 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM UNRESERVED FUND BALANCE OF THE ELECTRIC FUND WITH CERTIFICATES OF OBLIGATION BONDS; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye', Durrance "aye', Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 21. The Council considered approval of a resolution to declare the intent to reimburse expenditures for public safety equipment (a quint and a snorkel) with Certificates of Obligation and providing an effective date. Kathy DuBose, Assistant City I,lanager for Finance, stated that this reimbwwment would allow the City to order a quint and snorkel for the Fire Department with funds from the local fund balance. Thcre would be no early issuance of debt. The following resolution was considered; NO. R98-058 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR PUBLIC SAFETY EQUIPMENT (A QUINT' AND A SNORKEL) WITH CERTIFICATES OF OBLIGATION AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye', Burroughs "aye", Cochran "aye", Durrance "aye", Krisloferson "aye", Young "aye", and Mayor Miller "aye'. Motion carried unanimously. 12. The Council considered approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. Kathy DuBose, Assistant City Manager for Finance, stated that this resolution would nominate members to the Review Board of The Denton Central Appraisal District. This N;=1 would be voted on by the Board of Directors. At this time the Board of Directors was only asking for nominations from participating cities. There were five Individuals whose terms were expiring, The city could nominate as many individuals as it wished, r J. The following resolution was considered: f. t r NO. R98-059 A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. V I City of Denton City Council Minutes October 20, 1998 Page 8 On roll vote for the nominations of Roland Laney, Raymond Redmon and Reggie Hill; Beasley "aye'. Burroughs "aye", Cochran "aye', Durrance "aye", Kristoferson "aye", Young "aye', and Mayor Miller "ayc". Motion carried unanimously. I 23. The Council considered adoption of an ordinance authorizing the City Manager to execute an airport lease agreement between the City of Denton and Jim Osborne to lease certain premises of the Municipal Airport for the purpose of constructing and maintaining office and hangar facilities thereon; and providing an effective Jate. Linda Ratliff, Economic Development Coordinator, stated that the lease would obligate Mr. Osbone to construct a hanger facility with 2,500 square feel and to connect to City sewer lines within six months of completion of the sewer line. This was a 30 year lease that was discounted for S years at 6 cents to assist with construction costs. Those discounts were added to the later parts of the lease. The following ordinance was considered: NO. 98-350 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND JIM OSBORNE TO LEASE CERTAIN PREMISES OF THE MUNICIPAL AIRPORT FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING OFFICE AND HANGAR FACILITIES THEREON; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "ayc", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor ' Miller "aye". Motion carved unanimously. 24. The Council considered adoption of an ordinance authorizing a Joint public hearing with the Planning and Zoning Commission and the City Council to be held on November 17, 1998 pursuant to Texas Local Government Code ¢211.007 (b) at the City Council Chambers at 7 o'clock p.m, to consider recommendation and action upon an ordinance creating a corridor overlay district; prescribing notice of the joint meeting pursuant to Texas Local Government Code §211.007 (d) by running newspaper ad and mailing notice to owners within the proposed defined corridor boundaries, Dave Hill, Director of Planning and Development, stated that a joint public hearing with the Planning and Zoning Commission was required as an alternative notification process would be used for this issue. The same type of notification as was used for the August 4th public hearing would be used for this notification, Council would take action on the issue on December 8th. ~~A The properly owners on McKinney would be eliminated as they were no longer in the draft ordinance. The following ordinance was considered: j 1 City of Denton City Council Minutes October 20,1998 " Page 9 N0.98-351 AN ORDINANCE AUTHORIZING A JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL TO BE HELD ON NOVEMBER 17, 1998 PURSUANT TO TEXAS LOCAL, GOVERNMENT CODE 1211.007 (B) AT THE CITY COUNCIL CHAMBERS AT 7 O'CLOCK P.M. TO CONSIDER RECOMMENDATION AND ACTION UPON AN ORDINANCE CREATING A CORRIDOR OVERLAY DISTRICT, PRESCRIBING NOTICE OF THE JOINT MEETING PURSUANT TO TEXAS LOCAL GOVERNMENT CODE 1211.007 (D) BY RUNNING NEWSPAPER AD AND MAILING NOTICE TO OWNERS WITHIN THE PROPOSED DEFINED CORRIDOR BOUNDARIES. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye", Durrance "aye", Kr6toferson "aye", Young "aye", and Mayor Miller "aye". Motion ca..TW unanimously. 25. The Council considered adoption of an ordinance granting a license to Acme Brick Company for the purpose of maintaining and operating a natural gas pipeline within the public right-of-way of the City of Denton, Texas; providing for ► license fee; providing for the regulation of the construction, reconstruction, maintenance, and use thereof City Manager Jez stated that this was the second reading of the ordinance. This would be a ten year license agreemet t. The following ordinance was considered: NO. 98-352 AN ORDINANCE GRANTING A LICENSE TO ACME BRICK COMPANY FOR THE PURPOSE OF MAINTAINING AND OPERATING A NATURAL GAS PIPELINE WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF DENTON, TEXAS; PROVIDING FOR A LICENSE FEE; PROVIDING FOR THE RECtULATION OF THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, AND USE THEREOF. c Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Bcas!ey "aye' Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", aid Mayor Miller"aye". Motion carried unanimously. Council considered Items 26.28 at the same time. Rick Svehla, Deputy City Manager, stated that this right-of-way was needed for the Highway 77 expansion. The diffevnee in costs was that one property was vacant and the otheis were residential property. Kristoferson motioned, Young seconded to adopt ordinances 026.18. On toll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and r ~ I i I I I City of Denton City Council Minutes October 20. 1998 y Page 10 Mayor Miller "aye", Motion tamed unanimously. 26. NO. 98-353 AN ORDINANCE APPROVING A REA:, ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND TEXAS INSTRUMENTS, INC. RELATING TO THE PURCHASE OF TWO TRACTS TOTALING 0.251 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 10); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE, 27. NO. 98-354 AN ORDINANCI' APPROVING A REAL ESTATE CONTRACT BE i WEEN THE CITY OF DENTOA AND MARY ANN BURCH AND MITCH EDWIN MULLENS, RELATING TO THE PURCHASE OF 0.157 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 18); AUTHORIZING THE EXPENDITURE OF FUNDS THEREMRE; AND PROVIDING AN EFFECTIVE DATE. 28' NO. 98-355 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND DON R. SWADLEY AND JANETTE M. SWADLEY, RELATING TO THE PURCHASE OF 0.178 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 28); AUTHORIZING THE EXPENDITURE, OF FUNDS THEREFORE; AND PROVIDING? AN EFFECTIVE DATE. 29. The Council considered a motion to authorize the holding of a City Council meeting outside of City l Tall. Beasley motioned, Young seconded to approve holding a City Council meeting at the DISD Central Services Building, On roll vole, Bea: ley "aye", Burroughs "aye", Cochran "aye" Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye", Motion tamed unanimously. 30. The Council considered nominations and appointments to the City's Boards and Commissions. COMM Member Burroughs nominated John Baines to the Historic Landmark Commission. t Council Member Cochran nominated Jimmy Polozek to the Electrical Code Boarli. Mayor Pro Tern Beasley nominated Dana Binnion to the Plumbing end Mochaaicat Code Board. J t C II i I~ III j City of Denton City Council Minutes October 20,1948 4 Page I I Cochran motioned, Burroughs seconded to suspend the rules and vole on the above nominations at this meting. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristofewn "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. On roll vote for the above nominations, Beasley "eye', Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 31. Miscellaneous matters from the City Manager. City Manager Jez indicated that Council had received a 1999 proposed city council mating schedule with several options. Staff would like direction on which option to follow. Consensus of the Council was to follow Option B. 32. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Durance asked about inquired about the City receiving ftutding from the crime bill in SB 2012. I B. Council Member Durrance asked about the time frame for consideration of traffic impact fees, Rick Svehla, Deputy City Manager, stated that the traffic impact fees were scheduled for M consideration on the January work sessions. 33. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the , Texas Open Meetings Act. 34. There was no official action on Closed Meeting items held under Section 351-071- 551.083 of the Texas Open Meetings Act, With no further business, the meeting was adjourned at 7:30 p.m. v JACK MILLER, MAYOR CITY OF DENTON, TEXA5 r ~ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS f t t CITY OF DENTON CITY COUNCIL MINUTES OCTOBER 21,1998 The Council convened into a joint meeting with the Denton Independent School District Board of Trustees on Wednesday. October 21,1998 at 12:00 noon at the DISD Central Services Building. PRESENT: Mayor Miller, Mayer Pro Tern Beasley, Council Members Burroughs, and Kristoferson ABSENT: Council Members Cochran, Durrarce and Young. I . Mayor Milkr called the meting to order and announced a quorum of City Counci I , nmbers. Items N2 and 03 were considered at one time. 2. Growth Management Strategy and Comprehensive Plan A. City of Denton B. Denton ISD 3. CityD1SD Communication on Growth Issues Dave Hill, Director of Planning and Development, stated that the City was ready to bring a draft growth management strategy to Council sot public review. He Indicated that staff would be able to l do a presentation to the DISD Board or at any of its meetings in order to help inform the public on this issue. January 19,1999 was the tentative date for adoption of the growth management strategy. Growth would be managed in the areas of location, quality, timing and quantity. Location of land uses would be strongly managed but equal distribution of growth to various sections of the city would not be strongly managed, Quality of development would be strongly managed. Timing of development would be managed to the extent that public services and facilities were available to assure adequate levels of service, Quantity of growth would be accommodated in proportion to market demand, but only if adequate services were available. A variety of growth management tools, such as the comprehensive plan, zoning ordinance, subdivision regulations, and incentives would be used to realiic the growth management strategy's objectives. An aggressive annexation policy would have to be adopted if density and quality orgmwth were to be managed in the current ETJ land. This strategy w ould be land use speci He and would indicate where various types of zoning would be located. It would be directly related to the ability of provide adequate levels of services. Rick Woolrolk, DISD Board of Trustees, stated that where there were overlapping boundaties, the DISD not have any authority in such areas as economic development. He understood that the City could give consideration to a development's impact on the DISD. He questioned if the City was using that at this point in lime. Hill m:llied that the City was looking at options for such an ordinance that would address the impact on the DISD and other districts. One point to consider would be what would be an adequate level A, r or service by the DISD when considering development ! ti Council Member Burroughs suggested that the DISD provide the City a status repotl on how a future development would impact their services. Ray Braswell, Interim Superintendent, asked what would be the appropriate way to address the District's concerns regarding a proposed development. i City of Denton City Council Minutes October 21,1998 Page 2 Hill replied that the Development Review Committee was the appropriate time to present the District's concerns regarding development. Council and the Trustees discussed the pros and cons of possible legislation that would impact the growth of the City and the growth of the DISD. Curtis Ramsey, DISD Board Trustee, suggested changing the location of the school issue in the outline of the comprehensive plan. He felt the current location made it look as though it were an afterthought. Todd Parton, Director of Planning-DISD, reviewed stud-,nt enrollment growth, ethnicity in the District, and analysis of growth trends as presented in the agenda materials. Board President Schaake questioned how the DISD could have consistent communleation between the DISD and the City relative to growth. Parton stated that the City's Development Review Committee was a good time to learn of new development coming to the City. Hill felt that until the City could determine how to further integrate into the school impact and f understard what legally could and could not be done, he had a concern that comments be consistently applied from property to another property. Council and DISD discussed the need for early communication between the entities relative to future developments and the impact on hush entities. Council Member Burroughs felt it would be helpful to see what the DISD projected as the economic impact from a proposed development. City Manager fer, suggested an early involvement in the development process and having the DISD's Planning Director in the process as early as possible. A checklist report on & proposed development from the DISD to the Council prior to the time Council was considering a zoning request might be helpful. - Mayor Miller stated that a checklist was fine but thre needed to be definitions of the criteria on such a checklist, 4. Update on Growth Rick Svehla, Deputy City Manager, presented an overview of the growth areas in and around the City, The number of budding permits issued was increasing with more development coming on the , northern edge of the City, Ann Windle, DISD Board Trustee, felt that attracting businesses to the City rather than home developers was Important. As a part of growth management, she would like to see how businesses would be attracted to Denton. The District could not tax enough on residential property to rum the schools. i I City of Denton City Council Minutes October 21, 1998 Page 3 Mayor Miller stated that the City was proactive to business development and was committed to economic devclopmeni. 5 Appraisal District Discussion Rick Woolfolk, DISD Board Tmstee, felt that the Appraisal District was experiencing some problems. He did not feel that the City had been treated fairly from the Appraisal District. The State had indicated that there were problems with the clectroric data the District was sending and the D1SD and City were going to have to refigure the information manually. Council and DISD d;scussed the need for a better valuation of property in order to better determine budget figures, There was also a need for better communication among the entities, 6. Legislative Issues a. Fast Growth Coalition Information b. Legislative Visits C. Impact Fees Ray Braswell, Interim Superintendent, stated that the DISD was taking proactive measures regarding legislative issues. It was seeking a change in the funding formula for a fast growth formula addition. They were also seeking increased funding for facilities, Schools were asking the State to pick up more of the funding costs for schools. The DISD was involved in a growth coalition to help with these issues. The DISD had hired a consultant to help them through the issues of impact fees. 7. Up&le on Ongoing Projects a. McMath Parks and Recreation Project b. Student Resource Officer C. New Athletic Facility Site d. Middle School After-School Action Sites Ed Hodney, Director of Parks and Recreation, stated that the gym and office space for the City Parks department at the McMath Middle School wer. completed, The program should begin soon. The administrative staff was revising the joint use agreement between the school and city. The operating agreement for the McMath School and South Lakes Park had been completed. A northeast community park site on Loop 288 was being considered. Barbara Fisher, Strickland principal, stated that the Student Resource Officer program was in the beginning stages of the project. They had been visiting classrooms and working with the intervention officer. This program presented a proactive pretence at the schools and the officer was veryproactive. Gary M ttheson indicated that the officer was well quali fled for the position and was e doing a greatjob., Steve Johnson, Supervisor•MLK Center, stated that the middle school after school program had J recently been revamped in an effort to ensure the longevity of the program. Initially the program 11 had enrichment classes being offered four days per week. That was changed to two days per week, A program goal was 40 participants per school site. With no further business, the meeting was adjourned at 4:10 p.m. c+ City of Den+'Am City Council Mw.tes October 21, 1998 i Page 4 JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENtMFER WALTERS CITY SECRETARY CI?Y OF DENTON, TEXAS w ifs + i A:.D.,uEa !tC~l _ LZL AGENDA INFOPUMATION SIIEE'f Dale- __,/_L~. v AGENDA DATE: January 19, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Howard Martin 349-8232 AC11: Kathy DuBose, 349-8228 SUBJECT: AN ORDNANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE PURCHASE OF A STEEL PLATFORM TRUCK SCALE; PROVIDING FOR THE EXPENDITURE OF FUIJDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 42312 - STEFL PLATFORM TRUCK SCALES AWARDED TO FAIRBANKS SCALES IN THE AMOUNT OF $52,v74). FACKGROUVQ; (See attached Tabulation Sheet) R - M1IENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications, Fairbanks Scales, in the amount of 552,974. ES.TIMIATED SCHFDULE OF PROJECTr C The quoted schedule for this project is 30 work-days after rrceipt of a purchase order or approximately the middle of March 1999. FISCAL MY010A110NI The truck scale will be funded from the 1996 Certificate of Obligation Sales account (634.024-CO96-8070-9003). Seventy thousand dollars was set aside for a truck scale installation at the Municipal Landfill. BID INFORIIIATION: This bid is for the acquisition of a 100-ton, above-ground truck scale necessary for the dccclupment of the new landfill. The scale is 11' wide, 100' long and will have 20' approach ramps. It will be electronic in d-.-sign and calibrated in 20-pound increments. r The lower bid by Sooner Scale irtcl0ed side rails, which would limit scale usage, and did r ' A not include the 20' approach ramp. t I c I u 1 I I AGENDA INFORMATION SHEET JANUARY 19, 1999 PAGE 2 OF 2 Respecctfully submitted: Neme: Tom Shaw, C,P,M„ 349.7100 Title: Purchasing Agent Attachment PI: TabulaVon Sheet I I ICAO VIDA I I 1 r I I h it i I r;~jf \ r., 2 I' n c, 'I 1 ATTACHMENT01 TABULATION SHEET BID S 2312 50 NAM STEEL PLATFORM Southoraat Sooner Sooner Powell All Folrbonka Mettler TRUCK SCALES Corp Soda Soala Steal Seale$ Toledo DATE 11.pK.q Seals Inc ' CITY -71059- VINOOR NDO D N i TOTAL SID PRICE H11,111 !62,723 W,!a2 NO SID 112,074 !!l,S21 14,320 !1,040 CONCP.ETE CONCRETE RAMP RAMP 9014D YES YES YES YES YES L 3 f ORDINANCE NO, AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE PURCHASE OF A STEEL PLATFORM TRUCK SCALE; PROVIDING FOR THE E\TENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID N2312 - STEEL PLATFORM TRUCK SCALES AWARDCU TO +'AIRBANKS SCALES IN THE AMOUNT OF $32,974). WHEREAS, the City hag solicited, received and tabuia:;d 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 s 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 ai d plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the following competitive bids for the construction of public works or Improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NU*NIBE $ CONTRACTOR AMOUNT I 2312 FAIRBANKS SCALES $52,974 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 rublic works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION III. That the City Manager is hereby nuthorlied to execute all necessary written contracts for the performance of the construction ofthe public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. 4 I~ f tl t~ SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and Improvements as authorized heroin, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective Immediately upon Its passage and approval PASSED AND APPROVED tide the day of , 1999 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:___, 1 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2212 STEEL PLATFORM TRUCK SC %LES CONT0.ACT.OADINANCE u, 5 1 r . h r I I t Agenda he._.`1.7._"QV.:l. Agenda Item.__ AGENDA INFORMATION SHEET AGENDA DATEt January 19, 1999 Questions concerning this acquisition may be directed DEPARTNIENTt Finance - Purchasing to Cary Tower 349.8424 ACNI: Kathy DuBose, 349-8228 t AN ORDINANCE ACCEPTING COMPETITIVE. BIOS AND AWARDING A CONTRACT FOR THE PURCHASE OF FLEET VEHICLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFEC71VE DATE (BID 42310 - FLEET VEHICLES AWARDED AS LISTED IN THE TOTAL AMOUNT OF $518,242), BACKGROUND: (See at(achcd Tabulation Sheet) REC0.IIAIENDATION: We recommend this bid be awarded to the lowest bidder as listed below, Items 4, 5, 6, 7 and 10 are being rebid and will be presented for award at a later date, ITEbI N E ClillTIR Y U LIE C 5 EA 'f EXT.Cm- I Electric''/, T. I Village Ford $42,225 N/A $ 42,225 Picku~+ Ford 2A 4 Door Sedan Ford 6 Phi_gott Fors _S14,870 S $75 S 92 670 2B 4 Door Sedan 3 Classic Chev. $15,493 $ 750 S 48,729 Chcv. _ 2C 4Door Sedan 3 McNatt $15,730 S 675 $ 49,215 Dodge Dodge f 3 2 Door Sedan I Clarsie Chev, 515,970 $ 750 S 16,720 _Chcv, 8 1 T.Cab'Chassis 2 Rill Utter 524,515.80 51,030 S $1,091.60 _ Ford Ford 9 I T, Cab'Chassis 4 Bill Utter $26,410,85 S1,280 $110,7W.40 Su er Duly Ford _ Ford _ II Van 15 Passenger 3 PhilpottFord $24,731 S 575 S 75,918 1 T. For ;2 Suourh.,n Chcv, I Classic Chev. S? 1 160 S 750 S 30,910 r 1 I r L I I I AGENDA INFORMATION :EET JANUARY 19, 1999 PAGE 2 OF 2 ESTIMATED SCHEDULE OF PROJECTt Quoted delivery of the various vehicles range from 45 to 120 days after receipt of a purchase order, FISCAL INFORNIATIONe The acquisition of this vehicle fleet will be funded from 199811999 Motor Pool replacement funds and 199911999 budget funds approved during the budget development process. The electric-powered pickup will be utilized by the Warehouse for courier and delivery services and other related duties. The cost ($42,225) will be divided among four sources. The base price for a similar gasoline powered pickup will be funded from the Warehouse budget and Motor Pool replacement funds. Eighty percent of the "up charge" for electric- power will be reimbursed from a TNRCC Clean Air Grant and the final 20% will be funded from Electric Utility budget funds. Base Price $10,363 $23,488 (TNRCC Grant Replacement) S 6.372 Elcctri^ Uti' y nudgct $42,223 )(ID IyFOIL4(A'j'1OY: This bid is for the purchase of Motor Pool fleet additions and'or Motor Pool fleet replacements. The individual units will be assigned to the Warehouse, Police, Water/Sewer Field Services, Electric Distribution, Fleet Services, Street Maintenance, Parks, and Library. rho multiple award for items 2A, 2B and 2C is intended to acquire a diversified fleet for the Police Criminal Investigation Division. Our recommendation is to purchase three of the lowest bid for a Ford Motor Co. product (Ford Taurus), three of the lowest bid for a General Motors product (Chevrolet Lumina), and three of the lowest bid for a Daimler. Chrysler product (Dodge Intrepid). The balance of the 12 units will be from the overall lowest bidder, Philpott Ford, and will consist of additional three fiord Taurus vehicles. Cary Tower, Fleet Services Superintendent, recommends extended warranties for all applicable vehicles. The prices listed will extend the warranty to a minimum of four years or 70,000 miles A tracking method is in place to lake advantage of these extended warranties. 2 I cAGENDA INFORMATION SHEET JANUARY 19, 1999 PAGE 3 OF 3 Reir4ctrully submitted: Name: Tom Shaw, C.P.M,, 3491100 Title: Purchasing Agent Attachment #1: Tabulation Sheet 1161AOL AA M, / . r 3 Ri I Bid N 2114 ATTACHMENT b} Oats: 32j11ioa TABULATION SHEET FLEET VEHICLES Na [Qty. DESCRIPTION VENDOR VENOOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR c Maxwell C111410 YIIaOa ford BIM UAer J"M*m PhIlpott Prestige Ain Maxwell Ford Chevrolet Ford O&IOT" Ford Ford 8amuefe Dodge Ood a 1 11 T. COMPACT PICKUP- 542,22!.00 1 ELECTRIC POWER 2 MID-SIZE SEDAN, 4-DOOR 2A 6 FORD MOTOR CO. 614,96000 1115,629.65 (11,170.00 115,159.00 3 GENERAL MOTOS 556,103.00 - 29 2C 3 DAIMLER-CHYRSIEA $19,13000 115,063.00 116,190.00 2 MID-SIZE SEDAN.2-DOOft It Cold D0 116,063,00 J 1 PICKUP 11 T. SHORT WHEELBASE 615,231,00 116,035,20 ° 4 1 1 PICKUP 3N T. LONG WHEELBASE $17,666.00 5 2 PICKUP 3r41, LONG WHEELBASE $20,045.00 b I CABiCHASSIS 31 T.4 %4 120,749.00 i 2 CADICHASSiS 1 T. EXTENDED CAD 124,961,00 121,606.00 52015.60 b 3 CAB/CHASSIS 121100 122,23400 120,410,65 9 2 VAIN.? PASSENGER MINI VAN 111,904.00 619,150.00 10 3 VAN-IS PASSENGER 1 T. 622,13600 125,000,70 121,131.00 11 1 SUBURBAN 311 T, SUV WITH 'L8 $30,160.00 12 PACKAGE D. LIVERY IN DAYS 00.120 45.100 00.150 45.150 00.120 10 00 75 00420 NOTE: ITEMS 4,5,6,1, 0 10 TO BE AE-BID i ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOk THE PURCIIASE OF FLEET VEHICLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID #2310 - FLEET VEHICLES AWARDED AS LISTED IN THE TOTAL AMOUNT OF $518,242). 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 malerials, equipment, supplies or sci-dccs 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 . 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 Jig No- YEa:& AMOUNT 2310 1 VILLAGE FORD S 42,225 2310 2A, 11 PHILPOTT FORD $168,588 2310 28,3 CLASSIC CHEV $ 96,359 2310 IC MCNATT DODGE S 49,215 2310 8,9 BILL UTTER FORD $161,855 1 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 rot 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 I1[. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into it formal written agreement as a result of the acceptance, At approval, and awarding of the bids, the City Manager or his designated representative Is hereby authorized to execute the written contract which shall be attache[ 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. 5 t• '4 SECTION W. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of finds therefor in the amount and In accordance with the approved bids or pursuant to a written contract made pursuant thervio as authorized herein. SECTION V. That this ordinance shall become eff :five immediately upon its passage and approval PASSED AND APPROVED this day of t999. i i JACK MILLER, MAYOR j ATTEST: JENNIFER WALTF.RS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTOR.IIEY BY: 1710 SUPPLY. ORDINANCE, c i 6 . f AGENDA INFOPMATION SHEET Agenda Ilem.__ i r AGENDA DATE: January 19, 1999 Questions concerning this acquisition may be directed DEPARTMENT, Finance - Purchasing to Ed Hodney 349.8271 AC,\I: Kathy DuBose, 349.8226 SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF UTILITY TRACTORS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR. AND PROVIDtNG AN EFFECTIVE DATE (BID 02328 - UTILITY TRACTORS AWARDED TO LAWN LAND OF j DENTON IN THE AMOUNT OF $60,741). BACKGROUND: (See attached Tabulation Shrxt) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications, Lawn Land of Denton, in the amount of $60,741. I . 2 Tractor 76 HP 2 wheel ,hive $17,979 each $35,958 2. Tractor 76 HP 4 wheel drive $25,979 each $25,979 Less Quantity Discount 51,196 (S 1.1961 560,741 ESTIMATED SCHEDULE OF PROJECT., Delivery is ,icheduled for 30 days from receipt of a purchase order or approximately the first week in Match 1999. }l,~(; f\I. 1 N t'OR.\I:\T ION: F Funds for these units will be taken from a combination of Motor Pool replacement funds and 1998199 Park .Maintenance budget funding, • Motor Pool Account 120.025.0584.9104 519,400 4 1998,99 Budget 100.038.0063.9104 $41.341 Total 560,741 ' 9(~e~e f U AGENDA INFORMATION SHEET JANUARY 19, 1999 PAGE 2 OF 2 IUD INFORMATION: This bid is for the purchase of three, 76-horsepower tractors for use by the Parks Maintenance Division. The units will be utilized primarily for mowing and general maintenance of the Parks and Recreation system. Two units are motor pool replacements and one is a fleet addition. Respectfully submitted: I Name Tom Shaw, C.P.M., 349.7100 Title, Purchasing Agent Attachment t41: Tabulation Sheet Neo wEVbA 5 4 i i f, , 2 t. ATTACHMENT 01 TABULATION SHEET SID 1 23J% BID NAME HEAVY OUTYUrUTY TRAILER (9) AWOWER LAWN ZIMMERER SAGINAW INC LAND KUBOTA IMP. CAT E SJan•9Q 0 QTY DESCRIPTION NDOR VENDOR VlN00 NDOR 1 2 EA HEAVY DUTY UTILITY TRACTOR APPROX 71 ENGINE HORSEPOWER. WHEEL OR. 911,481.00 917,471.00 310.811.00 111.77}.00 Mf : JDEERE JDEERE KUBOTA JCEER MO !EL: 1410 04+0 M1200 1410 OEUVERY DAYS 41 OO 72 Opal 2 1 FA HEAVY DUTY UTILITY TRACTOR APPROX j 78 ENGINE HORSEPOWIR,4 WHEIL DK 121,110.00121471.00 127,01!,00 127,44/.13 MFG: JOEER! JOEIRl KUBOTA JCEER MODEL: 1410 1410 M820T 1410 DELIVERY DAYS 45 70 32 DISCOUNT ALL OR NONE 11,111:00 /071.00 ALL PURCHASE Self Leve.;rp t f 3 tORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF UTILITY TRACTORS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID #2328 - UTILITY TRACTORS AWARDED TO LAWN LAND OF D ENTON IN THE AMOUNT OF $60,741). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has prodded in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or ser%tices approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBE$ h'Q. VENDOR AMOU14 f 2318 ALL LAWN LAND OF DENTON $60,741 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 Ill, That should the City and persons submitting apprmved 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 written contract is in accordance with the terms, conditions, specifications, standards, quantities and JJ specified sums contained in the Bid Proposal and related documents herein approved and accepted. At 4 i U i SECTION. 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 1994. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: j APPROVED AS TO LFOAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 23:9 SUPPLY. ORDINANCE J Ai, r„ r ra.r 1 5 I I i t 41111(1a No, AO&* hm-L l AGENDA INFORMATION SHEET AGENDA DATE: January 19',1999 DEPARTMENT: Planning & Development CMIDC,NIIACN1: Rick Svehla h SUBJECT, Hold a public hearing and consider approval ofa resolution adopting the Denton Plan Growth Management Strategy. BACKGROUND; The City Council is scheduled to hear public comments and consider adoption of the Denton Plan Growth Management Strategy (OMS) on lanu.7 l9*, 1999. This is the second City Council GMS public hearing, and follows a January 12 , 1999 work session, at which time staff was asked to clarify the geographic scope of the population forecasts as stated In the GMS Buie Assumptions. The changes were made as requested (see Exhibit B, page 9). Staff has also attached only the exhibits intended to be part of the Growth Management Strategy, If adopted, the GMS will become the second Denton Plan document formally approved by City Council. The Denton Plan Policy Documents were approved by City Council on April 7°, 1998. The Planning and Zoning Commission held a second public hearing on January IP, 1999, and made a unanimous recommendation to the City Council that the GMS resolution (Attachment A) be approved (6.0, Ganzer absent), One citizen spoke In opposition to the GMS, citing the drag 1997 Denton Development Plan as the preferred option. Several P&Z Commissioners were more comfortable recommending approval after staff indicated that the OMS could still be revised during the comprehensive plan review process, at a time when further p1mming details become available. The Growth Management Strategy (OMS) is intended to establish community objectives regarding future land uses and development activity in the City, and: 4 The GMS will serve as the cornerstone of the City's Comprehensive Plan. 0 The GMS provides for a 20-year timeframe to forecast growth and determine how the community will respond to development pressures. f• The GMS provides a forum for public discussion to allow citizens to discuss the impacts of significant growth anticipated for an extended period of time. ♦ The GMS is intended to be adopted by the City Council through it resolution, and may be altered as the Comprehensive Plan process unfolds in early 1999, r t Me(, .O 04""„,,,,,.,0% ..~M PAGE t i I i i I 'I The GMS contains the following information, maps, and options for the City's growth management: • Population by Sub-Area Map • Growth Management Strategy Plan ♦ Growth Management Assumptions • Growth Management Strategy Conclusions 1 Specific Aspects of the Growth Management Strategy Plan • Growth Management Strategy Recommendations The GMS conclusions include haw the City will manage growth, such as- • QUALITY of growth will be strongly managed. • QUANTITY of growth will be managed through Adequate Public Facilities requirements and proactive planned extensions of services. • LOCATION of growth will be strongly managed as Indicated on the Growth Management Strategy Plan, 4 TIMING of development will be strongly managed and the City will consider equitable incentives to stimulate growth in predetermined sectors orthe City that tie a long-standing commitment to the City. RECOMMENDATION Staff recommends approval of the resolution adopting the Growth Management Strategy. ESTIMATED SCHEDULE OF PROJECT Work dedicated solely to the Growth Management Strategy will conclude on January 19, 1999, if the attached resolution is approved The Growth Management Strategy will then be Incorporated into the comprehensive plan as part of the final part of the Denton Plan. PRIOR ACTIONIREVIEW At a public hearing held January 5", 1999 before the City Council, two members of the community commented on the Growth Management Strategy. On December 15'", 1998, HOK/Renee Jaynes presented the revised draft Growth Management Strategy to City Council, This same Information was presented to Planning and Zoning Commission at a public hearing on December 10h, 1998. No community comment was offered, On November 17", 1998, the City Council held a public hearing that culminated the review process for the draft Growth Management Strategy. This public hearing was held after a community workshop on November 14'", 1998. RUST/HOK and Renee Jaynes were contracted by the City to produce the Growth Management Strategy and have since moved forward to revise this document to reflect the consensus on these Issues in the community, The documents within this report reflect the few changes that were necessary. , During the August IIw, 1998 Work Session, City Council indicated support to execute r s, c administrative change orders In the Existing RUST/HOK contract. City Council approved 11'' Change Order 02 at their November 2n°, 1998 meeting. The change orders were needed to allow smooth transition from the development of the Preferred Development Scenario, which is a land PAGE2 ` c{ I use and land density mapping guide for future growth. The Growth Management Strategy defines opportunities to achieve the Preferred Development Scenario. Staff presented the Draft Growth Management Strategy at a series of meetings and public hearings, culminating in a commkutity workshop, Generally, the public, with comments and reservations, has favorably received the Draft Growth Management Plan and Strategy. Approximately 247 people attended the community meetings and the workshop. A total of 403 people attended community meetings and the workshop beginning with the forecasts and Development Scenarios which were taken to the public as part of the GMS in March of 1998 and through to the GMS Community Workshop. In addition, another 400 people were surveyed regarding Growth Management in the City. We also received a significant amount of written comment an In-house written survey information outside of the quantity of people who participated in the community meetings and SRC survey. During the policies phase of the Denton Plan, approximately 398 people attended community and association meetings. No count was taken for public hearings and work sessions. Approximately 29 community, association, board and council meetings were scheduled for review of this information with the public. 119" aaursro DATA DISDlCC Joint Meeting Wed. Oct. 2111 A,0'"d°rai Raynor Elem. Cafeteru Mon. Oct. 260' 149"" klft, s Borman Elem. Cafeteria Tues. Oct 270' Planning & Zoning Commission Work S ssion Wed. Oct 2811 ronacAITa Wilson Elem. Cafeteria Thum, Oct, 20" ~ W'°~' TmMc Safety Commission Mon. Nov. 2nd r.a a~r.a, Let Elem. Cafeteria Mon. Nov. 2nd Public Utility Board Mon. Nov. 2nd OU MWrarv ROM DISD Tues. Nov. 2"d u Gerwol ara MILK Rec Center Room A Tues. Nov.3i1 aogWe.r Senior Center Tues. Nov. 3'd Houston Elem. Cafeteria Wed Nov. 40' a~awrwawMraaDas ' Environmental Committee Wed Nov.4' North Lakes Rec Center Thurs. Nov, S" Fred Moore Center Thur. Nov. S" AaaraalYi City Council Chambers Sat, Nov. 70' Hodge Elem. Cafeteria Sat. Nov. 70' MCNAIr Elem. Cafeteria Mon. Nov. 9'" t City Council Work Session Tues. Nov. 100' M e 04 _ Planning A Zoning Commission Public Hearing Wed Nov. I t" Communit Wide Workshop Sat. Nov. N" Park Boa Mon. Nov. 160' City Council Public Ileaiing Tues. Nov. 170' MALL 5d~ Ch Council Work Seulon Tues. Dec, 150' A"'-SX041"'"` Planning & ZoningCori misston Public Heading NI Wed Dec. 160' arusewrAnolr City Council Public Hearing N1 Tues. tan. S0' rwaTOOL8 .san Ci1y Council Work session Tues. Jan. 120' P&Z Public Hearing $2 and Recommendation Wed. Jan. 130' ro«"oo~a u¢a t' ' , ONISArION ILV AN Arw"s x~ e (P&Z RreommendationofApproval.6.0) IV CAP, NA The Growth Management Strategy fits within the overall NOWIt1►sevsra""'"°°R'a iw A9""Naa wan Anr u ° l J r 1 wnanarao«a raU A. 1`141til KkhI j Denton Plan process proposes! by staff In June of 1997. The ewcT.~ i:.owAas f relationship between the Development Scenarios, Nr~ n. tfsn ri.nCia~A 1111TH w.r„ l r An fiN! I~~w11 A. PAOR 3 i1 I N I Growth Management Strategy, and the Comprehensive Plan is indicated in the adjacent chart: FISCAL INFORMATION Approximately S33,263 in unspent funds from the original RUST410K contract is available for the Growth Management Strategy contract amenument. An additional $37,847 budget is earmarked in the 1998.1999 budget to pay for the additional services needed, resulting in a total of $71,110 to complete the Growth Management Strategy. Staff has puTared administrative Change Order M1 to allow work on the revised scope of tasks. At Council's November 2nd, 1998 meeting, staff received authorization from Council to execute Change Order 02 to complete the remaining tasks in the revised scope, Alm The attached map, Exhibit A2, Indicates the Preferred Development Scenario (GMS Plan) for the City. It reflects the o)nsensus of public meetings, a community workshop, development scenario surveys, growth management telephone survey results and tl:e adopted Denton Plan Policies. The illustration is intended as a guide for the future comprehensive land use plan development and indicates general land use, transportation patterns, floodplain preservation, open space and parks, utility service areas, as well as other features. Respectfully Submitted: bav .Hill , arming do Development Director Prepared By: 14Mceth Comprehensive Planning Manager 4 1 ' IEXH IBITSt Attachment A Dratt Growth Management Strategy Resolution Exhibit A I Projected Population by Sub•Areo Map 1 Exhibit A2 Growth Management Plan Exhibit B Growth Management Plan Assumptions t (fr'~ < Exhibit C Growth Management Strategy Objectives and Tools Exhibit D Growth Management Strategy Recommendations t M, 1. ?%Do aF*0"6 MIVM'WN"','f W CA ignad PACE 4 ' J\ ATTACHMENT A RESOLD PION NO. A RESOLUTION OF TH E CITY OF DENTON, TEXAS ADOPTING THE DENTON PLAN GRON"fH MANAGEMENT STRATEGY AS A MAJOR COMPONENT OF THE CITY OF DENTON COMPREHENSIVE PLAN. i WHEREAS, the City Council of the City of Denton initiated the Denton Plan process in July 1997; and WHEREAS, the rkoton Plan precess contains sequential components intended to lead to the completion of the Comprehensive Plan, including the Inventory of Existing Data, Demographic and Land Use Demand Forecasts, a Community Vision Statement, Planning Policies, Alternative Development Scenarios, and Growth Management Principles; and WHEREAS, the City Council adopted a Community Vision Statement and Planning Policies on April 711,1998; and WHEREAS, the Inventory of Existing Data is considered an ongoing process, Demographic and Land Use Demand Forecasts have been completed, and Alternative Development Scenarios have been publicly reviewed and debated; and WHEREAS, the City Council has determined that a clearly articulated Growth Management Strategy is essential to the development of the Comprehensive Plan; and WHEREAS, the Growth Management Strategy has been reviewed, debated, and revised during numerous public meetings, workshops, and public hearings; and WHEREAS, the City or Denton Planning and Zoning Commission conducted two public hearings to hear citizen comments regarding the Growth Management Strategy, and on January 13')', 1999 recommended approval of the Growth Management Strategy to the City Council; and WHEREAS, the City of Denton City Council conducted two public hearings to hear citizen comments regarding the Growth Management Strategy, and has conducted several work sessions to review and revise the Growth Management Strategy, it is the intent of the City k~ Council to adopt the Growth Management Strategy as a major component of the Comprehensive I' Plan, subject to further revision during the Comprehensive Plan review and adoption process; NOW THEREFORE r.. cw.6%Jm%"Iptt 4M (.4% I.,.," p. PAGES cl i a THE CITY COUNCIL OF THE CITY OF D£NTON HEREBY RESOLVES: jSiclion I• The Growth Management Strategy, attached hereto as Exhibits Al, A2, B, C, and D, is adopted as a policy guidance document for planning and land development decision-making purposes. Section 11 , The Growth Management Strategy Is hereby considered an Interim policy guidance document needed for the development of the City of Denton Comprehensive Pion, and may be amended as necessa,y during incorporation into the Comprehensive Plan as adopted by the City Council. Section I . This resolution will take effect Immediately upon adoption. PASSED AND APPROVED this the day of, _ , 1999. .ACK MILLER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY APPROVED AS TO LFOAL FORM: BY: HERBERT L. PROUTY, CITY ATTORNEY r nK. .n.a.an.a...~µrMw~hrcuecan q.wM PAGEo t, Exhibit Al Projected Population by Sub-Area Map ht FxpNftldnx lM'nIV l .ADL A idm.1NOUNI UWA SFL SIN110 Ffmhf tow Ni"Iy C'Nlh SI S V.Iff Ffmry SN/044" Axsity MF Wmm Femify t'nhr . r-Arl'Ird Ircf Aflxln'Wilt -MNfd FfNdb, O Frv/frkd.Inf NovOmmf"1-SM1lf hmW A" It .SuAxrAan ,Wn II,Jq hJntrdAm Nrpa(n"rfld-Slwlfi Ffmy Law ❑ Mxdy im Amwf fnC Yl ln L'J I I Jot L.r A' fr 71 ra /AJrn{)y. AJr~~1f" -A" M - YY, IrIJI l12 IN, Iwe U IM, &-T'IJ/1 ~ f r.. iS(~31f n" f _ m f1 1r~I, 1)~ Am 14 `IX'_1r J11 I~ II 11JIf Y1 mrytM'i WJUINU I k N,'rl fau~rw 4f xrlm~- nnrn J ~ lis L . Jv, fIY1 re~ A , lko- THE DENTON PLAN nENroJE r)(M own flgo/WIr1J,ff rIICF;~IIIF;Ft 19s1J3 -PA" .7 i Exhibit A2 Growth Management Plan rum re Ri-vNer dal - Law Dtxsiry Rtsidemdal f'ufm ReddewAd - NeigflArldrood CeuterA Fdidirg Re%ldenfiat Panern Alulil-Pan111yRf11J.atln! r w•.t~ \J ' CUMIM7elY'IRI / Dice / Allred f!re JJ R fnduifrln! hJ '~a' Y q f Igbt fnJawfaf II Y, - Inttilnllonal r u... PurAI/4)penSpare f laodpluln/ Gre"'Arlt 0014.0dnen/C'nlrnt7ry DlVrht Agrfa n7laraf ~ ~ # .i ~ 1M 1 H rrt+r I f•.rwi y K' t r dMy.SA+ni Cwlsd ~ w++1~ ~ JJf / r THE DENTON PLAN Iwo PFN TON, TEXAS X CIryoFDrnfon DI (L%111111 111PI RM PAGE 8 c a Exhibit B Growth Management Plan Assumptions Based upon the preferences expressed by the citizens of Denton at community meetings and at the community workshop held to present the Draft Growth Management Plan, the following Growth Management Plan Is presented as a preferred alternative for future growth In Denton. The plan combines many of the concepts from the alternative development scenarios that received favorable responses at the community meetings, Including the development of 'neighborhood centers', 'urban centers', and a strong Industrial district within the City, while encouraging the restoration, redevelopment and Infill of parcels in the downtown area and adjacent to the University of North Texas, and Texas Woman's University. Basic Assumptions The following are the basic assumptions of the Growth Management Plan: 1. The Planning Horizon is for the year 2020. 2. The estimated population In the year 2020 will be 213,000 for the entire study area, which includes the City of Denton and As anticipated 5-mile extraterritorial jurisdiction (ETJ). 3. The population of the City of Denton In the year 2020 will be 191,910, with an additional 45 square miles of ETJ expected to receive urban services and be considered for annexation. 4. Ths City Intends to accommodate the additional population that the market dictates. 5. The mix of Reskieiliat, and Commercial land uses will be approximately the some as nurrently exists; Industrial land uses will be Higher, and Institutional uses will be lower, S. Within Residential Land Uses, the percentage of Multi-Family to Single Family uses will be less than exists today. { 7. The Zoning Mix In 2020 may or may not be the same as currently exists. { 8. Denton will continue to encourage a range In housing types and densities in order to respond to the needs and desires of lis' resldents. 9. Average residential densities will W the same as exist today. i 10. There will continue to be an average of 2.8 people per SF residential unit and 1.8 people per multi-family unit. 11. The eversoe, cilywlde, Single Family lot sire will continue to be 10,000 SF, which corresponds to a density of 3 units per acre. The Single Family residential density In Neighborhood Centers will average 4 units per acre. 12. The average density for Multi Family development will continue to be 14 units per acre, which corresponds to existing development patterns.' 13. The minimum lot size for SF Low Density development will be 2 acres, or more if required to support a septic system. 14. Based upon the anticipalea quantities and locations of future population, and the city's existing land use mix, the city will need to accommodate approximately 15,000 additional acres of single family development, and 1200 additional acres of Multi-Family development, 15, Based upon the additional residential development and the existing land use mix, the City will need to accommodate approximately 3000 acres of industrial development 3200 acres of commercial development, and 2700 acres of Institutional development 16. The plan encourages InGll development, restoration and redevelopment within the existing i Center City and surrounding the universities. { f 1 While many dcvelopcrs are today requesting higher dc nsitits than 14 wits per acre for apartment development, ( c a GMS recommends slower average density citywide due to recommendations to accommodate lower density multidimily uses such as townhomea. iI c Mr a,rnn,,,■ M onn.w /W aJnN Mrw Lary, cc AM uMa 1"" M PAGE 9 i II I~ I I rt The following tables indicate the Forecasted Population, Dwelling Units, and Residential Land Use by sub-area: fable 1 i Denton Planning Area Growth Management Strategy Forecasts of AdditionRl Population and Dwelling Units By Sub-Area 11299- 2020 dub 1 Change p a u ing e• MOO- ow Area Populatio Populatio Populatio Family Family Family Family Density [!n n n Populatlo Poputatlo Dwelling Dwelling Dwelling n n Units Unite Units 7 2 1 Tie 2A- 566 T.W 1,996. 1.110 - I 33!037 _WM 0.. 1 81097 -2,3-6-8 1 2063 1 ea 539 ~'F $ 4,2451 , 491 49F I I 20,D44 37.500 9,4 72 11,959 7 1, 120 10,000 8$b a aw 31171 17 10,000 9,823 9023 4,912 2 7 4,5W 4,213 4213 1605 6.( 3.4 9 3419 1 1. 28,500 28:032 127,6 94,370 30220 10430 6.60 mid 191,910 TEE4 71 Rural: 28.38, 48, 88, 9, 10, 11, 12 Footno►g; Several sub-areas have been split Into A and 6 categories for the purpose of understsnding which sectors of the City may be Included WOO the Cily'a related Growth Management Strategy's fuiure t annexation plans f ` i r M,D.~6ND~Pwuf..PlN41*k grccAdLV5rywwF„ WE 10 0 l% I I i I Table 2 i Denton Planning Area Growth Management Strategy Forecasts of Additional Residential Land Use By Sub-Area His - 2020 U ng e- am y u • sm ly ow Do-nifty rp am Area Dwelllno Dwelling Owening t and use FamOy~l~ Land Uas Units Units Units (Act") Land UN (Asa) 1.505 (Acres) 106 -Tiv 80 z 2.368 3,38~ 592 242 5y- 830 -fff 4A 1.Wa 379 48 5 1.959 2.207 490 TW +1358 , as 3,0110, T- W2 '10 1221 244 1 ±5113 2.0" 11T, 20' _ S.~ 11.338 UIZ rIE; Urbanizing: 1, 2A, 3A, 4A, 5, B, 7. 8A, 14, 15 Rural: iB, 3B, 4B, 88, 8, it.',11, 12 Footnole: Several sub-weas have been split Into A and 8 categories for the purpose of understanding which secturs of the City may be Included within the City's related Growth Msnsgement Stralsoy's future annexation plans. i CN,De~NtheD eWw AD( e$"M cxnanNy0ww PAGE II it Growth Management Strategy Quality Quality or growth will be strongly managed. Quantity Quantity of growth will be managed through Adequate Public Facilities requirements and proactive planned extensions of services. Location Location of growth will be strongly managed as Indicated on the Growth Management Strategy Plan. Timing Timing of growth will be strongly managed through tools such as Adequate Public Facilities requirements and the Capital Improvements Program. Specific Aspects of the GMS Plan I. Anticipating and allowing growth along the southern borders of the City of Denton, provided development pays Its' own way, except In cases where the City wishes to provide Incentives to encourage it's desired urban form or corridors. 2, Adopting an aggressive annexation policy In order to manage the density and quality of growth within current ETJ land, and to maintain the existing CCN. 3, Using infrastructure master plans to develop expectations of adequate levels of public services, In areas where water and sewer services are provided, moderate density development can be accommodated. In areas where services are not available, low- density development will be necessary, using septic systems and wells. 4. Singte family Low-Density residential uses will be allowed to develop in areas outside of the Urbanizing Areas, The size of the lots In those areas will be based upon the area required to support a septic system, and will vary based upon each location's soils. The remaining land within those areas would remain as agricultural uses. 5. Wthin the Urban and Urbanizing Areas, higher density residential patterns would be allowed to occur, 6. These areas could be developed as 'Neighborhood Centers' that are developed in an inwardly oriented manner with a focus upon the center of the neighborhood. These developments would be established kr a manner that locates the center of the neighborhood within a 5 to SO minute walking distance from the edge of the neighborhood. The center would contain uses necessary to support the surrounding neighbohoood including retail uses such as convenience grocery, barbers, or small professional offices, higher density residential uses such as townhomes, perk uses Including central neighborhood "preens' and Institutional uses such as fire stations, schools, libraries and transit nodes The mix of uses Identified to support each neighborhood may be developed In a vertical manner with shops on the ground floor and offces or residences on the upper Boors 7. Future residential development within established resldentlel areas would be developed in a manner that responds to the existing residential development with compatible land uses i and patterns The plan recommends that existing nelghborhoods within the City be 1 protecled and preserved c M, D.. v N. n.m,* rw C N.a 44-In At..1, <C AI%G W i.,A,W PAGE 12 IIII I Ili I I 8. The center of the Infill development would be In the downtown district where preservaiion, restoration, redevelopment and Infill would be the focus. Also, it is recommended that the City consider creating "University Districts" at UNT and TWU. These districts would focus on developing compatible, supporting land uses adjacent to the universities. g. Multi-family residential development will be accommodated in the plan in a variety of forms. Many of the deteriorating apartments adjacent to the universities could be renovated or redeveloped as new student housing In order to better support the needs of LINT and TWU. Additionally, other types of multi-family development should be considered within the City such as townhomes. It is recommended that multi-family development be located In areas that provide transitions between lower and higher Intensity uses, cnd In a manner that will not negatively impact surrounding uses. Additionally, multi-family uses should be located In small groupings around the city in a manner that provides a mix of uses and densities, rather than concentrating all multi-family uses in one area which can have negative impacts upon the City. 10. Future commercial uses are accommodated In the plan at key nodes throughout the City. The plan recommends that commercial uses not be located continuously along oo,4dors in a `Strip" manner. It. Business would be accommodated In the plan in several areas. At the intersection of loop 288 and IH 35, the plan calls for an urban center. This center would be a mixed-use center containing office, retail, and high-density residential uses. This center could also Include some research or technological uses that would be compatible with the activities at the universities. A second urban center south of too intersection of loop 288 and IH 35E could contain medically related offices with a mix supporting uses. A third urban center on the south side of town would be located at the Cn,o's ETJ along IH 35 west This renter would probably develop after the first two urban centers and could support general office uses or activities supporting Alliance Airport 12. In order to support the proposed urban centers, and to provide additional support for the Universities, the plan proposes that the City consider extending the existing runway at the airport to 7500 feet In length in order to accommodate business jets. Wth this expansion, it is proposed that the areas immediately adjacent to the airport be reserved for Industrial uses. Industrial uses are typically very compatible with airports due to nolse restrictions. Uses within this area could Include light manufacturing uses, distribution centers, or any other industrial uses that are compatible with the City's policles regarding environmental quality. Additionally, existing noodplains In this area could provide a very effective visual buffer between industrial uses and other surrounding uses. 13. While the plan does not specifically Identify locations for future parks and Institutional uses such as parks and schools, It Is recommended that these uses be located as required to adequately support future residential development. Additionally, it is recommended that these uses be located in a manner that encourages community building Wthln neighborhoods. The layout of neighborhoods should be In a manner that provides focus upon these facilities, with strong pedestrian links to these facilities f{om the surrounding neighborhood, and with links to the City's regional pedestrian and transportation systems. 14. In all areas, the plan recommends preserving the 100-year lloodplaln In order tc provide adequate dralnage systems, preserve wildlife habitats, for passke recreational uses, for the development of traits systems, and for providing buffers between Incompatible land uses. ' 15. The plan recommends further evaluatk,n of the value and function of the natural environment within the study area to Identify areas with unique ecological slgnifcance for consideration on ! a more site-specific basis in the Comprehensive Plan. j 18. The plan recommends that the City's Urban Design objectives be considered on a more site- specific basis hi the Comprehensive Plan. (W,n o. wMbmm/,",IHeraNgrnIuYry,tfAllCyllI'm"A" PAGE 13 c 1 i c. v i 1 ( i Growth Management Strategy Objectives and Toils Exhibit C ISSUE OBJECTIVES TECNNIOt1 WOOLS< Quality of Growth • Strongly manage quality of new a Growth Management Strategy Map development. • Comprehensive Plan a Protect environmentally sensitive s Small Area and Corridor Planning areas, • Capital Improvement Program • retain Demon's quality of lire and • Master Plans for Infrsstarcture unique character, • Adequate Public FacIlWes Policies • Revised Utility Participation Policies • Incentives to Enaours" Infill and Rednnbpment Activity a Inoentlwa to Accomplish Comprehenehra Plan Obje 04s • Zoning Ordinance and Map, Subdivision Regulations and Site Plan Review Process • Joint Planning and Intwlocal Agreements with Other Governmental Agencies Quantity of Growth . Menu 1jentity of growth to ensure a Growth Management Strategy Mop h that ft! 4uate public facllitl" exist to a Comprehensive Plan service growth and that new • Small Area and Corridor Planning development meats community a Capital Improvement Program standards. a Master Plans for Infrastructure • Adequate Public Facilities Policies a Revised Utility Participation Pokles • Impact Fee Program a Annexation Policies • Incentives to Encourage Infill and Redevelopment Activity • Incentives to A%ompflsh Comprehenslve Plan ONectIves • Zoning Ordlnsnce and Map ..a Cu+, 0w T%Dn PIWOW4 W" k"Cl ul OW l"In PAGE 14 c. s Orowth Management Strategy Objectives end Toole Cw►dnuei~ ISSUE OBJECTNES TECHNIOUEWOOLS Location of Growth a Strongly manage location of growth, a Growth Management Strategy Map a Support mixed-use in appropriate a Comprehensive Plan locations. a Small Area and Corridor Planning a Enoourags Infill development, a Capital Improvement Program a Preserve existing nwighborhoods and a Master Plana for Infrastructure Downtown, a Adequate Public Facilities Policies a Encourage nonresidential growth that s Revised LNIfty Participation Policies enhances the City's and School a Impact Fee Program District's tax bees. a Annexation Policies e Incentives to Entourage Inhn and Redevelopment Activity a Incentives to Acoomplish Comprehensive Plan Objectives s Zoning Ord►nanos W Map, Subdivision Reguletlais and She Plan Review Proosse Timing of Growth a Control the timing ofgrowth to ensure a Caphel Improvement Program the edequats pravislon of City a Master Plane for Infrastructure 1 services and facilities. a Adequate Public Facilities Policies a Stimulate growth In dealrad areas. a Revised LWIlty Participation Policies e Impact Fee Program a Annexation Potlolsa a Incentives to Entourage Infill and Redevelopment a IncentWes to Aocomptish Comprshao" Plan Objectives a Zoning Ordinance and Map r e~ra.r,.~rnYc ~wa..awtiww~urcAnOWI" ht PAGE If Growth Management Strategy Recommendations Exhibit D 1. Adopt the Growth Management Strategy -The Growth Management Strategy Map provides the City with an overall urban form and general j land use pattern that the City is trying to achieve. The map can be used a tool for planning for infrastructure improvements and the delivery of other essential public services, It allows the City to be more efficient In the delivery of public facilties and services by planning for the location and quantity of future growth. The map provides the City with a guide for the development of the Comprehensive plan that will give more detailed Information on future land use locations and the density of future development activity, The Growth Management Strategy Tools provide the means for accomplishing the City's growth management objectives. n I 2. Adopt a Comprehensive Plan • The plan wi11 define the City's objectives regarding the location, amount, use and character of desired 1 development. It will provide a more detailed outline of the City's desired urban form. It can be used as a toot to evaluate and guide future land i use decisons. It provides a mechanism for coordinating Master Plans for City services and facilities, The plan will delineate the ultimate boundaries the City wants to achieve. It gives the City the opportunity to preserve and stabilize Its residential areas and protect environmentally sensitive and historically slpnificant areas. It also allows the City the opportunity to capture economic development opportunities by designating compatible locations for commercial and Industrial growth. By adopting a comprehensive plan and using it as a tool in guiding development s decisions, the City can make sure that future growth is compatible with existing development. 3. Conduct Small Area and Corridor Planning to achieve the Comprehensive Plan's Objectives - Certain areas around the City, such as I major corridors, Downtown and the areas surrounding the Universities, need more detailed planning to achieve desired City objectives. 1 4. Use the City's Capital Improvement Program (CIP) to achieve the Comprehensive Plan's Objectives • The CIP can be used to direct growth to desired locations within the City, It can also be used to control the quantity of development through the level of facilities and services provided to specific geographic areas, Because the CIP also controls the timing of when facilities and services will become available, H is a tool for controlling the rata of growth. To be an effective growth management toot, the CIP should cover a period of several years (five to six is t; and should be considered in the City's annual capital budgeting process, 5. Prepare Master Plans for Infrastructure that support the Comprehenolve Plan's Objectives - Master Plans for public services, Infrastructure and utilities should support the Implementation of the City's desired vision at outlined In the Comprehensive Plan, The Master Plans will Influence the location and quantity of future growth. Used with the Capital Improvement Program, they will also control the timing of new development activity. 6 Develop and Implement Adequate Public Facilities Policies to achieve the Comprehensive Plan's Objective • The Implementation of { Adequate Public Facilities Policies will help the City In ensure that public facilities and services will be evallabie to serve new development. It t also supports the City's efforts towards infll and redevelopment by making sure that development farther away does not deprive infll and redevelopment activity because of Inadequate facility capacity. The policy should be closely cuordlnated with the City's overall program for schcduling and funding capital facilities (Capital Improvement Programming). I ` 7. Revise Utility Participation Policies that support Implementation of the Comprehensive Plan • These policies can be used as incentives to direct growth to desired locations, The} can be an important tool In shaping development activity to achieve the desired urban form for the community, ()A> u. ~n, cM~ 14n Lft.e H," Ltinrt t A6 U%M iq,rw /w PAGE 16 l ( t a 8. Use the Impact Fee Program to support the Comprehensive Plan's Objectives • Impact Foes can be used to direct development io deslred locations. They can be used to encourage growth In areas with adequate facilities, where development will be less costly to serve. They can also encourage efficient development patterns for the provision of public servIm. 9. Use Annexation Policies to achieve the Comprehensive Plan's Objectives • The City should consider annexing arses where it desires to control future land use and density decisions. 10. Use incentives to Encourage Inflll and Redevelopment Actlvity • Existing developed, urban areas rwwJ to remain vital and healthy. This is Important for fiscal considerations, to maintain the City's quality of life and to support the existing economic activity critical to the City (such as the Universities), Incentives can be used to encourage Infill and redevelopment activity and to ensure that this activity is compatible with existing neighborhoods, Incentives can take a variety of forms and tend to be tailored to the needs, and economic resources of each community. Often Community Block Grant Funds can be creatively used to encourage Inflll and redevelopment activity. Other possibilities Include special taxing districts such as Tax Increment Finance Zones or Public Improvement Districts. Structuring Incentives to encourage publiclprivate partnerships tend to be the key to successful incentive programs. 11. Use incentives t) Achieve Other Comprehenslve Plan Objactives • Incentives can play a very Important rote In achieving several community object;ves. The City may want to encourage development In certain oomldors or take actions to preserve its Water and Wastewater CCN's. Incentives can often encourage desired development activity and accomplish objetlives that cannot be achieved through a regulatory approach alone, Incentives can take a variety of forms and are not just limited to financis',y based tools. Incentives should be examined and developed, as appropriate, to achieve community objectives contained In the Comprehensive Plan, 12, Use the Zoning Ordinance, Zoning Map, Subdivision Regulations and the Site Plan Review Process to support implementation of the Comprehensive Plan • These regulatory tools affect the quantity of growth In the City, the location of that growth, and the quality of the development activity. Land uses and the densities permitted In the City's Zoning Ordinance should support the desired vision for the City. Zoning can also be used as a tool to achieve desired urban form. Down zoning can be used to discourage development activity and toning incentives (such as overlay zoning districts) can be used to encourage desired growth. Subdivision Regulations can be used as a regulatory loot to achieve quality of Ida objectives, such as protecting environmentally sensitive areas, Detailed guidance regarding use and design can ensure that quality development objectives of the City are achieved. The Site Peen Review Process can be used to ensure that new development meets the community's standards for quality. 13. Conduct Joint Planning Activities and Use intenocal Agreements with other Governmental Agencies to address growth management Issues beyond local control • Some growth management Issues, such as transportation and environmental quality, must be addressed In a regional framework. Coordination with other governmental agencies is critical in effectively addressing regional Issues. c~,cb .„TMammnMVa..nwti~eia~•n~nuvfn~wwdr PAGE 17 I Growth Management Stratogy Glossary 1. Growth Management Strategy - The map and accompanying toots and techniques recommonded for anhieving the community's growth management objectives. 2. Comprehensive Plan A document, often defined by a oombinat;on of maps and policies, that define the community's goals and policies for guiding the location, amount, character and quality or desired development 3. Small Area and Corridor Planning - Planning consistent with the community's Comprehensive Plan but providing greater detail regarding the types and qualities of allowable development. 4. Capital Improvement Program (CIP) -A program that forecasts Infrastructure Improvements to the City using a set timeline and financing methodology. 5. Master Plans for Infrastructure - Outlines the future locations and capacity requirements of essential public facilities such as water mains, sewer mains, streets, and wastewater treatment pants. t3. Adequate Public Facilities Policies • Policies that require new development to demonstrate that facilities and services will be uvailabie to serve the project at the time that It cornea on tine. These policies attempt to balance the liming and amount of development with the capacity or willingness of a community to accommodate ft. The purpose Is to coordinate the development-permkting process Witi the provlaion of capital facilities. They are administered on a project by project basis I based on a levelof-service standard for each type of facility. 7. Utility Particlpatlon Policies • The contribution by the City towards the capital costs of providing Infrastructure such as water, wastewater and streets. 8. Impact Fees - A fee assessed to persons developing property to cover their pro rate share of the coste Nf providing necessary public facilities to service development. 0. Annexation Polictes - Policies determining when and under what circumstances the City VIII consider annexation, 10. Incentives - Actions taken by thn City that encourage or leverage desired development activity, Incentives can take several forms. Zoning Incentives can be used to encouisge higher densities and the Infill of existing urban areas, or to achieve certain quality of life enhancements, Financial assistance Incentives can be used to leverage private development activity that achieves a community objective, such as affordable housing. 11. Zoning Ordiranoe and Zoning Map, Subdlvlalon Regulations and the Site Plan Review Prooess Regulatory tools and actlons undertaken by the City to guide the location, amount, use and quality of development, r 12. Inter-local Agreements - Agreements executed with other governing bodies to addram areas of rf mutual concern or Interest f t ` r [AID 0.r,ipn~ M Mna ►Mnaw+e 1 w~+ lnw{Y'AC AIf GM! hw« w. PAGE 18 c i. I I AGENDA INFORMATION SHEET Agenda Na - 9 q, d 0 3 Agenda Urn bete - f'1. 4 9 AGENDA DATE: January 19,1998 DEPARTMENT: Planning Department CMiDC111ACDl: Rick Svchla, 349.7715 g 5UBJECT -Ryan Tract Annexation, : (A•78) Hold a public hearing regarding the proposed annexation of a 114.76 acre property located on the north side of Hickory Creek Road, northwesl of McNair Elementary School in Denton's extraterritorial jurisdiction (ETJ). BACKGROUND lotcrinandcco proposes to develop a 114.76 acre tract cn the north side of HickoryCreek Road, approximately one mile west of Teasley Lane in Denton's extraterritorial jurisdiction (ET1). The petitioner requests the property be annexed with the zoning category of Planned Development for duster development, accomplishing a density of SF- 10 for the overall 114.76 acre site, but condensing it into tLe 83.34 acres remaining aRet park land dedication. It is immediately adjacent to The Oaks of Montecito single family (SF-7) subdivision and Includes a park dedication of 31.42 acres, including the Fletcher Branch Creek. This proposed 31.42 acres of floodway (roughly 10 acres), Iloodplain (roughly 14 acres) and additional dedication far exceeds Denton's required park dedication. tt would tie in with a 3,21 acre piece dedicated as park land from the Oaks of Moniccito subdivision and a 24.3 acre greenbelt in the River Oaks subdivision, The 114.7 acre site includes the construction of a collector street, designated by the Denton Mobility Plan. That collector will eventually tic in with another proposed collector, effectively linking into the existing street infrastructure and pulling a portion of traffic off of Teasley Lane. A Iraflic impact o,mysis (I IA) has been submitted and is currently being evaluated. A second neighoarhood mect'ng was held on January 12, 1999 at McNair Elementary for which residents living t,t excess of boo, of the subject tract were notified. Thlrtyone residents in alicndance with City staff and the developer attended the meeting, On January 13, 1999, staff had received four written resronses In opposition to the PD zoning request, two in favor of the request and one neutral to the request but stating sonic traffic control conLems. On January 14, 1999, two of the responses in favor were changed to letters of opposition. The 20% rule is not in effect as a result of these responses currently on file in opposition to the zoning request. In accordance with the City's annexation policy plan, approved June, 1993, the City will "assess on a case by case basis the annexation of areas in the ET) when significant developments are r proposed." Staff has conducted a preliminary annexation assessment of the proposed atmexatlon r ti in accordance with pulley guidelines. l ) An Annexation Study and Service Plan have been prepared for Council and public review during the annexation process, The capacity of Infrastructure such ss water, wastewater, streets and electric service and service such as police, fire, recreation, and general government are evaluated with t,.sped to the proposed annexation. D1SD was contacted with a service analysis form, 1, tI which they completed and returned. This form has been incorporated into the back-up with the other analyses. This Is the second of two public hearings conducted by City Council in addition to apublic hearing and review by the Planning and Zoning Commission and subsequent act;. n Ln the request The schedule for public hearings consistent with the requirements of State law is attached. The schedule has been altered from the original :•chcdule, approved at the December 8, 1998 meeting, due to an error in the final reading date, legal requirements regarding time frames, and adjusted council meeting dates, BECOMMENDATION The feedback received from the growth management meetings that have been held throughout the city indicate that annexing and zoning property are the necessary steps in order to manage development. Staff recommends that the City Council review the Annexation Study and Service Plan and receive any public input at this time. PRIOR ACTIONIREVIEW (Council, Boards, Commissions) City Council approved the Annexation Schedule on December 8, 1998. City Council conducted the first public hearing on January 3, 1999. The Planning and Zoning Commission held a public hearing on January 13, 1999, The Commission recommended approval of the annexation (6.0) and recommended by separate vote (6.0) approval of the Planned Developmer-t Zoning with the following conditions as proposed by the developer: 1. Tracts I B and I C are to be designated for minimum 10,000 square foot lots. 2. A new tract, called I D, will Include the lots directly adjacent to the Floodplain (labeled on the January 13, 1999 P&Z PD Detailed Plan as Blocks J and K), ane will be reconfigured on the Icvised PD Detailed Plan to show minimum 10,000 square foot lots. 3. Minimum dwelling floor areas shall be established based on lot sizes as follows: a. 6,000 square foot lots to have a minimum 1,400 square foot dwelling size, b. 7,000 square foot lots to haves minimum 1,700 square fool dwelling size, c. 10,000 square foot lots to have a minimum 2,000 square foot dwelling size, }13CAL INFORM, T< OH None at this time. r~ ATTACHMENTS I . Planning and Zoning Commission Report, January 13, 1998, (Z-98.056) 2, Planning and Zoning Commission minutes from January 13, 1998 (These may not be available in time for the tan. 19 meeting, due to the tight annexation schodule requirements, if that is the case, they will be ready before the first reading on February 9. 1999, the special called meeting.). e . 3. Location Slap 4. Vicinity Map 5. Zoning Map 6. Utilities Map 7. Site Map S. Annexation Study 9. Service Plan 10. Service Analysis 11. Annexation Schedule ilea cctfully :m D in hector of Planning and Development Prepared by: Triua Mc Ireath Planner II i i i r r I k+ 3. c I ATTACHMENT 1 { PLANNING AND ZONING COMMISSION1 ' STAFF REPORT bab uS bict: Annex and Zore 114.76 Acres Case Number: A•78/Z•88-056 - I Itaff: Trina (McEireath) Finney, Planner It Agenda D : January 13, 1999 i Impose- Hold a public hearing and consider making a recommendation to the City Council oonoeming the annexation and zoning of 114.76 acres to a Planned Development (PD) zoning district and land use designation according to the enclosed detail plan. The Intention is develop a single-family subdivision with a large park dedication. I c I I Ql - 7 f~ 1 I - - SITr N tK "e W E S .ter.. LOCATION MAP , Location: On the north side of Hickory Creek Read, northwest of McNair 0~\ r; Elementary School in Denton's extraterdiodal jurisdiction (ETJ). Site: 114.76 acres 4. _ ~i E i Applicant: Tory Arterburn Owner: Mr. and Mrs. Charles Ryan Mesa Desigol 1343 Eaton Ave. 3100 McKinnon Street San Carlos, CA 94070 Dallas, TX 75201 SUMMA.&Y OF ZONINQ REQUEST At section 34.35 (Annexation Policy) of the Subdivision and Land Use Regulations, the general policy of the city Is stated to assess on a case-by-case basis the annexation of areas In the extraterritorial jurisdiction (ETJ) when significant developments are proposed, occuring, or likely to occur In the near future. i The subject 114.76 acre parcel Includes a large portion located in flood plain which would be dedicated to the city. The applicant proposes to develop the property with a gross density of 2.97 units per acre and to dedicate additional park land over and above the required flood plain for an overall park land dedication of 31 acres. One public hearing has been conducted in the annexation process. Upon Planning and Zoning Commission action, City Council will conduct a third public hearing and then elect to Initiate the formal annexation procedure. At section 35-14 (Platting property not permanently zoned) of the Zoning Regulations, th.s policy of the city is stated that "if the planning and zoning commission holds a hearing on proposed annexation, it may, at its discretion, at the same time hold a public hearing upon the permanent zoning that is to be given to the area or tract to be annexed and make recommendation on both matters to the city council so that the city council can, if it desires, act on the matter of permanent zoning and annexation at the same time." if the city chooses not to annex this property, it may still develop in the Denton extraterritorial jurisdiction (ETJ). Residents living in the ETJ still attend DISD schools and pay school taxes as well as county taxes, however would not be liable for city taxes. If In the ETJ, the development will not be subject to any zoning regulations, but will have to comply with the land use and development regulations. City utilities will be provided through private contract to the development, at an Increased rate. Police services would not be provided and fire protection services would only be provided under mutual aid request from the City of Argyle. Emergency medical services would be provided by the Denton fire department. All other city public facilities wilt be accessible to these , residents. a~ I i i 5. t CO[+IiPE ENS~V~ ffis .,,mac '",a. N w- 1588 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area 1.) be within Low Intronsity Area number 84. These areas are Intended to be developed priman'ly for single family r9sidential development. Neighborhoods are to be serviced by a network of small commerclaVratail centers spaced at about 1/1 mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre in order to balance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP. The table below provides a summary of the 1988 Denton Development Plan policies appliable to this project: Denton Development Plan Policy Analysis Summary Low Intensity Are Development Rating vs. Policy POLICY COMMF-NTS Inconsistent Inconsistent consistent intent. These areas represent primary housing areas Within the Gty. X rntaraity. To be consistent with the Mowed intensity ° 6o hips sae ~a d toopment should not exceed its Mlocated rnlermty ° 6866 trlpygte X Site Plan Control. StrIct property development control within 1,600 fed of edsting low density residential areas. X Trmfflc Design. Access should be provided to ersure that multi-family or non-residential uses have access to collectors or larger arterials with no dred access through residential streets. X Open Space. Suftldent green space, recreational radlltes and diversity of parks are provided. X Pubflc PaIddpatlon. Input Into E planning by neighborhood assocaM and councils Is encouraged. X tandUseDiversity. Non -residenbtand multi-family dev elopment Is enraged to a Umited degrer. NA Manufactured Housing. This form of single-family housimg maybe compatible with developments In the low Intensity areas subjed to condition& f" Strip Commercial. Any form o/ I continuous strip corm erof b drongly J r discouraged in/or near bur Intensay areas. % v 6. I i I 1998 Denton Plan Policies Analysis 411 The 1998 Denton Plan (DP) is to be used in conjunction with the 1988 Benton Development Plan In evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1998 DP. 1. Transportation A. Trip generation Table 1. Proposed Land Use Trip Generation Land Use Average Trip Total Trip Maximum 8uildout Generation Per Generation Single-Family (Detached) 9.55 trips/day 3,256.55 341 detached homes Tot'ilUp,0 ' e n-6 r" radon 3,258:35 34j,"dAac, horrrss Allowed Trip Generation 114.76 acres 6,685.6 60 trips/acre Difference calculate 47% below allowed trips • Caleufations provided by the Institute oI Tranaponation Engin"re, ltwl. I B. Access Access is available onto Hickory Creek Road and to the collector street that will be required with this development. This 60' right-of-way collector runs along ti a west and northern property boundaries of this tract. It will connect to future collector linking to Ryan Road, thereby offering an alternate route from Teasley Lane. J C. Road Capacity 1 Hickory Creek (primary major arterial) is currently designed to carry 11,000 trips/day, however it is not built to city standards. Hickory Creek Road Is Intended to be a six lane divided thoroughfare when it Is built to standard This design would Increase the carrying capacity to 33,000 trips/day. At present, there are no traffic counts for this road, D. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities i This site has access to existing water and sanitary sewer linen Water: 12" water line along the eastern boundary of the tract. b~' r Wastewater: 1 ! I 15" sanitary sewer line along the eastern boundary of the tract. i 7. Fire: Fire hydrants will need to be added with the single family development. 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must indicate the method by which the run-off will be carried across the property or stored on the property, There Is a great deal of floodptain along the eastern portion of the subject tract. The developer proposes to de 'Ecate that floodplain as a portion of a park land dedication package. 4. Signs As per the sign ordinance. 5. Off-Street Parking New deveiopmenl must provide parking according to the regulations of Section 35-301 of the Code of Ordinances. The total nun ber of parking spaces required by any one development is a factor of two spaces for each single family dwelling unit. 6. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). 7. Open Space The proposal includes a 31 acre land dedication for park land. PUBLIC NOTICE Notice of the zoning request was published in the Denton Record-Chronicle on December 23, 1998 and January 3, 1999. Six (6) property owners (per the city tax rolls) were notified of the request on December 31, 1998. On January 5, 1998 additional notification was mailed out to residents within a five hundred foot range, but not listed in the city tax rolls. As of this writing, there has been one response in opposition. The twenty percent rule is NOT in effect. A neighborhood meeting was conducted on December 3, 1998, however there were no residents in attendance. A second neighborhood meeting Is scheduled for January 12, 1999 at 7:00 p.m. i ~ RECOMMENDATION _ M, J A. Staff recommends approval of A-78 with Planned Development zoning' district classification III and land use designation. The Service Plan and Annexation Plan (see enclosures) Indi,:ale that the area can be served. If the property were not annexed, it would still be served by utilities and services, but city taxes would be collected. i 8. B. Staff recommends approval of Z-98-056 In accordance with the enclosed detail plan. ' • The proposed zoning Is consistent with the intensity standards of the Denton Development Plan. s The proposed zoning Is compatible with other zoning In the area. A. I move to recommend approval of A-78 with Planned Development zoning district classification and land use designation. B. I move to recommend approval of Z-98-056. 'RZ ; > a a` L- j 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table Item. LOSURES~`a, ;,g :t 1. Vicinity Map. 2. Zoning Map. 3. Utility Map. 4. 200' Property Owner Notification Map. 5. Site Nan. 6. Denton Plan Matrix. 7. Scenarios of annexed vs, non-annexed property 6. Annexation Study 9. Annexation Service Plan and Analyses 10.Mobitity Plan (illustrating required collector streets) 11. Surrounding Property Owner Response ;a " c . l%~N 9. t I I The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rat:nq vs. Polity CATAGORY POLICY Inconsistent ~pv titles; Consistent Transportation. Compliments Dentcnrt Long Range thoroughfare Plan. X Promotes Access Manaperrnt Practices x optimizes operations for emeuyency service providers and - other pud c service providers. ! x Promotes pudic trarupodaban system. Contib utes to the Denton Trails network x stormwater Drainage. Protects 100-year lloodptain areas in accordance with - oenton's watershed rnanag". rll plans, x Conforms to local sui dMdon re ulatfons X ConMbutes to regional detention wliti X Provides for natural rtpadan crnironment alvq fioodplaln. X Upgrades esbrp substandard drainage systems as kdld Water and Develops and maintains property and ptvate Wastewater. Infrastructure. x creates opportuN!y For overvirng water and wastewater , rues to meet future development demands x y: ftodes review of proposed water and wastewater >y Inrrostrudure to ensure Pubic safety and health. x _ Promotes h6tl Improvements over new line e>ter4ons. x Ele AC Provides underground electric service for new resider" . a, nonresidentialdeveorien>t. " x Sold Waste, Promotes efrxlent access to all development For sold" waste service delivery. .`•h x Parks and Recreation. Locates parks and recreation radii es in accordance with the Parks and Recreation Strategic Plan. _ X Ernances Dario and recreation opporturibes for residents x nn Preserves Aoodplain for PaU and open spate to aid in froodplain conservation effaft i,.. x Jdlaws werbining of parks with other public fad des to aduleve costeffedtve delvery of Public servkes, x Residental development should dMrcate land or fees In Peu of land for rie4ftrhood parks. x Environmental Quality. promotes preservation d natural resources. x Integrates envlronmentat protection with econornic growth and cornmuNty development. x f { ice. V 1998 Denton Plan Policies Analysts (continued) Denton Plan Policy Analysis Summary Development Rating vs. Policy I NO CATAGORY POLICY lncw tent ~h* eonustent Aowka NetyfiborhoedL prooldes aaoess to putgC and ww uraty fad itka for residentat neightarhoods a a X Encourages a mixture of Wd uses that WeAt residents. °t X Protect"VauvesceAngne4bodrooft : X Awow tx tween dnetpnbaf and ds to teA oe vehtoix trips x How"g. etUMM rarw lNduat g w UW appeal to dff&ty .f'i. x met% a variety Of se*-" lot am WAdrq stzex ' S W Pict ranges X Aesenes eMrp hoWr4 hdudng afford" hm sN. Ugeam M hoWng carbtnxft% X Economic WarsMution. inatashp an*f vt W o"ndng U* tax bm - A r ovarrvnent. Wwdnatton to provide +yk X En U&M t)adyn. Addresses CweM ft aMww) a In a coopreher *4 manner', X I -M Dfvxsifks ardh Wdva! ap Mca of btdlt enNronnknt X Ne4ft taod hu development shod to mmpeCbia ".P2 Wth Oftft land uses aryl bmrgs. X Ao" and prexnts Dentant arfteQtral, odtural and a f reswmm X Enhances the appearance ataq raja entrxxxways. X 'c. Pmowtes the preservAw of bees and landscaptq. X Pubec tm olvement Aaddes an opportaNty for putic Opinion during the v x planningprotess. ;?iii►, 4• [1. 0 i 3 F THE PROPERTY IS NOT ANNEXED: IF THE PROPERTY IS ANNEXED: 1 - - I IIY~ I I ■ YYY~Y/Y~YYYYYYYYYI~YYY~Y~YYYYYYIYI Y Y~YYYYY,Y~ No City taxes will be collected City taxes will be collected No zoning controls can be implemented, zoning controls will be applied, petitioner Is therefore higher densities may be achieved requesting Planned Development Zoning District No police services from the City of Denton Police services will be provided { Private contracts with city utilities can be City utilities will be provided wkhout contract developed to provide services to the subdivlsfoo and at no extra charge above regular monthly at minimal extra charge ($1.45 extra per month billing for water and $.95 extra per month for wastewater) per Ordinances 98.263 and 98-264 Mutual Aid Fire Protection Only, Primary Fire protection service, with a faster response Service Provided by City of Argyle Volunteer time than to non-annexed property, will be Fire Department provided First response EMS provided by the City of First response EMS provided Denton Residents will attend DISD schools and pay Residents will attend DISD schools and pay school taxes school taxes Residents will pay county taxes Residents will pay county t(Lxes Residents have access to City facilities (library. Residents have access to Iffy facilities (library, etc.) etc.) y 1 12. r c. U ~ EI LJ ~ ~ ~ ' ~ ~ Q n :3 C • m L O> y '•.r y: w . • 9 • iiy'[i •f f' Q 1 • a ~ Y ♦e 1 a IJNO ; 13. 1 { U 1 ul-Uee9 F'A1 11:15 F.t[ YJOJStlie51 NuRTH TE_IM PL1SftcS W1ub1 fVC11l(a V!' rUtsLIL MAKIM-7 = L~.iV ~V JV .,w . ,o,UVlly J]N LVINIIa VVIIYINNIVII VI Y16 1./Nr VI VOIIWII WNI INIV Y MVVNV IM1I•INIa VII YI VVIIGOVOr, n January 13, 1999. to conslder recommending eiwoye! to city r an ~n ti...~~Min^ N,a ~nni n nn 114.76 acres from ETJ to a Planned Development zoning dks/sl.i Ths 1 t1.7o awe t .-W: V o north side of Hickory Creek Road, northwest of McNair Elementary School-This maidna will be hold at 5.30 PM In the City Council Chambers located In City Hall at 215 E. Md(Inney Street, Denton, Texas. The purpose of the Zoning change Is single family subdivision and park development. The public hoaring will start at 5:30 p.m- In the City CouncuT Chambers of City Hail located at 215 E MciOnney Street, Denton, Texas. because you own property wrtnrn two hundred (200) feet M th.r subject property, the Planning and Zoning Commission would Eke to hear how you feet about this zonlrry change request and Invites you to attend the pubffc hearing. Please, In order for your opinion io betaken Into account, return this forth with your oomments prklr to the date of the public hearing. (7V s in no way prohibils you from attending and participating in the pubffc hearing.) You may Wit to the number located at the b(,ttom, mall it to the address below, or drop It off In-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Trtna McEfreath, Planner II The zoning process includes two public hearings designed to provide opportunities for chlren IrtvAfvfYrlpnt Aryl ~nmmPnl Prlnr fn fhn e+l~,hlio~ kpgidnoe renrtnwn * w4ll%trl cart Mafdrad (200) feet of the subject property are notified of the toning request by way of this notice. The first public hearing Is head before the Plannka and 7onlno t^nmmi~sion Thar PnmmitRlcin Is informed of the Denant of responses In support and in opposition. Second, the zoning patigan Is forwarded to the City Cour d! for final action providing the Commission r*cAmenende approval. Should the Commission recortmend denial, the peNonef may then appeal the request to the City CAUncl. N owners of more than'wenty (20) percent of the land area within two hundred (200) feet of the site Submit written oppostion. Ilan six out of Bevan votes of the City Council are required to approve the zoning charge. Thoee fortes are used to calculate the percentage of landownw opposition, Please circle one: In favor of request Neutral to request / Opposed to request ' ComMints: Signature: Pnnted Named Mailing Addrass'~~ v1 City. State Zip: Telephone Number. _kC{~,~IQ1\ Physlea! Address of Property whin 200 feet: ]~(kn y t 4t yQ{aQ. , I , 1 J kl r-~ CITY OF OENTON, TW S CITY HALL WEST • DENTON. TE UIS 70201 ~ 940149 6350 1 t ~ 040349.770? 741056, 200 f"Piicerwl Utel doe 14. cv ATTACHMENT 3 Location Map A-7$ i R SITE N W E S , LOCATION MAP The Ryan Tract 114.76 Acre Annexation 15. a ATTACHMENT 4 tW { Vicinity Map j A-78 i j Proposed Annexation Area n atu Muntecito a x ~ City N Ltm to McNair Elementary "w W E f S VICINITY MAP The Ryan Tract 114.76 Acre Annexation iE. ar.rtr.~ t c, zoning Map" ATTACHMENT 5 A-78 IND r.r TJ a A i ETJ - wr A SITE ETJ K nd i i ETJ W E g i The Ryan Tract 114.76 Acre Annexation 17. a ATTACHMENT 6 Utility Map A-78 FF i SITE ffT ~ u• were. j une 1!"Sew« Une 4FRJREK N W E S I I The Ryau Tract 114.76 Acre Annexation Legend Water Lines Electric Lines Sewer Lines 0 Fire Hydrants Subject Tract r~ 2A. i • ATTACHMENT 7 to l i r.liN'9~ I wn~~ I •i i ~ j ~ i I I; I } I i f~ Ow I. i Ig b I 6r R a + Ig y IIPI M •Y4lM ~ ~Ilil~~ tll J ` 1 ` ~liil ?`'(Ire ~ c. e rhihl r I ;Ifl{r ~ i I. RYAN TRACT ZfN W 111i 111 DMOK Tm ,ICI ! iP~ ATTACHMENT 8 rsss~arraa~sa ANNEXATION STUDY x (A-78) Ryan Ttact Name and Address orOwner. Mr, and Mrs. Charles Ryan 114J Eaton Ave. San Carlos, CA 94070 Name and Address of Developer: 1n:crmandcca Inc. 1401 Burnham Drive Plano, TX 73093 Locadon and Slit: 114,76 acres located on the north side of Hickory Creek Road, nrmhwest of McNair Elementary School in Denton's extraterritorial Jurisdictl,n (ETJ) Existing Load Use: Undeveloped Surrounding land Use: Fast: Oaks of Montecito Single Family (SF-7) DevOopmenl West: Undeveloped Tand in the ET) North: Undeveloped Land in the ETJ South: River Oaks Single Family (SF-7) Development Proposed Development. Single Family Residential dnelnpmrnt at 2,97 units per acre consistent with the proposed Detailed Plan for the Ryan Tract. Analysis: It is the general policy orthe city of Denton to assess on a case-by-case basis the annexation or area in the ET) when significant devciopmems are proposed, occurring, or likely to occur in the near future. The follow ing are guidelines for delemtining when an annexation study should be considcrr; (1) Single family developments over f ve acres: or Multi-family, industrial Of commercial devefopinem over are Acre" or I Any area where the density exceeds 600 units per square mile; or 141 Any dcvdopmerd or area that might have a significant Impact upon the city, including but not limited to service costs, increased traffic, drainage impact, utility needs or utilization, safety or health hazards. Guidelines for scope of study: In studying the questions of whether or net an area should be annexed, the following criteria shall be considered, (1) The ability of she city to furaish sormd dry services equal to other comparable areas inside The city limits. (A) Streets and Roads: The existing road In the ores, Hickory Creek Rd., will need paving Improvements. The Long Range Mobility Plan calls fix a collector on the western boundary of the proposed development. A bridge will be required to traverse the Fletcher Branch of Hickory Creek. (B) Water/Wastewater Services: Water service in the area will need to be extruded, at the developer's expense, along I lickory Creck Rd. Bah water and wastewater lines are existing along the eastern boundary of the proposed annexation. (C) Electric Distribution: Electric distribution Is capable of providing serv ice to flit arcs, r, (DI Solid Waste Collemion sod Disposal: The city currently provides solid waste servicd in the immediate f area. Any do%etapmem in this area will result in an increased demand for services, Additional personnel and equipment will be aecuxary to provide service to significant development in the area. (E) Police Services; Any future development of the property will result In increased demand Forpolice services in the area. The area surrounding this property is already within the city. Response lime to the subject property would be comparable to that of surrounding property In the city. Additional personnel and equipment may be necessary to provide senice to significant development in the area, 20. i (F) Fire Prote.tion and Emergency Medical Services (EMS): Any future development of the property will result in increased demand fa fire protection and EMS services in the area. Station a 6 is located near the intersection of Teasley Lane and Lillian Miller Parkway, approximately two miles from the property and would adequately serve the proposed development. (G) Parks and Recreation Services: No parks or facilities currently serve d N arcs. A25 acre park Is pending dedication In the River Oaks Subdivision, .5 mite south of proposed annexation. Neighborhood parks will be required as development occurs. Additional community facilities community and regional facilities may be necessary to provide service to the residents of the area if signi ticant development in the area occurs. (11) Library Services: Existing facilities cannot meet proposed annexation. Expansion requirements cannot be determined until the forthcoming Library Master Plan Study is completed, the results of which are anticipated on January 20, 1999. (1) Code Enforcement, Building Inspect]ont and Consumer Ilealth Services: New building activity will trigger additional case work for the Code Enforcement, Building Inspections, and Consumer Health departments At present, there is no excess capacity in any ofthese divisions. (J) Planning and Development Services: Zoning, planing and development activity will trigger additional ease work for the Planning and Development department. At present there Is no excess capacity in any division of the department. (K) Miscellaneous: Any future development of die property will result in increased demand for general government services in the area. Additional personnel and farlities may be necessary to provide services to significant development in the area. (L) Capital Improvements Program (CIP): The CIP ofthe city Is prioritised according to the following guidelines: (I ) Provision of capital lmprovi Tents as compared to other areas wi 11 be based on characterisitcs of topography, land utilisation, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing s specific facility or improvement. The annexed area will be considered for public improvements in the upcoming CIP. This property will be considered according to the established guidelines (2) The rell a biliry, capacity and fuf ort public cost, H s ay, of cur rent ad l planned provisions for community facilities such a roads, drolaage, stilldes, etc. (A) Strects and Roads: The propnty'a access will be via Hickory Creek Road. The city's mobility plan tails for a collector street to be constructed with the development of this property. Construction of Imemai roads required to provide access to future subdivisions of the properly will be the responsibility of the developer. 'There may be long term costs lathe city to provide necessary upyadas and improvements to the planned collector and Ilickory Creek Road. ~I (B) Water/Wastewater Services: Water distribution and wastewater collection systems are in proximity to the property. Water and Wastewat.a treatment facilities have capacity. Both are "r'nterprise Funds" so that any necessary improvements will not impact the genera? fund. Recently approved impact fees arc deposited Into the Enterprise Fund, Extension of service lines to and within the property will be the rtbponsibifity ofthe developer. I (C) Electric Distribution: Facilities to provide electric service to the property may be necessary. Again, the electric utility Is an 'Enterprise Fund" so that any necessary improvements will not impact the general fund. Sera ice connections will be the responsibility of the developer, (D) Solid Wate Collection and Disposal: Equipment to provide services to the property will be necessary when futly dcscloped, The solid waste utility is also an Enterprise Fund. (E) Police, Fire and Emergency Medical Semen: These departments are driven by mVmse time, As additional dcs clopmcm in this area occurs, more personnel and equipment may be necessary to maintain current response times. Station 06 is approximately two miles from this properly. (F) Parks and Recreation, Library and General Government Services The demand for these services is a function of residential population. Additional development will result In more residents, which would result In more demand for facilities and sen icesi n the city. (1) The need and quality of land use and building controls. Private controls will be considered. A This proper) is located adjacent to two Single Family (SF-7) districts which follows established city ordinances. { r - Control of the quality of land and building development will be required (4) Impact on the City, both current and long range. Including min minimum: (A) Fiscal cost and benef s, The proposed development plan Indicates that the residential development will stave a toss density of 11 wits per sere. With significant public benefits including: 21. i ' I t I ll > The dedication of a 71.02 acre park along Fletcher Brrnch Creek to potentially Include a hike and bike trail and additional recreational facilities, at the developer's expense h, > Construction of & collector, as required by the city's mobility plan. (B) Traffic; Hickory Creek Road will be the primary access point for this development until other development occurs to complete the construction of the alternative collector streets that will disperse traffic in other direllaas. (C) Infrastructure sear roads, utilities mod other community facilities; Water distributkm and wastewater collection systems must be extended at the developer's expense. Bah systems are currently adjacent to the property. Electric service can be provided Hickory Creek Road must be enhanced in the near future. Other community facilities may be necessary if sisnifia~, development occur rapidly. (D) Safety sad Health; The proximity orthis property to fire station Nb will pfovldt odcqusw response times for fire and emergency servker. The area Is already within the police service area. Significant additional development may require additional equipment and yenonnel to provide adequate response times. (E) Halldlag or developmest qusllty; The property to 9x1 currently zoned The developer Is petitioning that a Planned Development zoning classir.catien be granted that would allow a gross density or2, 7 units per acre A de%it plan has been submitted and is being reviewed by staff, Land and building design standards can be Incorporated into any approved detail plans. (F) Anthetle goality; The city's larndsape ordinaries and sign ordinance will apply to any new development. Land and building design standards can be Incorporated Into any approved detailed plans. (G) Commosity eharseter; The existing predominant character in the area is single family (SF-7) residential devclopme t This new development wl II match the existing character and enhance the beauty of the area with the part and trail dedication. (S) Conformance with or need to room re canformsece with the o1BrWly Wopted master plans of the city. The 1498 Denton Development Plan Identifies this area ss a "Low Intensity Ana". The low intensity designation Is , the least intense development district in the city. Residemial development of this prn+yerty with appropriate ncighborhood-orlented mixed use can conform to the low intcosity development standard. w `~!f C, 22. I ATTACHMENT 9 ANNEXATION bit Kv WE PLAN CASE NUMBER: A-7d AREA: 114.76 acres LOCATION: on the north side or Hickory Crock Road, northwest of McNair Elementary School in Denim's extraterritorial jurisdiction (ETJ). Municipal services rn the site described above shall be furnished by or on behalf of the city of Demon, Texas, d the following levels and in accc dance with the following schedule: A. Streets sad Roads Access Is available from Hickory Creek Pd, and a planned collector street that joins with anoeser planned collector street, leading to Ryan Rd. A bridge will be required over Fletcher Branch Creek al the expense of the developer. B. N'attrMsstewator Scrvkea Water is currently available along it e eastern boundary of the proposed development. Wastewater service Is currently available along the ea:rem boundary of the proposed development. The extension of s. 12" water tine will be requireel along P ckory Creek rd. to support this development C. Electric Distribution Electric service is currently available in this area. D. Solid Wade Collection sad Disposal The city can serve this property. Service may require additional equipment, personnel and operating resources. One rear loader, a three person crew, and an additional residential route is needed to serve each additional 1,300 ho-cseholds In the city. E. Police Serdets The department estimates that service can be provided within avenge response times for the city as a whole. The city's priority response time is 8.06 minutes, while Its average response time Is I I minutes. Three addition) personnel and additional vehicles will be required to some this arcs. F. Fire Protection and renergency bledkal Seniea (EAIS) The city currently serves sdjaceru property, Fire Station 06 Is approximately 2 miles from the subject properly, C. Parks and Recreation Services No parks or facilities currently scn a this area. A 25 acre park Is pending In the River Oaks Subdivision, half a mile south of this of the subject properly. All acreage and facility requirements are based on ultimate build-out. Cost of improvements and maintenance will be phased in, as population increases. H. Library Services , The Library anticipates that Incrrasrd demand resulting from development in the city can not be met using existing materials, facilities and personnel. Future needs of the library are to be determined with the after t / j r January 20, 1949, the anticipated date ofthe library maser plan study. 1. Code Enforcement, Building inspections and Consumer Health Serices The city currently serves adjacent properly, :3, J. Planning aad Development Services The city currently serves this property. K. Capita( improvemeou PrWaet (OP) The CIP of the city Is prieriiiied according to the fcllwA4ng guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on charactedtilos or topography, tend utilization, population density, to tude orproblems as related to compuabte areas, tstablished technical standards and professional studies, (2) The overall cost effectiveness *(providing a Vocilic facility or improvement The annexed area will be considered for public improvements in tine upcoming CIP. This property will be considered according to the established guidelines. a 1 (1rt , r,• t ATTACHMENT 10 SERVICE ANALYSIS A-77 ENGINEERING AND TRANSPORTATI0H 1. What existing roads, bridges and other transportation facilities will be Impacted by this proposed annexation and devek>pment In terms of needed Improvements or upgrades? Name and location Fk~t~.tt^~ranv~ Aoojg~Mj Coal 300,OoU F PD. bob 2. Are any of these improvements presently scheduled to be done at state or federal expense? Po If yes, please identify facility and anticipated date Improvements will begin. 3. Please list any drainage improvements that may require local funding, and Include estimated cost {if no specific it iprovements can be determined, please make general ,conCcen ng dr ina3 cor 4. Will additional equlpment and facl:l ies be needed as a specific result of this anneyation and development? . If yes, what type of equipment or facility? 5. Please comment on the cumulative Impact of annexation and development. 1 At what population level would additional equipment be required? I Is theru an accegled equipment to population ratio that can be used for planning 1 purposes? //~V Is there an accepted employee to population ratio that can be used for planning purposes? AA Additional Comments: Ob ~ <►1~ 4 A h,/q0 Pe contact if thSL,uestion, Annexation Service Area Anaiysis.doc 25. 12/26,96 A: 45 06173137334 MUTIES ®UQ1 091 SERVICE ANALYSIS y WAMft MmiEwsren A-70 1. What Is the nearest City of Denton water line? Size of water fine. Location of water Ilne. `t o`aQ, T~~ws~.p`.e y ( r+olbce) Distance from proposed annexation, MrNC„.tt 2. What is the nearest City of Denton sewer line? Size of sewer line. /,S'_ Location of sewer line. Aua6 TMr E.►ir~d d~.,~.rp,~Rr QF ~Q ePesey Distance from proposed annexation. 3. According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year Loc~tion Water lines +a- ~,.1 w4 #J wry Sewer lines 4. Are there any City of Denton lines Included In the proposed ennexation? 5. Please comment on the cumulative Impact of annexation and development. At what population level would additional equipment be required? Is theta an accepted equipment to population ratio that can be used for planning purposes? IP there an accepted employee to popoil3tion retb that cen be used for pia, ninj purposes? Additional Comments: ^ - - Po6NNF~xNda iB71 ~ . r► d- . a~.oe v roe M A ta... >x q Person to contact If there are questions bald) Annexation Service Area Analysis.doe 26. . SERVICE ANALYSIS ELECTRIC UTILITIES 1. What is the distance to, location of, and size of tho nearest City of Denton electric line? 2. What type ~of/lines and f1aciNes would be required to serve this area? W1I i~J 1riI1 /e l 01 3. Are any new lines or facilities proposed for construction to sorve this area? 4. Are there any potential responsibilities if this area Is annexed? No 5. Please comment on the cumulative Impact of annexation and development. At whet population level would additional equipment be requln-•t? Is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments; Dep~trfin..,tar y Oaf` ~`1 ~o ado C U .S D rr-t e r1• Person to contact there are qiaestio s Date / Annexation Service Area Analysis.doo 27, c 1 1 M SERVICE ANALYSIS A•$ Solid Waste 1. Is residential solid waste service available too the proposed area for annexation? 2. Is commercial solid waste service available to the proposed area for annexation? po-& I 3. What Is the estimated cost to provide this area with solid waste service? Equipment and Maintenance. Personnel. _ 4. What Is the typical revenue collected per. Household. / 3.4-' p« 3 ° d~ ws Commercial Business VAS"kc_ S. Will additional equipment be needed to serve this area if annexed or developed? Type of Equipment. ,Rt,, 1,6_ Cost of Equipment. '6S O042 e. Will additional employees be needed to serve this area H annexed or developed? Type of Employees. / s Dr "Ut r a w t 'S Number of Employees. R 7. Please comment on the cumulative impact of annexation and development. I At what population level would additional equipment be required? /✓.c ,vi aa( 7c /l'' can ra~c%'~dil•.~IE'al' r.zk-1 G /?GO /SeuCt/,..i4~S. Is there an accepted equipment to Vopulation ratio that can be used for planning purposes? _ Is there an accepted employee to population ratio that can be used for plannino purposes? i Additional Comments: i~ ra~ita~ 114 r. Person to coAtact If there a questions Data Annexation Service Area Anslysis.doo 29. i SERVICE ANALYSIS AM POLICE 1. Estimated average response time for this area based on current department conditions, Priority T~ minutes Non-priority 16_ minutes Average 11_, minutes 2. Appropriate average response time in the city based on corrant department conditions: Priority 8.8, minutes Non-priority 16w minutes Average _ minutes 3. If annexed and developed as proposed will additional personnel be needed as a speciric result of this proposal? ~yso_- If yes, how many? _3 What type? _ mIlce ofr1cers 4. Will additional equipment and funding be needed to serve this area? „_yes_ If yes, what type? vehicles 5. Will a police substation or other facility be needed to serve this area as a result of annexation and development? No If yes, when should the new facilities be operational? I 8, Please comment on the cumulative Impact of annexation and development. At what population level would another police facility be required? ,_._,spprx. l 100,000 Is there an accepted facilitylequtpment to population ratio that can be used for planning , purposes? No Is there an accepted officer to population ratio that can be used for planning purposes? 1 No Additional Comments: I i Person to contact if there are questions Oate l Annexation Service Area Analysis.doc 29. a I i I i SERVICE ANALYSIS A-78 EM 1. Fire a pd Emergency Medloal Services can provided to the area from station(s) ftlocated at 3232 i eye L 2. Estimated response time. r minutes i 3. Appropriate response time In the City. r y minutes 1 j 4. Is a new fire station approved in the CIP that could serve this area? NOP If yes, i what Is the CIP program yeah 5. Will a new fire station be requested in upooming CIP proposals to serve this area? AZ,_. If yea, when should this station be operational? 8. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. 7. Please comment or, ha Impact of annexation and development. .--~At what population llibrary facllity be required? Is there an accepted population ratio that can be used for planning ~4 purposes? 1 -4 Is there an accept employe to population ratio that can be used for planning purposes? Additional Comments: ti 110 Person to contact If there are questions Date Annexation Service Area Analyals.doo J0. v r t i u SERVICE ANALYSIS w, A-79 PARKS AND RECREATION 1. What neighborhood park and recreational facilities are currently serving this area or are cape a of serving this erea annexed and/or developed (federal, state, ppocal)? e r . 0^ ;Vj Q ~sejr ' ,Jor J j 2. What projects and/or equipment Wit be need to adequately serve this area if annexed andtor development based on the parks and recreation master plan or stmiier standards? Neighborhood Parks; a acres per 1,000 population. acres cominimum st size. eC~ cost per er acre, Recreation Cen er, Uvo square feet per 1,000 population. /4e71- ~?¢u~%~-Q /dwv - ,)vo square feet minimum size. t7~0 colt per square foot. 0-f- t4. 0X , tnS/Cs Other facilities per 1,000 population. square feet minimum size. cost per square foot. 3. How much additional funding wilt be neoded for maintenance If additional perk facilities a19 developed to serve this area? 3 eofl cost per acre. I 4. How many additional personnel would be needed to properly serve this area If annexed ' and d veloped? 6. additional personnel per 1,000 population; additional personnel per 1,000 square feet of facility; or o, oV additional personnel per acre of park. cw cost per additional personnel ~ e//7~r r`Qu c Additional Comments: cCC~' < a^ ~t tn.i(t &e f/lA~/ ~ht ~h ~J~~v /~L✓eas2~ , Person to contact if the~rare questions Dee A~, ` r i Annexation Service Area Anslysis.doc 31. - F 1 c. II i SERVICE ANALYSIS s 419$A A•79 B,Y 7. If annexed, can anti c~~ted service demands be met using existing materials, facilities, and personnel? _ 8. If not, how many additional employee a d w at ry e o facilities pnd etedale will be needed to provide services? slim/mil 9, e d additional n Eng needed s ct based used annexation and development. 10. Please comment on the cumulative Impact of annexation and development, At what population level would another library facility be required? Is thereon accepted cirgylatlon to population ratiq at can be used for planning purposes? 1~f1n~ C~~/ Is there an accepted mploy a to po ulaWn ratio that oa be used for planning purposes? lilt 77 ~ Additional Comments: Porson to contact If there are questions ate Annexation Service Area Analyela,doo 32. t u i JAN. DB'491fRil 12 DEKTDtiESD TEL: 9401050716 Kee SERVICE ANALYSTS D.1's 1. If annexed, can enNclpatcd service dOW&II4+ be tnet using ex1 sting materials, facilities, and personnel? Ifigh school and middle school students may be accommodated at existing facilities and with existing personnel. However, additional materials would be required. Elementary school students may not be met with existing materials, facilities, and personnel, 2. If not, how many additional employees and what type of facilities and materials will lx needed to provide services? An additional seven teachers and an additional coven (7) classrooms would be required to meet the estimated elementary school impact. 3. Estimated additional Btnding heeded strictly based on proposed annexation and development. EXPENDITURES (278 Students); S 1.20 million - h + current budget REVENUES (Average Value $150,000 per Dwelling , $1.03 million -br , current tax rate ADDITIONAL FUND1NONEEDM $170,000 4. Will projected school taxes from this development provide that additional funding? Projected school taxes from this developmert Mil not provide additlonal Ending. S. Please comment on Oe cumulative impact of annexation and development. Annexatiod has relatively liexdted impact on the D.I.S.D. sines the development would be located within the district boundaria+ whether attttexed by the City of Denton, 6, At what population level would other school llscilitfes be required for the City of Denton? Speeifications for new elementary, middle, and high school facilities have Men ;A developed to serve student enrollments of 681, 1,000, b-ad 2,000 respectively, 33. • I tl t (i I III t J3N.•00'99SFRI) Ili 14 DENTONISD TEL+9403030211 P-001 'I ,I 7. Is thorc an acceptable employee to population ratio that can be used for planning purposes? D.B.D. pollcy and state regulations have astablishW +bc following oxic theacher radon that may be used for planing puposes; Elamartarys 22 Studentalreachcr Middles 28 Studmufreaoher HiShi It Students/Teacher I Todd Parton January 8, 1999 Perron to Contact with Quesdons I j I II ~ i li F I 34. { C ATTACHMENT 11 M Proposed Annexation Schedule A•78 Ryan Tract December 3, 1998 Neighborhood Meeting at City Hall West, 5;00 p.m, December 8, 1998 City Council receives a preliminary assessment, gives direction to staff and considers approval of a schedule for public hearings regarding the proposed annexation. December 23, 1998 Notice published in Lknton Record Chronicle for first public hearing > Annerallon Study prepared and available for public review > Scrvlce Plan prepared and available for public review 11-eary 5, 1999 City Council cor:uucts first public hearing > Public notice must be no less than 10 days and no more than 20 days before public bearing. January 3, 1999 Notice published In Denton Record Chronicle for P & Z public hearing. January 13, 1999 Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed Zoning, t > Public notice must be no less than 10 days before ublic hearing January 6, 1999 Notice published In Denton Record Chronicle for second public hearing January 19, 1999 City Council conducts second public hearing > Public notice must be no less than 10 days mad no more than 20 days before public hearing. February 9, 1999 City Council (Sperlal Call Meerfng during work a itati) by a low fifths vote institutes annexation proceedings. First reading of annexation ordinance. > Action must be more than 20 days after the second public heartog but less than 10 days from the first public hearing. February 19, 1999 Publication of annexation ordinance in thi Detdon Record Chronicle. Marcb 23, 1999 City Council by a four fifths rote takes final actiun. Second reading and adoption oc the annexation ordins>Sce. City Council considers approval of the zoning request, > Council action must be more then 30 days after publication orordinonce and less then 90 days after council Instltuies annexation proceedings. r h f 35. i r . t 9 - AGENDA INFORMATION SHEET Agenda No. Agenda ham N AGENDA DATEt January 19, 1999 DEPARTMENT: Planning Department AL~ CMIDCM!ACM: Rick Svchla, 349.7715 SUBJECT - Z-98.046 (Golden Triangle) Hold a public hearing and consider the request to rezone 1.501 acres from a Planned Development (PD-6) zoning district to an Office (0) zoning district. The 1.501 acre property is legally described as all of tract 8 (.344 acres) and part of tract 7 (1.157) in the R,H. Hopkins Sunray, Abstract 1694 and Is located on the on the north side of San Jacinto Blvd., approximately 316 feet east of Piney Creek Blvd, The proposal is for future resale and development., The Planning and Zoning Commission recommended approva; (7.0) with conditions. (Z-98.046) BACKGROUND The applicant has requested to rezone this property for future resale and development. The property Is currently undeveloped and situated between two existing banks, The proposed development is coraistenl with most of the policies of the 1988 Denton Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies (see Attachment I - Comprehensive Plan Analysis section). Six (6) properly owners were notified of the zoning request. Two (2) responses have been 1 J received in favor of the request. 1 The subject property is located in a Planned Development (PD-6) zoning district created on September 23, 1969. The ordinance for PD-6 designated this tract, along with the Bank One and Provident Bank tracts for commercial uses, rhis request H ould, in effect, be s downzoning. PRIOR A 'TIONI EVIEW (Counelf. BOYrds.Commisslonsl The Planning and Zoning Commission recommended approval (7.0) of this zoning request on December 1, 1998, as recon, acnded by slaffwith the following conditions: I, Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky. 1. A burfer yard shall be provided, having a minimum width of 15 feet with canopy trees zz, every 20 feet and having L5 understory trees for every canopy tree, along the northern boundary between the subject site and the adjacent single family residentially zoned tracts, le A FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school eisiricl. it will require no short-term public impr cments that are the responsibility of the city. 1. r L 0 As a form of Inflll development, no extension of public Infrastructure is necessary to service this site., ATTACHMENTS I. Planning and Zoning Commission Report, December 2,1998, (Z-93-046) 2, Planning and Zoning Commission minutes from December 2, 1998. 3. Droll Ordinance, 4. Approved Dclailed Plan Respectfully submitted: D a1 Director of Planning and Development Prepared by, Trina (McElrcath) Finn Planner 11 i ' i 2, r ATTACHMENT 1 +w PLANNING AND ZONING COMMISSION REPORT STAFF REPORT Sublect: Rezoning Came Number; Z-98-046 Golden Triangle Add itlon 11aff: Trine McElreath, Planner II Agenda Dote: December 2,1998 Hold a public hearing and consider making a recommendation to the City Council concerning the request to rezone 1,501 acres from a Planned Development (PD-6) zoning district to an Once (0) zoning district. The Intention is for future resale and development. i Golden Triangle N w E S i LOCATION MAP Location: On the north side of San Jacinto Blvd., approximately 318 feet west of Piney Creek Blvd. size: 1.601 acres L 99 00, P and t 561ff fleirut rW E 3. I_ i I Applicant: Joseph Moskowitz Owner: Golden 7-langle JN 145 Huguenot Street 7001 Preston Rd. Suite 600 New Rochelle, New York 10801 Dallas, TX 76205 Section 35-7 of the Code of Ordinances outlines the rules of procedures for amendments to a zoning boundary or district. In general, any person having proprietary Interest in any property may petition city council for a change or amendment to the provisions of the Zoning Ordinance, or the Planning and Zoning Commission may on He own motion or on request from the City Council institute study and proposal for changes and amendments In the public Interest. On September 23, 1969, this property was rezoned from agriculture (A) to Planned Development (PO-6). PD-6 designated this tract, along with trtie Bank One tract and the Provident Bank tract, for commercial uses. This request for straight Office (0) zoning would, In effect, be a downzoning. Office (0) zoning district has no floor-to-area ratio or height limit designated In the zoning ) ordinance, thus it Is difficult to assess the amount of traffic that will be generated from a site without knowing exact building plans. The current proposal Is speculative, with no specific building plans provided. Staff has calculated traffic generated based on a hypothetical maximum build-out of a one story medical office building (see Table 1). The 1,501 acre (65,394 square feet) site will lose roughly 65 percent to parking, infrastructure and landscaping, leaving .676 acres (29,427,3 square feet) of buildable area. The Institute of Transportation Engineers' 1991 calculations Indicate that a medical office building will generate 34.17 trips per thousand square feet of floor area per weekday. Based on 29,427 square feet of buildable area, a one story medical office building would then create 1,005.6 trips per day. A building of multiple stories would Increase traffic generation calculation, however it would not be accurate to say that it would increase by 100 percent for each story, because additional land would be lost (thus reducing each floor size) for 1 additional parking (1 parking space for each 300 square feet Is required for an office) unless that parking were placed underground or In a parking garage as part of the building. S Z 99 046 P OM 1 Sal Rrpxt.doC 4, r cr I I i F he 1988 Denton Development Plan (DDP) shows this area to be within a Major Activity Center, hese areas are the largest centers strategically located to encourage the concentration of commercial, retail, office, light Industrial and multi-family housing. These centers are Intended to serve as a hub for economic activity and employment. Veliicular trip generation due to development within major Activity Center is not restricted. Staff finds the proposed development to be consistent with both the policies and trip intensity standards of the 1988 OOP. The table below provides a summary of the 1988 Denton Development Plan policies applicable to this project: Denton Development Plan Policy Analysis Summary Major Activity Center Development Rating vs, Policy swnewhat POLICY COMMENTS tna torodert Major activlly Centers also designated as The proposed ORlce coning would urban Centers are Inttmod to provide a prorrrote this object" wide range of urban services to major se K cb" of the dty. The northern and soudvm Urban Centers The propaed Oft e aonkrg Is not heavy are Intended to hm a commerdal and Mmn*dat or hk Md, but would IndusWal emphadN and to encourage a encourage VofeW&W errown* t. mldure of emgoyrnrnt and high density x residential uses To promote balanced growth, the hortwn This would be a smell addition m the urban center should be conparaUe et sit, wuftm urban center. empoyment and density to the southem x { urban center bV nIO- i l r 98 W6 P and t staff Report, doc S. t e; 1 h I 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Is to be used In conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1998 DP. t - i+r 1. Transportation A. Trip generation Table 1. Proposed Land We Trip Oenerallon Land Use Average Trip Total Trip Maxlmum 9ulldout Oeneratlon Per Generation Office 34.17 tripa/1,000 of 1,005 trips/ Istory No restrictions ~.4 Anowed Trop Generation Variable Variable No Restrictions Difference In line with allowed tripe calculations providod by e,o inathuta of Trsr,4 ahon Enetnaara, lsal. B. Access Access is provided onto San Jacinto Blvd. C. Road Capacity San Jacinto Blvd. Is a collector and designed to accommodate 6,000 trips per day. At present, the 1997 traffic counts for this road Indicate that it is at 69% capacity with 2,928 trips at the Intersection with 1.36E. San Jacinto Blvd. still has capacity to handle the trips generated from the proposed development. D. Pedestrian Linkages Sidewalks along all public streets are required. 2, Utilities This site has access to existing water and sanitary sewer lines (see Enclosure 4): Water: 9) 8" water line In San Jacinto b) 8" water line In Piney Creak Wastewater: a) 110" sanitary sewer lino In San Jacinto b) 10" sanitary sewer line In Piney Creek r Fire: There are two fire hydrants Ioceted in front of this tract along San Jacinto, 3, Drainage and Topography 195 c s, n ant Z Staff PDA ix 6. t I New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must Indicate the method by which the run-off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance. 5. Off -Street Parking New development must provide parking according to the regulations of Section 35-301 of the Code of Ordinances. The total number of parking spaces required by any one development is a factor of one parking space per every three hundred square feet of office floor area. 6. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). 7. Lighting Lighting on the property should bo designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion Into the night sky. PROMRTY.liIgTI January 14, 1969 - The subject property was placed in the Agricultural (A) zoning district and land use classification by Ordinance 69.01 which adopted the first zoning ordinance and map for the City of Denton. September 23,1969 the property was rezoned from Agriculture (A) to Planned Development. The subject property Is not platted and would need to be platted prior to any development. PUBLIC NOTICE I Notice of the zoning request was published In the Denton Record-Chronlcle for tho second time on Sunday November 22, 1998. The first notice went into the paper October 18, 1998 for the October 28, 1998 PU meeting, but was pulled at the request of the applicant In order to correct metes and bounds description. Six (6) property owners were notified of the request on November 20, 1998 and on October 16,1998. As of this writing, there have been two responses In favor of the request, G:a to the favorable responses received, the applicant did not feel that a neighborhood meeting was necessary. r.':0 1941 9"[4 t 'jf ' 7. cA i i Staff recommends approval of Z-96-046 with the following conditions: 1. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion Into the night sky. 2. A buffer yard shall be provided, having a minimum width of 15 feet w uh canopy trees every 20 feet and having 1.5 understory trees for every canopy tree, along the northern boundary between the subject site and the adjacent single family residential) zoned tracts. move to recommend approval of Z-98-046 with conditions as outlined by staff. r 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial 4. Postpone consideration. 5. Table item. 1. Zoning Map. I 2. Utility Map. 3. 200' Property Owner Notification Map. 4. Denton Plan Matrix. w' 'A t" Z 99 W6 P aM z staff Repoit.doc 8 t . r . i c, 1 I i Enclosure 1 Zoning Map Z,98-o49 roe Pc N i W E A~. 5 3 • t 96 NO P a-d 1 Staff RePod,doc 9. I U Enclosure 2 Utility map j Z-98-049 i 0 • s N W g ' S Utlllty Map Legend R Electric Une Water Line Sewer Line • Fire Hydrant Z 78 G'tn a A'd ! Staff Repnrt,doc t Q • 1, t u I Enclosure 3 Notl}kadon Map - ~ I i Z-98-049 N r 5 ly 1 Z-99 046 D and Z Staff Re vi dOC 11 . s c 1 'I I MONK, Enclosure 4 Denton Plan Polity Matrix The table below provides a summary of the 4998 Denton Plan Policies applicable to this project: Denton Plan Polity Analysis Summary Development Rating vs. Policy CATAGORY POLICY Inccnoitent Not Applic" Consistent Transportation. Compliments Denton s Ong-Range Thoroughfare Plan, x ' Promotes Access Maragetlent PraCfkes X OpUrrizek operra~b ~n~~gency seMce proWdm and % Promotes public transport" system. x Contributes to the Denton Tra is network. x Stormweter Drainage. Protects 100-year floodpla'n areas In accordance with Denton's watershed management plans ! X Conrorms to local suWriolsion regulations. rx eontrwes to regional detention fadlities. X Provides for natural rlparlan environment along floodplaln. _ X upgrades existing p•tntandard drainage systems as Inflll and redevelcgnent occur. k Water and Develops and maintains properly and private WasterwaNr. Infrastructwe, Creates opportunity for overstdng water and wastevater Imes to meet future development demands. X Provides review of proposed water and wastewater Infrastructure to n sire We safety and health. X Promotes Infil improvements over new line extensions X Electric. Provldes underground electric seMa for new residential and nonreodentiat development X Solid Waste. Pronwtes efAdent access to all development for solid waste "Nte (lei", x Parts and Recreation. Locates parks and recreation Willies in accordance with ft Parks and Recreation Strategic Plan. X Enhances parks and recreaton oppontwioes for residents. r Preserves floodpai n for parks and open space to aid In Roodplain conacNabon efroft X ; Allows mmdNng of parks WO other pudic facilities tO achieve Cost-efreQWe delivery of "Ili servloef. X Residential development should dedcate tend or Rea In Iku of laM for neighborhood parks k , tnvlronmantal Quality. Promotes preservation of natural resouroes integrates enAronmerntai protection with econortsc growth and community development ( f ('i!1 b. F 0'•il 7 51-d1 Fctxll CIIN 1~. r , f FCATAGORY Plan Pollclsa Analysts (continued) Denton Plan Policy Analysis Summary Development Rating vs. Pollcy POLICY tnoogl~nt avd coralatent x flatghtarhoeda "cort UOYwz"for &aLo es a mftn of land uaaa tMt W*t reddxft x RntaM w prurm edatlnq no*bohoodc x prances Node and pe&O" a+mc Mft V4 w~ nelghborhoode to reduce "Nadw bim Hoot". RnAks a range of Oudn Ow appeal to d wrv eronon+IC and YrdlvlAral L oftt a varsety of W*4@mry bt SIM bAft des, "woa rwVA hu rvea erW* houdnq, ardudlag Nf rd" houdr4 1rlaeaaK tMM taudrp tombuctlon. lamamao t,o b but•%to a *wV arW d mgkd tool ezwN by dVarslflgtlon. gtatadrv, errq Mwj IOW OW&V tM tax bm x i eaavernn+.nt tncarapa InblgeVdMlef w aardlnatlon to PW& cofEe odkPUw.wrvtees. Urban Dos4m Mbellea Oo MUft appearance to a COmprltkntlVe roamer 3, pverWn vdtoctsN appearma c bA Wronment x ,wlh~ ta~n6 usesn ~ x protect and preserves Denlani srdrlDewt aRurN and hht kW reepxttt x p,40-05 tM appeM" Nona melon ant wUwaya. x r Peonwtes the pie* Yabon of trees and *620M. x Public ZnvolvNIMM Rootdea N oppMwity fa "k wjOn durlnp tM DtanMnq power, 4 . y. t Z 98 CP16 P W Z SLUR Report.doc 13. t c, ATTACHMENT 2 a EXCERPTED DRAFT MINUTES PLANNING AND ZONING COMMISSION December 2, 1968 The regular meefing of the Planning and Zoning Commission of the City of Donlon, Texas was held on Wednesday. December 2, 1998. at 5:30 p.m, in the City Council Chambers at City Hall, 216 E. McKinney, Denton, Texas: Present Elizabeth Gourd* Salty fb'shel, Susan Apple, Jim Engelbrecht, Rudy Morena, Carol Ann Gonzer, and Bob Powell Present from Start: We Sucek, First Assistant City Attorney; Mark Donaldson, Assistant Director of Planning; Wayne Reed, Planner I; David Salmon, Engineering Administrator, Tdna McElreath, Planner 11 PUBLIC HEARINGS - ZONING CHANGE 6. Hold a public hearing and consider making a rscommendatlon to City Council concerning a change In zoning on 1.801 acres from a Planned Development (s portion of PD4) zoning district to an OfAce (0) zoning district The 1.5r1-scre property Is legally described as all of tract 8 (.344 acres) and part of tract 7 (1.157) in the R.H. Hopkins Survey, Abstract 1894. It Is located on the north side of Son Jacinto Boulevard, approximately 316 fast west of Piney Crook Boulevard. (Z-9848, Golden Triangle Addltlon, Trlna McElresth) (audio tape was not fumed on of beglnnfng of (his item) Commissioner Engelbrecht: Item 06 this evening is to hold a public hearing and consider making a recommendation to the City Cruncil conceming a charge in zoning on 1.501 acres from Planned Development zoning district to an Office zoning district. The property is legally described as all of tract 8 and part of tract 7 In the R.H. Hopkins Survey, Abstract 1894. It is k=led on the north side of San Jacinto Boulevard, approximately 315 feet west of Piney Creek Boulevard. Ms. McElreath Is going to provide us with the staff report. At this time, the public hearing Is open, Mo. Trine McElreath presorted the staff roport. Ms. McEireath: First. I'd IN@ to note that on your maps, the shaded area is actually much larger than the subject property, and that's just simply what our parcels come out to bean our computer. The smaller sq ,are, which you cen see on the larger document I have underneath ft, is actually the area that's being rezoned. This property was rezoned back In 1969 from Agricultural to Planned Development-0 along with the BankOno tract and the Provident Bank hart. PD-6 allows commorcial uses. So, this request for straight office zoning Is, In ossence, a down zoning, Office zoning district has no floor-to-orea ratio or height limit designated in our zoning ordnance, So, It's difficult to assess the amount of traffic [hat would be generated from this alts without knowing the exact bul ding plans. Staff has done some calculations, as you'll see in Table 1 generated booed on a hypothetical mexlmum bulld-out for a one- story medical office building. The one-and-a-hatf-acre tract, which Is 65,394 square feet, will bee roughly 55% to Infrastructure, pa king, and landscaping. The Institute of Transporhtwn-end then that would leave about 29,400 square foot of bulldable area. The Institute at Transportation engineers, which is where we get ell of our traffic generation data, calculates that a medical office building would generate 3417 Mps. Thor fore, this bulicdng, 9 It were bull out to the full 29,421, would create 1,005 trips per day for the first story, And then muhlple stories on top of that would inudase the traffic generation; however, it would be wrong to assume that l would double-'pu know, Increase by 100% fur every story-because, as you go up, you'll need more parking, which means you, Icons get smaller because you need more land for parking, uniess they pct all of the parking under the building It a partdng garage-type scenario, which is of usually done in Texas L excuse tits tend Is not expensive tough to warrant that. The cost of Cis parking gs ° ;e would certainly outweigh the xst of lend. This project or this ale, excuse me, Is In a major activity center as designated by our Denton Development Plan, and vehicular hip ganerellon due to development within major activity centers Is of restricted. Staff finds that the proposed isvelop,nent Is In One with the Denton Development Plan. San Jacinto Boulevard is a collector onel designed to accommodate 6,000 hips per day. At present, the 1997 traffic counts for this road Iriftste that it's at 59% capacity with 2,928 trips at the r n, intersection with 1.35. it still has capacity to tiandle Ne trfps generated from this development The only other A r outstanding comment that we would have to make outside of our general statements would be that we would / f . reoommand-that we would make two recommendations as conditions for this, and that would be %hgrq on the having iA property and a buffer understtory trees for everyr anopyr tree along the northern boundary adjacent 10 the mmaa of PlneyOroek on the north ride. , 14. III I I I ICI Planning end Zorwng Commission Minutes December 2, 1998 Page 2 of 29 g Commissioner Engeibrechb Commissioners, any questions? Ibe one. Do you-notices and responses, please? Ms. McElreafh: Yes. We've actually doable-noticed this. We were originally going to hold this some am$ ago; however, we had to correct the metes and bounds description. So, hotica was sent to the paper first October 18, 1998, for the October 28 meeting and was pulled. So, them, 11 was me notified on November 20, excuse me. The properly owners were renonMed an October 20 In addition to the October 18. And of this writing, there have boon two responses In favor, and I have these 9 you'd like to sea them. There were to responses In opposition or neutral. Everyone's In favor of this. Commissioner Engelbrmcht: Yes, d you would, pass those around, please, Any questions? No questions. Is the petitioner or petitioners representative present? If you would please give us your name and business address for the record. Mr. Cox: Mr. Chairman, Commission Members, City stall, my name Is Ray Cox, My office Is at 501 South Carroll, Suite E, Denton, Texas 78201, I'm repmsenting the applicant Mr, Joseph Moskowitz In this rezoning request I've also Won commissioned by him to provide design and constructlon documents for the project In the event that the zoning is approved. If 1 may, I'd like to take just a brief moment to give you most of what we're plonning to do. As has been previously stated or shown, the property Is immediately adjacent to the east of the Provident Bank. It's a IYrocre bract We're proposing medical a" eps.re, approxlmatety 12,000 square'eet Actually, the property Is being developed in two separate buildings joined together by a common, covered lerracelwalkway, and there are a couple of reasons for that 0 you can ties right here, this is an exltitng drive that gm Into the bank building over here, and this Is flared out to the properly Una over to our property. It's In alignment with one of the drives that goes Into the bank building, end it's Intended that that would continue on eastward to further development down the other way and eventually to into a similar common saws easement down at the bowling oney-I'll can R that We didnt wanl to load the front and of the she with perking. We wanted to put the bulk of R In the Fa*. At the same time, ail of the tenants that will be In this building of these two buildings, had expressed a very strong desire to have vislbts access from San Jacinto Street So, In order to do that and at the some time not make east of the NlIents have to walk sit the way around to the front, we deckled to split the building; and the darker gray area that you see here represents a covered area. The green ergo all throughout the one Is the landscaped area on the site. This Is the 154oot landscape buffer yard that Me. McElreath mentioned a minute ago. We have provided that The total space Is somewhat leas than hall of what the maximum area that Staff had projected in terns of trefflo generstlon and so forth. I think they came up with a little over 29,000 feet Were lose than 12,000. We do-we unto requtred to haws 47 parking spaces. We have 85; and, again, that's fart of the request due to the nature of the businesses or the professions that will be In there. And If I may show you this real quickly-Ihls is just the proposed front ekvaton, j This, as you can see. Is some of an entrance scaffolding, and this goes on the way through to the beck of the parking 1 rot. This area is part of the covered terrace pod landscape arms. There are park benches so that the firmly members can go out and sR outside to opposed to being Inside the oRrce-weather permitting, of course, About an 1 can tag you at the moment, unless staff has any questions. Commissioner Ergetbrechl: Any questions for the petitioner? Mr. Moreno. Mr, Moreno: Yee, air, Oussbon for Ms. McElreath. We're not really voting on this site plan tonight arm we? We're 1 just-this is just be our Information. Ms. McElreath: This is a zoning case. You'll be making a recommendation to Council Mr. Moreno: Okay, but.,., k1s MCElreath: Not on this building Commissioner Engefbrechb This Is straight zoning, Ms. fvlcElreath: Just on to zoning from PD-5 to Office riming. Mr, Moreno: Okay, but...Okay. Thank you. r Mr. Cox: I did this to provide information to show you what I.,.. Mr, Moreno: Demanstraflon? Okay. Thank you, air. Commissioner Ergelbrechl: Any other questions for the petitioner! Thank you. Is Net anyone present who would . like to speak In favor of this petition? Anyone present to speak In favor of the petlton? Is Urere anyons prosIMI who 15. c Planning and Zoning Commission M•n,,tes December 2, INS y, Page 3 of 29 would like to speak In opposition to the petition? Anyone present who woutd like to speak In opposltlor, c the petition? There Is no opposition. We'll waive the rebuttal. The public hearing Is closed, Ms. McDeath, any final start comments? Ms. McElreath: lust a recommendation. Commissioner Engelbrecht M right. Ms. McElmath: Staff recommends approval 01 2-98440 with She following conditions. Number 1-4ghtkq on the property siwM he designed and maintained so as not to shine on or otherwise disturb adjoining property or to shine and to projed upward to prevent the diffusion Into the night sky. Number 2- a buffer yard shall be provided having a minimum width of 15 feel with canop trees every 20 feel and having iY. ur derstory trees bravery canopy tree along the nodhem border between the subject site and the adjacent elngWfamily, resldentlally zoned tracts. Commissioner Engetbrechl Any questions for staff? Mr, Rlshel: Like to make a motion. Commissioner Engeibrecht; Go ahead, sir, Mr, Rishat And the petitioner understands Nose recommendations? Mr. Cnx7 Mr. Cox understood the recommendations that start had made? Ms. McElreath: I believe so. Mr. Rishel: He was aware of those recommendations? Ms. McElreaN: Yes, air. Mr. Rishel: Mr. Cox, the question Is, Mr. Cox, were you aware of the recommendations Ihat staff Is making regarding the ilghting and buffer yard? Mr. Cox: Yes. Mr, Rishel; Yea. Okay. I'd like to make a motion. I'd like to move to recommend the approval 012.98-04G with Ne conditions as ou0lned by staff, Ms,Gantec Second. Commissioner Engelbmchl: It's been moved and seeoded to recommend app-ovat. My diecusalon on the motion? If not, all In favor, please raise your right hand. Motion Carries unaninausly. (7-0) Nis. Gourdie: Could I just ask a quick question? Whale 1 K Voss? How do you do that? Ma. McElreath: You just skip for every large iree. instead of hcving one small tree for ovary large tree, you have one here, but not in the middle, and one over here, so that here's Modally three for every tw0. Me, Gourdie: Super. Thank you. Commissioner Engeibrochl: There that new species-Nat hai6tres. Ms. Gourdie: That's right. We each have 1.83 children In our housshoW. Thank you. Comm ssloner EngetbrechL I Nlnk they rnme out of Oklahoma, don't Nay? Mr. Powell; More else? 7. Hold a public hearing and consider making a recommendation to tit City Council conceming an ' At amendment to the Denton Development Plan's Concept Map, raoning of 29.2 sates from Planned r t;. Dwalopment39 (PD-39) toning district and 8ingte-Famlly 7 (0.7) zoning district to a Commercial conditioned (C(c)) toning district on 24,4 stns and General Retail (GR) zoning district on 4.9 acres: a, Amending the Denton Development Plan's Concept Mop concerning the conffgufatlon of the, Moderate Activity Center tocotad at Oherman Drive and Loop 288; 16. wM lElvOll L1g11bttR10, aO~agl-uwwt UOy a~N41 ~w ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM A PLANNED DEVELOPMENT ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO OFFICE CONDITIONED (0[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A PORTION OF PLANNED DEVELOPMENT NO.6 (PD-6) BEING 1.501 ACRES OF LAND LOCATED ON THE NORTH SIDS OF SAN JACINTO BLVD., APPROXIMATELY 316 FEET EAST OF PINEY CREEK BLVD.; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, Joseph Moskowitz, on behalf of Golden Triangle Joint Venture, has applied for a change in zoning for 1.501 acres of land from it portion of Planned Development (PD-6) zoning j district classification and use designation to Office Conditioned(0[c]) zoning dis!dct classification I and use designation; and WHEREAS, on December 2, 1998, the Planning and Zoning Commission recommended approval of the requested change in zoning with conditions; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIO I. Th-1 the zoning district classification and use designation of the 1,501 acre property described in the legal description attached hereto and Incorporated herein as Exhibit A Is changed from Planned Development (PD-6) zoning district classification and use designation to Office Conditioned (0[c)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION It. That the use of the property shall be subject to the following conditions: L Lighting on the property shall be designed and maintained so as not to stone on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion Into the night sky. 2. A buffer yard shall be provided, having a minimum width of 15 feet with canopy trees every 20 feet and having 1.5 understory trees for every canopy tree, along the northern boundary between the subject site and the adjacent single family residentially zoned tracts, SECTION Ill. That the City's official zoning map is amended to show the change in zoning district classification, 17. C' f I .c+4im+~iuwromriaa e.+s.or+e~ aw amuxt r is SECTION Iv. That any person violating any provision of this ordinance shall, upon conviction, be finod a sum not exceeding $2,000,00. Each day that a provision of this ordinance is violated shall const~ Lute a separate and distinct offense. SEMI UY. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is ber&y directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. SECTION VI. That Planned Development 6, as amended, shall remain in full force and effect, save and except as amendod by this Ordnance. PASSED AND APPROVED this the day of 1999. JACK MILLER, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 1` I.J t I a i 1,501 ACRE. FIELD NOTES b all that certain tract of land skated In the A.H. Hopkins Survey, Abstract Number 1694 In the C1ry and County of Denton, Taxes and being a Part of the called 27, 3495 acrd, Commercial Tract 2, described In the deed from Herbert D, Weitzman to Golden Triangle Joint Venture recorded In Volume 666 Page 937 of the Deed Records o`Denlon County, Texas; the subjecttract being more partcularly descnbed Wallowa: BEGINNING for the Southwest corner of the tract being described herein at a capped kon rod set In the Northwesterly line of San Jacinto Boulevard for the Southeast eornor of Lot 1 Block A of Township If, 2nd Ins allmdrd, in addition In asid Cby, occori ing to the Plat thereof recorded In Cabinet E Page 220 Plot Records, THENCE North 27 Degrees 22 Minutes 00 Seconds West with the Easterly One of sold Lot 1 a distance of 30000 feet to a capped iron rod Nt for the Northeast Corner of sow Lot 1 In the Northerly line of sold 27.3465 acres and being in the South One of Clermont lane, as shown on the Plot of Miles of Piney Crook Phase t, an addition In sold City, according to the Plot thereof recorded in Cabinet M Page 304 Plot Records; THENCE North 62 Degrees 36 Minutes 00 Seconds East with the South One thereof and the North line of asw 27.3465 acres a distance of 216.00 feel to • capped iron rod set for the Northeast Corner of the herein descnt ad tract; THENCE South 27 Degrees 22 Minutes 00 Seconds East a drstsnce of 300.00 feet to a capped Iran rod set in the South One of saw 27.3495 acres and the North line of sold Boulevard; THENCE South 62 Degrees 36 Mnutea 00 Seconds Wet with said tine a distance of 21600 feet to the PLACE OF BEGINNING and enclosing 1,501 acres of land. These Field Notes wfth the accompanying sketch were Fwopared from an on-the-ground survey made under my direction and supeMsion on August 12, 1696. There are no visible or apparent Intrusions, protrusions or easements except as shown. i Michael J, Kern RPLS No. 4156 Date NOTE; linty the following easements, restrictions, and declsrstlons, supplied to me have been reviewed and are addressed es follows; Vol 1061 Pp 366, emended In Wit 1119 1 342 do affect this tract; Vol 454 pg 217, Vol 454 Pg 224 do not sffoci this tract and subject to Voi 4067 Pg 7. FLOOD STATEMENT; I haw examined the FEW Flood Insurance Rate Map for the City of Denton, Community No. 450194, eNsotlve date April 2. 1997 and that map Indicates that this property Is not within an Identified flood zone as shown on Panel 360E of sew map. (Non shaded zone x). CERTIFICATION: This survey was performed In connection with the transaction described In OF No. 101622 I hereby certify that I haw conducted an accurate on the ground survey of the promisee depicted hereon and described In the legst dowriptlon attached hereto and that the findings and resuns of ask) survey are true and correct to the best of my knowledge and belief and that the site, type and loaetion of the permanent Improvements are as shown and that sew survey correctly shows the subject premise according to the description of record, and that except as shown there an no visible encroachments, visible overlaps, vWbte conflicts or visible protrusions. NOTE; Ubl"s shown hereon are taken from City of Denton utility piano only. r [ /rf\ C 19. 1 ATTACHMENT 4 iw. J't- Ltd T I~IrrT~'T T~~ 1., ~ lrf !'1111 ~ JJ ..~~\ra.,~j...r •'s;dnr'} 'tr I1~!~• ~ J I hN, I t III IiLiu N i [1 r ♦ ti.~~r 111 Jt•:". Poe. JAIk, ~ rM IS I r p1 h, t 1 r,! ' R l.Y r r y;•t,arry 1 +0 a..a .0w. ~J i/.wrr.rrw vo`, - A aM rN / ~ ' ® Srntrf mat. M1 4 MIR r 4r, r ly r , wr ►w.rr1441 r .',1 . rr a.r~nr T~' C' TRIANGLE PARK SIMION.TEXAN ~WNlRs MANX blCKCRNN AN ASIOCIA R/ r' *M-AV! -rlrrlllu.u.. Ilfl{IlU nrlnrr. j 201 ! k e AGENDA INFORMATION SHEET APdalyp, /spends ltem. AGENDA DATE-, J nuary 19, 1999 DEPARTMENT: Planning Department C31/DCNIIAC61: Rick Svehla, 349.7715 SUBJECT -Z-98-057 (ColoradoSgrlare) Hold a public hearing and consider a rezoning of 3.24 acres to change the maximum square footage allowed in the existing Planned Development (PD-6) zoning district. The 3.24 acre property is legally described as Lot 1, Block I of the Golden Triangle/Michacl's Addition in the City of Denton, Denton County, Texas and is located on the on the cast side of Colorado Blvd., approximately 525 feet north of Loop 188. The proposal is to reflect the actual development of the Hastings and Michael's stores that has occurred on the property and provide for some future expansion. The Planting and Zoning Commission recommended approval with one condition (7-0), Z-98-037) BACKGROUND The applicant has requested to rezone this properly to reflect the existing structures on the site, which were built larger than the building permit allowed, and allow for some expansion. The building pen-nit issued, in turn, allowed more square footage than the approved detail plan allowed. The proposed development is consistent with ail of the policies of the 1988 Denton Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies. Five (5) property owners were notified of the zoutng request. One (1) response has been received in favor of the request. The subject property is located in a Planned Development (PD-6) zoning district. The detailed plan for this portion was approved on October 21,1986. PRIOR ACTION/REVIEW i qun ell. Boards. Commissions] The Planning and Zoning Commission recommended approval (7.0) of this zoning request on December 16, 1999, as recommended by staff with the following conditions: Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent diffusion Into the night sky. FISCAL INFORMATION f Development of this property will increase the assessed value of the city, county, and school district, It will require no short-term public improvements that are the responsibility of the city. As a form of Infill development, no extension rf public infrastructure is necessary to service this si te. It . c c; i A I'TACHNIEMS 1. Planning and Zoning Commission Report, December 16,1998, (Z•98-0$7). 2, Planning and Zoning Commission minutes from December 16,1998. 3. Draf20rdinance. 4. Approved Detailed Plan Respectfully submitted: ice. Gs~ . D ill Director of Planning and Development Prepared by: Trina (McElreath) Finne Planner it I j E I O l I 2. 1 I r , ATTACHMENT 1 K PLANNING AND ZONING COMMISSION REPORT STAFF REPORT Subject: Colorado Square Cosa Number: Z-98-057 $A f: Trlna McElreath, Planner II Agenda Date: December 18, 3999 Hold a public hearing and consider making a recommendation to the City Council concerning a rezoning of 3.24 acres to change the maxlmurn square footage allowed In the existing Planned Development (PD-8) zoning district. The pror osal is to reflect the actual development of the Hastings and Michael's stores that has occurred on the property and provide for some future Colorado Square k N W E r S expansion. ! r~ r; LOCATION MAP Location: On the east slde of Colorado Blvd,, approximately 525 feet north of Loop 288, Size: 3.24 acres porl'I stall AMI.1,kX 3. t• 1 'I c i 1 FApplicant: Barry R. Knight Owner: Golden Triangle Joint Venture 01 Elm Street, Suite 5400 7001 Preston Rd„ Suite 500 Dallas. TX 75270 Dallas, TX 75205 Section 35-7 of the Code of Ordinances outlines the rules of procedures for ^mendments to a zohing boundary or district. In general, any person having proprietary Interest In any property may petition city council for a change or amendment to the provisions of the Zoning Ordinance, of the Planning and Zoning Commission may on Its own motion or on request from the City Council Institute study and proposal for changes and amendments In the puhSc Interest. On October 21,1988, the detailed plan for a 3.2 acre portion of the Planned Development (PD-6) established by Ordinance 69.35 was approved. This detail plan calls for spec!tio building square footage$ as fo!tows, Michael's Bldg. Area - 18,000 s.f. (square feet) Retail Lease Area - 16,850 s.f. Restaurant Lease Area - 3.000 a.f. Total 37,860 s.f. i On January 15, 1987, a building permh for Michael's 17,985 s,L building was Issued. On June 27, 1991, a building permit for Hastings' 17,500 a.f. building was Issued. The current survey shows that Michael's Is 21,100 s.f. and the Hastings store Is 17,670 91 (a combined total of 38,670). Both stores have been built in excess of the building permit, which was issued In excess of the approved detailed plan. The petitioner Is requesting that a new detailed plan be approved to bring existing building Into compliance and provide some room for expansion. The proposed detailed plan calls for 41,200, for a total FAR, (Floor to Area Ratio) of .30;1, 1 i ' G Pa vit 51n1T Aew 6X iYir t, u The 1988 Denton Development Plan (DDP) shows this area to be within a Major Activity Center. These areas are the largest centers strategically located to encourage the concentraCon of commercial, retail, office, light industrial and multi-family housing. These centers are Intended to serve as a hub for economic activity and employment. Vehicular trip generation due to development within major Activity Center Is not restricted. Staff finds the proposed development to be evi"llstent with both the policies and trip Intensity standards of the 1988 DDP. The table below provides a summary of the 1988 Denton Development Plar policies applicable to this project: r V Denton Dm"mant Plan Policy Analysts Summary Major Activity Canter Development RatIng vs. Policy SWAM* POUCY COMMENTS sm m~datent Ire •,it tonrmnt M.ipr boytty Centers Wei dusted as The proposed plwied devatownant Uban Centers ere hbended to voOde a eaMnp woOd "n* ft ob}eCO". sec "Of * duty. sbNOes to nwJar x r4 wtem and swtwm Uban Canwo Thb a reWK* Intem www m are hWx*d to twee a cw merdd and kbW I KoWd eftoW s, and to vow" a reed ~M &d h qh dendty x xtLn erekl Tc po rate balw.ad WoW ik he rorbtwm This would be a mwll bddtlon to dw uroan ante should be ca, w" In rite, w*wm Am center, enplo/nrer+t and dermty M the n&" Urban center by 2010, X ; i I I i r' Dandt Slan Pepe t,dcx: S ~ ~ { c 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Is to be used in conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed developmant with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1998 DP. 'y" w«ftf'i:4ti 'x mww~t~ krff.,1.5,.. . Q r. 1. Transportation A. Trip generation Table 1. Proposed Land Use Trip Generation t Generation Per Generation Land Use Aver age Trip Total Trip grestdctlons General Retail tr ps , 675.6 trips/day Allowed Trip Generation No restrictions No restrictions ' Glcutdlon~ peevidW Dy uN Ms111uN of TnMpxWfan Enaln~s,lbL B. Access I Access Is available onto Colorado Blvd. C. Road Capacity Colorado Blvd. (secondary major arterial) Is designed to carry 23,000 trips/day. At present, the1997 traffic counts for this road are 9,326 trips per day, Indicating that there is , 69.6% capacity to handle the trips generated from the proposed development. D. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities This site has access to existing water and sanitary sewer lines (see Enclosure 2): Water; 8" water tine In Colorado Blvd. Wastewater: 10" sewer line running along the east side of the property. Fire: Two fire hydrants located on Colorado Blvd. In front of this development. 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study has been submitted with the preliminary plat. l!. 4. Signs As per the sign ordinance. pa'!11 Y fl Pvx l dv, 6 f 5. Off-Street Parking New development must provide parking according to the regulations of Section 35.301 of the Code of Ordinances. The total number of parking spaces required by this development Is a factor of one space for every 200 square feet. The proposed development would require 206 parking spaces, which is what currently exists on site. 6. Landscaping Landscaping will have to comply with the detailed plan. 7. Lighting Lighting should be addressed to prevent Intrusion Into surrounding properties. SS. P_..QPE0Y, HISTQ~iVr....t< January 14, 1969 - The subject property was placed In the Agric~ilture (A) zoning district and land use classification by Ordinance 69-01 which adopted the first zoning ordinance and map for the City of Denton. September 23, 1969 - The subject property was placed in the Planned Development (PD-6) zoning district and land use classification by Ordinance 69-35. October 21, 1986 - The detailed plan for a 3.2 acre portion of the Planned Development (PD-6) i established by Ordinance 69.35. This detail plan calls for specific building square footages as follows: Michael's Bldg. Area - 118,000 81. Retail Lease Area - 16,850 s.f. R6staurant Lease Area - 3,000 s.f. Total 37,860 s.f. Noverri 12, 1986 - The final plat of the subject property was approved. January 15, 1987 - Building permit for Michael's 17,985 s.f. building was Issued. June 27, 1991 - Building permit for Hastings' 17,500 s,f. building was Issued. PUBLIC NO'NCE' Notice of the zoning request was published In the Denton Record-Chronicle on December 6, 1998. Five (5) property owners were notified of the request on December 5, 1998. As of this writing, there has been one response in favor, Due to the limited residential nature of this area, the applicant did not feel that a neighborhood meeting was necessary, itECOMMENOAYION r. . Staff recommends approval of Z-98.057 with the following conditions: Lighting on the property shall be designed and maintained so as not to shine on, or otherwisIdIslurb, adjoining property or to shine and project upward to prevent the diffusion Into the night sky, F,,;y~tWP.... i 17 r ci I move to recommend approval of Z-98-057 as outlined by staff. 1. Recommend approval as submitted. 2. Recommend approval with further conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. ~i ii ii Ingue 1. Zoning Map. 2, Utility Map. 3. 200' Property Owner Notificatlon Map, 4. Denton Plan MaVx. 5. Issued Building Permits. I I f Pa,iC1 Staff Pernrt.doc 9 ' { Enclosure 1 + Zoning Map Colorado Square o? N w E 13, ZONING MAP Date: December% 1998 Scale: None Fa,;:? SrjN Pe4ot doe 1 2 Enclosure Utility Map Colorado Square E N I W £ / S UTILITY MAP Electric Line Water Line Sewer Line • Fire Hydrant r Date: December 16, 1998 Scale: None i Pa,dZ 5MY ReD( iij d*x 10. I i Enclosure 3 200' Notification Map Colorado Square I j N W E S 200' PROPERTY OWNER NOTIFICATION MAP Date: December IS, 1998 Scale: None Pa oz 51 an pep-oil ooc ;l t! The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy Nos CATAGORY POLICY lneonsist" consistent Trompa!adom Corn$ments Demon's Lotq-Rarge Tfdroughfam Ran. ftwrdtes Access Management Practices x Opamlies Operators ran emergency service proAders Ord other pudic service providers, x Pronvtea pudic transoortaboo S,'stern. x Contributes to the Denton Trolls netwo k % Storrnwater Drainage. Protect 100-year tloodplaln areas in accordance with Denton's waterstrM management plan X Conforms to local sutdvWon regulations. x Contributes to regional detention fadlltks. X PrcMdes for rah" riparian envtrwomit atong Aocdrta'n. X UpgraCes exlsang suA4andard drainage systems as hell ` `r ardredeveloMwtOccur. Water and Develops and maintains propery and private Wastewater. InBastructn. X Creates OppMunity for oversinng water and wastewater lines to meet futuro. uevelopment demands. 'u . X Provides review ref proposed water and wastewater Z infrastruc h-d to ensure pudk safety and health. Prorates ifill Impravwwft" new line entmdons. X Elaine Provides underground electric service for new residential and norresidentlal deeeloprneit wX solid Waste. Promotes efRdent access to art devekrpner,t for sold waste service delivery. x Parts and Recitation. L,ca'cs parks and rweaton facilibes In accordance with . Mk Parks and Recreaton Strategic Rare. X Enhances parks and recreation opportunities for residents. X Preserves Roodplaln for parks and open space to aid ki tloodplain conservation etfloltS. X Allows c"Nng of parks with other pudic fadWes to E adueve cost 2Redtve deh" of "Ir "NIO s. X Residential dnxlapment should de*ate lard or fees h lieu of land for ndghbortdod parks. Environmental Quality. PronWhs presen lion of natural resouroes h; X Integrates envln,,nentel Protector with economic ' P growth and con awlty development. j r 3s' ' n:r~ 2 sa,.r K,, HWrt dvr !2. l l I~ f plan pollclfs Analysis (continued) FLODentom, Denton P{rin Polity Mslysli Summary Daveiopment Rating vs. Policy i Mable casent POUCY it App a wW mim nIty hdit for aawapa a ntAn of land um M bm * re§M M x Aoteds and pewm eM ng r60bataods b x Rardm bky* and po&%4 ae traffic wRMn end fiebyeen ndghbomoodr to m6xe Maw bipa. Howrv. Aovida a range d housing 40 that awed to WO" emnaNC and xtdYtdud tfrWe.. Offal a vm" of slnd -%ff4y tot vile' WWO OM A a ma edsbfq Musing, h& dnq Ow a le Mw V. kxmna InIM hOLWrq mt*wtm. =%tow wataArq toemdoyrnent and Owdnq N taxtax. bme. x d"OTYlA4 f mwapes tnteipoverrvpentd wordnabon to provide m#elfedM pudk servka tbMah dedgn. Addvg is mmr "appearance in a mnvre sVe marvrei. 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Hlrr •r NMr Y•V .V. »..rw IM •1 •'.I.Nr.Iw rNI.+.V1+1./+r•rlr •wr.. rM.1 ~V rl•rw j IwIW 1111 rr 'MMY.rl+r lrllr NA^r+wllllr►~M ,I. VII ♦~~/1, 1 ' r} 001 0'1 WIUt1 OftO* tWS LIP41 In.l1 Lll vn . ! 4 rVVr n•. !I ,to ~I /tAA II N) ~S 7 1'pb 15 IOIPr ~•~~-~a31 w 1 +l v.r. l ATTACHMENT 2 EXCERPTED DRAFT MINUTES PLANNING AND ZONING COMMISSION December 16, 1898 The regular meeting of the Planning and Zoninn CommisOon of the City of Denton, Texas was held on Wednesday. December 16, 1998, at 5 30 p.m. In the City Council Chambera at City Han, 215 E. McRinney, Denton, Texas, Present Elisabeth Geordie, Salty Rishel, Susan Apple, Jim Engelbrecht, Rudy Moreno, Carol Ann Gonzer and Bob Powell Present from Staff: Mike Buck, First Assistant City Atlorney, Mark Donaldson, Assistant Director of Ptanning; Wayne Reed, Planner I, David Salmon, Engineering Administrator; Trina McElreath, Planner II PUBLIC HEARINGS -ZONING CHANGE i 9. Hold a public hearing and consider making a recommendation to City Council concerning a change In zoning for 3.24 acres to change the maximum square lootage allowed In the sale ing Punned Development {PC41 zoning dIoUkL The 3.24•scre property is legally described as tot 1, Block 1 of the Golden TrlanglelMlchad's Addition. It Is located on the east side of Colorado Boulevard, approximately 525 feet north of loop 288. The proposal Is to reflect the actual development that has occurred on the property and provide for some future expansion 12.88.057, Colorado Square, Trims McEtreath) Commissioner Engelbrac:it: That moves us to Rem 9 which is,;i hold a public hearing regarding a zoning change- that is, a public hearlny and consider making s recommendation to the City Council concerning a change In zoning of 324 awes to change sire mexkr4m Square fooLge allowed In the existing Planned Development6 zoning district The 3,24-acre property Is legally described as Lot 1, Block 1 of the Golden Triangleltdiehaefs Addition. It Is located on the east side of Colorado Boulevard, epprocrnstey 525 feet north of Loop 286 The proposal is to rafted the actual development that has attuned on the property and provide for some future expansion. At this time. I'n open the public hearing. I believe Ms. McElrealh Is going to provide the stall report for this one as well. I might begin by asking-are they going to change the name from the Golden Tds%WMichael's Addition given the recent action on that property? Ms McEkeath, We have not heard anything to that eBect Commissioner Engelbrecht Thank yaw. I Ms. Trine McEireath presented the Staff report. Ms. Mc£Ireath: A little bit of history on this--on October 21, 1986, the detailed plan for a 3.2-acre portion of PO-6 was established by Ordinance 69.35 Ths detailed plan clad for specific building square foologes as follows, Michaers building area to be 19,000 square feet; a retail Was area to be 16,850 square feet; and a restaurant base area to be built at 3,000 square feet, for a total of 37,060 square feet. If youl note that two pages of enclosure S show you building permit epplicetlons for-let me gel these straight-for the Hastings Store, which wes previously caned the retail base area, which was detailed punned at 16,850 square feet, was given a permit kir 17,500 sqore feet. The f.:khaers store designated at 18.0)0 square feet was given a building permit for 17,055 square feet. So, the Hastings was given permission to build a little bit bigger than the detailed plan slowed. Furthermore, and I do have the plan with me, the actual budding was built bigger than the building permit slowed which was bigger than the detailed plan So, what this comes down to Is the applicant is trying to bring the detailed plan into conformance with v,hst is already on the ground. Unfonunalely, zoom is not working, so I'm going to maneuver this as I need. TY% Is the original detailed plan that I have before you-the proposed base space over here being the Hastings and the Michael's over here at 18.000, and in-between the two was the restaurant lease spate, better shown here You can see one Store end the other store over here wilh the empty apaccs In-between. ! The area is what we call a major activity center being right next 10 the man therefore, there are no reslrictiens as far as traffic goes on this The planned development does allow these uses. M utilities are in place to i j Pceommodate this. The only Issue that is at hand Is, because this was approved in 1986, 4 was before our new parking and sucking regulations came into ePed. so the stacking that you see right here is a little bit Shorter 1ti. I i I Planning and Zoning Commission Minutes December 16. 1998 Page 2 of S Commissioner Engelbrecht. We cant see that. Can you raise that up? Ms McElreath Sure. I'm sorry , This right here is a little shorter than what we would require today: but again, this was approved In 1988, and we didnl adopt those reputations unto 1988 Commissioner Ergelbrecht. Now, is that stacking for egress? I'm not sure where you're,... Ms. McElreath: Wen, it's acrualty-Me stacking is here, but then as people toms in and try to make We maneuver, d there are cars blocking R. they end up being stacked here Commissioner Engelbrecht Okay I see what you're saying An right Ms McElreath: ,..and coming out onto the street, j Commissioner Enoelbrechl, Okay. Ms. McElreath: Notice was published for this in accordance with regulations In the Denton Record-CMoMcle on December 8th. We also malted out notification to five property owners, and there has been one response in favor i to this day Due to pre limned resklenlial nature of this area, the applicant did not feel that a neighborhood meeting was necessary. So we did not have one. And that is all that I have Ix you at this time. Commissioner Engelbreahl. You have one response. Me McElreath. Yes, sk. I Comr rissioner Engelbrecht Was it In favor? Ms. McF.Irealh! In favor. Commissioner Engelbrecht, Okay. Questions for staff? Thank you, Is the petitioner or petitioner's representative present? Yes, s'a. If you would, give us your name and address for the record, Mr, Williams: Certainly. Kirk Williams, 400 Renaissance Tamer. I represent the cumin) owner of the property, that being Golden Triangle Joint Venture. We were not the original developers of the property. We have purchased R since it was developed In the Lite 'Ift earty '90s In fact, this Rem Is really precipitated by a re-financing effort. General Electric Credit Corporeal. who is In the process of re-financing the property for my client, requlred that we obtain a zoning verification letter from the City In order to be sure that the uses and that the development was, In fad, conforming It was at that time we found out, I think to the surprise of the City as much as to the surprise of the owner of the property, that we are about 800 feet more development on the property today p.cn was allowed under the existing planned development. The staff has reviewed this In detail Ware on trying to find out whether or not there was anything that was improper that'd gone on. It appears that development permits were sought. They were applied for. They were permitted They were reviewed IN's constructed In accordance with City standards and those sorts of things. It just happens that we're slightly larger then was allowed. We do meet the parking requirements, and, In fad, we have noted on the plan that we have 213 parking spaces. With that, we can build 41,200 square feet of neat uses, We cculd not burl the 1,000 square foot restaurant site with the existing buildings and meet the parking requirements today. So, that Rem Is not before you We simply want to be sure that the site plan that is before you allows for the existing structures and existing parking and the existing landscaping. DRC recommendation was for approval with two additions to be made to the ere plan, and although R took us a little while to get R done, those oddlions have been made. One was the notation or a showing of the elevation of the monument sign end the sea of the monument sign on the plan as well as a landscaping legend. We actually had a survey crew no out, tour 1 the number of trees and calculate the landscaping that is on the she, and that has been put on the she plan. With that, we respectfully request that you approve this request, allow us to go to the r City Council to oWain approval, to that the actual constructed configuration becomes a legal conforming use. I's be f. glad to answer any specific qurstlons you may have and appreciate your time C,rnmismnerEngelbrechl: Aly questions for Mr, Williams? Mr. Rishel I have a question I ..r 17. I I Plznning and Zoning Commission Minutes December 18, 1998 Page 3 of 5 Commissioner Engelbrachk Yes, Mr. Rishel. Mr. Rishel: As the piece of property is currency carried on the tax rolls, Is it carried on the lax rolls as the actual size of the building or what was generated on the plans? Mr. Willy ms I don't know. I'll have to defer to stag in that regard 1 don't know. My Initial reaction Is that A is there on the actual construction beta rse those are permitted... Mr, R shel Actually gets measured slier it's but typically. Mr. Williams. And the Cerlificales of Occupancy in that fegard-we are within 1100 feel, but We just close-is not realty appropriate when we come to toning, as each of you are aware, and that's the reason we went to be sure and comply The original toning would have allowed 37,850 square feel. We appear to have 38,5311 square reel constructed Mr Rishel: I guess my concern Is That-have the taxing entities collected their taxes based on the square footage that was... Mr Williams: I'm sure, as diligent a they are In collecting taxes, that they have. But the answer is 1 realty-I've not checked that. If that's an Aem, we'll certainly work with the staff in that regard, Mr. Rishel. Thank you. Commissioner Engelbrecht: Any other questions? Mr. Williams, as I urdarsland A, you do plan to develop a restaurant there or some sort of...? Mr. Williams Not at the present time, j Commissioner Engetbrecht: Okay, Mr Williams. In fact, A would be difficult to develop a restaurant there and meet the parking requirements , if you put an additional 2,500 square feet of retail there, parking A at code at 5 per 1,000, you could get maybe another 2,500 square foot of retail, With the restaurant parking. 0 a restaurant went there, it woutd have to go substantially smatter because there's r,o other placo to find additional parking on site, And we recognize that. And that's not par of this request. Again, the request is specifically to recognize the two ex sing structures. Thank you for your time. Commissioner Engeibrecht: Is there anyone present to speak in favor of the petition? Anyone present to speak In favor of the petition? In that case, is there anyone present to speak In opposition to the petition? Anyone present to speak in opposition? As there Is no opposition. we'll waive the rebuftal. The public hearing is closed, Ms McElreath. any final staff comments" Ms McElreath A couple of d ar fications-1 did kook through the sheets that I ^of from our tax records, and it does not indicate what square footage Is being taxed right now. This property k..,urrently landscaped at 7.9%, which back In 1988 was about the maximum. It was 10%. Of oourre, todvys Is a little bit higher, but we are looking at whet was approw9d in 1988 Just wanted you to he aware of Ihat, 1 also wait4d you to be aware of the Michaers building that wis given a building permit at 17,985 square feet. I had said t was buih bigger than the building permit allowed And so 1 Just wanted to clarify that-21,038. So, A's a coup p of thouan J ter! over. You have a couple of options before you tonight. Staff ties recommended approval of this as submifled with one condition and 'hat was the standard lighting condition. Commission also has the right to add conditions. Staff did consider the condition of approving them as they are built rather than what they've asked for. They've asked rnr a little bit additional-41,200 square feet, It's a little bit more than what they've got en the ground right now, and that is for future expansion of retail, And the way they fguro that out Is they took their total parking and kind of backed into 8. r With 208 parking spaces, what Is the max lmum retail space they could use, and that a where they came out with f' the 41,200 Just to give you some background on that. Commissioner Engelbrech: Any questions for staff? I have one regarding the-sort of the trafRC out there, since we have this case here before us, and I had asked you about that. I didn't know H you had alerted Mr. Salmon or not. Okay. I wonder d someone might just address whether we are doing anything about traffic there along Colorado Boulevapd Now, I realize this is tho r' irlslmas season, but even so, there's beginning to be stacking all ?.3. i r Planning and Zoning Commission Minutes December 18, 1998 Y Page < of 5 L,e way past the entrance, stacking on Colorado. I guess eastbound, all the way fran Loop 288 past the entrance in o Target and the mall, and if that keeps up, thatil be to the entrance to their facility pretty soon as well. Are we eiing anything? And now, I realize also the Loop's going to be changed, snC I don't know whether that's going to have an Impact, but have we done anything to loots at that issue over there? Mr, Salmon: We have nothing In the current G' that would ad Sress this I would Imagine that once Loop 288 is widened by TxDGT, that that situation should be improved. I Y ,k In regards to this parliculw development, S Mink the key Is the existing driveway configuration was approved', 1988 under that ordinance. Since that time, we've had a revision In our traffic ordinances that would require o different type of tayoul for their entrance. We would require more stacking raw. In fact, they would probably have lo--R they came In today, they would probably have to have a completely different entrance-way configuration than they currently have. I donl know 9 I've really answered your question. I guess the answer to the question is 'no.' We haven't looked at this recently. We understand there's a problem there, and we know that the Improvement of Loop 288 in the near future will reduce the problem. But other than that no. We haven't looked at amthing specific. Commissioner Engetbrecht Ms. Gourd* Ms Gourdie, I was just wondering, Would they ever put curb cuts In the medians? That would help a whale lot instead of everyone-there's no curb cuts. It's just-you have to all there. I mean, you knew how usually-wall, I cant explain A. But there's no way to make a eft-hand to m without aiftirg in the middle of the road to make a left- hand turn-and that's oosmetio u that sure would help a lot to get people off she road so we could continue traffic moving, because we sit there waiting for people to turn ell and you just have to well So that might be an idea just for the future. Commissioner Engelbrechl. Yea, I would-yes, Mr. Moreno. Do you have a question? Mr Moreno: Yes, M we're through n'Jh the traffic, I have a question on the fighting. Commissioner Engetbrecht, Well, et me.--I would just like to ask with regard to the traffic, if we haven' studied that, I would ask staff to look seriously at that area now In terms of what we might do in the short run. I don't know y we can re-phase those tights or anything, but R was IRerely a mesa People Vying to turn let, right, in and out of Target and the melt and the traffic lined up walling for the light-nobody knew what to do. I mean, you oouldnl decide and R's four lanes, so they're trying to cross a bird lone and just numerous problems. That doesn't have anything to do with this petition, 1 don't think but R's In the area, and it seemed to be the appropriate bme to bring this parbcutar issue up, to me. Anything else, Okay. You have a question about lighting? ' Mr. Moreno: Yes, I guess a question for Ms. McElrealh. On the lighting condition, are they in compliance with this condition today or are they going to hove to fa R. Ms. McElnuoth I don't know that. Mr. Moreno. Don1 know that, Ma McElreath, We haven't done a study on the lighting out there Mr. Donaldson, That condition would be enforced through any subsequent building permits In the event-this whole exercise Is triggered by the question 'what would happen If this burned down.' So, In the event that 8 burned down and they wanted to replace R, then they would have to comply with that condition. Mr. Moreno. Well, R n burned down and they had to replace R, would that also be the appropriate time to look at turn lanes and other things at well. Mr. Dx oldson: I'm not sure that we would have that right. ' A Ms McElreath: Those things generally go with the plot, anll the property's been platted Commissioner Engetbrecht. Mr. Power. 14. r t~ I Planing and 2awrg Commission MinNp DeoeTkw 10, 1990 Pape 5 of 5 Mr. Powell: The lighting-1 thought I'd talk about the lighting a sec yd. O.es this mean they'll hove to change the lighting now? Is that what we're ssykq? Mr. Donaldson: No. No. Mr. Pcnvetl: Okay, That's rime. Mr. Ocwtaidson: In the event that there was a subsequent building 1 ermil... Mr, Pool: Okay Mr. Donaldson: ,..then they'd have to oompiy. Mr, Ponvelt: Second qu"0on. It appeared Eke they were as" foi one square rootage, and you're recommends g snot of square lbotape-tomothin0 less, Ms. McEkeath: Staff a recommendation was approval of ft 11,20( as pie applicant requested with the conditbn of the 5ghtnp put onto k. 1 merely pointed out the they were askkp fc r more then what was actually on the ground. Mr. Powell: Thank you very much. Ms. McEkeath: You're weloome. Ms. Oa uer. Yd Eke to make a motion. Commissioner Enoelbrecht Yes. Ms. Osruer: I move to recommend approval of Z•9" 5T as oultine d by stall. Ms. Apple: Second. CommUloner I ngelbrecht: Ws been moved and sscorded to tcommend approvat. Amy dixusebm on the motion? AM In favor, please rake your rght hand. Mot on carries wmmirr usfy. (T - 0) Pa2127FEeMINUTE3-Facarpp Wa" doc f l 20. G ~,.arou pwroaxcao. r~.ws~~•a~omwn r ATTACHMENT 3 a ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAIL PLAN FOR A PORTION OF PLANNED DEVELOPMENT (PD-6) ZONING DISTRICT CLASSIFICAT16N AND USE DESIGNATION BY INCREASING THE MAXIMUM BUILDIN'I SQUARE FOOTAGE ALLOWED N THE EXISTING DETAIL PLAN, BEND 3.24 ACRES OF LAND LOCATED ON THE EAST SIDE COLORADO BOULEVARD, APPROXIMATELY 525 FEET NORTH OF LOOP 288; PROVIDING FOR A PENALTY IN THE MPJt1MUM AMOUNT OF $2,000.00 I OR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Barry R. Knight, on behalf of Golden Triangle Joint Venture, has applied for a change in zoning for 3.24 acres of land to change the maximum allowed square footage on a detail plan in a portion of Planned Development (PD-6) zoning district classification and use designation; and WHEREAS, on December 16, 1998, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan and the 1S98 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 3.24 acre property described In the legal description attached hereto and incorporated herein as Exhibit A is amended by adopting a new detail plan as attached hereto and incorporated herein as Exhibit B which allows a maximum square footage of 41,200 within Planned Development (PD-6) toning district classification and use designation under the comprehensive zoning ordinance of the City of D:nion, Texas with the following additional condition: Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoiiing property or to shine and project upward to prevent diffusion into the night sky. i SECTION II, That the City's official zoning map' s amended to show the change in zoning district classification. SECTION III. That any person violating any provision of t,ds ordinance shall, upon i' conviction, be lined a sum not exceeding $2,000.00. Ea •h day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance lobe 21. C' i' .d10LWLI W.LDL..NYLO~e.+wa.i~vJ.tw01~YMC1 r, published twice in the Denton Record-Chroniele, g daily newspaper published In the City of Denton, Texas, within ten (I0) days of the date of its passage. SECTION V. That Planned Development b, as amended, shall remain In full force and effect, save and except as amended by this Ordinance. PASSED AND APPROVED this the day of , 1999. ; JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I BY:~I~ +.1( fj ,22.; i kill I Description 3.2373 Acres of Land Golden Trion 91elMichool's Addition City of Denton Denton County, Texas BEING all of LOT 10 BLOCK 1 OF GOLDEN TRIANGLE/MICHAEL'S ADDITION, an Addition to the City of Denton, Texas according to the plat thereof recorded in Cabinet F at Page 357 of the Plat Records of Denton County, Texas, and being mor• particularly described as follows; BEGINNING at the Northwesterly corner of Lot 1, Block 1 of the Target Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof f recorded in cabinet "B", Page 263 of the Map Records of Denton County, Texas; said point being in the Westerly right-of-w:y line of the Missouri, Kansas d, Texas Railroad (M.K.3 T. R.R.); THENCE South 47' 55' West along the Northerly line of sold Target Addition, a distance of 76.00 feet to a "P.K." nail for corner; THENCE South 19' 36' East and continuing along the northerly fine of said Target Addition, a distance of 31.39 feet to a "P.K." nail for corner; THENCE South 47' 65' West and following the Northerly line of said Target Addition, a distance of 314.12 feet to a "P.K." nail for corner; THENCE North 89' 28' 04" West and the Northerly line of said Target Addition, a . distance of 56.67 feet to a "P.K." nail for corner In the Easterly right-of-way line of Colorado Boulevard (a 100.00 foot right-of-way), and the beginning of a curve to the left having a central angle of 350 02'01 " and a radius of 700.0 foot, with a chord bearing of North 17' 09'06" West and a chord distance of 425.26; THENCE along said curve to left a distance of 432.09 feet to a point for comer In the Southeasterly line of Carpet Max Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet "D", Page 221 of the Map Records of Denton County, Texas; THENCE North 47' 86' East and following the Southeasterly line of said Carpet Max , Additic n, a distance of 2(,4.56 foot to a point for corner in the aforesaid Westerly right-of-way line of the M.K.& T. R.R., 27. 0 c I THENCE South 42.06' East and following the Westerly right-of-way line of said MX& T. R.R. a distance of 396.0 feet to the PLACE OF BEGINNING AND CONTAINING 3.2373 ACRES OF LAND. I i 3 Description Prepared November U, 1998 From Surveys. By: OF rF ~N David Pa1Rsgistered Professional ,,,DAVID„go,TREE, Land Surveyor No. 1890 (9 ~oSU9FN~y~Q, l i i I 24. y .a t F~ ' ,.F1,1 I T~TTiTI1TIT 7177-'* 'y \ :aRS•c~ new ~ t + ~ - - - - ~ i ~ 1GrtCO ro G . a ~ ` ` c \ 1 ~ t A"'~ A ♦ tONEb roe- Iq/!! M\ ` t rdV rr I MANI. to~tn roo `I` \ 07 /i I b ' ,I Al l11 ,•M .q Y J' Imo,.. ~1~_`. t~. ~ I h~~~ 1 r • ~ M...a Z 4ti r . 00 DETAIL PLAN `'~'d; •.r,r.. ....tl,.w.um.Ynn} (I . Imw.r.., D} it aaemootMatnuNOtv.orMlv[M~uw aa. LANCBCAMNO 111 d Yna ru - ` ' 1 LAND AREA ~Eun M1 -141,011M JAR 171 MICNAEt{ BLOO, AREA . .18000 90 can al 1!200 at t r I !I 11200 V. L'.~."'~': REIAIL LEASE MIA-.- ..1WO BS can at R ESTAURAW LE ASE APYA,.._{A00 '.BQ tM 01 b\Ol)LL. ~....r 4`1 v ...w lYww wt. w... g{{o SOS RED'D wuRi1'..uluw• t.... 101 {Nd'MN 1 l rr r i 1 t 1 ' . Aganda Items 7 J AGENDA INFORMATION SHEET Gate ~Z AGENDA DATE: JANUARY 19,1999 DEPARTMENT: Engineering&Transportallon CM/DC:M/AC'M: Rick Sveh4 Deputy City Manow1p imff", CONSIDER AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JOHN C. JOHNSON AND DORIS BEAN JOHNSON, RELATING TO THE PURCHASE OF 0.029 ACRE OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL. 54 & 55); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. DACKGF.OUND: John C. Johnson and Doris Bean Johnson have signed a Real Estate Contract for the required right of way for the U.S. Highway 77 Widening Project. The two propertles are known as 2204 & 2202 N. Elm. 1'e contract amount of S1,616.00 represents the fair market value as determined by on Independent appraiser and reviewed by a separate appraiser for conformity and as required by the Texss Depar innat Of Transportati.1n (7:C. D.O.T.) Ifhc Appraiser and Review Appraiser services were approved by the City Council in 1997 (Professional Servicts Contracts). r RECOMMENDATIONS: Staff mcommends approval of the Red Estate Contract between the City Of Denton gad John C. Johnson and Doris Bean Johnson for the purchase of 0.029 acres of land for the U.S. Highway 77 Right of Way Acquisition Project. PRIOR ACEION/RF;VIF:W lC'ouncil. Boards.Commiaxionsl: The Planning & Zoning Commission recommended approval on July 23,1997. FISCAL, INFORMATION: The purchase price Is $1,616.40 plus closing cost of approximately $,'500.00. r A~ ~ r Y i b A I I Attached Respectfully submitted: I Je hark, irector Pre ared by: Engineering & Transportation mytdlonot~ Paul Williamson Right-of-Way Agent i i A i A f 2 C If l~. cz~ J ,1 _ i 1 w .yam.. ~ ~ w + As r, i , LOCATION MAP 3 i k [7:SFERGUSUN uvfty JOHN C. JOHNbun, vrlr c, NIFESUSAN P. OGILVY DORIS BEAN JOHNSON 156`1 PG. VOL. PG. % S..FF- . OR 0.006 AC. 1164 S.F. OR 0.027 AC. LINWOOD JOHN & WIFE, EULA 0.234 AC. REM. 1 0.326 AC. VOL. PG. 1108 ST OR ~ J. L. MERCER ADDITION REM, . 0,242 --a t1O SA• RA FIIC cm I BLOCK 1 T LOT s LOT s I I L;~ I cc) AC. - W OI ~ x ~ I N W x I Vol ,Vol f - 61 r ~ ~ iv I U I 5 55 I N:o ~ SEE I ; 56 a ` ^ OETMI E' OVA , To In'IR T65 ~i C35 CJ9 I .91 Q3.0 4 RIGHT E t 34 SETS fSA'IR I S•LASA 11 OEM % y 1~lk52 i S'e NTERLNE CURVE ' - ORNA ON R 11459.16' ..o a of 62'34" ow ~ S7Q2443'24" W, rO II_ C 37 .22 SITE N" 4 i Planning and Zoning Minutes July 23, 1997 - Page 2 Ms. Schertz: Are there any other nominations? If there are none, nomlusttions are closed. We will vote on the nomtne~--; in the order of their nomination. I will list their name and then after I am through if you will raise your right hand if you are in favor. As many as are in favor of Jim Engelbrecht please raise your right band. (Vote - 3) As many as are in favor of Etlcr Schertz please raise your right hand. (Vote - 4) The new Chair persoa by majority is Eisen Schertz. 7%ank you. For the second nominee we will be electing Via-Chair person. The floor is open. Ms. Apple: I would like to nominate Bob Powell. Ms. Schertz: Are there any further nominations? Mr. Moreno: I would nominate Jim Engelbrecht. Ms. Schertz: Are there any further nominations? Seeing none, nominations are closed. As many as are in favor of Bob Powell, please raise your right hand. (Vote - 4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell. Congratulations. RL Consider approval of the minutes of the July 9, 1997 meeting. Ms. Schertz: Are there any corrections? Seeing none, the minutes wilt stand approved as written. IV. Consider making recommendation to be City Council for the acquisition of the Right-of= Way for U.S. 377 from F.M. 2164 to I-35. Mr. Powell: That's not 377 but is 77. , Ms. Schertz: You are correct. Let the minutes reflect that. Mr. Powell. I would move that we recommend to the City Council th- acquisition of Right-of-Way for US 77 from FM 2164 to 1-35. Ms. Gamer: Second. Ms. Schenz: Is there any discussion? All In favor, please raise your right band. Motion passes. (7-0) V. Consider making recommendation to the City Council for the acquisition of the Right-of- Way for Lakeview Boulevard. A , Mr. Powell: i move that we make recommendation to the City Council for the acquisition of the Right-of-Way for Lakeview Boulevard. d .Mr. EngeIbrechl: Second. 5 f 1• 1 I o. pr~raruMfrwJre wl.fr ~ ~ i ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JOHN C. JOHNSON AND DORIS BEAN JOHNSON, RELATING TO THE P1IRCIIASE OF 0.029 ACRES OF LAND FOR THE EXPANSION OF U. S. IUGHWAY 77 (PARCELS 54 AND SS); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE E COUNCIL OF TI IE CITY OF DENTON, TEXAS HEREBY ORDAINS: i $J',CTION I, That the City Manager is hereby authorized to execute a Real Estate Contract between the City and John C. Johnson and Doris Bean Johnson, in substantially the form of the Real Fstate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of G.029 acres of land for the expansion of U. S. Highway 77 (Parcels 54 and 55). That the City Manager is authoHzed to make the expenditures as set forth in the attached Real Estate Contract. 5LCTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of • 1999. LACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: - - APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i BY: 6 1 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF ~MON THIS CONTRACT OF SALE is made by and between JOHN C. JOHNSON &M DORIS HEM JOHNSON (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land 1escribed in Exhibit "A" attached with all j rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"1, togather with any improvements, fixtures, and personal property si•.uated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within th,e property described in Exhibit "A". Any improvements not removed by January 1, 1999 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of pur,:hase Price. The purchase price for the Property shall ba the sum of $1,616. 2. payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS } The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of at,,-.h of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. y I. Prelim nary Title Report. Within twenty (20) days after the date hereof, Seller, at Seller's sole coat and expenee, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment Ithe "Commitment") accompanied by copies of all recorded docuV enta relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do sa within ten (101 days after receipt of written notice, this Agreement shall thereupon be null and void for all purposeal otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survev. Purchaser may, at Purchaser's sole coot and expense, obtain a current survey of the Property, prepared by a duly licensed Texa3 land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller w:itten notice of this fact. Seller shall, at Seller's option, promptly undertako to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten 110) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow ~t Deposit shall be returned by the Title company to Purchaser. Purchaser's failure to give Seiler this written notice shall be AE EO MT pAnE 8 tc. 3 deemed to be Purchaser's acceptance of the survey. 3. Seller's Cogliance. Seller shall have performed, ob- served, and complied with all of the covenants, agre•mentn, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing dates 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the beet knowledge and belief of Seller is any ouch proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 9. To the beat of the seller's knowledge, there are no toxic , or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by thsi Resouzce Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compenaation and Liatility Act (CERCIA), as amended. CLOSING The closing shall be held at the office of Dentex Title Company on or before March 31, 1999, or at such title company, time, date, and place as Seller and Purchaser may mutually agree ii•~ upon (which date is herein referred to as the "closing date"), e CLOSING REQUIREMENTS AEEOOAF& PA06 1 9 i l I i I 1. Seller's Ream ementa. At the closing Seller shalli A. Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed and acknowledged Deed in the form as attached hereto as Exhibit "B" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the followings 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Oblilationg here- oft and 3. Any exceptions approved by Purchaser in writing. 9. Deliver to Purchaser a Texas Owner'e Policy of Title j insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company"), or such title company as Sailer and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in closing Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, howevers 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchasers 2. The exception as to restrictive cove• ! t r~r nants shall be endorsed "None of Record"; 3. The exception for taxes shall be K ASEOOM PAGE 4 10 i t. { +w limited to the year of closing and shall be endorsed "Not Yet Due and Payable" I and 4. The oxception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing, 7, Purchaser'■ Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at closing in immediately available funds. 3. Closing Costa, Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller. REAL ESTATE COMMISSION All obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. 111 J I 1 BREACH BY SELLER , In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the gale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIOATiONS hiving been satisfied and Purchaser being in default Seller may either enforce specific lit performance of this Agreement, or terminate this Agreement by A~ r written notice delivered to purchaser. MISCELLANEOUS AH008PS PAGE S 11 00111 c c 1. Assignment of Agreement. This Agreement may be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepsid, certified mail, return receipt requested, addressed to Sells: or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Tomas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. I 5, Parties Bound, This Agreement shall be binding up~+n and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Leaal construction. In ease any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements_AunereedeA. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. e. Time of l,sannco. Time is of the essenc^ in this Agreement. 1 3. GendeY. Words of any gender used in this Agreement shall fJ\ be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice AEE006F6 PA06 6 12 versa, unless the context requires otherwise. 10. MamorAndum of Contract. Upon request of either part y# both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. comoliance, In accordance with "he requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furniched with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. ! 12, Time Limit, In the event a fully executed copy of this Agreement has i.,,t been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- lex, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. ! DATED this day of , 1999. SELLER PURCHASER THE CITY OF DENTONs TEXAS BYi JOHN C. JOHNSON Michael W. Jet City Manager 215 E. McKinney Denton, Texas 76201 DORIS BEAN JOHNSON ABSOCIFB PADS 7 13 • I c~ I I I STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of_ 1999 by Michael W. Jez, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executett the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of f~fd[,.,bc~ , 199L by John C. Johnson and Doria Bean Johnson. ' CAAWN F WALDIA'a +-y ' • . NOTARY PUSLIC Notary Pu lic in ■nd forte STATE OF TEXAS the State of Texas Mp Comm Esc OS-Ji4001 r r '6r, r., r C{ ARROWS PAOS a 14 4 t• V EXHIBIT 'A' w County Canton Pape 1 of 1 Highway U.S. 77 Pruett Limits; From LH. 35 Rev. October 6, 1094 To SL,4~38lt CSJ: 0195.02• Account: FIELD NOTES FOR PARCEL BEINO A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO JOHN C, JOHNSON A110 WIFE, DORIS BEAN JOHNSON, RECORDED IN VOLUME 1408, PAGE 42, OECD RECORDS OF DENTON COUNTY, TEXAS IORDcri, AND BEING A PART OF LOT 6, BLOCK 1 OF J.L. MERCER ADDITION AS RECORDED IN VOLUME 142, PAGE 301, ORDCT, AND BEING SITUATED IN THE N,H. MEISENHEIMER SURVEY, ADSTRACT NO. 811, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEINO MORE PARTICULARLY DESCRIBEO AS FOLLOWS: COMMENCING for reference at a found 5(8-inch Iron rod for the southeast corner of sold Johnson tract and the northeast corner of a tract of land conveyed to John C. Johnson, recorded In Volume 1836, Pape 899, DRDCT; THENCE N 87' 10' 21' W, along the South property, line of said north , ohnson tract and the north property Una of said south Johnson tract, a distance of 160.11 foot to a set 5184nch Iron rod with an aluminum cop, being the POINT OF BEGINNING, tame being a point on the new @sat right of way line of U,S, 77; 111 THENCE N 87' 10' 21' W, along the south fine of sold north Johnson Viet, s distance of 14,22 feet to a point, being the southwest corner of said north Johnson tract, same being a point an the existing fait slght of way line of U.S. 77; 121 THENCE N 030 49' 29' E, along a tine common to sold nonh Johnson tract and existing outright of way line of U.S. 77, • distance of 86.88 fast to a point, beinp the northwest corner of ssld north Johnson tract; ' l31 THENCE S 880 29' 07' E. along the north rime of said north Johnson tract, a distance of 12,72 feet to a sat 5(8dnch Iron rod with an aluminum cap, being a point on the now test right of way line of U.S. 77 and said point bolnp in a nen•lsngent circular curve to Me left, having a radius of 11429,16 feet; (4) THENCE southwesterly, alone the now esstright of way line of U.S. 77 and said curve to the left, through a delta angle of 000 26' 090, in are distance of 86.95 feet, and having a chord which bears S 02' 49' 42' W. s dln;k s of 86.95 feet to the POINT OF BEGINNING, grid containing 0.027 acre, or 1,184 square feet of find, more w less. F ~:r'-':i^~ . a.~`:~„tr-c i ,l 1•r' F6'kA - °j"~-• t ~ r ` r.: John F. Wilder, A.P.L.S. JOM; l ; '~lILfS'cR S Date Texas No. 4285 `i" 'u ti r •~,u -074e a SLi~iS~~,Q ' 15 614 Wev t EXHIBIT 'Ad County gl= Highway U .S. 7 7 Pepe 1 of 1 S. Project Limits From U1 BBD Rev. October 27, 1004 To 9 CSJ: 01lii Account/ FIELD NOTES FOR PARCEL 511 A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO JOHN C. JOHNSON, RECORDED IN VOLUME 1038, PAGE 899, DEED RECORDS OF DENTON COUNTY, TEXAS IDRDCT6 AND BEING A PART OF LOT 5, BLOCK I OF THE J,L, MERCER AOOITiON AS RECORDED IN VOLUME 142, PAGE 301, DRDCT, AND BEING SITUATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT NO, 811, CITY OF DENTON, DENTON COUNTY, TEXA!:, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reforencs at it found 6/8-inch kon rod for the moinhamst comer of sold Johnson Viet, and the southeast comer of a tract of land conveyed to John C. Johnson and wife, Doris Bean Johnson, recorded kt Volume 1406, Pape 42, OROCTI THENCE N 87' 10' 21' W, along a line common to sstdnorth Johnson tract and south Johnson tra L a distance of 160,11 feet to a set 518-inch Iron rod with in aluminum rep being the POINT OF BEGINNING, some being a paint on the new east right of way line of U.S. 77, and being in a non•Ungsnt circular curve to the left, having i a radius of 11429,18 feet/ 01 THENCE southwesterly, along the now east right of way line of U.S, 77 and sold curve to the left, through a delta angie of 000 20' 04', an are dhtsna of 66,72 foot and having a chord which bars S 02 a 26' 35' W, a distance of 88.72 feet to a set 618•ktch kon red with on stuntlnum tap, said point being on the south line of amid south Johnson tract and north II of a tract of fond conveyed to Unwood John Roberson and wlfe, Euts Be6 Roberson, recorded In Volume 788, Pogo 380, DRDCT; 121 THENCE N 870 23' 12' W, along a One common to said mouth Johnson tract and Roberson tract, e distance of 2.46 feet to a point, being the southwest comer of said south Johnson tract and said point being N the existing sad tight of way line of U.S. 77; 131 THENCE N 036 49' 29' E, along a line common to said south Johnson tract and existing east right of way line of U.S. 77, a diatancs of 8813 fat to a found 618-huh kon rod, being the northwest earner of said south Johnson tract, sold point being on the south tine of amid north ` Jo;-nson tract; 141 THENCE $ 871 10' 21' E. siolo a fine common to sold south Johnson tract and north ..Moon tract, a distance of 0.84 fat the POINT OF BEGINNINO, and containing 0,04: act. or 108 lQuire feet of land, more or less. John F. Wilder Iii ii . b,l, a „„~q~uC♦1 Dote Tien No. 4286 i . , U f eNrr,~ev t6 G c~ Taxes Deperrannrof Tnarparrnion SknlalI IT, Pone D-IS•14 % rise I *(J Rer. 9/91 DEED TEM STATB OF TEXAS COUNTYOF KNOW ALL MEN RY THESE PRESENTSt 77&t, of the County of , Stare of Testes, henlaalker rakrred to as Orantors, whether one or more, for and in eoruiderstion of tine sum of Duna" )!oar antort' in hand paid by the State of Tetras, actin by and throe the Texas Transportation Commission, receipt of which is hereby sclasowledged, and far which no lien fs retained, either expnasM or Implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that amain tractor parcel of rand fn County, Texas, more particularly described In Ex- hibit 11 1 A, wlilch is anached hereto and Incorporated herein for any and all purpores. SAYE and EXCEPT, HOWEVER. it Is expressly understood and agreed that Grantors are retaining ride to the Icllowing improvements )ocaeed on the property described in said Exhibit "A," to wit: f Orantors covenant and agree to remove the above-described Improvements from Bald land by the day of 1419,...r , subject, however, to such extensions of time ar myy be granted by the Stare in writing; and it, for any mason, Cranrors fail or refuse to remove rune within said period of time prescribed, then, wbbmt any further consideration, the title to all or any psis of such Improvements not to removed shall pass to and vest in the Stara of texas forever. Orantors reaeive all of the oil, gas and sulphur in and tender the land N-rela conveyed but waive all rights 01 1! and egress to the surface thereof for the purpost of exploring, developing. minting or driillng for same; however, nothing In this reeervatiott shall afkct the tide and rights of the State to take and use all I other rninerai< and materials thereon, therein and thereunder. I 17 t Tout Depam mi of Traaeptrtmtion Foam D-ISd4 a Pry1I n!S Rar. 9x91 TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singniar the ra'atlis and appu tenances thereto in any wise belonging unto the Suit of Texu and to us1gru forever; and rantors do hereby bind ourselves, our heirs, executors, administrators, successors and as- signs to Warrant and Forever Defend all and singulu the said promises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfWly claiming or to claim the sure or any part thereof. IN WITNESS WHEREOF, this instnitnent is executed on this the day of /4#IJR••ff#41f4N•1144t/♦f11441tf J11111M11#411#J#•/q#JJJ11111! N111#111!/JRffHIfJ ACKNOWLEDGMENT THE STATE OF TEXAS, i COUNTY OF BEFORE ME, the undcnljned, a Notary Public, on this day personify sWutd known to me (or proved to me on the nub of a creebbla whores,) to be the persoofit whose oame(s) It (am) subscribed to the forejoint (oehnorerrt sod acknowledjed tom thm bebbeltbey exemW the sane rot the purposes and consideradoo therein expressed. GIVEN UNDER MY }LAND AND SEAL OF OFFICE, We day of l9_. NOA0 Pubde, Seta of Tasae My Ccnwdm en esgter W dw day of 1N1HJ1JN1111akaH#11IRt1441114aa1114#11111111111#11bIMJ41f1#1##14tRIJN#111 tfJ1 THE STATE OF TEXAS, CORPORATE ACKNOWUDOMENT COUNTY OF J BEFORE ME, the uodersijned, a Notary public, on this do- *eesanlly appeared of known to me to be the persoo and officer whom same b tobscribed to the tore join j Instillment and aekttowtsdjed to me dw the same was the ad of the said , a edipondoo, that be/abe was duly audrorited io perform the sure by appeopelae traoludoe of the board of directors of such corpmatloa sod that beAle executed the sane a the ad of sac b corpusdoa fee the piupo,let and confidersdon therein expressed, mod to the upmty r therein misted. k OWEN UNDER MY HAND AND SPAL ON OFFICE, dds day of 19 (f',- n twiny Niiha, furR at Tex" My C,aamlmko iWirea on me day of , 19.._, . le t T~xai thpuenaW o!'lSagoAria~ Form 0.13.14 4 Pop Jot J Rov. 4141 After recordinj place reign IWe loelran►ml t°: I If I ~ !1 CSRTIFJCATE OF RECORDINO 4 THE 9TATE OF TEXAS, ~ COUNTY OF i 19 i AGENDA INs+OI NIATION SOVET 03 AGENDA DATE- January 19, 1999 MAR` NIM: Planning Department y~- DC%. _ Rick Svehla 349.7715 Sil1BJEC1 Memorandum of agreement w{th City of CcHntlt Consider approval of u Resolution authorizing the Mayor to sign a Nlemorandum of Agreement (Agreement) with the City of Cot{ th v mutually disannex and then proceed to annex certain properly along the joint Denton Ahd`ortith city boundary, BACKGROUND Exchange or I,gnd. 7 he proposed Agreement lays out the parameters for an exchange of land between the cities of Denton and Corinth along the existing shard boundary north of Robinson Road and west of State School Road. I Single Family Subdlvlsion, 1 he areas involved are currently under common ownership and are S intended to be platted into the same single-family residential subdivision, With the exchange of land all addresses on the street closest to and parallel to State School Road will be in Corinth. All other addresses will be in Denton. Tc Lhe east, acro;s State School Road, all area is within Corinth. The proposed exchange of land assists in easily determining street addressing and street maintenance issues. Utility Lryout. The streets of the subdivision have been laid out to respect the topography of the land, The Street closest to paral!cl to State School Road is capable of gravity flowing its sewer system to the Corinth system, the balance of the subdivision Is capable of taking its sewer system into the Denton system. The proposed exchange of lands cases the prevision of sewer srniccr. ! OPTIONS • Not exchanging land, Keeping the boundary helwam Denton and Corinth in its current configuration will make more difficult the provision of utilities and create a confusing deli ication with regard to street addresses and the provision of street maintenance and emergency services. ~ A • Ail pj Subdivision to Denton. It could be argded that all of the subdivislon should be in f`.1 r Denton because State School Road is a more natural boundary between the two cities. However, such a configuration would require a lift station to flow sewer service into Denton's system. In addition, the issue of equity between Donlon and Corinth would also become an issue. , 1 1 i I I RECOAIDIENDATION Staff recommends approval, finding that: The proposed exchange of land simplifies stree Adressing and maintenance issues within the subdivision; s The proposed exchange of land allows th t most efficient provision of sewer services; and • The proposed exchange of land provides substantial equal fiscal impacts for the two cities. j I PRIOR ACTION /REVIEW (Council. Ho ards.Commissionsl The Planning and Zoning Commission will Issue recommendations as the exchange of fend moves through the annexation process. FISCAL INFORMATION The proposed exchange of land as nearly as possible equates the fiscal impacts to Denton and Corinth so that there Is substantial equity. A'TTACHMEN TS 1. Draft Resolution. 2. Drell Memodandum of Agreement. 3. Le"tion Map. 4. Site Map. R fully submitt i D 'ill I irector of Planning and Development Prepared by: Mark Donaldson Assistani Director, Planning and Development P 2. c. t I r. 1 I ATTACHMENT I RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE MAYOR 10 ENTER INTO A MEMORANDUM OF AGREEMENT WITH CITY OF CORINTH TO MUTUALLY DISANNEX AND THEN PROCEED TO ANNEX CERTAIN PROPERTY ALONG THE JOINT DENTON AND CORINTH CITY BOUNDARY. WHEREAS, pursuant to Section 43.021 of the Texas Local Government Code, home rule cities are authorized to fix their boundaries and exchange areas with other municipalities; and WHEREAS, the developers of Oakmont Estates would like to adjust the boundary between the City of Denton and the City of Corinth In order to prevent the splitting of lots within their development between the two cities; and WHEREAS, City of Denton also believe the adjustment of the boundary will improve the delivery of services to the citizens In this area; and WHEREAS, the change in boundaries must be facilitated by the release of certain property by both the City of Corinth and the City of Denton and then annexing the property released by the other city; and WHEREAS, the City of Denton and City of Corinth will formalize the actions needed to be taken through a Memorandum of Agreement; and WHEREAS, the change of boundary will promote orderly development in the area and protect the general health, safety, and welfare of persons residing in and adjacent to the municipalities; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; SECTION I. That the recitals as stata: 4,ove are hereby found and determined to be true and correct. SECTION I[.'t rt thi Mayor is hereby authorized to sign a Memorandum of Agreement with the City of Coring. s,,, lantlilly In the form at set out in Exhibit A, setting out the acts to be performed in order to accommodate the change in boundaries between the two cities. SETCTION llt. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the _ day of _ 19519. r r i+I,` r. JACK MILLER, MAYOR ' f I c~ cf ATTEST, JENNIFER WALTERS, CITY SECRETARY s BY: APPROVED AS TO LEGAL FORM: HERB PROUTY, CITY ATTORNEY BY: / r 4, 4 u ATTACHM OT 2 i STATE OF TEXAS § COUNTY OF DENTON § MEv)-ORANDUM OF AGREEMENT This Memorandum of Agreement ("Agreement") is entered into as of the day of 1998, between the City of Denton. Texas ("Denton"), a Texas home rule municipality and the City of Corinth, Texas ("Corinth"), a ` city organized under the general laws of the State of Texas, and is to witness the following: WHEREAS, Denton and Corinth are adjacent municipalities which desire to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width ; and WHEREAS, it appears that the existing city limits lines between Denton and Corinth bisect a number of resldential lots in a subdivision of Denton County known as Oakmont 11; and WHEREAS, it is the desire of Denton and Corinth to disannex and annex the tracts described herein to establish a joint city limits line between the two cities that would not split any lots in the Oakmont It subc'lvislon and would basically run along property lines as shown by the maps attached hereto as an exhibit; and WHEREAS, the owner of Oakmont 11 has expressed its intent to tl,e governing bodies of both cities that such needed edinst,nent would be beneficial to the development of the subdivision and generally to the economic well-being of both cities; and WHEREAS. both Denton and Corinth deem such agreement to be beneficial to the public interest and to enhance the future growth and development of both cities; Now, The xa, In considcradotr of the premises and of the agreements contained herein, Denton and Corinth agree as follows: L DISANNEXATION AN12 RELEASE. OF E.XTRATERIUTORIAL &RISDICTION JM Denton agrees that it will disannex and walve extraterritorial jurisdiction over the 2.107 acre tract of land desa~bed in Exhibit "A", attached hereto and made pan hereo; for all purposes, in the manner provided by Chapter 43 of the 'texas Local Government Code and the Denton City Charter. S . 19351 t r 102 Corinth agrees that it will disanneK and waive extraterritorial jurisdiction over tracts of 1.469 acres and 0,83 acres respectively, described in Exhibits "B" and "C", attached hereto and made part hereof for all purposes, in the rianner provided by Chapter 43 of the Texas Local Government Code. 1.01 Upon the disannexation and waiver of extraterritorial jurisdiction by Denton and Corinth as provided in Sections 1.01 and 1.02 above, the boundmies of Denton and Corinth shall be adjusted accordingly, subject to the annexation actions by each contemplated in Section 11. It. ANNEXATIONS Corinth agrees that it will proceed in the manner authorized by law to annex the property described in Exhibit "A Denton agrees that it will proceed in the manner provided by law to annex the property described in Exhibits "B" and "C". The parties understand and agree that the existing city limits and the proposed city limits are fairly and accurately depicted on the annexation exhibit prepared by USA Professional Services Group, Inc,, dated May, 1999, attached hereto as Exhibit "D" and made part hereof for all purposes. Ill, ZONING AND PLATS Both cities recognize that all property that is subject to this Agreement may carry temporary zoning classifications under the applicable ordinance and be subject to the platting requirements of the city which will annex such property, The parties understand that the Oakmont subdivision is basically the some in both cities and the appropriate zoning and platting requirements should not change the current status or the development. IV, CHARACTER OF AGREEMENT BREACI{ The parties agree that this Agreement Is entered into only for the disannexation and annexation of the tracts described herein and is not an Interlocai cooperation w agreement for the joint performance of any services by the parties. Failure of either City to perform the terns of this Agreement shall constitute a breach hereof, and the aggrieved City may file suit in a court of competent of jurisdiction to enforce the provisions of this Agreement, including recovery of court costs and attorney's fees. i i 6. 193J5 P R-. V. PERFO AJ The parties agree that the legislative acts to be performed hereunder will be coordinated between them so as to be performed simultaneously or as close thereto as possible, consistent with applicable law. Vl. SEVERABILIT If any provision of this Agreement Is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining provisions of this Agreement shall not be affected and shall remain in full force and effect. In witness whereof, Denton and Corinth, acting under the authority of their respective governing bodies, have caused this Agreement to be executed in duplicate originals as of the date first written above. CITY OF DENTON, TEXAS CITY OF CORINTH, TEXAS BY: BY: MAYOR MAYOR ATTEST: ATTEST: CITY SECRETARY CITY SECRETARY r APPROVED AS TO FORM: APPROVED AS TO FORM: 1. CITY ATTORNEY • 1i P~.,,t.j CITY ATTORNEY (rldlsb 11.17-98) F Y iq)7) i . t (1 i Exhibit "A" DEANNEXATION FROM THE CITY OF DENTON, TEXAS 91,797 Square Feet or 2.107 Acres May, 1996 BEING a tract or parcel of land situated In the Stephen Hembree Survey, Abstract Number 843, In the City of Denton, Denton County, Texas, and being part of a tract of land conveyed to Lennox Oaks II, L.P. by Dead recorded In the Real Property Records of Denton County, Texas, Denton County Clerk's File Number _ and being more particularly described as follows; COMMENCING at a point at ft Intersection of the East line of State School Road (a 60 toot wide right-of-way) with the South fine of Hidden Oaks (a 75 foot wide rightof-way), said point also being the Northwest oomer of Lot 20, Block 12 of Oakmont Estates - Section One as recorded In Cabinet F, Page 38 of the Map Records of Denton County, Texas; THENCE South 15'44'0] East along the East line of said State School Road, a distance of 144.28 feet to a point for comer; THENCE South 74'i6'00' West departing the East line of said State School Road, a distance of 344.00 feet to the POINT OF BEGINNING; THENCE North 15444'00' West a distance of 725.15 feet to a point for corner; THENCE North 87601'55' East a distance of 119,97 feet to a point for comer; THENCE North 5963113' Eas; a distance of 61.43 feet to a point for comer; THENCE North 74116'00" East a distance of 82,70 feet to a point for comer, THENCE South 04412'20' West a distance of 759,83 test to the POINT OF BEGINNING and containing 91,797 square feet or 2.107 acres of land, more or less. <Ai, r; r: tt . 1 G 1 Exhibit "B" ANNEXATION TO THE CITY OF DENTON, TEXAS $4,06 square Feet or 1.469 Acne May, 1"8 BEING a tract or parcel of land situated in the Levi Young Survey, Abstract Number 1451, In the City of Denton, Denton County, Texas, and being part of a tract of land conveyed to Lennox Oaks 11, L.P. by Deed recorded In the Real Property Records of Denton County, Texas, Denton County Clerk's File Number, { and being more particularly described as follows: COMMENCING at a point at the Intersection of the East line of State School Road (a 60 foot wide right-ofwey) with the South line of Hidden Oaks (a 75 foot wide r(ght-of-way), said point also being the Northwest comer of Lot 20, Bkx* 12 of Oakmont Estates - Section One as recorded in Cabinet F, Page 38 of the Map Records of Denton County, Texas; { THENCE: South 15'44'00" East along the East Ilne of said State School Road, a distance of 144.28 feet to a point for comer; THENCE South 74418'00' West departing the East line of said State School Road, a distance of 344.00 feet to the POINT OF BEGINNING; THENCE South 15444'00' East a distance of 387.85 feet 1o a point for comer; J THENCE South 38124'50" East a distance of 84,72 feet to a point for ewer, 1 1111{ THENCE South 08429'39' East a distance of 57.89 feet to a point for corner, THENCE South 5103510' West a distance of 274.93 feet to a point for corner; THENCE North 04112'20' East a distance of 889.38 feet to the POINT OF ~ BEGINNING and containing 84,006 square feet or 1.489 was of land, more or less. i F'I I \ r' r~ . t i Exhibit 110 t, ANNEXATION TO THE CITY OF DENTONs TEXAS 3,418 Square Feet or. 083 Acres May, 14198 I BEING a tract or parcel of land situated in the Levi Young Survey, Abstract Number 1451, In the City of Denton, Denton County, Texas, and being part of a tract of land conveyed to Lennox Oaks II, L.P. by Dead recorded in the Real Property Records of Denton County, Texas, Denton County Clerk's File Number. , and being more particularly described as follows: COMMENCING at a point at the Intersection of the East fine of State School Road (a 60 foot wide right-of-way) with the South line of Bidden Oaks (a 75 foot wide right-of-way), sold point also being the Northwest caner of Lot 20, Block 12 of Oakmont Estates - Section One as recorded In Cabinet F, Page 38 of the Map Records of Denton County, Texas; THENCE South 74.18'00' West a distance of 60.00 feet to a point for comer in the West line of said State School Road; THENCE North 15.44'00' Wool along the West line of said State School Road, a distance of 150.06 feet to a point for comer; THENCE North 11.47'00' West continuing along the West line of said State Road, a distance of 345.77 feet to the POINT OF BEGINNING; THENCE South 74416'00" West departing the West line of sold Stole School Road, a distance of 46.70 feet to a point for comer, THENCE North 04012'20" East a distance of 121.30 feet to a point for comer, THENCE North 87.01'55' East a distance of 15.36 feet to a point for comer in the West line of said Slate School Road; THENCE South 11'47'00' East along the West line of said State School Road, a distance of 110.90 feet to the POINT OF BEGINNING and containing 3,618 square feel or 0,083 acres of land, more or leas. r 10. a I (1 ATTACHMENT 3 LOCATION MAP Exchange of Lend with Corirfth , le stY Dodo aae.. r~ t\ ~ r r . SITE . RoYMM e y b - , "p.. • • Current City Boundary w 11 .1 , I` c 1 u ATTACHMENT rl 4 - ~ III 1 t. l t k ,I Av:~ .-AIL II •E ~ r--- i ~ ' ~~2 t i i i •i AGENDA INFORMATION SHEET ApaodaNo + /.penile Aem_1 4 bats AGENDA DATE: January 19, 1999 DEPARTMENT: Planning Department DCNI; Rick Svehla, 349.77ISAP Consider adoption of an ordinance providing for the renaming of Willow Springs Drive to Teasley Lane from Dallas Drive to its northern terminus. (The Planning and Zoning Commission recommends approval, 6 -1) BACKGROUND Petition from Land Ot♦ners. City staff received & petition in January 1998, from the land- owners along Willow Springs Drive requesting that the City rename Willow Springs Drive to Teasley Lane. Previous P & Z Consideration. Prior to receiving this petition, the Planning and Zoning Commission, in October 1997, considered a petition from Tom Fouts Realty requesting that Shady Oaks Drive, the portion of Willow Springs Drive between Shady Oaks Drive and Dallas Drive, and the portion of Teasley Lane between Dallas Drive and 1.336, as well as new east-west street continuing from Shady Oaks Drive, be renamed as Research Parkway. The Commission recommended against this renaming, offering Instead the fcllowi tg recommen:.tion: I. That Shady Oaks Drive remain Shady Oaks Drive; I 2. That Willow Springs Drive be renamed Teasley Lane; and 3. That any easterly continuation of Shady Oaks Drive past Woodrow Lane be named Shady Oaks Drive. Street Naming Authority. The City's Subdivision and Land Development Code, at Section 34- 114(14), provides the Commission authority to approve new street names. Street Addressing. The renaming of Willow Springs Drive to Teaatey Lane will allow a consistent north-south street addressing system along the north-south segment of Teasley Lane. OPTIONS i. Approve PV's Recomp. I 2. Amend P&Z's Recommendation. 3. Take No Action, r, R 1. t RF.COhM.N bAIM Staff recommends approval as recommetAtcl by the P&Z, finding that; • The proposed renaming %ill simptiry at:eet addressing and reduce the number of street names in the city. PRIOR ACTION ( REVIEW (Counci), Boards. Commissions) The Planning and Zoning Commission recommended approval (6 • 1) of the renaming or Willow Springs Drive to Teasley Lane at its meeting on December 2, 1998. FISCAL INFORMATION The city will Incur some costs In redoing street end signs. ATTACHMENTS 1. Planning and Zoning Commission Report, December 2,1998. 2. Planning and Zoning Commission minutes from December 2, 1998. 3. Draft Ordinance. 4. Location Map. Res tfully ru i D Hill Director of Planning and Development Prepared by: I PTV Mark Donaldson Assistant Director, Planning and Development a 2. r, LOCATION MAP Street Renaming Willow Springs to Teasley Lane N Sf~ Y I { P 1 r.Y y ` y\ u , 04 { r l R (Ire 3. rc. ..r o~ City of Denton ATTACHMENT ] Planr,::rg and Development Department City Nall West 221 N. Elm Street Denton, TX 76201 MEMO (940) 349-8350 DATE: December 2,1998 TO: Planning r9 Zoning Commission FROM: Mark Donaldson, Planning and Development SUBJECT: Recommendation of Street Name Change: Teasley Lane, Willow Springs Drive and Shady Oaks Drive More than one year ago the City was approached about changing the name of Teasley lane (north of 1.35E) and Shady Oaks Drive to Research Parkway so that a now road constructed as an extension of Shady Oaks Drive east of Woodrow Lana could also be named Research Parkway. After hearing from numerous citizens during a public hearing at its October 22, 1997, meeting, the Commission recommended that: 11 Willow Springs Drive be changed to Teasley Lane; 2. Shady Oaks Drive remain Shady Oaks Drive; and 3. the extension of the road to the east also be called Shady Oaks Drive. At the Commission's November 111, 1997, meeting the Commission was advised that property owners along Willow Springs had not been notified of any potential name change. At the Commission's January 14, 1997, meeting the Commission decided to pe.tpone Indefinitely a recommendation to City Council regarding the renaming of Teasley Lane, Willow Springs and Shady Oaks Drive and the naming of the extension of Shady Oaks east of Woodrow Lane. Staff has subsequently received a petition from what appears to be all of the record owners along Willow Springs Drive requesting a change of name from Wilk w Springs to Teasley Lane. Staff would request that the Commission again consider this recommendation. I i J\ E, nts for the street name change as requested: M F Pol > Willow Springs Is currently a north-south continuation of the much longer Teasley Lane, which is generally a north-south street. > Shady Oaks Is a generally east-weal street. A generally north-south street should be named differently than a generally north-south street. 1 > Address numbers along the current Willow Springs corresponds with the address numbers along the north-south addressing grid and with Teasley Lane (Woodhill Apartments, for example Is 1408 Teasley Lane; the properties along Willow Springs range from the 1300s just north cl Dallas Drive to the 1100e north of the Intersection with Shady Oaks). Addresses on Shady Oaks correspond to the eest-west addressing grid. > There Is An Intersection with L'hady Oaks. Northbound there Is a stop sign oontinuing north and a yield sign If going Asst on Shady Oaks. > Eliminating Willow Springs and replacing h with the name *Iessley Lane would eliminate one street name, simplifft addressing and emergency services. > If the same street canBguration were being platted today, what Is now Willow Springs would be named Teasley Lane because N continues the existing Teasley Lane and another street name would have to be used where the e:rost changes from generally north-south to generally east-west. The Intersection would be made more of a right angle. i Polnts for a street name change otter than requested: > There Is a flow from the southern part of Willow Springs to Shady Oaks. The southern part of Willow Springs could be renamed Shady Oaks. However, the northern end of Willow Springs would then have to remain as Willow Springs. I 5. { cc, LOCATION MAP 1 w 6 ADDRESSES 1902 v/ 6r, 111147 828 13D . MIS _ 14N 7. r . t, I t. WD CITY OF DENIM TEXAS CINHALLwear ' 221=U ' DENroN.rtaus?E-or (817) • DFW METRO 434-2529 MEMORANDUM To: David Hill, D'uector Planning & Development From: Paul Williamson, Right-of-Way Agent • Engineering & Transportation Subject: Teasley Lane Name Change Date: April 24,1998 Larry Bailey, at 1101 Willowsprings Drive, prWnted a petition to me asking the City to change the name of Willow Springs Drive to Teasley Lane. He indicated that all affected property owners have endorsed the petition. We are forwarding the petition to your office. Your staff would normally facilitate these types of requests through all the various public forums, Historic Landmark Commission, Planning & Zoning Commission, and City Council. The Engineering & Transportation Department would prefer to have one continuous street name for the streets connecting Interstate 3511 to Loop 288, I.e. what is now known as Teasley, Willow Springs Drive, and Shady Oaks Drive to aid the traveling public with consistency, and to improve 911 emergency response, etc. Enclosed is the original petition that was submitted by Mr. Bailey. I i i pbol"y to: Jerry ClAk Dtredot EagLneerin8 A Tnmportados Depertmeat 'Deatcakl to t?w4ry Serrtee" i 1 I PETITION FOR A STREET NAME CHANGE WITHIN CITY OF DENTON, TEXAS k We the properly owners and/or tenants on Willow Springs Or., Denton, Taxes 76205, agree to changing the name of this street to Teasley Lane. This would allow a single street Identity for all the owners and/or tenants along this street. We believe it will create less confusion for all users. We understand that Teaaley Lone would continue from Dalb s Drive north to It's Intersection with the abandoned M.K.T. Railroad at the north and. Address numbers would remain the some, Just delete the street name of Willow Springs, and Insert Teasley Lane. We ask that this be done as soon as possible, but final completion date be no later than July 1, 1999, due to telephone book publication of Juns,1999. NAME 0 a OWNER AUDRESS PHONE T■ TENANT lAgL s92 O LGUli/ .Lola 1✓ ~LOk/ w+ ,S 13162.- -IzqiL- 40 z=7s:. 040 F-01 /Jot - I I 9. I a l Jan 15 98 04t17p PEERLESS MFG. CO. 214 351-0194 P.2 01/19/1993 mil 900-5694767 j,,.AANm 9ERvICES A F4 02 , i ; i PETITION FOR A STREET NAM. CHANGE WITHIN CITY OF DENTON, TEXAS i We the property owners andlor tinants on Willow 5 rings Or., Denton, Te:as 76205, agree to changing the mama of this street to Tsasls~Lane. This would allow a single street Identity for all the owners andlor tenants al ng this street. We believe It wilt create less confusion for all users. We understand tRst Teasley Lsno would continue from Qailas Drive north to It's Intsisection with the abandoned M.K.T. Railroad a} the north end, Address numbers would remain the same, just delete the street nerve of Willow Springs, and insert Tesaley Jana. We ask that this be done as soon as possible, but Anal completion date be mo later' than July 1, 1999,'due to telephone book publication of dune, 1999. i NAME Q. Q}~11NER &D~RF PHONE In TENANT a~ L :1y 90 s r cu 1s1.s..,.7dtJ.t.&t+l. ' oil t v i r Ay r, ATTACHMENT 2 EXCERPTED DRAFT MINUTES PLANNING AND ZONING COMMISSION December 2, 1991 The regular meeting of the Planning and Zoning Commission of the Cny of Denton, Texas was hefd on Wednesday, December 2, 1996, at 536 p.m. In the City Counce Chambers at City Hall, 216 E. McKinney, Denton, Texas Present. Elizabeth Gourd+e. Sally Rishei, Susan Apple, Jim Engelbrecid, Rudy Moreno, Carol Ann Ganzer, and Bob Powell Present Irom Start. Mike Bueek, First Assistant City A6omey; Mark Donaldson, Assistant Director of Planning; Wayne Reed, Planner I; David Salmon, Engineering Admintstrator; Trims McElreath, Planner II }?UBLIC jjE1RIN -OTHER ITEMS 9. Hold a public hearing and consider making a recommendation to City Council regarding the charge of street name frorn Willow Springs to Tasslsy Lane. (M.rk Donaldson) i Commissioner Engelbro(AL Item 9 this evening is to mold public hearing and core klar making a recommandsllon to City Counca regarding the change of street name from Willow Springs to Teasley Lene. Mr. Donaldson Is going to bindle Ibis Case, which you have seen before. Ms. Garner May I ask a question before we get steriedi Commissioner E%o brechl: Yes, Ms• Ganzar. Ms Oanzer: Are these 'request•tospeak' buttons notworkingi Commissior,3r Engelbrechl. No, they a,*e not. Ms. Ganzsr. Okay, I keep hitting mina and not bent' recognized and that's why I... Commisrlener Enyetbrecht I'm sorry, we had told that In an saner meeting and I'm sorry, they're still not Pleose false your hand and I it.. Ms. Gamer I just realized!ust a coupe of minutes ago t think they do Mash when they're working. Thot's why. Commissioner Engarurechl Yes. Ad you get Is this thing off or on. Mr. Mark Donaldson Presented the staff report 6'r. Donaldson: Okay: Item 9 has been in the agenda packets for the previous two meetings, and we've Oplsd not to take It up because I was too We In the avening, and they've edually bean at earlier times than tonight but w0 a 1 going to this I'm passing out a letter that I received today har•, Charles Browr who Is one the property owners that's represented on the petition. this is a request to change the name of Willow Spring! Drive to Teasley Lane. In your backup Is a toution mop: a map showing some of Iha nddresses along WtilOw Springs and TaNesr Lane; memo from Paul Williamson, our rightef-wry agent V the Lnvlnsering Department; and the petition itself, which we've analyzed and believe that A represents sit of the landavners along Willo,v Springs no well as all of the tenants In the buildings that, are along Willow Fprn1gs. More gran a year ago, the City was approached about changing the name of Teasley Lene and Shady Orks Drive to Reseal :h Parkway so that a new road wnstrucled so an extension of Shady Ooks, east or Woodrow Lone could also be mimed Research Parkway. You held a public haaring and made a recommendation at That time to change Willow Crvings to Teasley Lane; that Shady Oaks Drhe should ramalm Shady Oaks Nye and that any new extension to the road to the east would also be called Shady Oaks Drive. After rpllecling on that for a couple of days, staff came back to you and sold we didn't property notify those people along that noilhern leg of Willow Springs about this potential name change. So, we brought it back W you In January, r r at which time you decided to postpone the decision until some time later, Walt, 6's later, and we've subsequently k, received o peliticn from all of those folks along Willow Sprlros who, baslaly, liked what they heard when you made / your original tecommendation. In your backup, I gave you several points that would be for ale recommendation of the street name as requested They Imcluda the fad that Willow Springs Is currently a genaolly north-south extension of Teasley tons, which is generally a nodh•south rood, that Shady Oaks Is generally an east•west street and that, by rules of addressing. north-south streets are to be mimed differently than cut-west streets, that the addressing humbers om Willow Springs are edustly a continuation of the addrelslmg sequence of Teasley Lana On your map, page e, you tan sea there is a msjer apartment complex at UOA Teasley Lane. As you move north along 11 i i t 1 I Planning and Zoning Commission M nutss December 2, 1998 Page 2 of e Willow Springs, you move through the 1300 block, through the 1200 block, up to the 11DO bock, whereas, sling Shady Oaks Drive, you're actually seeing on addressing range that goes from east to west and is not In that same sequence. Etlminaling the name Willow Springs would actually reduce by 1 the number of street names In ft city and reduce by 1 the number of street names along a continuous stretch of road. So. N would be an efli fo simplify addressing and delivery of emergency services and, generally, 0 this some configuration were propelled now today, we would require, In fact, that a aonlinuation of Teasley be named Teasley, end that at an Intersection such as that, we would create a real Intersection and have a different street name going In the east-west direction. So, I think as recommended, you actually were following our subdivision and land development guidelines. The point against it is that, generarly, there Is a fairy smooth traffic flow from Willow Springs now onto Shady Oaks. There is only a yield sign when you're going in that direction, whereas, when you go to continue north on Willow Springs, there is a slop sign, In fact. Commissioner Engelbrechk I might just Interrupt here and say. Commissioners, are there any questions for Mr. Donaldson. Ms Gcurdk Do you heve any pictures? Mr. Donaldson: Pictures Ms. Gourd'b, I requested the last time this come through that there be photographs showing how that south transition works versus the north transition, end that was my main problem with this was that this visual we wev given is very deceptive as to how the road neatly works And so when I discussed R--we had discussed a photograph of What N was like N you were driving on that road. 1 guess'tl just went down the road there. Mr. Donaldson: Yes, a was loo long ago. Generally, as you were going north on Willow Springs, there h a yield sign as you traverse onto Shady Oaks Drive. Ms, Gowdiw N flows to Shady Oaks, Mr. Donektson: There Is a stop sign. N you want to continue north on Willow Springs coming west on Shady Oaks Me Gourdis. Is there any plan to raeonfrgurs that road to k would be obviout too person who is driving on that road that N they go right, they are on a different road versus going across the intersection to get to the future pod of the road, To me, N is very confusing and 1 drfvo that area ail the time. Atxl I still owl undersiand how you an lake-I realize that 0 you than drive every day, you an figure N out, but N you ere a new customer and I want to go to , Mr. Galley's place, and he says 9'm on Teasley Drive Exit the freewvy, Just take N up, end 1's up then to the M* 1 would go to the right because the flow of the road Is a natural right progression, So, I'm just saying !hart visually, If there was a real visual Instead of a drawing, I think this would make a lot more sense, t know everyone's tired, so I know this Is going to be-but 10, bglcalli there Is no bgtc to doin,l this until we an hill i& NN Worsedion whore people understand, N you want to be on Teasley lane, you turn laf . N is a true laMhend turn to gel on that Willow SpringslTeasley lane that everyone Is talking about Mr. Salmon, We would certainly sMx,ipru that this particular request goes through that we're going to have to redo the signage out there to make A more clear that Teasley continues north. Ms. Gourdie, Well, would you be putting a stop sign where the yield sign lz snd o stop tlpn? Stause, to me, again N you have a yield sign - to me, to a driver, that says keep going. You are an the same rood. You'ra doing the right thing Keep going. Don't think eboul what's happening here. You're yielding. A slop stpn says, slop, think about This Win changing Intrsedions You need to do something hard. You need to eontomplate your actions. And to, Is there going to be a slop sign that says you're heading to Study Oaks now? Mr Salmon: Well, your major traffic flow Is from what's currently Willow SWIMgs onto Shady Oaks. So, I don't know that you would want to Impede your majw tralfic flow with a stop sign. Ms. Gourdle That proves my point Oil there, That traffic flow, even thigh R's nort"outh, east-west the traffic flows north-south, east-west. 11 daMY flow norN•soulh, north-south: K tows that way and 1 know everyone's toed, but I'm just saying it makes no sense from a common driver's perspecifvo to do 11 $o, I'm mat going to go any f r further because I know everyone is going to vole for N. So, g0 to it Mr Salmon. I was just going to say, I think name signs wet what I wet speaking of-try to make some !tore clear street name aligns olThat ktcetion-even a sign with Teasley 00 an arrow or something, That's the type of stpnege t { was thinking of ern terms d changing signage In Ns area, Ms Gourdie, II will be Interesting to see what happens How many people don't mak,. Ili 12. Planning and Zoning Commission Minutes Oecern" 2. 1 M Page 3 of a Commissioner Engelbrecht. Any more questions for staff? Ms. Apple. Ms. Apple, I just want lc make a comment. I was strongly ready to do this over a year ago and I'm really sour' that $ has taken us this long to do if UI of the property owners on the street want this to be done. I think that is just an obvious given, and I understand what Elizabeth Is talking about. But I don't think that you necessarily always have to stop before you make a turn. 1 think you cars, you know, carry on to Shady Oaks and change streets wilticut having to stop I don't think that's g ring to be a problem, I don't see It as a problem. I see this as a big plus and I'm just sorry that it took us over a year to gel here, CommisslanerEngelbrecht: Ms. Conifer. Ms Ganzer. I travel that road every day-[ don't know flow many times a day every day. It's getting to where thero Is en awful lot of traffic from Dallas Drive going that way, and I think H there were a slop sign, R would back the traftie up even worse than keeping tt with a better flow there. Arid to me, there Is not that much traffic that comes off Vti flow Springs back on: k's mostly going toward Teasley i Comm;ssioner Engelbre N: Before anybody else says anything, I want to intern7t and say.... Ms. Gamer. We haven't even sirsrled our public hearing Commissioner Engelbrecht. Right. V re still in the public hearing part. Ms Ganzec Thai right , Commissioner Engelbrechl I recognize that this is sort of a different sltuat", but we do need to ask it Marc Is anyone to speak to this issue. Is there anyone who would like to speak In favor of this petition? Anyone to speak In favor of the petition? Yes, sir, please cone forward. I believe we have a card for Mr. Bailey. Mr. Bailey I am 1 arry Balley. I own Insutsnce Services Agency. On this piece of trad of land, basically. I own from here up, move around; I own this entire tract, Here. there we bulkrings along this way. These owners of this came out very strongly m this They wanted to continue to keep k Shady Oaks I'd like to compfimeM Mr. Morena. He did a super job in understanding what happened and moved, and I think tt went up 5-2 vote to tag tt Teasley Lane and then out of It--the staff and the rest of the story. On this, l appreciate the lady's point as I at here and think of history. President Harry Truman would have told you to stay out of the area as he told 'hem to stay out of independence, Missouri The Ireiic is moving very fine, It leaks dangerous and everybody treats It as dangerous. And the last thing they need right there is you in there directing the traffic night now. And I'm the one that owns the property, and I run up and down buuugh there 01 the time, We're the ones that Me constantly having people to tell them how to get In there and how to gel ord. And 'A you were to listen, we would tell them, that they, get on the left lane..., Me Gourd e I don't need lu be insulted at this hour--okay-please. If you would like to address the Issue, I would appreciate it, but please don't bring your personal condemnation towards me Into this, please, Mr Bailey. I was answering your attuation. Ms Gourdie, Condemning me Commissioner Engelbrecht: An fight, folks. I know d's a late hour, Let's relax. Mr. Bailey, Anyway. to go onto Teasley Lane, we ten them to get Into the left lane and stay in the left lane. If they pet in the right lane, they get lost back in there . Now.1o toms up with sane solutions. We would propose that you put a -let me get a little bit better pin here-that you puts sign right here at Teasley Lane close to Applebee's and t says Shady Oaks Dive and show an arrow, I don't think that will be real expensive there. Second thing is to puts second sign here, Shady Oaks Dive, end then right here, to solve some cf the problems-right lane Shady Oaks-and then, as he talked about, a possibility d you wanted to put one over here-Teasley Line direly north or however. But we watch traRr. here, I don't know the Police situation here, bul ready there Is a lot of traffic moving through Ili It does move very nicely Yes, there are people that come out here, but most of them are very smart, and they a" aA r, this traffic moving, and they just aft Cher) and wait until Its openi and then they move right on In through there. Astor as there being a fait of accidents or anything there, being In the insurance business, I don't kr2w of a lot of them In ? there Nein thing, t'a a great place for the Police to set up their little traffic there and check them on the no tickets of no accidents and all this, which they have, and is been a very excellent place Personally, I had rather leave the sign atone until the City decldes that they need to do A. Really, back to Harry Truman, I really donl think we need anybody in there trying to thane that right now. As far as I know, there Is no known opposition of the owners or tenants All of them have signed of on s. Ws have not tried to mislead anybody We have not tried to miss anybody. We are defintely interested In getting rid of the street name confusion because we are the cries-Oenloo 13. t 1 t, I Planning and Zoning Commission Minutes December 2,1998 Page 4 of 4 Boh, the Pawn Shop, ft Affordable Storage, Insurance Services, Peerless Manufa:turing. I talked to Peerless Memufadwing, He said, hey, I'll be down there, but out of A he's got to make a too, and he wasn't going to stay here all night and get It But he did ask me to make a stalement for Aim. It's tough for him with 18-wheelers pulling down because he brings his 18-wheelers In on what Will be Teasley Larne to denver. And those guys coma up on Duncan Street, get out there in Front of his business, and then how are you going to turn an t &whealer around there and try and get him back down through there. I think If we an just yet rid of this street confusion name there, and we request that go on ahead and follow through wAh Mr. Moreno's statement and Indialy trying to do this over a year ago and name it as Tees" Lane and let's move on and ht's get the business moving, Thank you. Commissioner Engelbracht: Any Questions of Mr. Belay. Mr. Risher, Well, I'm pwsonally glad that the petition as it was written gave us until July 1, 1994, to gel this accomplished. I appreciate ft flexibility in that especially looking at the how end N's nice to be able to do something that apparently, the preponderance of the people In this waa want to sea accomptished, and we hope we can accommodate that. Mr. Barley: The problem we've gat, air, is the telephone book Is starting to be done now ark normally they dose. I think, In around February or March, and that's the reason we need to get this thing done. because after that, you know, It's going to be a mess changing up telephone books. And s lot of us, If you'll notice, when you lock at our ads In there. We pay specifically extra to have that little map put In there so people can rind us. Commisslo ner Engelbrecht: Thank you. Is anyone also present that would Gke to speak In favor of It a petttidn. Anyone present to speak in favor of the petition? I do have a card from Mr. Charles Brown. He is in kippat of changing Willow Springs Street to Teasley Lane. He Bays, 'Please read my letter to Mark Donaldson dateJ 1 2/2M8.4 1 will simply state to you that you on have recelved a copy of that toter and It further goes on to stair, hi; support Is there anyone else present that would like to speak In favor of the petition? In that case, Is Uwe anyone present that would like to speak nn opposition to the petition? Anyone present to speak in opposition to the petition? That being the case, the public hearing is closed, Mr. Donaldson, any final staff remarks. Mr. Oonaklsom None but 1 notice that I (rdn't provide you any wording for a motion. Commissioner Engelbracht: I Figure vw can rind them. Mr Rishel: I would like lo make a motion. Commissioner Engelbracht. Mr. Rishel, please. Mr. Risher. I would like to move on the staff recommendation of changing the existing street name of Willow Springs to Teasley Lane, I believe that is, and that will follow through from Dallas Drlve on through what Is currently marked as Willow Springs. Ms. Apple: Second, Commissioner Engdlbrecht. A move and second to recommend approval of the name lunge as provided by staff. Any discussion on the motion. I do just want to W. I think Ms. Caurdie's comments are appropriate, given the particular kind of intersection we had here, I think we do need to just ask Treffic to keep an eye on that We appear to have same confusion, and we have tenants here who are there N there appears to be some kind of confusln, please let our Engineering folks know, and they will v:ork on some sign spa to try and help that out. Any other discusax„n? M In favor, please raise your right hand. At$ opposed, some on. Motion carries IS - 1) Me. Gowdia cast die nay vote. Ms. Gamer. I think Mr. Brown has a question, Mr. Brown: Can I ask just one question to see what the timing's like. If we mow (knauditite) are we taking about two weeks, two months? 1 ~ r Commissioner Engeibrachl. Yes, that's something you an talk to Mr. Do,4 bar .Lw. thr:, a and we will go ahead A , with this next public hearing Pat n 2dt98MINU T ES-Excerq edI kem9 doe 14. t c, ATTACHMENT 3 k ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF WILLOW SPRINGS DRIVE TO TEASLEY LANE; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, property owners adjacent to Willow Springs Drive have petitioned the City of Denton to change the name of Willow Springs Drive to Teasley Lane; and WHEREAS, said renaming will simplify street namos and provide for more consistent addressing; and WHEREAS, the Planning and Zoning Commission of the City of Denton con"'ucted a public hearing on December 2, 1998, and recommends renaming of Willow Springs Drive to Teasley Lane; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENrON HEREBY ORDAINS: i SECTi'1U. That the street officially designated as Willow Springs Drive, being a public street fro,- its intersection with Dallas Drive to its corthem terminus as illustrated in the attached Exhibit "A", which is incorporated and made a part hereof, is renamed to Teasley Lane. SECTION If. Yhat the Director of Planning and Development is directed to amend the official map of the City of Denton to reflect the change in the street name as provided herein. SE IC7 ON III. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of, 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTER3, CITY SECRETARY 1 ~lfti e. BY: ~ ~~Y ef ~i c r d 15. v +0110L'MLIWIM@'OD.rYQiwIA.~~n `i1Y ~,1r4 1 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I i i6. a c WI1Ot'WLI'IIWm00T101bb~GyrM~i~µr~T~tr~r EXHIBIT "A" r a tip.. 1 1 i 17. t 1 u 1 ATTACHMENT 4 tit p 1^( v~ r err ~ i 1 r I~ le. t t aGr~aerr., t[V.:l_ r ,rte, Pcl➢. 1. 1.- f q: . _1- AGENDA INFORMATION SHEET AGENDA DATE: January 19, 1999 Questions concerning this franchise may he directed to Mike Bucek, DEPARTMENT: City Manager City Attorney's Office at 349-8333 CAT: Michael W. Jez SUBJECT~ I Consider adoption of an Ordinance on Second Reading whereby the City of Denton, Texas, { grants to CoServ Gas a non-exclusive franchise to furnish, transport, sell and distribute gas to II customers in Denton, Texas, for a period of ten (10) years for a franchise fee in the amount of 3% of revenues collected and providing definitions; providing a payment schedule and statement of revenues; providing franchise fee not in lieu of other fees and contract obligations; providing dependable gas supply at lowest reasonable costs; providing obligations regarding company facilities, long-range planning for capital improvement projects, City review of construction and design, requests by City for relocation of company facilities and work by others; providing for changing boundaries of City and abandonment; providing City not required to advance funds; providing for technological improvements; providing for compliance with city rules and regulations, Railroad Commission specifications and regulations, and environmental laws, providing office location, reports on company operations and activities and detailed bills; providing City held harmless and indemnification, notice to company, insurance and bonds; providing payment of expenses inc•irred by City in relation to ordinance; providing right of first purchase, right to purchase or condemn, limitations of company removal of facilities, transportation vnd procurement of gas by City and curtailment; providing civil penalties, foreclosure, forfeiture and termination and other legal remedies; providing no waiver, rights of successors and assigns, representatives and notices, severability, entire agreement, company approval, annexation to the City and third partied; providing compliance with City Charter and application of terms in competing franchises; and providing an effective date. BACKGROUND i On June 2, 1998, the City Council approved a Telecommunications Franchise for CoServ and shortly thereafter CoServ began negotiations with City staff for both Gas and Electric franchises. The attached franchise is patterned after the form franchise that was composed in 1998 by a subcommittee of Councilmembers, City Managers, Public Works Directors and City Attorneys from a coalition of 70 - 80 cities known as the Texas Coalition of Cities cn Franchise Utility Issues (TCCFUI). The only other gas franchise approved by the City of Canton is with Lone Star Gas Company and was approved by the City Council on July 20, 1982, and expires the end of 2001. The proposed franchise is for a term of 10 years and provides compensation similar to Lone Star's franchise, 3°io of the revenue of CoServ from the sale of gas within the City. The new franchise is superior to Lone Star's in several aspects: First, it better protects the City from liability that may accrue from Co5erv's negligence in the construction, maintenance and t~ Agenda Information Sheet Agenda Date: January 19,1999 Page 1 operation of its proposed distribution system. Second, the new franchise provides civil penalties of $200.00 a day for each day CoServ fails to comply with operational or maintenance standards of the franchise or fails to provide in a continuing manner the services requested by Customers in reliance on the franchise. Third, the franchise provides it may be terminated by the City for repeated violations of the terms of the franchise and failures to provide the services required by the franchise. By the letter from Don Leverty, with CoServ Gas, to Michael Bucek dated December 10, 1998, CoServ accepts the franchise in its present form. This includes the provision of the franchise that requires CoServ to pay the City's costs for publishing the ordinance in the Denton Record- ('hronirle. ESTIMATED SCHEDULE OF PROJECT CoServ will not be able to provide gas service to prospective customers until after the franchise is effective. Before such ordinance can become effective, it must be passed by a majority vote of the entire City Council at two (2) regular meetings of the Council and the ordinance shall not lake effect until twenty-one (21) days after its final passage. CoServ should be able to begin construction in City rights-of-way around February 9, 1999. Tb:e ordinance was approved on first reading on January 5, 1999. The franchise requires CoServ to provide services to the City no later than nine (9) months after the passage of the ordinance. FISCAL INFORMATION The definition of "Revenue" in the CoServ franchise is almost identical to the definition of "gross receipts" in the Lone Star franchise, so if existing customers of Lone Star switch w CoServ, the change in franchisee should be financially neutral. Of course, if competition brings ' the price of gas down, then revenueslgross receipts will decline with existing ratepayers. We believe CoServ plans to constnkt its distribution system in new home construction areas, so compensaton from CoServ should be in add;tion to the compensation the City is presently receiving from Lone Star. i RECOMMENDATION Staff recommends adoption of the ordinance. Respectfully submitted, IA J- ~ t W. a, Ci ger Ae Attachment No. l: Proposed Gas Franchise Ordinance Attachment No. 1: CoServ letter of December 10, 1998 i i C MM(I011'tt[Af<lrr ~ y.e M as V ca ORDINANCE NO. AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, GRANTS TO COSERV GAS A NON-EXCLUSIVE FRANCHISE TO FURNISH, 'TRANSPORT, SELL AND DISTRIBUTE GAS TO CUSTOMERS IN DENTON, TEXAS, FOR A PERIOD CF TEN (10) YEARS FOR A FRANCHISE FEE IN THE AMOUNT OF 3% OF REVENUES COLLECTED AND PROVIDING DEFINITIONS; PROVIDING A PAYMENT SCHEDULE AND STATEMENT OF REVENUES; PROVIDING FRANCHISE FEE NOT IN LIEU OF OTHER FEES AND CONTRACT OBLIGATIONS; PROVIDING DEPENDABLE GAS SUPPLY AT LOWEST REASONABLE COSTS; PROVIDING OBLIGATIONS REGARDING COMPANY j FACILITIES, LONG-RANGE PLANNING FOR CAPITAL IMPROVEMENT PROJECTS, fk CITY REVIEW OF CONSTRUCTION AND DESIGN, REQUESTS BY CITY FOR RELOCATION OF COMPANY FACILITIES AND WORK BY OTHERS; PROVIDING FOR CHANGING BOUNDARIES OF CITY AND ABANDONMENT; PROVIDING CITY NOT REQUIRED TO ADV^CE FUNDS; PROVIDING FOR TECHNOLOGICAL IMPROVEMENTS; PROVIDING FOR COMPLIANCE WITH CITY RULES AND REGULATIONS, RAILROAD COMMISSION SPECIFICATIONS AND REGULATIONS, AND ENVIRONMENTAL LAWS; PROVIDING OFFICE LOCATION, REPORTS ON COMPANY OPERATIONS AND ACTIVITIES AND DETAILED BILLS; PROVIDING CITY HELD HARMLESS AND I,,DEMNIFICATION, NOTICE TO COMPANY, INSURANCE AND BONDS; PROVIDING PAYMENT OF EXPENSES INCURRED BY CITY IN RELATION TO ORDINANCE; PROVIDING RIGHT OF FIRST PURCHASE, RIGHT TO j PURCHASE OR CONDEMN, LIMITATIONS OF COMPANY REMOVAL OF FACILITIES, TRANSPORTATION AND PROCUREMENT OF GAS BY CITY AND CURTAILMENT; PROVIDING CIVIL PENALTIES, FORECLOSURE, FORFEITURE AND TERMINATION AND OTHER LEGAL REMEDIES; PROVIDING NO WAIVER, RIGHTS OF SUCCESSORS AND ASSIGNS, REPRESENTATIVES AND NOTICES, SEVERABILITY, ENTIRE AGREEMENT, COMPANY APPROVAL, ANNEXATION TO THE CITY AND THIRD PARTIES; PROVIDING COMPLIANCh WITH CITY CHARTER AND APPLICATION OF TERMS IN COMPETING FRANCHISES; AND PROVIDING AN EFFECTIVE DATE; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: TABLE OF CONTENTS I. DEFINITIONS 2. GRANT OF FRANC111SE 3. TERM OF FRANCHISE 4. FRANCHISE Fl'v: J.' 5. PAYMENT SCIIEDVLE 6. STATEMENT OF REVENUES 7. FRANCHISE FEE NOT IN LIEU OF OTIIER FEES S. CONTRACT OBLIGATION 9. DEPENDABLE OAS SUPPLY AT LOWEST REASONABLE COSTS f p:r;utif lEM,oM CY I1 p111n t t, I I i I ~I 10. OBLIGATIONS REGARDING COMPANY FACILITIES 11. LONG RANGE PLANNING FOR CAPITAL IMPROVEMENT PROJECTS 12. CITY REVIEW OF CONSTRUCTION AND DESIGN 13. REQUESTS BY CITY FOR RELOCATION OF COMPANY FACILITIES 14. WORK BY OTIIERS, CONSTRUCTION BY ABUTTING OWNERS 15. CFANGING BOUNDARIES OF CITY AND ABANDONMENT 16. C (TY NOT REQUIRED TO ADVANCE FUNDS 17. TL^.TINOLOGICAL IMPROVEMENTS IS. C11 Y RULES AND REGULATIONS 19. COMPLIANCE WI-111 CITY AND RAILROAD COMMISSION QUALITY SPECIFICATIONS AND REGUI AT10NS 20. COMPLIANCE WITTI ENVIRONMENTAL LAWS 21. OFFICE LOCATION 22, REPORTS ON COMPANY OPERATIONS AND ACTIVITIES 21. DETAILED BILLS 24. CITY FIELD HARMLESS R 25. NOTICE TO COMPANY 26. INSURANCE 27. BONDS 28. PAYMENT OF EXPENSES INCURRED BY CITY IN RELATION TO ORDINANCE 29. RIGHT TO FIRST PURCHASE 30. CITY'S RIGHT TO PURCHASE OF CONDEMN 31. LIMITATIONS OF COMPANY REMOVAL OF FACILITIES 31, TRANSPORTATION AND PPOCUREMENT OF GAS BY CITY 33. CURTAILMENT 34. PENALTIES 35. FORECLOSURE 36. FORFEITURE AND TERMINATION 37. OTHER LEGAL REMEDIES 38. NO WAIVER 39. SUCCESSORS AND ASSIGNS 40. REPRESENTATIVES AND NOTICES 41. SEVERABILITY 42. ENTIRE. AGREEMENT 43, COMPANY APPROVAL 44. ANNEXATION TO TILE CITY 45. THIRD PARTIES 46. COMPLIANCE WITH CITY CHARTER 47. APPLICATION OF TERMS IN COMPETING FRANCHISE 45 EFFECTIVE DATE I. DEFINITIONS: For the purpose of this Franchise, the following words and phrases shall have meaning given in this section. When not 'nconsistent with the context, words used in the present tense include future tense, words B the plural number include the singular number, and words ir, the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined in this section shall he given their common end ordinary meaning, { "Affiliate" means any entity controlling, controlled by or under common control with the entity in question, 4 t i III ~I i E ~I "City" means the murkipal corporation designated as the City of Denton and includes the territory as currently is or may in the future be Included within the boundaries of the city of Denton. "City Council" means the legislative body of the City. "City Gate" means "City Manager" means the City Manager of the City of Denton or his designee. "Company" means CoServ Gas, but does not include its Affiliates, subsidiaries or any other entity in which it has an ownership interest. "Facilities" means all property both real and personal of the Company which are reasonably necessary to provide Gas into, within and through the City, including without limitation, rights of way, transmission and distribution pipes, mains, Gas compressors and meters. "Franchise" means the rights and obligations of the City and the Company set forth in this Franchise ordinance as the same may be amended from time to time and includes those rights and duties provided under the law. -if Texas and of the United States. i "Gas" means st.ch gaseous fuels as natural, artificial, synthetic, liquefied natural, liquefied petroleum, manufactured, or any mixture thereof. "Public Easement" means easements permitted by the City for the use of Company. "Public Streets" includes, but is not limited to, streets, medians, boulevards, roads, lanes, alleys, viaducts, , bridges and public rights of way that are deeded, dedicated or otherwise available for Company use within the City. "Railroad Commission" means the Railroad Cormnisaion of the State of Texas or other authority succeeding to the regulatory powers of the Raihoa' Commission. "Residents" means all persons, businesses, it dustry, governmental agencies, and any other entity whatsoever, located, in whole or part, within the City that are or may be served by the Company hereunder, "Revenue" means those amounts of money and other benefits which the Company receives from the, A. All Revenues received by Company from the sale of Gas, including compressed Gas, within the City to all customers within the City. B. All Revenues received by Company from the transportation of Gas through Ow pipeline system of Company with the City to commetrial industrial customers witl.;n the City, and C. The value of Gas transported by Company for Transport Customers through the pipeline system ! J , of Company within the City. I 2, GRANT OF FRANCHISE: C WMIY)•'1161A,Ca1n 0,11A1~ti S f I (A) Pursuant to the Constitution of the Stale of Texas, State Statutes and the City's home rule charter, the City hereby grants to the Company, for the period specified in and subject to the conditions, terms and provisions contained in this Franchise, a non-exclusive right to furnish, transport, sell and distribute Gas to the City and its Residents. Subject to the conditions, terms and provisior:. contained in this Franchise, the City also hereby grants to the Company a non-exclusive right to acquire, construct, install, locate, maintain, operate and extend Facilities into, within and through the City and a non-exclusive right to make use of the public streets and Public Easements as may be necessary to carry out the terms of this Franchise. These rights shall extend to all areas of the City as it is constituted from time to time. (B) This Franchise does 114( grant to the Company the right, privilege or authority to engage in any other business within the City other than the provision of Gas sales, transportation, distribution and the furnishing of Gras to the City and its Residents. (C) The right to use and occupy the public streets and Public Easements as set forth herein is rot an exclusive Franchise, and the City reserves the right to make or grant a similar use of public streets and Public Easements for the City and to any other person, firm, or corporation. 3. 'PERM OF FRANCHISE: (A) Unless terminated earlier as provided herein, the term of this Franchise shall be for ten (10) years, beginning on the effective date ofthis Chdinance. 4. FRANCHISE FEE: (A) As further consideration for the grant of this Franchise, which provides for the use by the Company of public streets and easements, which are valuable public properties acquired and maintained by the City at great expense to its Residents, and in recognition that the grant to the Company of the use of those public streets and Public Easements is a valuable right without which the Company would be required if permitted by the City to invest substantial time and capital in rightof-way costs and acquisitions, the Company shall pay to the City a Franchise fee in the amount three percent (3%) of the Revenue, accruing to the Company. This fee shall change to the fee assessed Lone Star Gas in its new franchise. The Company shall report to the City within sixty days of the execution of a subsequent Franchise of any change of Franchise in another municipality in the state of Texas. Should such Franchise or change in Franchise provide for services or consideration not provided hereunder, Company shall offer to provide such services and'or consideration to the City and its Residents upon the same or similar terms, and provide the City a copy of such Franchise or change. (B) The value of Gas transported by Company for Transport Customers shall be determined as set forth in this paragraph. In the absence of documentary evidence to the contrary provided by Company to City, the value of Gas so transported shall be presumed to be equal to the total volume of Gas transported for such Transport Customer times the rate, charged for Gas as indicated on Schedule N of Company's tantF, as such tariff rates may be amended Iron tine to time by the Texas Railroad Commission, or its successor agency. If Company submits documents to the City to indicate the actual value of Gas t transported by Company, the Company may remove therefrom any information that would disclose either the identity of the customer or o0rcr information deemed confidential by Company, so long as such removal does not prevent the City from determining the monetary value of the Gas transported. Company 1 agrees to give the City, upon request, access to the confidential information so removed in order for the City to verify the accaracy of the information provided to the City under the provisions of this paragraph. Failure or inability of Company to collect the three percent (3%) Franchise fee from its Transport r •+Qp1RMCn5n 40kwln 6 r t s Customers does not relieve it of its responsibility and obligation to remit payment in the amount of three percent (3 of the value of such Gas to the City. S. PAYMENT SCHEDULE: (A) For the Franchise fee owed on Revenues accruing to the Company sfier the effective date of this Franchise from the sale and transportation of Gas, payment shall be made in quarterly installments not more than ten days following tU a close of the quarter for which payment is to be made. Initial and final payments shall be prorated for the portions of the months at the beginning and end of the term of this Franchise. All payments shall be made to the City and accompanied by supporting documentation satisfactory to the City. (13) In the event an error by the Company results in an overpayment of the Franchise fee to the City and said overpayment is in excess of 55.000.00, credit for the overpayment shall be spread over the same period the error was undiscovered. It the overpayment is $5,000.00 or less, credit shall be taken against the next payment. In the event an error by the Company results in an under payment of the Franchise fees to the City and said underpayment is in excess of 55,000.00, Company shall repay the difference betwenr the underpayment and the correct payment over the same period the error was undiscovered. If the underpayment is $5,000.00 or less, company shall repay the difference in the next payment. (C) No charges to the City by Company for any sales or transportation of gas or other services shall exceed the lowest charge for similar services provided by the Company to any other similarity situated custamer or consumer of the Company. 6. STATEMENT OF REVENUES: (A) Company shall file annually with the City, no later than April 15, the Company's annual report to the Railroad Commission of'rexas, or its successor, if such report specifically allocates Revenues arising within City's corporate limits. Should the Railroad Commission or its successor fail to require this iuiormation, Company shall file annaally with the City, no later than four (4) months after the end of the Company's fiscal year, an audited annual Watement of Revenues attributable to the operations of the Company's Facilitiex within the City in conformance with the NARUC system of accounts by a certified public accountant, (B) Any transactions which have the effect of circumventing payment of required Franchise fees an&or evasion of payment of Franchise fees by non-collection or non-reporting of gross receipts, bartering, or any other means wh ch evade the actual collection of Revenues of fees for business pursued by Company are prohibited. (C) company shall provide the City with access at reasonable times and for reasonable purposes, to examine, audit, review and/or obtain copies of the papers, books, accounts, documents, maps, plans and other records of company pertaining to this Franchise ordinance. Company shall fully cooperate in making available its records and otherwise assisting in these activities. (D) The City may, at any time, make inquiries pertaining to Company's operation of its Facilities within the City. Company shall respond to such inquires on a timely basis. 7. FRANCHISE FEE NOT IN LIEU OF OTHER FEES; c +Mnurf rrMrr.fn e. u x w r 7 i (A) Payment of the fees and other consideration due hereunder by the Company is not accepted by the City in h.u of Pny occupation tax, license tax or similar tax on the privilege of doing ~usincss in the City or reimbursement of regulatory cost. Payment of the fees and other consideration due hereunder does not exempt the Company from payment of taxes that are uniform and generally applicable to other persons conducting businesa within the City, such as property, sales and use taxes. (B) Payment of the fees and other considerations due hereunder shall not in any way limit or inhibit any of the privileges of the city whether under this Franchise ordinance or otherwise R. CONTRACT OBLIGATION: This Franchise constitutes a valid and binding contract between the Company and the City. In the event that the fees and other consideration specified in this Franchise Is declored illegal, uncocstitutional or void for any reason by any court or other proper authority, the Company Ehall be contractually bound to pay the City, on the some schedule as provided herein for the fees and other consideration, an aggregate amount equal to The amount which would have been paid as fees and other consideration. In the alitmative, the City shall have the right to impose on the Company and the Company shall pay occupation and license fees and permit charges reasonably equivalent on in annual basis to the fees and other consideration payable hereunder. 9. DEPENDABLE GAS SUPPLY AT LOWEST prp.. ONABLE COSTS: (A) The Company shall at all times take reasonable and necessary steps to assure a dependable supply of Gas to the City and its Residents a the lowest reasonable cost consistent with long term reliable supplies. Should Gas be made available to the Company from whatever source, including any agency or instrumentality of tlrc State, at less total cost that the total cost which would be incurred by the Company to supply such Gas from its own supplies, the Company agrees to purchase such lower-cost Gas and to pass on to the Residents all swings resulting from the purchase. Should Gas be offered to the Company for a price less that being prodded to the City and its Residents and Company not accept such offer, Company shall notify City of such offer and the reason(s) that such offer was not accepted. (B) If the supply of Gas to the City or Its Residents should be inlerrupted, the Company shall immediately take all necessary and reasonable actions to restore such supply at the earliest possible time. (C) The Company shall providr to the City a telephone number which is not available to the public whereby the City will be able to (btain status reports from the Company on a twenty-four hour basis concerning interruptions of the supply of Gas in any portion of the city. (1)) The Company shall install, repair, maintain and replace its Facilities in a good and workmanlike manner, The Company's Facilities shall be of reasonable quality, redundancy and durability to provide uninterrupted and efficient Gas service to the City and its Residents. I ~ 10. OBLIGATIONS REGARDING COMPANY FACILITIES: ' k~ ~ r (A) All work by the Company shall be done; ! t 1. In a good workmanlike manner, 2, In a timely and expeditious manner, 3. In a manner which minimizes inconvenience to the Residents, 4. In a cost-effective manner, and c rmm.f ttwrn,.. a u w n r 8 1 I i 3. In accordance with all applicable codes, rules and regulations of the City and the P. Aroad Commission. (I3) Company Facilities shall not interfere with power, telephone, cable or water Facilities, sanitary or storm sewer Facilities or other municipal or public use of public streets and Public Easements. Company Facilities shall be installed and maintained so as to minimize interference with other property, trees, improvements and natural features. (C) The Company shall promptly repair all damage caused by Company activities or Facilities. If such damage poses threat to health, safety or welfare of the public or Residents, the City may cause repairs to be made at the Company's expense unless the Company makes such repairs promptly upon the City's request. (D) The installation, repair, maintenance, and replacement of any Facilities in public streets and public easements by the Company shall be subject to inspection and approval by the City. Such inspection and approval may include, but not be limited to the following matters: location of Facilities in public streets and Public Fasemen1% cutting and trimming of trees and shrubs, and disturbances d pavements, sidewalks and surfaces of public streets and Public Easements. The Company agrees to cooperate fully with the City in conducting the inspection. The Company shall promptly perform reasonable remedial action required by the City pursuant to such an inspection. (E) The Company shall require its contractors working in public streets and Public Easements to hold all necessary contracting licenses and permits required by the City, (F) The Company shall reimburse the City for the costs of upgrading the Gas distribution system or facility of any City building or facility that uses Gas where such upgrading is caused or occasioned by the Company's decision to increase the detiverability and'orpressure of delivered Gas. it. LONG RANGE PLANNING FOP CAPITAL IMPROVEMENT PROJECTS; (A) The Company shall keep the City informed as to existing and planned system capacity, construction, maintenance and other activities of the Company within the City. Regular planning and coordination meetings will be held. Representatives of the Company and the City shall meet at least ` annually to discuss long term planning for capital improvement projects contemplated by each. The Company shall include within its capital improvement projects the plans of the City relating to same. The Company shall submit reports of long-term planning for capital improvement projects. Nscriplions of required street cuts, excavation, digging and related construction activities, including without limitation, copies of work plans and drawings should be submitted to the City within thirty days a^er issuance of the report, Except for emergencies, the Company shall coordinate all installations with tip City's capital improvement programs. Company shall not proceed with construction until the plans and drawings have been approved by the City. Within GO days after the City Council adopts the City budget for the following year, the City shall forward, in writing, a list of the improvement projects (including street widening projec(s, street overlay projects, bridge improvement projects, new street construction projects, drainage improvement projects, and park Improvement projects) which ere included in the adopted budget. Within 60 days of receipt of the City's list of improvement projects the Company shall make available information regarding each City project within the public streets and Public Easements that identifies and generally describes the existing and anticipated Company Facilities that are or may be within or cross through the project boundaries, Said Information shall; (1) identify the size, type and general ideation of any existing Company facility, (2) address the current condition of ony existing Company facility (e.g t capacity, integrity, expected service life, eta): (3) identify any scheduled or t river: v,, n.t (.9n flea 9 anticipated upgrades, repairs or replacements of any existing Company facility: (4) identify generally what activities will be required to be performed by the Company in order to accommodate the City project and the necessary time frame for completion of such activities: and (5) provide any other reasonable information that may be pertinent. (B) The City and the Company shall designate to each other their respective officials to serve as their representative for coordination of this exchange of irformation and planning on any such project, Construction, installation, maintenance, alteration or replacement of the Company's Facilities resulting from the City's improvement projects shall be perfo:meJ at the Company's expense. 12. CITY REVIEW OF CONSTRUCTION AND DESIGN: (A) Except for emergencies, the Company shall advise the City at least thirty (30) days prior to any major construction. The Company shall provide the initial work plans and drawings for the proposed construction. In addition, the Company shall assess and report on the impact of its proposed construction on the City environment. Such plans and reports may be reviewed by the City to ensure that, among other items, (1) aesthetic and good planning principles have been given due consideration, (2) adverse impact on the environment has been minimized, and (3) that all applicable laws including building and zoning codes and air and water pollution regulations are complied with. Changes requested by the City shall be incorporated into the Company's construction. (B) Upon request of the City, Company shall remove and abate any portion of the Facilities that is dangerous to life or property, and in case Company, after notice, fails or refuses to act, the City may remove or abate the some, at the sole cost and expense of Company, all without compensation or liability for damages to the Company, (C) Company shall promptly restore the public streets, Public Easements and private property to their condition prior to Company's construction, maintenance or excavation, to the satisfaction of the City consistent with their existing City codes cnd specifications. (D) Company shall excavate only for the construction, installation, expansion, repair, removal, and maintenance of all or a portion of the Facilities. (Fi) Except in an emergency, Company shall not excavate in any public street or Public Easement without first becuring permission of the city and all applicable permits at least 24 hours prior to initiation of excavation. Such work shall be performed to minimize interference with the use of Public Easements and public streets, The City shall be notified as soon as practicable regarding work performed under emergency conditions. O ) Within thirty (30) days of completion of the Company's construction of Facilities, Company shall supply the City with a complete set of "as built" drawings for that segment. Further, after each replacement, relocation, reconstruction, or removal Company shall promptly notify the City of the exact changes made and shall provide a new set of "as built" drawings for each modification to the Facilities. i 6 Company shall provide annually a complete set of as-built drawings incorporating these changes. (Cr) Company shall be capable of providing services to the City no later than nine (4) months after the passage of this Franchise ordinance. Company shall promptly provide the City with evidence satisfactory to the City, including without limitation "as-butte" drawings, establishing that these requirements have been met, ~wwq,w ~ t[ 4fc,Sn O~ i1 b NM 10 t 13. REQUESTS BY CITY FOR RELOCATION OF COMPANY FACILITIES: (A) If at any time the City requests the Company to relocate any facility installed or maintained in public streets or Public Easements, pursuant to this Franchise or previous Franchises, in order to permit the City: I, to snake any public use of public streets or Public Eusemenls, 2 to construct any public improvement, 3. to build any public project, or 4. to pursue any municipal purpose in which the City has a financial or ownership interest; Such relocation shall be made by the Company at its expense within a reasonable period of time not to exceed forty-five (45) days after notice of request from City unless otherwise specifically agreed to by the city. (B) As and when requested by the City, representatives of the City and the Company shall meet to share information regarding anticipated City projects which will require relocation of Company Facilities. Such meetings shall be for the purpose of providing the City with the estimated time table within which the involved Company Facilities shall be relocated, including an anticipated start date (within a thirty day window), so as to facilitate coordination with the time table to be established by the City for completion of the City project. (C) Whenever by reason of the changes in the grade of any street or in the location or the manner of constructing any water pipes, sewers, electric lines, or any other underground or overhead structure for any purpose whatever, it shall be deemed necessary by the City to alter, change, adapt or onform the Facilities thereto, sucl alterations or changes shall be promptly made by the Company when requested by the City, without clain for reimbursement or damages against the City. (D) to the event that Company has not relocated those of its affected Facilities which are located in a public street or Public Easement within it reasonable length of time as determined by the City prior to the City's commencement date for public street or Public Easement construction, the City shall have the right to relocate or cause to be relocated the affected portion of Company's Facilities and the Company shall reimburse the City for all costs of relocation within ten (I0) days of the City's billing to the Company. (U) Following relocation, all property shall be restored to substantially its former condition by the Company at its expense in accordance with then existing City codes and specifications. (F) Nothing herein contained shall be construed to impose any obligation upon the City to make any payment for any relocation of the Company's Facilities, (0) Relocated underground Facilities shall be under ground. Relocated aboveground Facilities shall be above ground unless specified otherwise by the City. r' 14. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENT: The City reserves the right to lay and permit to be laid, electric power, sewer, Gas, water, and other pipe lines or cables and conduits, and to do and permit to be done, any underground and overhead work that may be deemed necessary or proper by the City in, across, along, over and under any public street or Public Easement occupied by Company, and to change any curb or sidewalk or the grade of any street. In r wlNd)WI RMI[ofw•d II>twY II f c 0 permitting such work to be done, the City, its officers or employees, shall not be liable to Company for any damages caused by the negligence of the City, its officers or employees; providing, however, nothing herein shall relieve any other person or entity from liability for damage to Company's Facilities. Any work done by any person or entity other than City, its officers or employees, shall be performed in a safe and workmanlike manner so as to minimize the risk of damage o Company's Facilities. 15. CHANGING BOUNDARIES OF CITY AND ABANDONMENT: (A) If, during the term of this Franchise, the boundaries of the Ci,y are expanded from time to time, the Company shall extend its existing main lines, if any, in the area c f expansion 100 feet at Company's expense if residents of the newly incorporated areas will use gas appliances. Company may require contributions in aid of construction for other extensions. Service to newly expanded areas in accordance with the terms of this Fran.1ilse, including without limitation, psymem of Franchise fee. and other fees and payments provided herein. (B) In the event that the City shall close or abandon any public !reet or Public Easement which contains any portion of Company's Facilities, any conveyance of land contained in such closed or abandoned public streets of Public Easement shall be subject to the rights herein granted. 16, CITY NOT REQUIRED TO ADVANCE FU^DS: Upon receipt of the City's authorization for billing and construction, the Company shall extend its Facilities to provide Gas for municipal uses within the City or for any major municipal facility outside the City limits without requiring the City to advance funds prior to construction. 17. TEC'INOLOGICAL IMPROVEMPNTS: (A) The Company shall generally introduce and install, as soon as practicable, technological advances in its equipment and service within the City when such advances are technically and economically feasible and are safe and beneficial to the City and its Residents. Upon request. the Company shall review and promptly report advances which have occurred in the Gas utility industry that have been incorporated into the Company's operations in the City in the previous year or will i)e so incorporated in the six 1 months following the City's request. (B) The Company shall repot in advance to the City any plans to Include technological advances which may utilize Gas Facilities already in place, which may be installed by the Company for its use, the use of the city, or for use of others as the city may license, The City may use said Facilities for its own use without cos', except such additional expense which may be incurred by the Company as a result orthe City's use. In no event shall the C,!y's use materially impair the Company s ability to use its own Facilities for the purposes specified herein, Upon request or the City, the Company will provide a detailed repot for the use or such technological advances. Nothing contained herein shall be construed to authorize the Company to engage in activities other than Gas sales and transportation for service to the City and its ; Residents, ! j 19. ('11 Y RULES AND REGULATIONS: (A) The City expressly reserves, and the Company expressly recognizes, the City's right and duty to adopt, from time to time, in addition to the provisions herein contained, such cost of service, cost of Gas, t W1Wid»9ItMM 1I4~ILR 11Y 1 ! I a I charter provisions, ordinances, rules and regulations as the City deems necessary. (B) The construction, expansion, reconstruction, excavation, use, mainicrnance, repair and operation of the Facilities shall be subject to ell laws, rules and regulatiuns of the City, including without limitation police, building code, and safety code regulations as they may be amended from time to time, The Company shall comply with the same, (C) At a reasonable time and for a reasonable purpose, the City may: I , inspect, or cause to be inspec led, the books and records of Company, 2. Inventory and appraise or cause to be inventoried or appraised the Facilities of Company within the City, 3. compel the attendance of witnesses and the production of books and records. 19. COMPLIANCE WITH CITY AND RAILROAD COMMISSION QUALITY SPECIFICATIONS AND REGULATIONS: (A) The Gas which the Company sells and transports shall conform with the specifications promulgated by the City, as the same may be amended from time to time. The City shall have access to all records and Facilities of the Company to monitor compliance with such specifications. (B) Prior to final adoption by the City of this Franchise ordinance, the Company shall file with the City and Railroad Commission such amendments to its tariffs as may be necessary to make its tariff provisions compatible with the provisions of the ordinance, and shall report to the City any changes that have been made for this purpose. (C) The Company shall file with the City all tariffs, rules, regulations and policies under consideration in addition to those approved by the City Council, by the Railroad Commission relating to the Facilities and operations in the City, any matters affecting the use of public streets and Public Easements, or this Franchise. The Company shall provide the City with a copy of filings it makes with the Railroad Commission affecting the some. In addition, the Company will provide the City copies of the Company's most recent annual report, and all petitions, non-privileged communication reports, non- privileged advice letters, audits, complaints and applications together with supporting pro-filed testimony and exhibits filed by the Company or third parties with the Railroad Commission that relate to the City or this franchise. 20. COMPLIANCE 1i'II'll ENVIRONMENTAL LAWS: Company shall take such measures which will result in its Facilities meeting the standards required by b applicable federal, state and envuoamental laws. The Company will provide the City with status reports / N r of such measures 21. OFFICE LOCATION: Company shall maintain an office and provide local and toll free lelcphone number, which shall provide C MMbuwl t[WC,1n h,l,s,lr 13 t I~ prompt, reasonable responses to Residents' service requests. Company shall provide a 24-hour toll free telephone number for emergency use. Company shall always keep and maintain its book.., records, contracts, accounts, documents and papers and shall make them available for inspection by City officials and employees upon request, 22. REPORTS ON COMPANY OPERATICWS AND ACTIVITIES; (A) The Company shall submit reports and information to the City in the mi naer and form prescribed by the Railroad Commission, or its successor, except as otherwise provided aetein. L Upon the City's request, the Company and the City shall meet to share information regarding excavations In public streets, Public Easements, and other public properties made by the Company within the City. Inromvtion shared shall include: a, Exact locations of excavations b. Date(s) excavating made c. City permit number d, contractor e. Purpose j f. Cost I 2, Should Company transport Gas within the City on behalf of third parties including affiliates, Company shall notiry the City of the shipper's name, address, telephone number, volume transported, d nation of transport arrangement, transport fee and such other information requested by City rrom time to time, but in no event tater than 72 hours prior to initial deliveries. 23. DFTA?LED BILLS; I All bills sent to the City by the Company shall include all information requested by the City including without limitation account number, address and items metered and they shall specify the type of account for which charges are made for Gas service. The Company shall provide the City annually with a complete listing of all the City's accounts. 24, C'iTY IIELD HARMLESS ANDINDEMNIFIED: (A) The Company shall construct, maintain and operte its Facilities in it manner which provides, reasonable protection against injury or damage to persons or property. (B) Notwithstanding any other provision of this Franchise, Company (the "Indemnitor") r i 4 acknowledges its primary responsibility for the day-to-day operation of its Facilities in full accordance with the terms of the Franchise. The Indemnifor covenants, warrants tad represents that Company will r ! \ conduct, operafe and manage its business and affairs in compliance with all Federal and state laws and all rules and regulations, in addition to all of the terms, requirements and provisions of this Franchise. THE INDESINITOR AGREES TO DEFEND, INDEMNIFY AND HOLD CITY, ITS OFFICERS, AGENTS AND EAIPLOVEFS FULLY HARMLESS AGAINST ANY AND ALL CLAIMS r wi"n! w. nwrr.~s. c. u n w r 1 I4 1 1 I a INCLUDING ENVIRONMENTAL CLAIMS, THAT MAY ARISE FROM OR BE OCCASIONED BY ANY ]INTENTIONAL, WILLFUL, NEGLIGENT OR STRICTLY LIABLE VIOLATION (CIVIL OR CRIMINAL) OF A FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION BY THE INDEMNITOR, OR BY ANY PERSON OR FIRM HIRED BY OR CONTRACTING WITH THE INDEMNITOR, OR IN THE OPERATION OR MAINTENANCE OF INDEMN'ITORS FACILITIES. THE INDEMN'ITOR SHALL FULLY REIMBURSE CITY FOR ALL PENALTIES, FINES, FEES, COSTS, EXPENSES, DAMAGE SETTLEMENTS OR JUDGEMENTS INCURRED OR PAID BY CITY AS A RESULT OF ANY OF THE INDEMNITOR'S VIOLATIONS DESCRIBED ABOVE. If (C) Nothing herein contained shall be construed as an acknowledgment by the parties that the Company, in exercising its rights and obligations under this Franchise, is an entity controlled by, subject to the control of or acting on behal f of the City. (D) In the event the City institutes litigation against the Company for a breach of this Franchise or for an interpretation of the Franchise, and the City is the prevailing party, the Company Shall reimburse the City for all costs related thereto, including without limitation court costs and reasonable attorney's fees. None of the City's costs reimbursed by the Company under this Section shall be surcharged by the Company. 25. NOTICE TO COMPANY: (A) Promptly after receipt by as Indemnitee of any claim or n,)lice of the commencement of any action, administrative or legal proceeding, or investigation as to which the Indemnity provided for in the above Section hereof ni.ay apply, the Indemnitee shall notify the Company in writing of Such fact. Company shall assume the defense thereof with counsel designated by Company and satisfactory to the Indemnitee. (B) Should an Indemnitee be entitled to indemnification under the above Section as a result of a claim by a third party, and Company fails to assume the defense of such claim, the Indemnitee will, at the expense of company, contest (or, with the prior written consent of Company, settle) such third party claim. 26, INSURANCE: (A) Company shall obtain and maintain in full force and effect throughout the term of this franchise ordinance, and any extension or renewal thereof, insurance with an insurance company approved to do business in the State of Texas and acceptable to the City's Risk Manager which conforms to the requirements set forth herein below. The insurance shall be insured In the standard form approved by the A Texas Department of Insurance and shall meet the requirements set forth herein below. Company shall provide the City's Risk Manager with proof or such insurance so required at the time of filing the acceptance of franchise. The City mserves fie right to review these insurance requirements during the effective period of the franchise ordinance, vtd any extension or renewal thereof, and to adjust insurance coverage and their limits when deemed necessary and prudent by the City's Risk Manager based upon changes in statutury law, court decisions or the claims history of the industry, as well as Company. t ~mniw, n.wrr.en n. nw.a►. ib t y, i- (13) S abject to Company's right to maintain deductibles in such amounts as are approved by the City s Risk Manager, Company shall obtain and maintain in full force and effect fat the duration of this franchise ordinance, and any extensioat or renewal thereof, al Company's sole exp, rase, insurance policy coverage in the following type(s) and minimum amounts: FA4Jfj Iffi QHMAIM IM "Wig 1. Workers' Compensation and Statutory Employers Liability S100,000J500,000/100,000 2. Commercial general (public) Combin%:d single limit for Liability insurance including: bodily injury and property damage of $ 10,000,000 per (i) All premises/opentions occurrence of its equivalent (ii) independent contracton (iii) Products/completed operations (iv) Personal rk advertising Injury (v) Contractual liability (no limitations) (vi) Explosion, collapse and underground hazards 3. Comprehensive Automobile Ccmtbined single limit for ! Liability insurance, including bodily injury and property coverage for loading and unloadinS damage of S 1,000,000 per hazards, tot: occurrence or its equivalent (i) Owned/leased automobiles (ii) Non-owned automobiles (iii) Hired automobiles rwramvtn,eca.. a.us■w 1t e 1 I FACILITIES MAINTE ANCF REPAIR ANDIOR CONSTRUCTION I= 6WOM 1. Workers' Compensation and Statutory Employers Liability S500,0M,500,000/$00,000 2. Commercial General (public) Combined single limit for Liability insurance including: bodily injury and propety damage of S I0,000,0W per (i) All premises~operations occurrence or its equivalent (ii) Independentcontractors ` (iii) Products/completed operations !I (iv) Personal do advertising injury (v) Contractual liability (no limitations) 4 (vi) Explosion, collapse and k underground hazards t 3. Comprehensive Automobile Combined single limit I'a Liability insurance, including bodily injury and properly coverage for loading and unloading damage of 51,000,000 per hazards, for: occurrence or its equivalent (i) Ownedleased automobiles (ii) Non-owned automobiles (iii) ]tired automobiles (e) The City fall be entitled, upon request and without expense, to receive eo•,'es of the policies and all endorsements hereto. The City rnsy make any reasonable requests for deletion, revision or modifice'ion of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either City or Company or upon the underwtiter for any of such policies. Uprni request for deletion, revision or modification by the City, Company shall exercise reasonable efforts to accomplish the changes in policy coverages, end shall pay the cost thereof. (d) Company agrees that with respect to the above required insurance, all insurance contracts will contain the following required provisions: 1. Name the City and its officers, employees, board members and elected representatives u additional insureds (as the interests of each insured may appear) as to all applicable coverage; t (A'-"~ ' 2. Provide for thirty (30) days notice to the City for cancellation, non-renewal, ar materiel change at the address shown below by registered or certified mail; 3. Company agrees to waive subrogation against the City, its offi:ers and employees, for personal injuries (including death), property damage or any other loss; 4. Provide that all provisions of the franchise ordinance, as amended, concerning liability, , wrvl~Wf tLMhfn ]Y Ilplp41 17 r duty, and standard of care, including Indemnity, contractual liability coverage :efficient to include such obligations within applicable policies; and 5. Provide that the "other insurance" clause shall not apply to the City where City is an additional insured shown on the policy. (e) Company shall notify City in the event of any changes in coverage and shall give such notices not less than thirty (30) days prior to the cliange, which notice must be accompani-d by a replacement Certificate of Insurance. All notices shall be given to Cite at the following addresses: City Manager City of Denton 215 L. McKinney j Denton, 'Texas 76201 1 (q Company shall immediately advise the City Risk Manager of any actual or potential litigation that may develop that would a(leet this insurance (g) Insurers shall have no right of recovery against the City, it being the intention that the insurance policies shall protect Company and the City and shall be primary coverage for all losses covered by the policies. (h) Companies issuing the insurance policies shall have no recourse against the City for payment of any premiums or assessments which are the sole responsibility of Company. (1) 1. Without limiting any of the other obligations or liabilities of Company, Company shall require each subcontractor performing work under the franchise ordinance to maintain, at the subcontractor's own expense, during the term of the franchise ordinance, the same stipulated minimum insutance, including the required provisions and additional policy conditions as shown in (b) above, As an alternative, Company may include its subcontractors as additional insureds an its own coverage as prescribed under these requirements (except for worker's compensation I insurance, which the subcontractors must separately obtain), Company's certificate of insurance shall note in the event that the subcontractors are inclu,kd as addition insureds. 2, Company shall obtain and mcnitor the certificates of insurance from each subcontractor in order to assure compliance with the insurance requirements. Company must retain the certificates of insurance for the durstion of this Franchise, and shall have the responsibility of enforcing these insurance requirements among its subcontractors. The City shall be entitled, upon request and without expense, to receive copies ofthese certificates. r 0) Approval, disapproval or failure to act by the City regarding any insurance supplied by Company or f ti its subcontractors shall not relieve Company of full responsibility or liability for damages and recidents as set forth in this Franchise. Neither she;! bankruptcy, insolvency or denial of liability by the insurance company exonerate Company from liability. < AN . CAI R4"<n"r INA U me" 1E t; r. I t (k) Company may self-insure to the extent permitted by applicable law under any plan of self- insurance, maintained in accordance with sound accounting practices, against risks described in this section and shall not be required to maintain insurance; provided that Company furnishes the City satisfactory evidence of the existence of an insurance reserve adequate for the risks covered by such plan or sel r- insurance. (1) Company shall provide the City with evidence of the form and basis for it rirance coverages or self insurance prior to the effective date of this franchise ordinance. Should Comps, y elect to change the form or basis of insurance during the tern of this Franchise, Company shall not Q tho City. Company shall provide all documentation necessary for review by the City of the changed circumstances of Company. Company shall not undertake any activity requiring Insurance pursuant to this franchise ordinance, until receiving written confirmation from the City that the requirements contained in this section have been met. Failure to comply with 11-is provision may result in the immediate Lamination of this franchise ordinance. 27. BONDS: 1 (A) Company shall obtain and maintain, at its sole cost and expense, and file with the City Secretary pr: n to the commencement of any construction authorized by this franchise, a corporate surety bond with a surety Company authorized to do business In the State of Texas and in accordance with Section 2:,.imi I of the Texas Government Code in the amount of One Hundred Thouswid Dollars ($100,000.00) to guarantee Company's paforrnance for the construction of Company's facilities. The bond may be adjusted in subsequent years In accordance with Construction Projections in the Exhibit attached to 23% of the projected construction ensts, but in no event less than $25,000. B) The rights reserved to the City with respect to the bond are in addition to all other rights of the City, whether resmed by this Franchise ordinance or authorized by law; and no action, proceeding or exercise era right with respect to such bond shall affect any other rights the City may have, 28. PAYMENT OF EXPENSE'S INCURRED BY CITY IN RELATION TO ORDINANCE: (A) At the City's option, the Company shall pay in advance or reimburse the City for expenses incurred in any proposed transfer of the Franchise Including, without limitation attorney's fees, consultants' fce+. publication of notices and ordinances and for photocopying of documents arising form the negotiation of this Franchise. (B) Al City expenses reimbursed by the Company under this section shall not be surcharged by the Company, lit A 29. RIGIIT OF FIRST PURCHASE: (A) In the event the Company at any time during the term of the Fronchi u proposes to sell or dispose of any of its Facilities located within the City, it shall grant to the City the right of first purchase of sama. The Company shall obtain a qualified appraisal on any such Facilities and the City shall have sixty days from the time such appraisal is provided to the City In which to exercise the right of first purchase by r vwx,or rtwrnr. n.uwa 14 c t I giving written notice io the Company, Should the City not provide the required written notice, the Cr,mpany may proceed to negotiate with others for the sale of such Facilities provided that the Company may not sell such Facilities for an amount less than 95 percent of the appraised value without first providing the City an opportunity to purchase such properly at such lesser price, in which event the City n.dst notify, the Company in wTiting within 30 days if wishes to purchase such Facilities. (8) Upon the exercise of the Citys option to purchase, other than under subsection (A) above, the parties shall negotiate In V rud faith to determine a mutually acceptable purchase price. No v-a!iie shall be given to the Franchise or to public right-of-way. (C) Notwithstanding anything .n to the contrary, if the City and the Company cannot reach agreement as to the purchase price or acceptable payment terms within ninety (90) days after commencement of negotiations, the City may commence condemnation prrceedings, and each party shall have rights providrd by law relating to condemnation, provided, however, no award shall be made for the value of the Franchise or public right-of•way, 30. CITY'S RIGIl t TO PURCHASE OR CONDEMN: Company agrees, acknowledges, and affirms City's right to construct, purchase or condemn any public utility works, Facilities or rights-of-ways of the Company is hereby expressly reserved. (A) In the event the City exercises its option to purchase or condemn, the Company agrees that it, at the City's request, will continue to provide the services it provides under th;s Ordinance until further J notified otherwise by the City, 1 ((1) The Company shall cooperate with the City by making available the existing pertinent Company records to enable the City to evaluate the feasibility of acquisition by the City of Company Facilities. k (C) the Company shall take no action which could inhibit the City's ability to effectively or efficicnt:y use the acquired Facilities. (D) At the City's request, the Company shall supply Gas for use by the City in the City-owed Facilities according to Company's latest approved tariff. 31. LIMITATIONS OF COMPANY REMOVAL OF FACILITIES: (A) In the event this Franchise in not renewed at the expiration of its term, is forfeited, or the Com,uny terminates any service provivied herein for any reason whatsoever, and the Ciy has not 1 purchased or condemned the Facilities end has not provided for alternative Gas service, the Company A,' shall not remove the Facilities pending resolution of the disposition of the Facilities. The Company further agrees it will nut withhold any temporary services necessary to protect the public and shall be entitled only to monetary compensation In no greater amount than to which it would have been entitled were such services provided during the term of this Franchise. Only upon receipt of written notice from the City stating that the City has adequate aitcmative Gas sources and delivery systems to provide for the Residents or the City shall the Company be entitled to remove any or all of the Facilities In use under the C YMIYfY'! RMIfdY.M Il p!f Y 20 • I I b I cI A terms of this Franchise. (B) Upon request from the City and within a reasonable time, the Company, at its expense, shall remove from t11e public streets easemk:rats and other public properties the above ground distribution Facilitl:1 belonging to the Company which are not otherwise purchased by the City at the terminar:on of the Fnncaise. All property affected by such removal shall be restored by the Company to st:bstanti"ly its former condition after said removal. 32. TRANSPORTATION AND PROCUREMENT OF GAS BY CITY: the City expressly reserves the right to procure, transport and resell Gas. If requested by the City the Company shall transport Gas purchased by the City ti:*ough its Facilities for use by the City In its Facilities and/or its Residents pursuant to separate transportation contracts with the City and In accordance with Grantee's tariffs. i 33. CURTAILMENT: 3 The Company shall not curtail Gas deliveries except in compliance with the Company's curtailment plan approved by the Railroad Commission. 34. ::NALTIES: For the violation of any orthe following provisions of this Franchise, penalties shall be paid by Company within ten days of assessment by City Resolution in addition to any other rights or remedies the City may have at law or In equity: (A) For failure to complete construction In accordance with agreed plans, unless the City , specifical ly approves the delay, Company shall pay Two I fundred Dollars ($200.00) per day for each day, or part thereof, that the failure continues, (B) For failure to provide data, documents, reports, informeticn or to cooperate with City during an audit, Company shall pay Two Hundred Dollars ($200.00) per day for each day the violation occurs or W continues. (C) For failure to comply with any financial obligation required herein, Company shall pay to City 'Two Hundred Dollars ($200.00) per day for each day, or part thereof, that such noncompliance continues, (D) For failure of company to comply with operational or maintenance standards, Company shall pay to City Two Dtundred Dollars ($200.00) per day for each day, or part thereof, that such Al noncompliance continues. f ( Al• G (E) For failure to provide in a continuing manner the services specified herein, Company shall pay Two Hundred Dot lays ($200.00) per day for each day, or part thetvof, that each noncompliance continues. (F) City will not adopt resolution prior to consideration at a public hearing presided over by City's C W IvfngR,l1(.!n d 11 A 11 M 21 t I P governing body, setting forth alleged failures complained of and allowance of company to respond to alleged failures. Company to receive thirty (30) days written notice of failures complained of and thirty (30) days written notice of the public hearing dale and time to consider adoption of resolution. (G) Should the new Lone Star Gas Franchise result in an increase in the franchise fee to 4%, then per Section 4(A) this franchise Increases as well and the daily civil penalty in subsection (A) tl,rough (E) shall be reduced to Si00. If Lone Star's franchise fee does not increase but its penalty is reduced below $200, then ihis penalty provision will k adjusted accordingly. 35. rORECLOSURE; Immediately upon Company receiving notice or knowledge of attempt to foreclose, foreclosure proceedings or other judicial action pertaining to all or a substantial pail of the Facilities, or upon the termination of any )ease covering all or a substantial part of the Facilities, the Company shall notify the City of such fact, and such notilictflon shall be treated as a notification that a change In ownership of the Company has taken place, and the provisions of this Franchise govemirg the consent of the city to such change In ownership of the Company shall apply. 36. FORFEITURE AND TERMINATION; I (A) In addition to all other rights and Cowen retained by the City under this Franchise or otherwise, the City reserves the right to forfeit and terminate the Franchise and all rights and privileges of the Company here-rider In the event of a breach of its terms and conditions. A breach by Company shall incbide, t,td 0 111 not be limited to, the following I. Repeated violation of any provision of the Franchise or any rule, order, regulation or determination of the City made pursuant to the Franchise after receipt of written notice from City; 2, Attempt to dispose of any of the Facilities or property of its Facilities or real property to prevent the City from purchasing it, as provided for herein; 3. Attempt to evade any provision of the Franchise or to practice any fraud or deceit upon the City or its Residents; 4. Failure to begin or complete Gas facility construction and/or extension as agreed to with the City; S. Repeated failure to provide t}t: services set forth In the Franchise; 6. Repeated failure to restore service after 48 consecutive hours of interrupted service, except when approval of such Interrupti„n is obtained from the City or "force majure" exists; or 7. Material :nisreprescntation of fact In the application for or negotiationof the Franchise. S. Conviction of any director, officer, employee, or agent of the Company of the offense of briLery or fraud connected with or resulting fr m the swarding of this Franchise to the Company. (IS) the foregoing shall not constitute a breach If the violation occurs without fault of the Company or occurs as a result of circumstances beyond its control which ould not have been Avoided as a result of r ~ rani, n~nr,f.. a i Iw w 22 C' t. I the exercise of reasonable cue. Company shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors or officers. (C) The City Council retains the right to terminate this Franchise ordinance, Company's use of the public streets or Public Easements is inconsistent with the public use or whenever the Company's use has become a nuisance. (D) The City may mike a written demand that the Company comply with any such provision, rule, order, or determination under or pursuant to this Franchise. If the violation by the Company continues for a period of thirty (30) days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the City may take under consideration, at a public hearing presided over by the City's governing body, the Issue of termination of the. Franchise. The City shall cause to be served upon Company, at least thirty (30) days prior to the date of such a hearing, a written notice of intent to request such termination and the time and place of the hearing. Public notice shall be given of the hearing and the Issue which the City is to consider. (E) The City shall heu and consider the issue and shall hear any person interested therein. City ouncil thereafter shall determine whether or not any violation by the Company has occurred. (F) If the .ity shall determine that the violation by the Company was the fault of Company and within its control and could not have been avoided with exercise of reasonable care, the City may declare the Franchise of the Company forfeited and terminated, or the Council may grant to Company a period for cornplian.e. 37. OTI I F.R LEGAL REMEDIESIRIGHT Or APPEAL: (A) Neither the City nor the Company by accepting this Ordinance waives its right to seek all appropriate legal and equitable remedies as allowed by law upon violation of the terms of this Ordinance by the other party, including seeking injunctive relief in a court of competent jurisdiction. Such right to seek injunctive relief is expressly reserved and all terms and provisions hereof shall be enforceable through injunctive relief. (9) Nothing herein shall be deemed to constitute a waiver, release, or relinquishment of the City's or the Grantee's right to contest or appeal any action or decision of the other party made contrary to any federal, state or local law, rule or regulation. 38. NO WAIVER: Neither the City nor the Company shall be excused from complying with any of the terms and conditions of [his Franchise by am failure of the other, or any of its officers, employers, or agents, upon any one or more occasions to inst,t upon or • c..hpliance with any such terms and conditions. 39. SUCCES'iORS AND ASSIGNS: t YMM,vt ttMM11M11bMM 23 o I I The rights, privileges, and obligations granted and contained in this Franchise shall Inure to the benefit of and be binding upon the Company, its successors and assigns. 40. REPRESENTATIVES AND NOTICES: (A) Upon request by the City, the Company shall provide annually to the City a current chain of command chart showing all managers and supervisors, along with their names, titles, addresses, telephone numbers, up to the Chief Executive Officer of the Company, who have responsibility for providing services within the City. (B) All notices, including communications and statements which are required or permitted under the terms of this Agreement, shall be in writing, and evidenced by receipt. Service of a notice may be accomplished by personal service, registered or certified mail (postage prepaid) or reputable overnight courier xernice. Notices shall be som to the Parties at the following addresses: 1. City: City Manager city of Denton 215 E. McKinney Denton, 'Texas 76201 2, Company: Director of Regulatory Affairs CoServ Gas 3501 FM 2181 Corinth, Texas 76205 From time to time City and Company each may designate a new address for itself for purpose of notice hereunder by written notice to the other duty given as provided herein. 41. SEVERABDLITV: Should ray one or more provisions of this Franchise be determined to be illegal or unenforceable, all other provisions netrrlheless sihdl remain effective, provide, however, the parties shall forwith enter Into good faith negotiations and proceed with due diligence to drsfl a term that will achieve the original intent of the parties hereunder. 42. ENTIRE AGREEMENT: t` This Franchise constitutes the entire sgreement of the parties. There have been no representations made e •ro~.rteMrea.. a. a wwr, 24 i other than those contained in this Franchise, 43. COMPANY APPROVAL: The Company shall file with City Mat,iget written approval of this Franchise and of ail of its terms and provisions at least ten days prior to the City Council meeting at which the ordinance granting the Franchke is to be approved. 44. ANNEXATION TO THE CITY: When any property owned by the Company becomes eligible for voluntary annexation to the City and is not simultaneously eligible for voluntary annexation to another munteipal corporation, the Company shall petition to annex the same upon request made by the City, provided that no condition of such annexation shall impair the Company's ownership or then existing use of its property. Except as herein provided, the Company agrees to meet all terms and conditions imposed upon the annexation by the City that are no more stringent than those Imposed generally upon property owners seeking annexation of their land to the City. The Company shall be exempted from a public donation of land, money or water rights arising from such mandatory annexation under this section to the extent that the land being annexed is committed, dedicated and being utilized by Facilities directly Involved in transporting or distributing Gas under this ordinance, and provided further that sold exemption from public donation shall not extend to any unimproved land or land not fo committed, dedicated and currently used. 45. 1111 RD PARTIES: Nothin j contained in this Franchise shall be construed to provide rights to third parties, I 46, COMPLIANCE WITH CITY CHARTER: Company recognizes, accepts and agrees that the terms, conditions and provisions of this Franchise are subject to the applicable provisions of the City Charter. Any request by Company for a modification to this Franchise shall be subject to a review by the City Attorney for compliance with the applicable provisions of the City Charter. 47. APPLICATION OF TERMS IN COMPETING FRANCHISES The terms of this Franchise which are not contained in the franchise of any entity obtaining or renewing a franchise for gas within City from and after January 1, 1999 shall be unenforceable. To the extent terms more favorable to the franchisee are contained in another franchise for gas obtained or renewed by the City from and after January 1, 1999, such terms shall be applicable to Company as if contained herein and shall control over the terms contained f r herein 48. EFFECTIVE DATE: This Franchise ordinance shall take effect immediately from and after its passage and acceptance in (r!Vl,tr{ RMIG1n Or I1 b A M 13 .ter ~l sl , 1 I accordance with the provisions or the Charter of the City and it is accordingly to ordained, PASSED AND APPROVED this the day or-, .19--l MAYOR Council Member Council Member Council Member r Council Member Council Member Counci I Member ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY A' 4C, f f MMbOMf tYM{'11r IAl llf111 26 l u I II I The above and f xegoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the day of 19at a regular session of the City Council. Mayor, voting Council Member, voting Council Member, voting _ Council Member, voting Council Member, voting Council Member, voting Council Member, voting The above and foregoing ordinance rrad, adopted on second reading and passed by the following votes, this the day of at a regular session of the City Council. Mayor, voting _ Council Member, voting Council Member, voting Council Member, voting _ R Council Member, voting ' Council Member, voting Council Mcnibm voting i STATE OF TEXAS a 4 COUNTYOFDENTON ¢ 1, . City Secretary of the city or rknton, Texas, do hereby certify that the above and foregoing Is a true and correct copy of the franchise for gas ordinance between the City of Denton, Texas, and CoServ Gas, an affitiate of Denton County Electric. The same Is now recorded as Ordinance No. of the Ordinance Records of the City of Denton, Texas. ' A" WITNESS MY AND this the day of _ _ A D„ r (Seal) t I City Secretary ~ [ YA.~9M IRM~[Nn d I hM~Y 27 y c ACCEPTANCE WHEREAS, the City Council of the City of Denton, Texas, did on the day of 19 , enact an Ordinance entitled; AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, GRANTS TO COSERV GAS A NON-EXCLUSIVE FRANCHISE TO FURNISH, TRANSPORT, SELL AND DISTRIBUTE OAS TO CUSTOMERS IN DENTON, TEXAS, FOR A PERIOD OF 1 EN (10) YEARS FOR A FRANCHISE FEE IN THE AMOUNT OF 3% OF REVENUES COLLECTED AND PROVIDING DEFINITIONS; PROVIDING A PAYMENT SCHEDULE AND STATEMENT OF REVENUES; PROVIDING FRANCHISE FEE NOT IN LIEU OF OTHER FEES AND CONTRACT OBLIGATIONS; PROVIDING DEPENDABLE GAS SUPPLY AT LOWEST REASONABLE COSTS; PROVIDING OBLIGATIONS REGARDING COMPANY FACILITIES, LONG-RANGE PLANNING FOR CAPITAL IMPROVEMENT PROJECTS, CITY REVIEW OF CONSTRUCTION AND DESIGN, REQUESTS BY CITY FOR RELOCATION OP COMPANY FACILITIES AND WORK BY OTHERS; PROVIDING FOR CHANGING BOUNDARIES OF CITY AND ABANDONMENT; PROVIDING CITY NOT REQUIRED TO ADVANCE FUNS; PROVIDING FOR TECHNOLOGICAL IMPROVEMENTS; PROVIDING FOR COMPLIANCE WITH CITY RULES AND REGULATIONS, RAILROAD COMMISSION SPECIFICATIONS AND REGULATIONS, AND ENVIRONMENTAL LAWS; PROVIDING OFFICE LOCATION, REPORTS ON COMPANY OPERATIONS AND ACTIVITIES AND DETAILED BILLS; PROVIDING CITY HELD HARMLESS AND INDEMNIFICATION, NOTICE TO COMPANY, INSURANCE AND BONDS; PROVIDING PAYMENT OF EXPENSES INCURRED DY CITY IN RELATION TO ORDINANCE; PROVIDING RIGHT OF FIRST PURCHASE, RIGHT TO PURCHASE OR CONDEMN, LIMITATIONS OF COMPANY REMOVAL OF FACILITIES, TRANSPORTATION AND PROCUREMENT OF GAS BY CITY AND CURTAILMENT; PROVIDING CIVIL PENALTIES, FORECLOSURE, FORFEITURE AND TERMINATION AND OTHER LEGAL REMEDIES; PROVIDING NO WAIVER, RIGHTS OF SUCCESSORS AND ASSIGNS, REPRESENTATIVES AND NOTICES, SEVERABILITY, ENTIRE AGREEMENT, COMPANY APPROVAL, ANNEXATION TO THE CITY AND T141RD PARTIES; PROVIDING COMPLIANCE WITH CITY CHARTER AND APPLICATION OF TERMS IN COMPETING FRANCIIISES; AND PROVIDING AN EFFECTIVE DATE; r and W'iIEREAS, said Ordinance was on the day of 19_, duly approved by the Slayor of said city and the seal of said City was thereto affixed and attested by the City Secretary; r wim,«r rtwrnt«. r,. nw w 28 ti NOW, TIIEREI ORE, CoServ Gas, an affiliate of Denton County Electric, hereby In all respects accepts, approves, and agrees to said Ordinance, and same shall constitute and be a binding contractual obligation of CoServ Gas and of the city without waiver crony other rcnxdy by CoServ Gas or the City and files this its written acceptance with the City Secretary of the City of Denton, Texts, in histy office. Dated this day of A D. 19 COSERV OAS, AN AFFILIATE OF DENTON COUNTY ELECTRIC i By: ATTEST; Secretary Acceptance filed In the office of the City Secretary of Denton, Texas, this day of A.D. 19 City Secretary 4 [ VM 19 RR ayrAY 29 • u 14. Frtnot'nt• Dolan Bonds 0.2+01 Donlon (2J a e CoBtrv Out Conohudlon Prolsoont Dtnion FW" 11M "so 1001 sm 1110 1014 2000 1101 FfdcW &M Out Lot# W Year 264 400 276 160 220 100 100 100 am Out Homo pt r Yur 71 IM 276 260 211 100 100 100 Pbnl Co wMlon •DIdll W 4 460 6 146ASO 1247,600 1247,600 i 226A00 1 202,600 6176,M 116W 114,000 Plod M*V ;bn 4AIWdr 1 121060 M S 00 Told Annul Prot Con*v*n 6 11 gam c Owly Cleil"P Cod 11,171 1 11,611 i 111411 1 01,710 1 AM 1 17AN 1 21,761 i 24,100 111,000 ri ~ u m 40 $ Co3ervOts 1 0116!01 c. r FmK-hlsa • De Mai Bonds 0.2/•91 Denton M n e o MIT 1001 2901 2110 2011 1011 1011 2014 1011 2441 7M1 Nis TOW 100 90 0 7,010 1o0 9o 10 To 10 60 34 g0 to to to to 7,010 $10,000 $ 01,000 t WHO t 11,600 + 77,000 0 22.1,11 W400 $11,9a t1S.00 111,0 t11,1o0 MAW $1,a 000 sum 81,000 $ SON 631356 $27,000 INN O OW 116,M $1356 111.92 F3X5 F SAN 1%454,m i 11,010 110100/ 1 Mis i 1460 i 4144 i 11710 1 Vto i $IN$ 1 1,110 t 7,210 a 1,160 17,ao w M b Ap N g COSM(us 7 0.+71A0 t r c, FRONt DEN70N CItV ATICONCY FOX NO.$ 1481427722 12-16-7f 13 ~lf~. F,f= rk M 1912181 clutv ao iath' iksf.76M XWO 61743081115 An 4fDvWM OX04 dbatriD PAX %0497-6m M"44014 134asrnber10.19" Mr. MUMN Eucok MOD Atlernay 215 E MdOnney DaF►bn, TX M201 Dau Mr. BUO* ! Oy Inks kdW. C0%WV Op kftWy aoosyb Ifa draft frardga a dr"AwxWrjW 9, 1 M and ba w*bd by you on that dcb vla d-OW. We Your affotb b perbd *M . Vft 00 dPp~M ft raid onsurs the h rd ise all en r~Plct~t Ih. city d to put k k anee. HQ"VW, wa do not ballm h approo6w b kMm mqukom&.b CoSwv a" that an mad 26hem, vae Uwaa foroter h qasuwso. C1i~an Mora , rra would how boon ebb b mda a panuasfw W9Wr A OW It was nddwr Mar noo" do so. Holww*w, wo must rtwt W*Www wa have Made, and "ry b a0oopt io haroVpf M you have anwrEled IL Ageln. Ns epprodall y011f ft is h algaddrlp tf1i1 - AM Nro can do to alrptdNs is oon,idir,tlo„ by as Cared.11Mgsr, and Pbs* >d W M" N Thank yoU. 8kfa DkaaW of Rapulabry Affaks rA; f j t u +`,a:1161nQa : No.+te/m_ i Oale~L ' iI AGENDA INFORMATION SHEET AGENDA DATE: January 19, 1999 DEPARTMENT- City Managers Office CM: Michael W. Jez, City Manage SUBJECT Consider a motion to authorize the holding of a City Council meeting outside of City Hall. BACKGROUND On August S, 1997 the Council adopted Ordinance No. 97.220 which allows the holding of Council meetings outside of City Hall under certain circumstances. This was In accordance with Section 2.05 of the City Charter and Section 4.1 of the Rules and Procedure of the City Council. The ordinance Indicates that the Council may hold meetings in places away from City Hall so long as the Mayor announces the location of that meeting at the City Council meeting Immediately preceding the meeting to be banged, and a motion or simple resolution Is approved by at least four members of the Council, On Wednesday, January 20, 1999, the Council will be holding ajoint session with the Denton Independent School District Board of Trustees. Approval of this motion will allow compliance with Ordinance No. 97-220. Ordinance No. 97.220, Section 2.05 of the Charter and Section 4.1 of the Rules and Procedure are attached for your review. Respectfully submitted: r J fer Wal is C Secre t c 1 i i 1 I 1+1.rtM[Nr.IMr17 N~►r ORDINANCE NO. i AN ORDINANCE AUTIIORIZING THE CITY COUNCIL, UNDER THE CIRCUMSTANCES SI?T FORT It IIERNN, TO HOLD MEETINGS OUI'SIDE OF CITY HALL; VALIDATING PREVIOUS MEE1INGS AND ACTIONS; AND PROVIDING AN EFFEC77VE DATE. WHEREAS, the City hall or the Denton Municipal Building is in the process of being renovated and is not available for City Council meetings during the period of renovation due to lack or appropriate space to accommodate all members of the public, lack of proper access to persons with disabilities and due to polemial dangers and inconvenience to the members of the general public during conslruclion; slid k WHEREAS, the City Council from time to time may need to hold rncetings away from Cily I loll to serve the public inlcrest; NOW, TIII:REI'OltE, Bli Pr ORDAINED BY THE Cl FY COUNCIL OF TI IE CITY OF DENTON. TEXAS: 51"C19ju, The City Council, for the petud 6onr July 1, 1997 until the Council Chambers in tlu City I lall at 213 Iiast McKinney Street, are completely renovated and ready for l+ublic use shall hold all Its meetings in Ilre Police Department Conference Room, the Central Jury Room and other areas of the Devion Municipal Conrpirx at 601 East Hickory Streel, Ucnlon, Texas, unless it directs the nneclings be held In anolher localion by ordinance or resolution. 5I1mQBJ1 That the Cily council shall hold mcelings on the budget begltming at 9.00 a to on August 8 and August 13, 1997 In the Golden Cagle Suite in ilia University of NoUh 1 exas Union Building N Prairie at Avenue A, Denton, Texas 5 CI112N.111 In accordance Willi section 2.03 of tlra City Charter and section 4, t of the Rutes and Procedure of the City Council, the City Council may from time to tune hold joint meetlugs with [lie Denton brdepeodent School District, workshop meetings, retreat and budget meetings and regular and special mcelings In places away ftom City liall that are readily I accessible to all members of the public so long as [lie Mayor announces the location of that meeting at the meeting of the City Council Immedialely proceeding [lie meeting and, a motion or simple resolution is approved by at least four members of ilia Council, approving the meeting site. All such meetings shall be held in accordance widr Chapter $31 of the Uovermnent Coda KI ILiV., All previous meetings sod oil actions taken at those mcelings held it a 1 location other than the City Ilali at 213 Last McKinney Street, including, without llmilation, any joint meetings with the Denton Independent School District and the Devion Planning Commission, any workshops or reheats, are hereby atfitmed, ratified and approved 0 SECf10N V. That this ordinance loll become effective Immediately upon Its passage and approval. PASSED AND APPROVED this ilia sday of - , 1997. 1AC ILLGR, IdAY0R ATTEST: XNNIFER WMTERS, CITY SECRETARY JY: APPROVED AS TO LEGAL 1'ORm: I WRI3ERT L. PROUTY, CITY ATTORNEY BY: 3 CIIAIVrElt 6 2.00 law, bill 11,101, out Interfere will, tiro tno11ngcrial duties Alud re11po11s►bilitiee or tile city mail. nger. The mayor elm►I have all ilia Banns Powell and privileges ae oily ether councilrnember, lrrcludina omlillement to vote upon nil matters causideted by the council, but shall havo no VOL',) power. 7'I+e council shall, no soon as possible Alter tiro ru+nual election, elect from Its Inem,berehip A innyar pro tem. Tho mayor pro tem drnll act as tnnyor during the obsence or disnbilily or Ilia mayor nud If a vacancy oceuro droll became mayor for the Completion or lire ul+exptted term. Ithd. Nu. 7090, 12. 12 11-79, tntined 1.10991 See. 9,01: vnedtreles hr coutcil. Where it vacancy ht Ally place ant lire couucti alrall occur, ilia vacant plnco elrall be filled by a 11peclol eledlo11, 01111, where Aoceelnry, by a runorr election, in Ills some molmer as provided In lids chmter rur the regular electou or Ilia coutcillreraon. Such special election 11hn11 be held on a Saturday within. elxty 100) dayo fuliowing tho creation or lho vacwlcy, and Ilse n uuuif election, wl+el a necesoury,111811 be held en the fourtee11th tiny alter tiro preceding clcct►on; provided, however, Ilnnt whero a vocrurey,hall occur witirbn cite hundred and twenty tim days ur n regular electlun, Ito special election to fill tine varnne/ shall W celled, unless mule than n11e vocnncy eceurs. IUrd, No. 70.12, Amcrrd. No. 2, 4 5.70, I See. 2.00. 8leetiugs of tile coutlell. tai Un Ilia eccnuJ l2ndi Tucsdoy bn April, or ao seat ll,creaflcr n1 ptacllcable, the eouncll steal I meet at tire. City hail and the newly-elected membero shall quality mid naeums Ilia duties nruirice. Thereafter, the toutrcit shall Itleol tegulatly at such lirues as 1110y be prescribed by its rules but nut less frequently tirnn taco encle ealendnr month. All moeti11go of Ills council shall ' be held At tiro city IION odes tho Cou11c11 shall by ordinance or tesolutlon designate mother place. (b) Speciol meetimgo shall be. Called by lira city seaelary upon request of till mayor, city ma ioger, or 0 Inrdmily or tine members or ilia council. let 'i'Ire city manager ahnll attend all meetings or Ilia Council And may, tulle part in the diaeumgluu or All wntlot s multig beruto Ilia Council but shall lnnvo no vote. IUrd. No. 79 P0,12, 12.11.79, to tined 1.19-801 See. 2.09. Quorum, voling. Ins A miqutity urtire membersof lhecounCll $hnll conslilulo it quotum for the transaction orbusiuees, nud lire or imativa vote ore nu{joilty of 1110.0011ci1 shall be. IrecCaeary to tepeal r, r oily ordinance or lake Ally OMCIIIl action lit Ills nano of lire Clly, except as otherwise provided a III this clrnrler or by the gotteral laws of Ilia State of'Casso. (rr ibl 'I ha Ayes mild Imes shall be taken upon thoposergo of all ordinwtces or resolutlons wild r the vuto of each womber Plmil be recorded lit Lila tnlnules. WId, No, 7012, Amend, No. 9, X18.70; CIA. No. 7980,12,12-11.70, tatiflod 1.19801 4 Cl (e) No staff mrrbera other than a ataff member leaving the floor, shall enter into any discussion either directly or Indirect- ly without permission of the presiding officer. 3.3 Citizendi (a) Citizens are welcome and invited to attend all meetinga of the Council, and will be admitted to the council Chamber up tc the fire safety capacity of the room. (b)- All citizens will refrain from private conversations In tho chamber while the Council is In session. (c) Citizens attending Council meetings shall observe the sumo rules of propriety, decorum, and good conduct applicable to the administrative staff, Any person making personal, Impertinent, or slanderous remarks or who becomes boisterous while addressing the council or while nttending the council meeting xhall be removed from the room If the Sergeant-at-Arms Is do directed by the presi- ding officer, and such person shall be barred from further audience before the council duting that eeedion of the Council. j I (d) Unauthorized remarks from Lite audience, stamping of y feet, applauding, whistled, yells, and similar demonatrattons shall not be permitted by the predicting officer, who shall direct the sergeant-at-Arms to remove such offenders from the room. In case the presiding officer shall fall to act, any member of the Council 1 may move to require him or her to act to enforce the rules, and the affirmative vote of four (4) members of the Council shall require the presiding officer to act. (e) No placards, banners or signs of any kind will be permitted in the Council chamber except exhibit,, displays and visual aids used In connection with preseatationa to the Council, provided that such exhibits, displays and visual aids do not disrupt the meeting. ` I I Via city Manager, ill the absence of a dealgnated law enforcement officer, shall act as Sergeant-at-Atms for the Council, and elimll furnish whatever assistance to needed to enforce the rules of decorum herein established. 3.9 6eAVJJ19_.Il 9ffl edl The City Secretary, City Manager and city Attorney shall occupy the rsspeotive seats In the Council A chamber assigned to them by the Mayor, but Any two or more members of the council may exchange seats, 4. TYPIS of ACCT1NaS , 4.1 Iieouler M11 The Council eliall sleet at Novell o~olock p.m. on the f rat and third TUgoday of each month or at any I i t I Other Limes not by the Counoll, Unless postponed or canceled for valid reasons, All teqular meetinga of the Council will be held In the Municipal building at 215 Fast McXlnney Street, or such loca- tion as the city Council may by motion, resolution or ordinance f designate. ! 4.2 El@~1.Li14@~ll99t Special meetings may be called by Elie nnyor, Elie city Manager, or by any three members of the council. 1'lie call for n special meeting shall be filed with the city secre- tary in written form, and he or she shall post notice thereof as provided by law. 4.1 yaks 4p~teg~,L?14t workshop meeLinga or work sessions may be called using the same procedure required for special meet- ings. (See Sec. 4.2) The putppooe of ilia workshop meeting Is to discuss or explore matters of In @at to ilia city, to meet with a City Board, commission or Committee Members, City staff or officers of civic organIzatlonq, governing bodies or individuals speci[lcally invited to Elio aasaio,4 by Elie Mayor, council or city Manager. These meetings nt lnfo:matlOnal and normally, no final neLlon shall be taken unless Elie posted agenda Indicates otherwise. Cltir.ens or other interested p:.sons attending the work session will not be allowed to participate in the session unless Invited to n do so by the Mayor. Citizens should be advised of the nature of tite work session and that their In ut maybe received and conoid- ered at a regularly scheduled counts mooting where tite agenda pro- vides for final action to be taken on ilia matter. The purpose of lhls procedure is to allow the citizens attending the regular meeting tlne oppottwrity of hearing tine views of their follow citizens fit a more formal setting, Any citizen may supply Lite City council a written statement or report regarding the oltizenta opinion on a matter being discussed in a work session. if the Mayor invites citizens to participate In a work session, their partlulpaLicn will cease At the point Elio Mayor closes the session to public 1npuL to allow Elie council to give City staff direction ns to needed information for the poselble future meeting without dlstraetlnq comment from Lite audience. 4.4 E@rdenCy tSegtilpgit in case of emergency or urgent public necessity, wh1ch shall be expressed In Elie notice of Elio meetitnq, an emergency meeting may be called by the Mayor, the City Mnnagor or by three members of Elio council, and it shall be our- f lcient if trio notice to posted two hours before Elio meeting Is convened, 4 c 4.5 glop Si._11ft~jni1gpI Tito Council may meet In a closed meeting pursuant to ilia requirements of the Texas Open Meetings Act, chapter 5510 TEX. COVET CODE AWN, (Vernon 1994), as amended. C, ~o } f7af• ORDINANCE NO. AN ORDINANCE AUMORIZINO THE CITY MANAGER TO ENTER INTO SEPARATE PROFESSIONAL SERVICES AGREEMENTS WITH DIVERSIFIED UTILITY CONSULTANTS, INC. TO PERFORM AUDITS AND FRANCHISE REVIEWS OF TXU ELECTRIC AND GAS AND COSERV GAS COMPANY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager, after review by the Assistant City Manager for Fiscal & Municipal Services, has determined that it would be in the best interests of the City to review the current year franchise fee calculation and the past franchise fee calculation of TXU Electric and Gas c,rXU'7 due to the fact that the ruvent audit by Diversified Utility Consultants, Inc. indicated that TXU may owe the City delinquent L,anchise fees, and the need to verify the 1999 franchise fee payment under TXU's current franchise, and WHEREAS, under Senate Bill 'l, the City muss commence an audit of an electric company's franchise prior to September 1, 1949 on past fray,^hise payments or it will lose the opportunity to audit such franchise payments; and WHEREAS, CoServ Gas Company has made an initial revenue filing which it would be in the public interest to review; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to en.:r into two separate Professional Services Agreements with Diversified Utility Consultants, Inc., substantially in the form of the Professioral Services Agreements attached, to perform audits and franchise reviews " of TXU Electric and Gas and to review the proposed tariff and revenue requirements of CoServ Gas Company. SECTION 2. 11tat the City Manager is hereby authorized to make the expenditures and take the actions set fenh in the attached Agreements. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,1 994. t JACK MILLER, MAYOR x l f I j 1 t+ t+ i ATTEST; JENNIFER WALTERS, CITY SECRETARY li BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I I I A + i'IuiM8p1.I1L41i tluwnws'dMYa~;MJ.eMflM afr.Ni+ ~ i r , i I Page 2 i t PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL SERVICES REGARDING TXU ELECTRIC AND GAS CURRENT YEAR AND PREVIOUS YEAR FRANCHISE FEE CALCULATIONS STATE OF TEXAS § i COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the _ day of 1999, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Diversified Utility Consultants, Inc., with its corporate office at 12113 Roxie Drive, Suite 110, Austin, Texas 78729, 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: ARTICLE 1 EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as nn 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: The Project shall include, without limitation, investigation and analysis of TXU Electric and Gas' ("TXU') current franchise fee calculations under the current fruuhise with OWNER, TXU's past franchise fee calculations, and to perform an audit on TXU's franchise with the OWNER in accordance with Senate Bill 7, along with any other services which would be necessary to perform such audits and franchise fee calculations. ARTICLE 1 SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner A. The CONSULTANT shall perform all those services as necessary and as described in the CONSULTANT's letter proposal dated August 191999, with CONSULTANT's cost proposal, which Is attached hereto as Exhibit "A", to review the various TXU current and j l r- c delinquent franchise fee calculations and TXU audit as set forth in Senate Bill 7. I I t, it h B. CONSULTANT shall perfomt all those services set forth in individual task orders, if any, which shall be attached to this Agreement and made a part hereof for All purposes as separate agreements. C. CONSULTANT will meet with and submit status reports to the Assistant City Manager for Fiscal & Municipal Services, City Attorney, and their staffs, will be available for at least two City Council meetings, and sha'I provide a final report indicating its recommendations as set forth in the scope of work of Exhibit "A". D. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the teens and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE J ADDITIONAL SERVICES i Additional services to be perfonned by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, are described ax follows: A. Appearing before regulatory agencies or courts as an expert witness In any litigation, including, wit',tout limitation, testimony in rate proceedings before the Texas Railroad Commission, the Public Utilities Commission, or other state and federal agencies. B. Any other additional services specifically requested by the OWNER not included within the scope of this Agreement and its exhibits. ARTICLE A 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, provided however, the Project shall be completed within 120 days of the date of the notice to proceed, unless an extension of time is grante yy the OWNER. This Agreement may be sooner terminated in accordance with the previsions 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 in Exhibit "A", acting through its City Manager or his designee. ! E t ~ r f Page 2 i t ARTICLE S COMPENSATION A, COMPENSATIO'4 TERMS: L "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services. 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 expenses in connection with that assignment. B. 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 cost estimate detail at an hourly rate shown in Exhibit "S", July 30, 1999 letter from CONSULTANT to OWNER and attached manpower and cost requirements, a total fee, Including reimbursement for direct non-labor expenses not to exceed 513,500.00. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its Assistant City Manager for Fiscal & Municipal Services and its City Attorney or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the wark performed at the time a statement is rendered. The OWNER may withhold the final live percent (5t1o) of the contract amount until completion ofthe 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 spo-cifically v1dcrstood 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 3 "Additional Services," without obtaining prior written authorization from the j OWNER. C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article 3, the CONSULTANT shall be paid based on the Schedule of G f Charges at an hourly rite shown in Exhibit "B". Payments for additional services shall j be due and payable upon submission by the CONSULTANT, and shall be in accordance I Page 3 i c with subsection A hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within 60 days after receipt of the CONSULTANr's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (10,19) per month from the said sixtieth (60) day, and, in addition, the CONSULTANT may, after giving seven 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 S, "Compensation." ARTICLE .6 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 subconsuhants. ARTICLE J OWNERSIiIV OF DOCUMENTS All documents prepared or fumished 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 tennination of this Agreement. The CONSULTANT is entitled to retain copies oral) such documents. The documents prepared and famished by the CONSULTANT are intended only to be applicable to this Projxt, 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 infonnation or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use In that project. ARTICLE I INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNEn as an Independent contractor, not as an employee of the OWNER, CONSULTANT shall not have or claim any right arising from employee status. Page 4 c l i I ARTICLE 9 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 reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its 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 a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of govemmeatal immunity, which defenses are hereby expressly reserved. ARTICLE I0 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 80.;t 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 S300,000 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 5100,000 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 limits of not less than St,000,000 annual aggregate, E. The CONSULTANT shall furnish insurance certifieates or insurance policies at the l OWNER's request to evidence such coverages. The insurance policies shall name the 6 OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without 30 days' prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the Page 5 s i effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE I I ARBITRATION AND ALTERNATE DISPUTE RESOLUTION 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 as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may includo the other party to the disagreement without the other's approval. ARTICLE 12 TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving 30 days' advance written notice to the other party. D. 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 30 calendar days ac csare the failure; and (2) an opportunity for consultation with the terminating party prior , termination. C. If the Agreement is (eraminared prior to completion of the services to be provided , hereunder, CONSULTANT shall immediately cease all services and shall render a final , bill for seniccs to the OWNER within 30 days after u,j date of termination. The O%'NER shall pay CONSULTANT for all services properly rendered and satisfactorily pc formed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 5 "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 tuns 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 coples of such documents for its use. RTA ICLF RESPONS[BIL[Tv FOR CLAIMS AND LIABILITIES I ~ Approval by the OWNER shall not constitute, nor be deemed a release of the r responsibility and liability of the CONSULTANT, its employees, associates, agents, (l;-t subcontractors, and subconsultants for the accuracy and competency of their designs or alter work; nor shall such approval be deemed to be an assumption of such responsibility by die Page 6 n u i OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE 14 NOTICES 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, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated es of three days' mailing: To CONSULTANT: To OWNER: Jack Pous City of Denton Diversified Utility Consultants, Inc. Herbert L. Prouty, City Attorney 12113 Roxie Drive, Suite 110 215 East McKinney Austin, Texas 78729 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days' mailing. ARTICLE 15 ENTIRE AGREEMENT This Agreement, consisting of ten pages and two exhibits, constitutes the complete and final expression of the agreement of the parties, and Is intended as a complete and exclusive statement of the terns of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and sgreements which may have been made in connection with the subject matter hereof. ARTICLE 16 SEVERABILITY If any provision of this Agreement is fc ' or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall b~ ,nsidered 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 it valid and enforceable provision which conies as close as possible to expressing the intention of the stricken provision. i Page 7 i b ARTICLE 17 COMPLIANCE WITH LAWS i 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 18 DISCRISITNAT10N 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 19 PERSONNEL 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 of this Agreement. 3. 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 20 / 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 ibe prior written consent of the OWNER, ARTICI E11 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitalion herein contained shall be valid unless in writing and daly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence r in any proceeding arising between the parties hereto out of or affecting this Agreement, or the a rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duty executed; and the parties further agree that the provisions of this section will not be waived unless m set forth herein, Page S i t i I ARTICLE 22 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement A - Letter of August 19, 1999, with CONSULTANT's cost proposal; B - July 30, 1999 letter from CONSULTANT to OWNER. B. CONSULTANT agrees that OWNER shall, until the expiration of three years 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 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 to compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. 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 lack Pous, Dan Lawton, Ruth Runyon Wenzel, and Sara Coleman. However, nothing herein shall 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 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 carved 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 i provisions for the CONSULTANT to enter in or upon public and private property as required for 0 ,;ONSULTANT to perform services under this Agreement. G. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreer,cnt, 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 j' through its duly authorized undersigned officer on this the day of 19 Page 9 c. i I CITY OF DENTON, TEXAS MICHAEL W. JEZ, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: DIVERSIFIED UTILITY CONSULTANTS, INC. JACK POUS, PRINCIPAL WITNESS: BY: I ~rNbgid:gq P[iIM'CK.bKOgANMANMY duf f Page 10 r, i VII JJI •J.J• E DU ci DMERSUME D UTILITY CONSULTANTS. MO. lees a ■oa~ asuvs evrrs ua ~wTa~. rs +.++s mnaaaoosuwaNe rt4tr~■+~ 7uly 30, IM Herbert L. Prouty City Attorney City of Denton 215 East McKirutey Denton, Texas 76201 Dear Mr. Prouty: Per your request I am submitting to you oost estimates to review Lone Star Gas Company's If ("LSGC") franchise fee calculations for the current year, LSGCs franchise fees paid In the past to the City of Denton ("City") and a review of Coserv Gas Company's tariff and requested revenue requirements. The cost estimate for the review of LSGCs current yew sends ft&wXw fee calculation is based on minimal assistance travel to Denton, the~pmay be closer to $4,000. of requiring us to , The cost estimate to review IZGC's peat ftxncltiae fat requires research and some cooperation from the Company. DUCT will make every effort to vertfy whother LSGC hu paid the proper franchise fee to the City, The final price proposal relates to DUCrs review of Coserv Gas Company's proposed ladff and applicable tsvaiue requiremeat Per our proiiutiearY revituw of Coserv's request, it appears the base iu its revevtue requirement This is not pemtitted. Ln Company has included a forecasted rend ture DUCT i Wt to adopt rata bee ' on th estimated coats of Coeety wi11 create problems with . ISt could claim rate are discriminatory. 7 he Proposal aaticipata working closely with I,SGC Coserv and developing rata that are fair sad reasonable based out known and measurable cosh. We would like to think you for allowing DUCI to submit this Proposal. We are prepared to commence work on this project immediately upon se ecdor, an would ~ complete the this proposal or outer a timely and efficient meaner, Should you have any questions matters, please feel live to contact Dan Lawton at (5 12)257.2600. Sin ell, ~ 5araColeman /~r~ Mr 1 PRICE PROPOSAL +t MANPOWER AND COST REQUIREMENTS TO PROVIDE REVIEW OF i LONE STAR GAS COMPANY'S CURRENT YEAR FRANCHISE FEE CALCULATION ON BEHALF OF THE CITY OF DENTON CHARGE HOURLY OHMOEB TOTAL BOOBY HOYIIE UZI j i PRINCIPAL Drn LwAOn 24 1126 13,000 6R. CONSULTANT; We Women 17 $100 11,700 TOTAL LABOR 41 ALM CHARGE OHAROEl TOTAL AAMQQ" iXlEpIS[ j A PM" 10.10 Per Coprr i'6r00 Ak Tani 1 Trip io Denim 1200.00 Porrhgs, Phone 125.0D TOTAL WgNSB j3~ 0iZ GIUND TOTAL >1 11 /r1 \ (Ar n ' ~ r { 1 PRICE PROPOSAL s MANPOWER AND COST ItEQUIRBMENTS TO PROVIDE REVIEW OF LONE STARGA$ COMPANY'S PAST FRANCHISE FEE CALCULATION ON BEHALF OF THE CITY OF DENTON E WOa~iDLIlEE61i01I CHARGE HOURLY CHARGES TOTAL e Axzdl1Y ) BM PRINCIPAL Den LwAon 40 i+25 $5,000 SIL CONSULTANT: am Coln 28 1100 32,1 TOTAL LASOR SS O"A°" TOTAL CHARGE P~rinp, Cop~lnp 10.10 Pe Copy 1121,00 Ak TmW 2 T* b DMSOn 66173 00 ' Pov*s, Photo TOTAL 2XPINSS rum f GRAND Toru f 4 j E E ' f t, t' , PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL. SERVICES REGARDING COSERV GAS COMPANY'S PROPOSED TARIFF AND REVENUE RFQUIREMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of, , 1999, by and betwern the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Diversified Utility Consultants, Inc., with its corporate office at 12113 Roxie Drive, Suite 110, Austin, Texas 78729, hereinafter called "CONSULTANT; acting herein, by and through theirduly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE. I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an ineependent 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 eoru:ection with the following described project: The Project shall Include, without limitation, in%estigation and analysis of CoServ Gas Company's ("CoServ" ) proposed tariff and revenue requirement to make a determination of the reasonableness of the initial rates, based on analysis of that rate base, expenses, investment, and rate of return of CoServ, along with any other factors which would bear on the reasonableness of CoServ's rate request. ARTICLE 2 SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner: A. The CONSULTANT shall perform all those services as necessary and as described in the CONSULTANT's proposal to review CoServ's proposed tariff and revenue requiremc it i dated August 19, 1999, with CONSULTANT's cost proposal, which is attached hereto as A Exhibit "A". 0I I E B. CONSULTANT shall perform all those services set forth in individual task orders, if any, which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements. C. CONSULTANT will meet with and submit status reports to the Assistant City Manager for Fiscal & Municipal Services, City Attorney, and their staffs, will be available for at least two City Council ,meetings, and shall provide a final report indicating its recommendations as set forth in Exhibit "A". 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 ails, hod exhibits or task orders. ARTICLE 3 ADDITIONAL SERVICES i Additional 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. Appearing before regulatory agencies or courts as an expert witness in any litigation, including. without limitation, testimony in rate proceedings before the Texas Railroad Commission, the Public Utilities Commission, or other slate and federal agencies. B. Any other additional services specifically requested by the OWNER not included within the scope of this Agreement and its exhibits. ARTICLE 4 PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue o' 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 Ad-ittionai Services, if any, and any required extensions approved by the OWNER, provided however, 1he Project shall be completed within 180 days of the date of the notice to proceed, unless an extension of time is granted by 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 in Exhibit "A", acting through its City Manager or his designee. Page 2 l Ir t I!~ I I 1 I i i ARTICLE 5 COMPENSATION A. COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services. 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, mid lodging away from home, and similar incidental expenses in connection wilt, brat assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performeu by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "B", July 30, 1999 letter from j CONSULTANT to OWNER and attached manpower and cost requirements to provide review of CoScrv's tariff and applicable revenue requirement on behalf of OWNER, a total fee, including reimbursement for direct non-labor expenses not to exceed $17,000,00. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements render:d to and approved by the OWNER through its Assistant City Manager for Fiscal & Municipal Services and its City Attorney or his designee; however, under no circumstances shall any monthly statement for serv1ces exceed the value of the work performed at the time a statement is tendered, 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 unsatj~iu_,tory, 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 net 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 3 "Additional Services," without obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article 3, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "A". Payments for additional services shall Page 3 r j jl be due and payable Lpon submission by the CONSULTANT, and shall be in accordance with subsection B hereof. Statements shall not be submitted mere frequently than { monthly. D. PA"IENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within 60 days after receipt of the CONSULTANT's undisput, 4 1 statement thereof, the amounts due the CONSULTANT wilt be increased by the rate of one percent (11/6) per month from the said sixtieth (60'a) Oay, and, in addition, the CONSULTANT may, after giving seven 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 S, "Compensation." ARTICLE 6 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. a subconsultanta. ARTICLgI 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 CONSULT ANT is entitled to retain copies of as such documents. The documents prepared and furnished by the CONSULTANT are in;ctnded only to be applicable to this Project, and 0 WNER'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 information or materials developed pursuant to this + Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating tc their use in that project. ARTICLE 8 INDEPENDENT CONTRACTOR i 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 i employee status. r ' a i Page 4 t I ARTICLE 9 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 reasonable attorney fees incurted by the OWNER, and including, without limitation, damages for bodily, and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liabilit, , any r..rson who is not a party to this Agreement, and nothing herein shall waive any of the loarties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anvone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 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 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for l each person and not less than 5500,000 for each accident, and with property damage limits of not less than $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 5100,000 for each accident. D, professional Liability Insurance with limits of not less than 51,000,000 annual aggregate. E, The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that I r such insurance shall not be canceled or modified without 30 days' prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the Page 5 K effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 11 ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties nay agree to settle 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 approval. ARTICLE 12 TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving 30 days' advance written notice to the other party. 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 (d.;livered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than 30 calendar days to cure the failure; and (2) an opportunity for consultation with the terminating parry 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 30 days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily perfermed and for reimbursable expenses to termination inured prior to the date of termination, in accordance with Article S "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 copies of such documents for its use. ARTICLE 13 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the R responsibility and liability of the CONSULTANT, its employees, associates, agents, 1 V \ subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Page b f OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE 14 NOTICES 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, cedified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three days' mailing: To CONSULTANT: To OWWERr lack Pous City of Denton Diversified Utility Consultants, Inc. Herbert L. Prouty, City Attorney 12113 Roxie Drive, Suite 110 215 East McKinney Austin, Texas 78729 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days' mailing. i AR11CLE 15 ENTIRE AGREEMENT This Agreement, consisting of ten pages and two exhibits, constitutes the complete and J final expression of the agreement of the parties, and is intended as a complete and exclusive 1 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. ARTICLElb 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 provision. r' r Page 7 f• ARTICLE 17 COMPLIANCE W1TI1 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 IS 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 19 PERSONNEL 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 of this Agreement. 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 slate and local laws to perform such services. ARTICLE 20 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 I the prior written consent of the OWNER. ARTICLE 21 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 A 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. Page 8 t S: i ARTICLE 22 MISCELLANEOUS A. The following exhibits are attached to and made apart of this Agreement: A - Letter of August 19, 1999, with CONSULTANT's cost proposal; B - July 30, 1999 letter from CONSULTANT to OWNER. B. CONSULTANT agrees that OWNER shall, until the expiration of three years 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 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 of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. 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 lack Pous, Dan Lawton, Ruth Runyon Wenzel, and Sara Coleman. However, nothing herein shall I;mit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. E. CONSULTANT shall commence, terry on, and complete any and all projects with all applicable dispatch, in a sound, economical, 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 CONSULIANT's disposal all available information pertinent to the Projcct, 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. G. 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 k 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_• Page 9 r I CITY OF DENTON. TEXAS MICHAEL W. JEZ, CITY MANAGER _ ATTEST ` JENNIFER WALTERS, CITY SECRETARY I BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTO EY BY:tl DIVERSIFIED UTILITY CaSSUi TANTS, INC. !ACK POUS, PRINCIPAL WITNESS: BY: is rw..n.~aaua.aa~rrpe.,s.orw.rnn.a.,~..a. i F Page 10 t u Ea DIVT!7I2SHMImD UTILITY CONSULTANTS. INC. asus aro~n IDXVM Worm ua AS1e+7 at. 77n M" ~ ~poraw ~staMe sazww N++w ~ July 30,1999 Herbert L. Prouty City Attorney City of Denton 215 East McKirmey Denton, Texas 76201 Dear Mr. Prouty. per your request, l sm submitting to you coat estimates to review Lone Star Gas Company's Cosecv yew, CLSGCS ompanytariM and requested revenue the city ofDeton ("City") and review of, requirements. The cost estimate for' the review of LSOCs current yew fieochiae :ee calculWoa is based on mioirnal assistance with LSGC. If the Company cooperates Md scads mformanoa to DUCI bes cad of requiring us to travel to Denton, the cost may be closer to 54,000. The Cost estimate to review LSGC's past franchise fee requires research and some cooperation from the Company. DUCI will make every effort to verity whether LSOC has paid the proper franchise fee to the City. The final price proposal 'fates to DUCTS review of Coserv Gas Company's proposed tariff and applicable revenue requirement. Per our preliminary review of CowVs request, it appears the Company has included a forecasted rate base in its revenue requirement. This is oot perr fitted. In DUCI'a opinion, to adopt rates based on future estimaed costs of Coserv will create problems with ISGC. LSGC could claim rate are discriminatory. The proposal anticipates working closely with Coserv and developing rates that are fair and reasonable based on known and mossurable costs. We would like to thank you for allowing DUCI to submit this Proposal. We are prepared project in to commence work ca this project i ntmedistoly upon selection, and would m (his pro letp the other a timely and efficient meaner. Should you have my questions with regard matters, please feel free to contact Dan Lawton at (512)2 5 7-2600. Sin ely, r Sara Coleman R'. r fs PRICE pRoPOS& MANPOWKR AND COST REQUMMMENTS TO PPAMOE REVIEW OM COSLRV 4M COMPANY'S TAId" AND APPUCAJIL9 RMNUE IgUMMENT ON M~ OF THE CITY OIL DENTON LNO'MI:~II1!lE~IRIIL CHAIM N01NlLY Cwou TOTAL pmaosy 99M Swu PRINCPAL: 0" Lmm 20 We 12100 J&ek P" 00 $125 4750 ' SR. CONSULTANT: Somcoww 60 1100 10000 TOTAL LABOR 110 ~IA.ZSO i . E71l~I'~.1l1EAWSEbtEElt . CHARGE CHARM TOTAL CAGYE .y 1 PrM11n0 10.10 PK CepY tu5.00 CM"dw 010 per How $&w.00 P~ EA MNd $125.00 I r@W 4 efft TTdp1 026.00 Dw*d 1400.00 TranspodIUM M.00 1200.00 TOTAL EXPENSE M 7cn ee GRAND TOTAL e> z i r END OF FILE y l f a i i' i