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HomeMy WebLinkAbout11-02-1999 i t Iq i. i !4 I, i November 2,1999 Agenda Packet t t 1 I ' 1 AGENDA CITY OF DEN CON CITY COUNCIL A4e04 ham November 2, 1999 Doll? =W=- After determining that a quorum is present and convening In an Open Meeting, the City Council will convene in a Clo,cd Meeting of the City of Denton City Council on Tuesday, November 2, 1999 at 5: 15 p.m iZ the Legal Department Conference 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 tois ag,anda, Item LA, of the closed Meeting agenda listed below will be presented at a Joint Meeting of the City Council of the City of Dcntc n and the Public Utilities Board at the above time and location, The Public Utilities Board has separately posted notice of this Joint Meeting, which commences at the City Council's regular Closed Mceting time, Once the City Council has determined that a quorum of the City Council is present, and the City Council comenes in an Open Meeting, then the City Council will convene in a Closed Meeting, 'thereafter, after determining that a quorum of the Public Utilities Board is present and convening in an Open Meeting, the Public Utilities Board will convene in a Closed Meeting on 'rucsday, November 2, 1999 at 5:15 p.m. In the Legal Department Conference Room at City hall. 215 Ei. McKinney, Denton, Texas to consider the specific items listed blow under the Closed Meeting section of this agenda. Thereafter, the City Council and the Public Utilities Board will commence their Joint Affecting, I, Closed Meeting A, lkliberations Regarding Certain Public Power Utilities; Competitive Matters Under IFX, GOV'T. CODE: Section 551.086•'; Deliberations Concerning Real Prormly Under TEX, GOVT. CODE Section 551.072; and Consultation With Attorney Under TI;X. GOV'r. CODE Section 551.071. *O[Before the City Council ("Council") may deliberate, vote, or take final action I on this agenda item as a competitive matter in a Closed Meeting under the provisions of T Ex Gov* r. CODE Section 551.086 (c), the Council must first make a good faith determination, by majority vote of its members, that the agenda item is a competitive matter that satisfies the requirements of Section 551,086 ft.)). The vote shall be taken during the Closed Mecting and shall be included in the certified agenda of the Closed Meeting. If the City Council fails to determine by a majority vote that the agenda item satisfies the requirements of Section 551,086 (b)(3), the City Council may not deliberate or lake any further action on the agenda item in the Closed Bieeting] (1) C'onsidcr. deliberate, and discuss the valuation of and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton's electric utility system, including, without limitation: the Gibbons Creek generation facility located In Grimes County, Texas; the Spencer generation facility located on Spencer Road in Denton, Denton County, Texas; the two hydroelectric facilities located in Denton County, Texas; and other components of the City's electric generation assets, Conduct a consultation with the City's attorneys, including the City's outside legal counsel, the firm of Dickstein, Shapiro. Morin dt Oshinsky, y Washington, D.C., in order to consider and discuss various legal options <y g I, V. City of Denton City Council Agenda November 2, 1999 Page 2 and strategies, and to obtain the advice and recommendations of the City's attorneys concerning the above referenced issues, where to discuss such issues and matters in a public meeting would conflict with the attorney's duties and professional responsibilities to their client under the applicable Disciplinary Rules of Professional Conduct. Following the completion of the Closed Meeting Agenda Item I.A. the Joint Meeting of the City Council and the Public Utilities Board will adjourn and the City Council will proceed with any further Closed Meeting Agenda items. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE„ CHAPTER $51, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH 'THE PROVISIONS OF SEC1ION SS 1.086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). 7'11L CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECU'T'IVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, SECTIONS. 551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON lifE CLOSED MEF.1'ING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MFETINGS ACT, INCLUDING. W'ITIIOUT LIMITATION SECTIONS 551.071.551.o86 0F 1 HE I LXAS OPEN MEET INGS ACT. Regular Sleeting of the City of Denton City Council on Tuesday, November 2, 1999 at 6:00 p,m, in the Council Chamtxrs at City flail, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1, Pledge of Allegiance A. U.S. Flag H. Texas Flog "Honor the Texas Flag I pledge allegiance to thee, Texas, one and indivisible," Consider apfroval of the minutes of September 7, September 14, and September 21, 1999. ensy,NTA'TIONS/PROC'LAM1IA, us 3. No%cminr Yard of the Month Awards 4. Proclamations a. Native American Indian Day / CII'IZEN REPORTS 5. Receive a report from Lacey Stokes regarding plastic recycling. 6. Receive a report from Tom Atkins regarding the City's health Insurance, i 1 C 1 I I c 1 City of Denton C+ty Council Agenda November 2, 1999 Page 3 7. Receive a report from Ross hichon, Jr. - "A Fish Rois From the Ilead" - unanswered letters, lawyers, code enforcement, CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City manager or his designee to Implement each item in accordance with the Staf)'recommendaticns. 't'he City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Consent Agenda (Agenda Items 8-22). This listing is provided on the Consent Agenda to allow Council ,Slembers to discuss or withdraw an item prior to approval of the Consent Agenda. if no items arc pulled, Consent Agenda Items B-22 below will be approved with one motion. If items ere pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration". 8, Consider approval of a tax refund to Sierra Title of North Texas for William T.1Voolfolk, Jr, in the amount of $792.21. The 1998 property taxes were paid twice. 9. Consider approval ofa tax refund to Sierra fide of North Texas for Robert F. Moses in the amount of $716.37, The 1998 property taxes were paid twice. 10. Consider approval of a tax refund to Turncr-Young Investments Co. for Thomas Cavanaugh in the amount of 5653.42. The 1998 property taxes were paid twice. 11, Consider approval of a tax refund to James E. Browne, Jr. in the amount of 5600.09. The 1998 property taxes were paid twice. 12. Consider adoption of an ordinance approving an Interloca) Ambulance Agreement htween the City of Denton and the following cities: A. City of Ilio:Wry Creek B. City of Krum C. City of Sanger D. City of Shady Shores t 3. Consider adoption of an ordinance authorizing the execution of change order one to the contract for the construction of the new fleet maintenance facility between the City of Donlon and Ratcliff Constructors, Inc,; providing for an increase in the scope of work and an increase in the payment amount; and providing an effective date. (Bid #2361 - Fleet Maintenance Facility awarded to Ra(cliff Constructors, Inc. in the amount of $1,998,650 plus Change Order One In the amount of $108,387) 14. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of 69KV transmission facilities; providing for the expenditure of funds therefor; and providing an effective date. (Bid 02394 - Spencer to Locust Transmission Line Construction and Bid #2395 North Lakes Substation US c City of Denton City Council Agenda November 2, 1999 Page 4 77/Riney Road Transmission Line Construction awarded to Greet Southwestern Construction, Inc, in the total amount of $1,310,622) 15. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a 15?20,'25 MVA power transformer; providing for the expenditure of funds th:refor; and providing an effective date. (Bid #2408 - Power Transformer awarded to Waukesha Flectrie S) stem, Division of General Signal Power Systems, Inc, in the amount of $441,877) 16. Consider adoption of art ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of police scdz.ns; providing for the expenditure of funds therefore; and providing art effective date, (1werlocal Agreement File #2428 - Police Sedans Tarrant County Inte local Agreement awarded to Lee Jarmon Ford in the amount of 566,141.30) IZ Consider adoption of an ordinance providing for the expenditure of funds for the purchase of software and hardware maintenance for Ameritech Library Software which is available from only one source in accordance with provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from requirements of competitive bids; and providing an effective date. (PO #00251 to Ameritech Library Services in the amount of $26,510.72) 18. Consider adoption of an ordinance providing for the expenditure of funds for purchase of materials, supplies or services for the purpose of presenting the Sc%en Ilabits of Highly F;filooke Pcople training which are available from only one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids; and providing an effective date, (PO #00271 to Franklin Covey in the amount of $50,952) 19. Consider adoption of an ordinance approving the expenditure of funds for the purchase of cellular digital telephone service available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids; and providing an effective state. (PO #00275 - AT&T Wireless in the amount of $50.33232) 20. Consider adoption of an ordinance of the City of Denton. Texas authorizing the expendittre of funds for the 1999 quarterly payments by the City of Denton for a solid waste Nrmit fee calculated at 3,5% of refuse collection fees to the Texas Natural Resource Conservation Commission; and providing an effective date (PO 400277 to Texas Natural Resource Conservation Commission (TNRCC) in the amount of s 130,000) 21. Consider adoption of an ordinance approving the expenditure of funds for the purchase of automated meter reading transmitters available from only one source in accordance with the provisions of state law exempting such purchases from requirements of cotapetitive bids: and providing an effective date, (PO 000665 to Tejas Utility Services in the amount of $110.320) I~ c. City of Denton City Council Agenda November 2, 1999 Page 5 22, Consider adoption of an ordinance accepting competitive blds and awarding art annual contract for the purchase of police uniforms; providing for the expenditure of funds therefor; and providing an ciTective date. (did #2391 - Police Uniforms in the estimated expenditure amount of approximately $45,000) 23. Consider adoption of an ordinance authorizing the City Manage to execute a contract with JD Edwards, a Qualified Information Services Vendor for the purchase of Financial and I luman Resources Management software packages, providing for the expenditure of fundstherefor. (ZISV41841332677000-1D Edwards-S738,530.00) 24. Consider adoption of an ordinance authorizing assignment pay for any Police Department employees who are also assigned duties of a general administrative nature in the City Manager's Office and/or the Police C'hicrs Office; and providing an effective date, PUBLIC IIF.ARINCS 25. hold a public hearing to consider amending the concept plan for a Planned Development (PD-115) encompassing approximately 231 acres. The property is generally, located north of Windsor Road between Bonnie Brac and Westgate, The concept plan proposal is for mixed-use development including single-family residential, multi-family residential, commercial use open space and a school site. The Planning and Zoning Commission recommends approval (7-0) with conditions. (Z-99.061, Smith Tract ('aacepl Plan) 26. 1lold a public hearing and consider approving a tktailed Plan for a Planned Development (PD-115) encompassing approximately 194 ecres. The property is generally located north of Windsor Road belwren Bonnic Brae and Westgate. The Detailed Plan includes a school site, open space and single-family residential use. The Planning and Zoning Commission recommends approval (7.0). {h-99-073, Smith Tract Detalled Plan) 27. Hold a public hearing to consider rezoning approximately 39 acres from an Agricultural (A) zoning district to a Planned [kvelopment (PD) zoning district. The concept plan proposes single-family residential and open space. The property is generally located at the southeast corner of Nowlin Road and Robinson Road. The Planning and Zoning C'ommissiou recommends approval (7.0) with conditions. (7-99-065. Kirby Tract) 28. 1lold a public hearing and consider rezoning an approximately 14 acre site from a One- Family Dwelling (SF-7) zoning district to a General Retail (OR) district. The property is located on the south side of Sherman between Elm and Bolivar. The proposal is to allow for possible future redevelopment. The Planning and Zoning Commission recommends approval (7-0) with conditions. (7.99.074) r~ 29, I lold the first of two public hearings regarding a proposed voluntary annexation of approximately 24 acres located at the southwest comer of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas. The zoning at the time of annexation will be Agricultural (A). (A-96, Silver Dome at C'ooperC'reek) i D G I I City of Denton City Council Agenda No% ember 2, 1999 Page 6 IJENISFC N y1 DUAL CONSIDERATION 30. Consider approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. 31, Consider approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. 32. Consider adoption of an ordinance accepting two tracts of land In the AI.6.P.&RR.R. Co. Survey, as shown in the dedication instrument executed by Ron Alsup, DBA Ron Alsup Construction attached hereto, for street and utility purposes; and providing for an effective date. 33. Consider adoption of an ordinance vacating a utility casement recorded in Cabinet 11, Page 196 of the Plat Records of Denton County, Texas, as it pertains to Lot I, Block A of the Lissberger Addition; and providing for an effective date. 34. Consider adoption of an ordinance on first reading granting a franchise to Metricom, Inc., for the use and occupancy of the public rights-of•way of the City of Denton for telecommunications purposes; providing for conditions of such use; providing for compensation for such use and occupancy; and ordaining other provisions related to the subject matter, 35, Consider adoption of an (ordinance on first reading granting to Denton County Electric Cooperative, Inc., doing business as Co5erv Electric, a franchise for the purpose of constructing, maintaining, and using an electric utility system in the City of Denton; regulating the construction work done by the grantee in the City; prescribing the duties, resix)mibilities. and rule-making authority of the City Manager and the City with respect to administration of this franchise; providing for enforcement of the franchise; prescribing the compensation to be paid the City by the grantee for the franchise privilege; setting forth the term of the franchise; providing for a severabilhy provision; providing for acceptance of the franchise by grantee; and providing an effective date. 36. Consider adoption of the ordinance of the City of Denton, "texas authorizing the City Manager to execute a professional services agreement with Freese and Nichols, Inc. for engineering services pertaining to the preliminary design phase of the Lake Ray Roberts Water Treatment Plant; authorizing the expenditure of funds therefor; and providing an c%ctive dmc. 37, Consider adoption of an ordinance authorizing the City Manager to execute a contract for prolessional legal services with Wolfe, Clark, Henderson & Tidwell to provide legal r, services with regard to litigation styled Munlrllxrl A.bnlnivratlve 5er-lees. Inc, v. City of benlon, Cause No. 99.50263.367, filed in the 367'^ District Court of Denton County, 1 I Texas; authorizing the expenditure of funds therefor; and providing an effective date. 38. Consider approval of a resolution authorizing Ezell Aviation, Inc, to sublease the fired base operator functions of their C'ommerci,.dTBO lease agreement to Medallion Flight Croup, Inc.; and providing for an effective date. F ` tCity of Denton City Council Agenda November 2, 1999 Page 7 39. Consider adoption of an ordinance calling a bond election for January 15, 2000, designating polling places appointing election officials; setting forth the proposition to be submitted in the form to be submitted on the official ballot; determining the bonds will be within all legal debt limitations; providing for bilingual notice of the election; ordering that an electronic voting system be used; making additional provisions for the conduct thereof, and providing for an effective date. 40. Consider adoption of as ordinance authorising the City Manager to execute a first amendment trr the annexation agreement entered into between the City of Denton and Violet Property Associates, L P, as a part of the settlement of litigation styled City of Denton v. Denton C'oanly Fresh Water Supply Distrlcl A'o. IA and Denton C'minty Fresh !fitter Supply District No. 3 for the purpose of establishing a timeline for construction of the Graveyard Branch extension; and providing an effective date. 41, Miscellaneous matters from the City Manager. 42. New Business This item provides a section for Council Members to suggest items for future agendas. 43. Possible continuation of Closed Meeting under Sections 53 1.071-531,086 of the Texas Open rlectings Act. 44. Ofliciol A.tion on Closed Meeting under Scctione 551.071.551.086 of the Texas Open Meetings Act. CI"RTIFICATF I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton. Iexas, on the ---day of 1979 it ._~-oclock (a to.) (p,m.) Cl I Y SECRETARY No ll:: '1111: C11 Y OF DENTON Cl FY COUNCIL. CHAMBERS IS ACCESSIBLE IN AC'C'ORDANCE Willi I'11E AMLRICANS WITH DISABILFIIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR I'fiE IIEARINO IMPAIRED IF RI-QUF.S"1"1?1) AT LEiAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. P1.LASF CALL II1E CITY SLCRETARY'S OFFICE AT 349.8309 OR USE II!LECOMMUNIC'AI IONS DEVICES FOR THE DEAF (TDD) BY CALLINO 1.800- r I'' RFI.AY I \ SO THA F A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED I I IROUGFI I III; C H Y SFCRI fARY'S OFFIC'E' i h t l a I `L CITY OF DENTON CITY COUNCIL MINUTES ~o~aarrt►.2~_ T September 7, 1999 AQIOdi Ibm Dal! Regular Meeting of the City of Denton City Council on Tuesday, September 7, 1999 al 6; p. in the Council Chambers at City Hall. PRESENT: Mayor Miller, Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None i j Posting of Colors by Cub Scout Pack 59-'A'ebelo 1 Den 1. Pledge of Allegiance ]'he 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 June 1, June 8, June 15, June 16, and June 22,1999. Beasley motioned, Burroughs seconded to approve the minutes as presented. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye', Durrance "aye", Kristoferson "aye', Young "aye", and MayorMillcr"aye'". Mot ion carried unanimously, ' F ' ' 'IATIO,\S/PROCLANIATIONS 3. Mayor Miller presented the September Yard of the Mo:ah Awards to: Robert and Ann Richardson Geoffrey Ferguson Mr. rnd Mrs. Richard Max%%cII Leonard Jones 1 he I,amcr's Building 4. Mayor Miller presented the following proclamations 1 A, Constitution Week B, Denton Main Street WoA QM EN EN REOUESTS 5. The Council considered a request for an exception to the noise ordinance for the 4t° annual C'o%%boys for C'odi Rodco and Barrel Race at the North Texas Fairgrounds on September 10. 11 and 18. 1999. r Young motioned, Nurroughs seconded to approve the exception, On roll vote, Beasley "aye", Burroughs "ayc'", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Stiller "aye". Motion carried unanimously. C, c. ' City of Nnton City Council Minutes September 7, 1999 Page 2 6. The Council considered a request for an exception to the noise ordinance for the City of Denton employees for their annual picnic on Sunday, September 190, from 11:30 am, to 2:00 p.m. Kristoferson motioned, Cochran seconded to approve the exception. On roll vote, Beasley "aye" Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller"ayc". Motion carried unanimously. 7. The Council considered a request for an exception to the noise ordinance for the pouring of the concrete foundation and walls before 6;00 a.m. by Radcliff Constructors, Inc., at the City of Denton Service Center between September g, 1999 and September 30, 1999. Council Member Young asked if the neighbors in the area had been contacted, Rodney Mitchell, Management Assistant, stated that the neighbors had not been contacted. Mike Leavitt, Manager of Construction Projects, stated that the neighbors had not been contacted yct because they wanted to have permission first and would then inform the neighbors. There would be two major pours done. Door hangers would be distributed as soon as the project was approved. Young motioned to deny the request. Motion died for lack of a second. Kristoferson motioned. Cochran seconded to approve the exception. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Stiller"aye". Slotioncarricdwitha6.1 vote. UTIZEN REPORT S. 'I he Council received a report from Dessie Goodson concerning "threats and quotes", Ms. Goodson stated that other types of "threats" were given to the City but nothing had been 1 done regarding those threats. She felt that her civil rights had been violated by the City for the past five years. CONSENT AC ENDA Council Member Cochran asked that Item 436 be pulled for separate consideration. Burroughs motioned, Durrance seconded to approve the Consent Agenda and accompanying ordinances with the exception of Item 436. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Slayer Miller "aye". Slotion carried unanimously, Council Member Cochran requested a staff report on Item 436. H,,da Ratliff. Director of Economic Development, stated that this was an amendment to the existing contract for the economic development program. It was the same agreement as two i City of Denton City Council Minutes September 7. 1999 Page 3 )-cars ago aith the dates and amount changed. The amount approved in 1997 was $161,217 and aas SI 12 ti96 in 1998 because of a vacancy in the vice-president position. The proposed agreement for was for $168,837 with the amounts to be split bctaeen the general fu,td and utility fund. Young motioned, Burroughs seconded to approve Item #36. Council Member Cochran stated that the city's participation had increased while the Chamber's portion had not increased. On roll vote to approve Rem #36, Beasley "aye", Bvrroughs "aye", Cochran "nay", Durrance "aye Kristuferson"aye", Young "a) c'", and Aiayor Mill,,r "aye". Molioncarried with a 6.1 vote. 9. Approved a tax refund to Georgia-Pacific in ,he amount of $1,478.81 due to an overpayment. 10. Approved a tux refund to Rcnt-A-Center in the amount of $2,873.37 resulting from a duplicate pa)ment. 11. NO, 99.282 AN ORDINANC'E' ACCEPTING COMPIAlliVE RIDS AND AWARDING A C'ONTRAC 1 FOR ME, PURCHASE: OF A FULL. FACILITY; PROVIDING FOR THE F\PHNI)1 PURE OF FUNDS '1111{RFFOR; AND PROVIDING AN EFFECTIVE DA I L. (BID 42392 - LANDFILL FUEL FACILITY EAGLE' CONSTRUCTION AND FNVIRONNILNTAI. SERVICES, INC. • 560,537) 12. l his hens was pulled from consideration. 13, NO, 99.283 AN ORDINANCE A01110MING ME CHY MANAGER TO EXEC'U1E A PROFLSSIONAL SERVICES AGREEMENT WITII CARTER & BURGESS, INC. TO PROVIDE PROFESSIONAL SFRVIC'ES FOR THE PARKS AND RECREATION SIASIER PLAN PROJECT AND RELATED SERVICES AS SET FORT[] IN THE CONTRACI; PROVIDING 17OR 1111: EXPLNDI LURE OF FUNDS TIIEREFOR; AND PROVIDING AN E'FFLCIIVE DATE. (PROFESSIONAL SERVICES AGREVAII;N7' 02413 - PARKS AND RECREATION MASTER PLAN PROJECT CAR I1fR & BURGEiSS • 564,870) 14, NO. 99-284 r, A AN ORDINANCE APPROVING ME EXPENDITURE OF FUNDS FOR THE PURC'HASI'. OF CELLULAR DIGITAL '1ELEPHONE SERVICE AVAILABLE FROM ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXE NIVIING SUCH PURCHASES FROM REQUIREMENTS OF COMPF]HIVE BIDS; AND PROVIDING AN EFFECTIVE DATE: ( PO 90436 - AT&T wIRLI.ESS • $26,783) r ~ V c c City of Denton City Council Minutes September 7. 1999 p Page 4 15. NO. 99.285 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EN1ER INTO AN AGREEMENT WITH THE BANK OF AMERICA AND TO PARTICIPATE IN AN AGREEMENT BETWEEN THE BANK OF AMERICA, NT & SA AND THE GENERAL SERVICES COMMISSION RELATING TO THE USE OF PURCHASING CARDS; AUTIIORIZING THE CITY MANAGER TO MAKE THE EXPENDITURES SET FORTH IN THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE. (FILE 2411 - AGREEMENT 303.946-AI BETWEEN THE STATE OF TEXAS GENERAL SERVICES COSIMISStONBANK OF AMERICA AND THE CHY OF DENTON FOR A PUR:ItASING CARD SYSTEM) 16. NO. 99-286 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR THE MAINTENANCE OF SOFTWARE; AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION DEPARTMENT OF INFORMATION RESOURCES (DIR); PROVIDING FOR THE: EXPENDIFURE OF FUNDS THEREFOR; AND PROVIDING AN liFFECTIVEi DATE. (PO 96601 - TEXAS DEPARTMENT OF INFORMATION RESOURCES - $31,047.56) - DEPARTMENT OF INFORMATION RESOURCES 17. NO. 99-287 AN ORDINANCE ACCEPTING COMPE:TEIIVE BIDS AND AWARDING A C'ONIRACE FOR "fill; PURCHASE OF A SE1.F-CONFAINED BREATHING APPARATUS (SC'BA) C'OMPRLSSOR/FIE.I. STATION; PROVIDING FOR THE I[XPI:NDI I URI:' OF FIINI)S TEIF.RLFOR; AND PROVIDING AN F.FF'ECfEVE DATE (1111) 2388 - SC'BA COMPRESSOR/FILI, S IWI ION - CASCA INDUSTRIES, INC. - $42,693.30) 18, NO. 99-288 AN ORDININCF. APPROVING A REAL. ESTATE CONTRACT BETWEEN THE C'13Y OF DEN1'ON AND LAKE CITIES CONGREGATION-DENTON-OF JFI IOVAI I'S "I INESSE:S. INC., RFLAI ING TO TIIE PURCHASE OF 0.003 ACRES OF LAND FOR THE EXPANSION OF U.S. HICHWAY 77 (PARCEL 34); AUH1ORIZING '1111; EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN I''FFFC I IVE DACE. r 19. NO. 899.040 1 - A RESOLU I ION ALLOWING T1 IL BLACK CHAMBER OF COMMERCE TO BE 1111: SOLE PAR IIC'IPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT 1111, BLUES FESTIVAL ON SE'PTEMHFR 18. 1999 UPON THE CONDIFIONS OF OB EAINING BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE t City of Denton City Council Minutes September 7, 1999 r Page 5 CITY FOR ANY LIABILITY; AUTHORIZING THE CFFY MANAGER TO EXECUTE. THE AGREEMENT FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. (Items 20-36 were items that supported the proposed 1999-2000 budget and had been previously considered in budget %kork sessions) 20. NO.99-289 AN ORD114ANCE OF THE CITY OF DENTON, TEXAS ESTABLISEIINO A ,MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT TECIINOLOOY FEE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR AN EXPIRATION DATE. 21. N0.99.290 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 6 OF THE CODE OF ORDINANCES RELATING TO "ANIMALS" BY ADDING SECTION 6.38 TO PROVIDE FOR THE CREMATION OF ANIMALS BY THE CITY OF DENrON ANIMAL SIIELIE.R; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE, 22, NO. 99-291 AN ORDINANCE: OF I'HE CITY OF DE:NTON, TEXAS AMENDING ORDINANCE 91-08211 W SC'l1EDULE:OF FEES, AS IT RELAIES TO EUFIIANASIA AND FEES RELAILD TO TIIE: HANDLING OF CRF.AIATIONS OF ANIMALS; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVE.RABILETY CLAUSE; PROVIDING FOR A SAVINGS C'LAUSF; AND PROVIDING FOR AN EFFECI IVE DATE. 23• NO. 99-292 AN ORDINANCE. AUMORIZING AND ALLOWING, UNDER THE ACT GOVERNING "EHE: TEXAS MUNICIPAL. RMIREhIENT SYSTEM, "UPDATED Sf'.RVICI: C'RE.DII'S" IN SAID SYS'IFNI ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING SIEMDERS OF SUCH SYSTEM WHO AT THE EFEEC 11VE. DA i E OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CII Y OF DENTON, PROVIDING FOR INCREASED PRIOR AND CURRENT SI;RVICI: ANNUITIES FOR REEIREIS AND BENEFICIARIES OF DECEASED x RIAIRLES 01: TEIE; CITY; TO INCREASE THE RATE OF DEPOSITS TO THE I i:XAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE C'FEY; AND ES EABLES111NO AN EFFECHVE DATE FOR I1IE ORDINANCE. c 1 I I c City of Dcnton City Council Minutes Septcmbcr 7, 1999 Page 6 24. N0.99.293 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE NO. 98.263 FOR WATER SERVICE WHICH AMENDS THE WFl^1,ESAL.E 'CREATED WATER SFRVICF TO UPPER TRINITY REGIONAL WATER DISTRICT ("UTRWD") SCHEDULE WW2; ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE; PROVIDING FOR A REPEALER; PROVIDING FOR THE FXPENDITURF. OF FUNDS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR RETROACTIVE EFFECT OF THE AMENDMENT RESPECTING SCHEDULE (W142); AND PROVIDING FOR AN EFFECTIVE DATE. 25. NO. 99-294 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO, 98.266, AS AUTHORIZED BY CI IAPT ER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26.3, 26-4, 26-5, 26.7, 26-8(A), AND 26.9 OF THE CODE' OF ORDINANCES OF THE CITY OF DENTON, TEXAS SHALL E?XPRFSSLY APPLY TO CITY OF DENTON SOLID WASTE SERVICE; AMENDING Till: CHARGES FOR INACCESSIBLE AND UNSERVICEABLE C'ONIMINERS: AMENDING THE CONTAINER LOCK INSTALLATION AND REMOVAL CHARGE; AMENDING THE BRUSH FEE CHARGE FOR BRUSH BROUGIIr TO TIIL CITY OF DE:NTON LANDFILL; PROVIDING FOR A RLPFALFR; PROVIDING FOR A SLVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, 26. NO. 99.295 AN ORDINANCE AMENDING TT II; SCIIFDULE. OF WATER RATES CONTAINED IN ORDINANCE NO. 98-263 FOR WATER SERVICE; AMENDING TIIE CHARGES FOR "IAP AND NII:IFR FEES; AMENDING TTIE WHOLESALE RAW WATER SERVICE RAI I' TO UTRIA'D (WRW); AMENDING THE WHOLESALE TREATED WATER RATT; '10 UTRWD (WN'2); DELETING TTIE ADOPT•A-SPOT WATER SERVICE RATE (WGA); RECODING THE OUTSIDE CORPORATE: LIMITS RESIDLN"ITAL WAIF'R SERVICE: RATE FROM (WRE) TO (WRO); RECODING TTIE; OUTSIDE: CORPORATE LIMITS COMMERCIAL & INDUSTRIAL WATER SIRVIC'F RATA: IROM (WCE) T'O (\4'CO); PROVIDING FOR A REPEALER; PROVIDING FORA SLVI:RABILIIY CLAUSE; PROVIDING FOR RETROACT'IVF• FFI'EC°I OF TTIF. ASILNUMEN"I RFSPECTTNO THE WHOLESALF TREATED WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT ~ k t ("U I RWD") SCI [FDULF. AAQ; AND PROVIDING FOR AN EFFECTIVE DATE, 27. NO, 99.296 AN ORDINANCE: AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE NO. 98.264 FOR WASTEWATER SERVICE; i I l R I I~ I I City u(D~nton City Council Minutes September 7, 1999 i Page 7 AMENDING TILE BIOCHEMICAL OXYGEN DEMAND (BOD) AND TOTAL SUSPENDED SOLIDS (TSS) RATES APPLICABLE TO COMMERCIAL, INDUSTRIAL AND WHOLESALE WASTEWATER RATES; AMENDING AND RF.CODING THE' RESIDENTIAL AND COMMERCIAL WASTEWATER MINIMUM VOLUME. CHARGED TO WASTEWATER CUSTOMERS WITHOUT CITY OF DENTON WATER SERVICE (SR, SMII, AND SC); ADDING A MOBILE HOME PARK WASTEWATER SERVICE RATE (SMII); COMBINING THE EQUIPMENT SERVICES (SES) AND RESTAURANT & FOOD SERVICES (SEP) RATES INTO THE EQUIPMENT SERVICES FACILITIES AND RESTAURANT & FOOD SERVICES ESTABLISHMENTS RATE. (SEE); DELETING THE COMMERC1ALANDUSTRIAL PRETREATMENT RATE(SPT) AND ADDINO THOSF CUSTOMERS TO THE REGULAR COMMERCIAL/INDUSTRIAL RATE (SC); RECODING THE METERED WASTEWATER INSIDE/OUTSIDE THE CORPORATE LIMITS RATE (SM); ADDING A COMMERCIAL AND INDUSTRIAL WASTEWATER VOLUME RATE WHICH EXCLUDES METERED WATER VOLUME (SCS); AMENDING THE WASTEWATER TAP FEES; ESTABLISHING A SF,PARATE MANHOLE BREAKOUT FEE WITHIN THE SCHEDULE OF WASI'EWAIER TAP FEES; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 28. NO. 99-297 AN ORDINANCE OF 311E CITY OF DEN"EON, TEXAS AMENDING THE SCHEDULE OF RATES CONTAINED IN ORDINANCE NO. 98-262 FOR ELECTRIC SERVICE; ADDING THE AMENDNIEN f TO 111E ENERGYSAVE PROGRAM (EP) AS PROVIDED IN ORDINANCE NO. 99-210; ADDING I11E AMFNDMENf TO 'I E:MPORARY SERVICE SCHEDULE (TI) AS PROVIDED IN ORDINANCE NO. 99- 245; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERAIIII.ITY ' C CLAUSE:; AND PROVIDING FOR AN EL FECI WE DATE. 29. NO. 99-298 AN ORDINANCE OF TIIE: CITY OF DFNFON, TEXAS PROVIDING FOR THE SCHEDULE. OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND PRO('LDURF:S FOR ADMINISTRATIVE SERVICES TO CITY CUSfO1IERS AND TAXPAYERS CONTAINED IN ORDINANCE NO. 98-265; PROVIDING FOR A REPEALER: PROVIDING FOR A SEVERABILIFY CLAUSE; AND PROVIDING FOR AN ITT EC'TIVE: DAI E. 30. N0.99.299 AN ORDINANCE OF 1111 CH Y OF DENTON, TEXAS AMENDING ORDINANCE 91.081 RLLAI ING TO'H It: SCHEDULE OF FEES FOR THE CITY OF DENTON BY ENC'RFASINO FEES FOR INSPECTION OF CITY RIGHT-OF-WAY AND PARKING LOT PERMH S AND ADDING A FEE FOR APPEALS AND VARIANCES TO THE 1RAFFIC SAFETY COMMISSION; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVLRABILETY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVI DING FOR AN EFFECTIVE DATE. c• v ' City of Denton City Council Minutes September 7, 1999 ! Page 8 31. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE FOLLOWING HOTEL OCCUPANCY TAX FUND RECIPIENTS FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE AND PROVIDING AN EFFECTIVE DATE.: A. 99.300 Denton Holiday Festival B. 99-301 Denton Community Theatre C. 99-302 Denton Festival Foundation D. 99-303 Tejas Storytelling Association E. 99-304 Denton Black Chamber of Commerce F. 99.303 Denton County Courthouse-On-The-Square Museum G. 99.306 Kiwanis It. 99.307 Scholars Phair Foundation 32. NO. 99-308 AN ORDINANCE AMENDING ORDINANCE NO. 91.082 TO PROVIDE INCREASES IN VARIOUS FELS F'OR HOLDING, REGISTERING, QUARANI INING, EUTHANDZ.ING, AND OTHERWISE HANDLING ANIMALS IN TILE: CITY'S ANIMAL. CONTROL FACILITIES PURSUANT TO CHAPTER 6 OF IIIF CODE 01' ORDINANCES OF TILE CITY OF DENTON, TEXAS; PROVIDING TIIAF A SCHEDULE OF FEES SHALL BE MAINTAINED ON FIDE IN THE OFFICE: OF 111E CITY SF.CREiTARY; PROVIDING A SAVINGS CLAUSE:; PROVIDING A SEVERABILFFY CLAUSE; AND PROVIDING AN EFFECTIVE DATE, 33. NO. 99.309 AN ORDINANCE: OF IHE CITY OF DENI'ON, IEXAS AMENDING CHAPTER 25, ARFICI E 1V "PARADES" OF THE CODE: OF ORDINANCES OF THE. CITY OF DEN ION TO PROVIDE: FOR FEES FOR FUNERAL ESCORTS BY THE DENTON POI.IC'F, DEPARINIENT; PROVIDING A SAVINGS CLAUSE; PROVIDING A SYVLRA1111.1 FY CLAUSE; AND PROVIDING AN EFFECTIVE DATE;. 34. NO.99-310 AN ORDINANCE. OF THE CITY OF DENTON. TEXAS AMENDING ARTICLE IV ENIIfLED "STOPPING- STANDING AND PARKING" OF IHE MOTOR VHNC I.FS AND TRAFFIC CHAPTER OF IHE CODE OF ORDINANCES OF THE CITY OF DLNI ON. T1 NAS BY AMENDING SECTION 18.104(A) RELAIING TO S"FORAGE AND IMPOUNDMENT FEES FOR IMPOUNDED VEHICLES; AMENDING ARTIC'LE IV EN TETLED "POLICE INITIATED TONING SERVICES" - OF II IL POLICE CFIAPI ER OF T11E CODE OF ORDINANCES OF THE CITY OF DE,NION. TEXAS BY AMENDING SECTION 23.87 TO ESTABLISH A S 1'ANDARD TOW FEE AND AN ADDITIONAL C IIARGF IF DOLLIES ARE USED; PROVIDING A SEVE'RABILI TY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DALE, i a City of Denton City Council Minu!es September 7, 1999 Page 9 35. NO.99-31 l AN ORDINANCE AMENDING SECTION 22-38 OF CHAPTER 22 (PAItKS AND RECREATION) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS RELATING 1'0 FACILITY AND PROGRAM FEES BY ADOPTING A SCHEDULE OF FEES; REPEALING ALL FEES IN CONFLICT WITH SUCH SCHEDULE; REPEALING ORDINANCE NO. 91-055 AND ALL ORDINANCES IN CONFLICT WITH THE NEW SCHEDULE OF FEES; AND PROVIDING AN EFFECTIVE DAI F„ M. NO. 99-312 AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE CONSOLIDATION AMENDMENT OF 1110 ECONOMIC DEVELOPMENT PROGRAM AGRF1MENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE PROVIDING FOR A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. BL I EARINGS I 37. The Council held a public hearing and considered approval of a resolution granting approval of a subsurface use or a portion of the Denton Branch Rail/Trail approximately T 10 feet south of 1 kK,p 288 roadway for the installation and maintenance of fiber optics communication line in aecordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a Permit or license and providing an effective date. Ed Ilodncy, Director of Parks and Recreation, stated that similar public hearings were held at l6or Council meetings relalk a to the taking or using of parkland in the City. This request w•as a different utility in a different location. The Parks and Recreation Board endursed the proposal. I he Mayor opened the public hearing. ` No one spoke during the public hearing, The Mayor closed the public hearing. the fol6sing resolution was considered: NO, R99.041 I A RESOLUTION GRANTING APPROVAL OF A SUBSURFACE USE OF A ~4,; r, PORT ION OF IIIF DENTON BRANCH RAILITRAIL APPROXIMATELY 1 10 FEET ✓ SOUTH OF LOOP 288 ROADWAY FOR THE INSTALLATION AND MAIN IFNANC'E OF FIBER OPTICS COMMUNICATION LINE IN ACCORDANCE WI1 H C'I IAPI'ER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A PERMIT OR LICENSE AND PROVIDING AN FFFEC"IIVE DATE. C I t~ t City of Denton City Council Minutes September 7, 1999 Page 10 Cochran motioned, Burroughs seconded to approve the resolution. On roil vote, Beasley "aye', Burroughs "aye", Cochran "aye", Durance "aye", Kristoferson "aye", Young "aye", and Mayor Miller"aye". Motion carried unanimously. 38. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, designating the property located at 421 East hickory Street as a historic landmark under Section 35-215, Article V of Chapter 35 of the Code of Ordinances; providing for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective date. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The follo%6ng ordinance was considerc& NO. 99-313 AN ORDINANCE OF 711E CITY OF DENTON, TEXAS, DESIGNATING THE PROPI:RT'Y LOCATED AT 421 EAST HICKORY STREET AS A HISTORIC LANDMARK UNDER SECTION 35.215, ARTICLE V OF CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN 1 EI 1 FC I IVE DATE. Kristoferson motioned, Cochran seconded to adopt the ordinance, On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "ayye", and Mayor Miller"ayc', Motioncaricdunanimously, 39. The Council held a public hearing and considered adoption of an ordinance of the City of Wnton, Texas, designating the property located at 610 Oakland Street as a historic landmark III under Section 35.215, Article V of Chapter 35 of the Code of Ordinances; providing for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective date. I he Mnyar opened the public hearing. No one spoke during the public hearing. Ile Mayor closed the public hearing. r 4, r I he following ordinance vvas considered; 4 i II I Ii City of Denton City Council Minutes September 7, 1991 Page I 1 NO. 99-314 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING IHE PROPERTY LOCATED AT 421 EAST HICKORY STREET AS A HISTORIC LANDMARK UNDER SECTION 35.215, ARTICLE V OF CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Heasley "aye', Burroughs "aye", Cochran "aye". Durrance "aye", Kristolerson "aye", Young "aye", and Mayor Miller"aye'. Motion carried unanimously, 40. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, designating the property located at 100 Noah Locust Street as a historic landmark under Section 35.215, Article V of Chapter 35 of the Code of Ordinances; providing for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective date. The Mayor opened the public hearing. No one spoke during the public hearing. The NFayor closed the public hearing. The following ordinance uas considered: NO. 99-315 AN ORDINANCE OF IIIE CTIY OF DEN'CON, IF?XAS, DESIGNATING THH PROPFRIY LOCATED AT 100 NORTH WCUST STREET AS A HISTORIC LANDMARK UNDER SECTION 35.215, ARI ICLE V OF CHAPTER 35 OF THI: C'ODF. OF ORDINANCES; PROVIDING FOR A PFNAr TY IN THE MAXIMUM AMOUN F 01: 52,000 FOR VIOLATIONS TI It REOF; AND PROVIDING FOR AN FFIFCI IVE DA'I'S". Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye" , Burroughs "aye". Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Millcr"ayc". Motioncarriedunanintously. 41. Fhe Council held a public hearing and considered adoption of an ordinance of the City of Wnton. Texas, designating the property located at 320 North Austin Street as a historic landmark under Section 35.215, Article V of C'haptcr 35 of the Code of Ordinances; providing, for a penalty in the maximum amount of $2,000 for violations thereof: and providing for an effective date. I he Stayor opened the public hearing. a 4 tCity of Denton City Council Minutes September 7, 1999 ! Page 12 No one spoke during the public hearing. The Mayor closed the public hearing. 'rhe following ordinance was considered, i NO. 99-316 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 520 NORTH AUSTIN STREET AS A HISTORIC LANDMARK UNDER SECTION 35.215, ARTICLE: V OF CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye', Burroughs "aye", Cochran "aye", Durrance "aye", Krislofcrson "aye", Young "aye'", and Mayor Miller"aye'. Motioncarriedunanimously, 42. The Council held a public hearing regarding the draft Comprehensive Plan. i r Dave Ili[% Assistant City Manager for Development, stated that this was the first formal public hearing for the comprehensive plan. Many prior public meetings had been held regarding the plan. Staff was recommending that Council hold the public hearing and take in more input regarding the proposal. I he Iviayor opcncd the public hearing. I he following individuals spoke during the public hearing, I Chuck Carpenter, 1112 Pennsylvania Dr„ Denton, 76205 - favor Bob Mocs, 1400 Robinson Rd., Corinth, 76205 - favor William Darby, 2208 Crestmeadow, Dcnton, 76207 - opposition Sherry Darby, 2208 C'restnteadow, Denton, 76207 - opposition Fd Soph. 1620 Victoria Drive, Denton, 76201 - opposition Michelle Rinkcvich. 2704 Stephen Dr„ Denton - opposition the following individuals submitted comment cards: Shelley Shay, 2524 John Drive, Denton, 76207-opposition Joyce Poole, 3021 N. Bonnie Brae, Denton, 76207 -opposition "I he Mayor closed the public hearing. 43. 1 he Council continued a public hearing and considered rezoning a 5.0 acre site from an agricultural (A) zoning district to a Light Industrial with Conditions ILI(c)] zoning district. The properly was located on the north side of Mingo Road, bctKren Loop 288 and Cooper Creek 4 I . I City of Denton City Council Minutes September 7, 1999 Page 13 Road. Light industrial use waa proposed. The Planning and Zoning Commission recommended approval (7.0). (Z.-99-043, Mingo(Loop 288) Mark Donaldson. Assistant Director of Planning and Development, stated that the proposal was to rezone the property to a light industrial zoning district with conditions. The property was currently undeveloped. Council had postponed the prior public hearing on August 17th requesting additional information on the proposed use, To date, the applicant had not provided any additional information. The Mayor opened the public hearing. The follo-Aing individuals spoke regarding the proposal: Greg U%ards, 300 N, Carroll Blvd., Suite D, Denton, 76201 - favor Council Member Kristoferson asked if the front of building would be brick and suggested a condition of site approval on the proposal. Fdwards stated that the building fronted the railroad tracks with most of the area buildings being industrial, I Ie felt that that condition was not particularly necessary in this area. E Council Member Borroughs asked about striking some of the uses in light industrial, Yd"ards stated that all of the light industrial uses could be removed except for light manufacturing. 7 he Nlayor closed the public hearing. Burroughs motioned, Young seconded to approve the proposal with the conditions that all of the uses in light industrial be removed except for light manufacturing, the commercial uses were acceptable, and if a permit for air quality was required by the TNRCC, the proposal would be again reviewed by Council before construction was started. Council Member Cothran questioned if the zoning would be contingent on whether or not a TNR(V air quality permit was needed. Council Member Burroughs stated that the petitioner would not have to go through the entire development process if a permit were required but return to Council if one were required and provide the Council with a final review of the proposal. Council Member Kristoferson stated that the list of permitted commercial uses included 7 pages of uses. She questioned if some of those uses should be removed. Councit Slember Cochran statel that he was not in favor of the current proposal as he was concerned with the pro,.imity of the neighborhoods in the area. Mayor Miller suggested that the Council consider postponing the proposal so that staff could meet with the petitioner to work out some of the details such as whether or not an air quality D Y t' l r 1il I III City of Denton City Council Minutes September 7, 1999 a Page 14 { permit was needed, determine a specific use for property and narrow down the uses under the commercial zoning, The public hearing would be continued. Burroughs motioned, Young seconded to postpone consideration of the proposal until the next i regular meeting. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson"nay", Young "aye", and Mayor Miller"aye". Motion carried with a4.3vote. 44. The Council held a public hearing and considered approval of an amended Concept Pian for a Planned Development zoning district (PD-139). The 404 acre property was located between Bonnie Brae Road and I.35W at I'M 2449 (Ponder Road). Commercial, neighborhood services, single-family detached, single-family attached, school and parkland development was proposed. The Planning and Zoning Commission recommended approval (6-0) with conditions. (Z-99.010, The Vintage - PD Concept Plan) Mark Donaldson, Assistant Director for Planning, reviewed the details of the proposal as indicated in the agenda materials. Ile noted the conditions that were detailed by the Planning and "Zoning Commission. Mayor Pro Tern Beasley stated that the lots on Tract E Here shown not to be 7,000 square foot lots. Minaldson stated that the current planned development allowed 6,000 square foot lots but the proposal was for 7,200 square foot lots. That was probably an oversight on the plans. Council Memlxr Burroughs questioned if the greenbelt maps had been studied by FF.'MA at this time. Donaldson stated that if there were to be a request to reclaim the flood plain, a specific study would be required. Council Member Kristoferson stated that the University of North Texas had GIS studies of the area and was in favor of protecting the most sensitive portion of the watershed area. Donaldson stated that the developer intended to dedicate all areas within the 100 year flood plain except for tract G that would be held for a future development site. The Mayor opened the public hearing. i he following individuals spoke regarding the issue: CHIT kiycoskie, 1108 107'„ Street, Arlington, 76012 • favor Charles Lowell, 1812 Woodridge Drivc, Arlington, 76013 - favor - Quintin Burnett, Argyle ISD- neutral x The Mayor closed the public hearing. Young motioned, Burroughs seconded to adopt the proposal as recommended by the Planning and Zoning Commission, i t, I I i City of Denton Cily Council Minutes September 7, 1999 Page 15 Mayor Pro Tern Beasley suggested adding a time limit on the development. If there were no action on the development in four years, it would be reviewed by Council. Dace [fill, Assistant City Manager for Development, suggested using the effective date of the ordinance as the starting date for any time limit used. A detailed plan approval would be included as showing progress on the development. lie questioned what would happen if the proposal were made up of several land use pods. Mayor Pro Tern Beasley stated that the time to do this might be at the detailed plan stage. I fill suggested a two year time limit on detailed plans. Once the detailed plan was approved, the time limit would start. Council Member Burroughs suggested a time frame of submittal of a detailed plan within two years and development within two years from the date of the approved detailed plan. [sill recommended some type of time restraints that would allow adequate time between each phase of construction so as not have many phases going on at the same time. Council held this item to allow the petitioners and staff time to work on an appropriate time limit, Council considered Item #47 47. The Council held a public hearing regarding the proposed disannexation and release from the City's extraterritorial jurisdiction of the follow ing properties: A. Tract 1 - Oakmont 11- 2.107 acres, located north of Robinson Road B. '[Tact 2 - Oakmont IV - 10.603 acres, located south of Robinson Road C. 'Tract 3 - Oakmont IV - 5.709 acres, located south of Robinson Road Mark Donaldson, Assistant Director for Planning, stated that step one in this process was to release T IJ from the City of Denton. Ile had received a memo from Corinth corresponding to Denton's schedule regarding these areas. 'this was the first of two public hearings on this proposal. T he Mayor opened the public hearing, No one spoke during the public hearing. The Mayor closed the public hearing. 4 Burroughs motioned. Young seconded to approve the schedule as presented. On roll vote, J' Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "nay", Young "aye". and Mayor Miller "aye". Motion carried with a 5-2 vote. 48. The Cou,tcil held the first of two public hearings regarding the proposed annexation of the following pwpertics: ct City of Denton City Council Minutes September 7, 1999 t Page 16 A. Tract 1 - Oakmont It -1.469 acres, located north of Robinson Road B. Tract 2 - Oakmont 11- 0.083 acres, located north of Robinson Road C. Tract 3 - Oakmont IV -17,110 acres, located south of Robinson Road D. Tract 4 - Oakmont IV - 0.062 acres, located south of Robinson Road These properties were involved in a proposed boundary adjustment with the City of Corinth. They were generally in the Oakmont area of Denton and Corinth. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. 49. The Council held a public hearing and considered approval of the Detailed Plan encompassing 2.8 acres for the Robson Ranch Water Reclamation Plant within a Planned Development zoning district (PD-173). The property was generally located north of Crawford Road and east of Florence Road within the boundaries of the Robson Ranch Planned Development. The Planning and Zoning Commission recommended approval (6-0). (Z,-99-055) Mark Donaldson, Assistant Planning Director, stated that this proposal was the detailed plan for the Robson Ranch water reclamation plant. No other property owners were within the city of Denton who had to be notified. Property owners outside the development were notified and the developers recently held a meeting with those neighbors. 7 he Mayor opened 6,e public hearing. 1 he following individuals spoke regarding the proposal: Jim Polls, Robson Ranch Representative - Nvor Terry Romanko, 5684 Florence Rd„ Justin, 76247-opposition Nelda Ward, Rt, 2, Box 87W, Justin, 76247-opposition Jim Pohs presented a rebuttal The Mayor closed the public hearing, l he fallowing ordinance was considered: NO. 99-319 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE r~ NO. 99.265, TO PROVIDE FOR THE APPROVAL OF A DETAILED PLAN ; CONTAINING 2.8 ACRES WIHIIN THE CONCEPT PLAN FOR PLANNED DEVELOPMENT 173 (PD-173) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION LOCATED EAST OF FLORENCE ROAD AND APPROXIMATELY 500 FEET NORTH OF C'RAWFORD ROAD; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR t c i City of Denton City Council Minutes September 7, 1999 Pagc 17 VIOLATIONS THEREOF, AND PROVIDINO FOR AN EFFECTIVE DATE. (Z-99- 055) Cochran motioned. Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye'", Cochran "aye", Durrance "nay", Kristoferson "aye", Young "aye", and Mayor Miller"aye". Motion carried with a6-1 vute. Council returned to Item 444. 44. The Council continued a discussion regarding approval of an amended Concept Plan for a Planned Development zoning district (PD-139). The 404 acre property was located between Bonnie Brae Road and 1.35W at FM 2449 (Ponder Road). Commercial, neighborhood services, single-family detached, single-family coached, school and parkland development was proposed. 'rhe Planning and "Zoning Commission recommended approval (6-0) with conditions. (Z-99-010, The Vintage- PD Concept Plan) Dave Ilill, Assistant City Managcr for Development, stated that the private development parcels were L, It. F, K and J and were right•cf-way, greenspace, a school site that would not be included in the time expiration requirements. There were seven remaining stages A/E, C, D. 0, Ib.1, and ill. The developer could select whatever phase he wanted to start within the year 2000 for dcloik.~d plan approval. These were spaced in four year increments to the year 2024. The developer would have to have a recorded final plat completed by two years from the date of the detailed plan approval. Failure to comply with the lime limits would result in a re-examination and possible revision of the approved planned development concept plan upon submittal by the developer. Council Member Cochran stated that he did not like the time limits imposed by the proposal and felt that it would be too long a time for a build out. Council discussed the pros and cons of imposing time limits on the proposal. Mayor Pro Tent Beasley felt bat the proposed time limits might require more study time by the ` C'ouucil. Hill slated that the developer was agreeable to the proposed time requirements, Council Members Young and Burroughs agreed to include the lime lint: as proposed by staff and the developer as noted above On roll vote, Beasley "aye", Iurroughs "aye", Cochran "ayc". Durrance "aye", Kristofcrson"nay", Young "aye",and Alagor Miller "nay Motion carried with a 5.2 vote. A , 45, Ile Council held a public hearing and considered approval of a Detailed Plan f t!-~ cncompa%sing 264.72 acres within a Planned Development zoning district (PD-139). The property was located between Bonnie Brae Road and 1.35W at FM 2449 (Ponder Road). Single- family development, a school site, parkland and open space was proposed. The Planning and Zoning Commission r"ommendcd approval (6-0) with conditions. (Z•99.050, The Vintage-PD Dalaib!d Plan) 4 c o Cily of Denton City Council Minutes September 7, 1999 Page IB Mark Donaldson, Assistant Planning Director, stated that the detailed plan included the tracts that involved the single family residential and the public park and open space dedication. The school plan and neighborhood and commercial areas were not included in this proposal. The Mayor opened the public hearing. 1'he following individuals spoke regarding the proposal, Cliff Mycoskie, 1108 107h Street, Arlington, 76012 - approval Charles Jowrll, 1812Woodridge Drive, Arlington, 76013 - approval The Mayor closed the public hearing. I he following ordinance was considered: NO. 99.318 AN ORDINAN'CF.. OF IIIE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO, 99.317 10 PROVIDE FOR ME APPROVAL OF A DETAILED PLAN CONTAINING 264.72 ACRES W11IIIN 11 IF AMENDMENT CONCEPT PLAN FOR PI ANNED DEVELOPMENT 139 (PD. 139) ZONING DISTRICT CLASSIFICATION AND USE DESIONA1'ION LOCATED BETWEEN BONNIE BRAE kOAD AND IN1I-RSTA1 Ii 35W AT FA12449 (PONDER ROAD); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF; AND PROVIDINO FOR AN FFFI:CI7VE DATI1. 7.-99.050) Young motioned, Beasley seconded to adopt the ordinance with the conditions as recommended by the Planning and Zoning Commlrsion plus 73% of the buildhog exterior, except doors and windows, would be of brick or stone, Council Member Durrance stated that he did not like the detailed plan. Ile felt it was a matter of density transference and the size of the lots were tow small On roll vole, llvasley "aye", Burroughs "a) c", Cochran "a) c". Durance "nay", Ktistoferson "aye", Young "ayc and Ahayor Afiller "aye". Motion carried with a 6-1 vote. 46. the Council held it public hearing and considered approval of a Detailed Plan encompassing 105.996 acres within n Planned Development coning district (PD-174). The property was g.ncrally located north of the City of Argyle bviween Interstate 33W and John Paine Road. Single-family development, a school site, parkland and open space was proposed. I he Planning and Zoning Commission recommended approve! (5-I) with conditions. (7.-99.040, Willow lakes West) Murk Donaldson stated that the proposal was for 278 single-family dwelling units, a 15 acre school site and open space/parkland dedication. Ile reviewed the conditions as recommended by the planning and Zoning Commission as noted in the agenda materials. 'I he Slayor opened the public hearing. 1 1 t r City of [knton City Council Minutes September 7, 1999 r Page 19 The following individuals spoke regarding the proposal: Sue Blankenship, Caner & Burgess favor The Mayor closed the public hearing. Quentin Bumclt, Argyle ISI), slated that the AND had not had time to review the plans for the provisions fir the school site, Kristoferson motioned, Burroughs seconded to postpone consideration and continue the public hearing in two weeks. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durance "aye", Kristoferson" iye", Young "aye", and Mayor Miller "aye". Motion carried unanimously, V RIAM 51. The Council considered approval of a request for reconsideration for exaction variances from Sections 34.114(17)b and 34.114(5)6, concerning improvements to existing perimeter streets and construction of sidewalks, of the Subdivision and Land Development Regulations for Lots 1 and 2, Block I of the Campus Housing Addition, The 19.33-acre subdivision was located on the north side of Meadow Street and the south side of Inman Street. The Planning and Zoning Commission recommended approval 4.3, The City Council denied the variance on August 17, 1999, by a vote of 6.1. (V-99-(Y17, Campus Housing Addition) Burroughs motioned, Young seconded to suspend the rules to reconsider the exaction variance. On roll vote, Beasley "aye", Burroughs Cochran "aye", Durance "aye", Krisloferson "aye", Young-a)c", and MayorNlillcr"aye". Motioncarriedunanimously. Mark Ihmaldson stand that the petitioner had requested a variance from improvements to the existing perimeter streets and construction of sidewalks. 11 was his understanding that letters of support had been submitted from the three single-family property owners in the development. Council Member Cochran slated that he was not in favor of the variance. lit might agree to a delay for the requirements or to lie it to some other development in the future, Council Member Young slated that the three neighbors in the area did not want the street with the increased traffic in the area, Burroughs motioned, Young seconded to approve the variances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durance "nay", Kristoferson "nay", Young "ayc", and Mayor Miller "ayr". Motion carried with a 4.3 vote. i 50, 'Ihc Council held a public hearing and considered approving an ordinance amending Chapter 35, "Zoning" of the Code of Ordinances of the City of Denton, Texas, Section 35-3, l f' v, "Definitions", Section 35.76, "Ikfinitions and Explanations", and Section 33-301 "Off-Street Parking and Loading", T he Planning and Zoning Commission recommended approval 5-0. Davc l lilt, Assistant City Msnagcr for Development, stated that the proposal was to address off- street parking concerns as they related to multi-family development. Staffs recommendation r t City of Denton City Council Minutes September 7, 1999 Page 20 was that the number of parking spaces per unit be related to the number of bedrooms on a one-to- one basis. In addition, all multi-family residential structures would need one additional space for each 10 bedrooms for visitor parking to respond to concerns for additional parking needs for guests. Ile reviewed the changes in the current regulations with the proposed regulations. i, City Attorney Prouty stated that a unit referred to an entire apartment regardless of the number of bedrooms. Council Member Kristoferson stated that the proposed ordinance did not solve the question she had raised. She had requested a definition of a multifamily unit and how to apply that to density. She felt that the density mix had not been addressed. Council Member Cochran stated that this was one aspect for the reason for the moratorium. Ile Celt it was appropriate to proceed as this level of derail was not in the draft Comprehensive Plan as that was more of a general policy proposal. The h1ayor opened the public hearing. No one spoke during the public hearing. ]"he Mayor closed the public hearing, 'I he Following ordinance was considered: NO. 99-320 AN ORDINANCE: AMENDING CEIAPfER 35, "ZONING" OF THE CODE; OF ORDINANCES OF IFIE CHY OF DENTON, TEXAS, SECTION 35.3, "D1:FIN1[IONS". SECTION 35.76, "DEFINITIONS AND EXPLANATIONS, AND SEC 110N 35.301, "OFF-STREET PARKING AND LOADING": PROVIDING FOR A PFNAIAY IN 1111: AMOUNF or 32,000 FOR VIOLATIONS 111EREOF; PROVIDING FOR A SAVINGS CLAUSE:; PROVIDING FOR A SEVF.RA111LITY CLASISF': AND PROVIDING FOR AN EFFECI1VE DATE. Cochran motioned. Burroughs seconded to adopt the ordinance with a change to exclude a multi- family dwelling %%ith less than 50 dwelling units and comprised exclusively of one-bedroom dvwlling units from the condition of one additional visitor parking space for every tAo bedrooms. On roll vote, Beasley "aye". Burroughs "aye", Cochran "aye", Durrance "nay", Krislofcrson "nay", I oung "ayc", and 1layor Miller "aye Motion carried with a 5.2 vote, I1 F~ 5 F'UR iNU11'IUUAI, RATION 51 ]he Council considered approval of a resolution rescinding the "Llmilations on Acceptance and Processing of Applications for Establishment of Multiple Family D%kellingx" by j repealing Resolution R99.022, Resolution R99-023, and Resolution R99-032, and providing an effective date. I he folio" ing resolution was considered: II lI City of Denton City Council Minutes September 7, 1999 Page 21 NO. R99.042 A RESOLUTION RESCINDING THE "LIMITATIONS ON ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR ESTABLISFIMENT OF MULTIPLE FAMILY DWELLINGS" BY REPEALING RESOLUTION R99.022, RESOLUTION 899.023, AND RESOLUTION R99-032, AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Young seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion carried with a 5.2 vote. 53. The Council considered adoption of an ordinance to voluntarily annex a 37.03 acre tract located on the east side of Teasley Lane, approximately 700 feet south of Hickory Creek Road, in the City of Denton extraterritorial jurisdiction (ET1), to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. (A-88, First Reading) The following ordinance was considered: (First Reading) AN ORDINANCE, TO VOLUNTARILY ANNEX A 37.03 ACRE TRACT LOCATED ON TIIE FAST SIDE; OF IEASLEY LANE, APPROXIMATELY 700 FEET SOUTII OF HICKORY CREEK ROAD, IN I IIF, CITY OF DENTON EXTRATERRITORIAL JURISDICIION (ETJ), TO APPROVE A SERVICE PLAN FOR THE ANNEXED PROPERTY, 10 PROVIDE; A SLVERABILIlY CLAUSE AND TO PROVIDE FOR AN IfFFEC'1TVE. DA1 E. (A-88, FIRST READING) Beasley motioned. Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye', ('ochran "ayc'", Durrance "aye', Kristoferson "aye", Young "a)e", and Mayor Millcr "a)c". Motion carried unanimously, 1 54. the council considered adoption of an ordinance to voluntarily annex 34,40 acres of land located on the north side of Ryan Road and east of Forrestridge Drive in the City of Denton's emraterriorial jurisdiction (1 I'1), to approve a service plan for the annexed property, to provide a sevcrability clause and to provide for an effective date. (A-90, First Reading) I he following ordinance was considered: (First Reading) AN ORDINANCE TO VOLUNTARILY ANNEX 34.40 ACRES OF LAND LOCATED ON IIIE NORT II SIDE OF RYAN ROAD AND LAST OF FORRESTRIDGE DRIVE: IN 111E (Illy OF DEiNTON'S EX1'RA'IERRITORIAL JURISDICTION (ETJ), TO APPROVE A SERVICE PLAN FOR THE ANNEXED PROPERTY, TO PROVIDE A SF.VERABILITY CLAUSE: AND TO PROVIDE FOR AN EFFECTIVE DATE. (A•90, FIRST READING) ► t 1 I I ~ 1 I City of Denton City Council Minutes September 7, 1999 Page 22 Burroughs motioned, Beasley seconded to adopt the ordinance, On roll vote, Beasley "Bye", Burroughs "age", Cochran "aye', Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Millcr"ayc". N1otioncarriedunanimously. 55. The Council considered adoption of an ordinance to voluntarily annex a 46.21 acre tract located at the southeast comer of NoHiin Road and Robinson Road, in the City of Denton's extraterritorial jurisdiction (ETJ), to approve a service plan for the annexed property, to provide a scvcrability clause and to provide for an effective date, (A•91, Kirby Tract-First Reading) The following ordinance was considered: (First Reading) AN ORDINANCE TO VOLUNTARILY ANNEX A 46.21 ACRE TRACT LOCATED AT TIIE SOUIIIEAST CORNER OF NOWLIN ROAD AND ROBINSON ROAD, IN WE CITY OF DE.NTON'S EXTRATERRITORIAL JURISDICTION (ETJ), TO APPROVE: A SERVICE PLAN FOR THE, ANNEXED PROPERTY, TO PROVIDE A SF.VLRABILI'TY CLAUSE AND 1'0 PROVIDE FOR AN EFFECTIVE DATE. (A•91, KIRBY I RACT•FIRST READING) Burroughs motioned, Beasley seconded to adopt the ordinance, On roll vote, Beasley "aye", Burroughs Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye', and Mayor Niillcr"aye'". Motion carried unanimously. 56. ]'he Council considered adoption of an ordinance authorizing the City Manager to make application to the Children's Trust Fund of Texas to obtain a grant for a family resource center; authorizing the City Manager to negotiate and execute a contract with the Children's Trust Fund of 1'exas for a family resource center; and providing an effective date. The following ordinance was considered: NO. 99-321 AN ORDINANCE AUTIIORIZINO TILE: CITY MANAGER TO MAKE AI PLIC'A110N 'TO 111E CHILDREN'S 'I RUST FUND OF rFXAS TO OBTAIN A CiRAN1 FOR A FAMILY RFS0IJRCE CENTER; AUIIIORIZING '111E CITY MANAGER '170 NFGO'I'IATF AND EXECUTE A CON'IICACT WI'fll THE CHILDREN'S IRUSI' FUND OF TEXAS FOR A FAMILY RESOURCE CENTER; AND PROVIDING AN EFTEC'TEVE DATE, Beasley motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye Cochran %)c'', Durrance "aye", Kristoferson "aye", Young "aye'", and Mayer Nliller"aye". Motioncarriedunanimously. <<' 57. 'l he Council considered approval of a resolution voting for a member to the Board of { Managers of the Denco Area 9-1-1 District; and declaring an effective date. the following resolution was considered: 1 l' It< t ~City of Denton City Council Minutes September 7, 1999 Page 23 ` NO. R99-043 A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9.1-1 DISTRICT; AND DECLARING[ AN EFFECTIVE DATE. Kristoferson motioned, Cochran seconded to approve the resolution voting for Olive Stephens for the Board of Managers. On roll We, Beasley "aye", Burroughs "aye", Cochran "aye", Durance "aye', Kris;ofe "aye", rson Young "aye", and Mayor Miller "aye", Motion carried unanimously. 58. The Council considered approval of a resolution amending the authorized representatives of the City of Denton, Texas authorized to transmit funds for investments in the Texas Local Govcmmcnl Investment Pool ("TexpooE") and to undertake other transactions with regard to investment in Texpool as set forth in the body of this resolution; and providing for an effective date. T'he following resolution was considercd, NO. R99-044 A RESOLUTION AMENDING THE AUTHORIZED REPRESENTATIVES OF THE CITY OF DENTON, TEXAS AUTIIORI7F.D TO TRANSMIT FUNDS FOR INVESTMENTS IN TTIE TEXAS LOCAL GOVERNMENT INVESTMENT POOL ("T'1WOOL") AND TO LMDERTAKE OTIIER TRANSACTIONS WITH REGARD TO INVESTMENT IN TEXI'OOL AS SET FORTH IN TTIE BODY OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to approve the resolution. On roll vo1e, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and MayorMillcr"ayu". Mot ion carried unanimeusly. tIUDGETORDINANC't+cruES UITIOIN 59. The Council considercd adoption of an ordinance adopting the budget for the City of 1 Denton. Texas, for the fiscal year beginning on October 1999, and ending on September 30, 2000; and declaring an eflictive date. T he following ordinance was considered; NO. 99-322 AN ORDINANCE ADOPTINO TTIE; BUDGET FOR TIIE CITY OF DENTON, TEXAS, FOR THE F'ISC'AL YEAR BEGINNING ON OCTOBER 1, 1994, AND E'.N[)INO ON SEPTEMBER 30, 2000; AND DECLARING AN EFFECTIVE DATE, Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "eye", Burroughs "aye", Cochran "aye Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller ape'". Motion carried unanimously. r. I City of Denton City Council Minutes September 7, 1999 , Page 24 60. The Council considered adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas, for the year 1999, on all taxable property within the corporate limits of the City on January 1, 1999, not exempt by law; providing revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date. The following ordinance was considered: NO. 99-323 AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DE:NTON, TEXAS, FOR 1IIE YEAR 1999, ON ALL TAXABLE PROPERTY WITIIIN THE CORPORATE LIMITS OF THE CITY ON JANUARY I, 1999, NOT LXLN1PT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE. DATE. Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durtance "aye", Kristoferson "aye", Young "aye", and Mayor Miller"ayc", MotioncarricdunanimousIy. 61. The Council considered adoption of an ordinance of the City of Denton, Texas, 1 aprruving the 1999 tax rolls; and providing an effective date. 'Ihc following ordinance was considered: NO. 99.324 AN ORDINANCE OF 1HE C H Y OF DENTON, TEXAS, APPROVING THE 1999 1AX ROLI,S; AND PROVIDING AN EFFECTIVE DATE. Kristofcrson motioned, Cochran seconded to adopt the ordinance, On roll vote, Beasley "aye', Burroughs "aye", Cochran "a) c", Durrance "aye', Kristoferson "aye". Young "aye", and Mayor Miller"ayc'". Motion carried unanimously. 62. '1 he Council considered approval of a resolution adopting the Capital Improvement Plan proposed by' the Planning and Zoning Commission and the Public Utilities Board; and providing r, for an effective date. 1 t-~ 'I he following resolution tsasconsidered: I C f t City of Denton City Council Minutes September 7, 1999 t Page 25 NO. R99-045 A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED BY THE PLANNING AND ZONING COMMISSION AND THE PUBLIC UTILITIES BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "eye', Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor j hliller"aye". Motioncarried unanimously. 63. Miscellaneous matters from the City Manager. City Manager Jcz did not have any items for the Council. 64. New Business The following items of New Business were suggested by Council Members for future agendas! A. Council Member Durrance asked for a report on possible closure of Pennsylvania and Oakmont Streets in the area of St. Mark's Church. I B. Council Member Krlstofcrson requested a work session regarding the TML information on time limits on planned developments. C. Council Member Cochran requested information regarding denominational schools and zoning. 65. There %+as no continuation of Closed Meeting under Sections 551.071.551.085 of the Texas Open Meetings Act. 66. There was no ollicial action on Closed Meeting under Sections 551.071-551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 12;25 a.m. JACK MILLER, MAYOR i " JF:NNIFLR WALTE:RS✓ C1 I "Y SECRETARY CII Y OF DENTON, TEXAS r_ CITY OF DENTON CITY COUNCIL MINUTES September 14, 1999 Work Session of the City of Denton City Council on Tuesday, September 14, 1999 at 5:00 p.m. in the Council Work Session Room at City Nall. i PRESENT: Mayor Miller; Mayor Pro Tent Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Yomg. ABSENT: None I . The Council received a report, held a discussion and gave staff direction regarding revisions to the draft 1999 City of Denton Comprehensive Plan, On September g`h, 1999, the City Planning and Zoning Commission declined to make a recommendation to City Council, electing instead to submit individual comments for use during the September 14`h Council Work Session. City Manager Jez presented a clarification on public input. The process began with staff preparing its best professional recommendations; took those recommendations to the pubic for input; collected and summarized the public comments and present those to Council. Council was then to begin the process to revise the plan based on public and Council input, lie suggested Council determine those areas where they were in agreement and/or had consensus and set them aside as agreed on. Aller determining those areas, the Council could then return to thuse areas where they had a difference of opinion and identify Ihose one by one. Jim Englabrecht, Chalr-Planning and Zoning Commission, slated that the Commission had sent the plan to Council without a vote. lie reviewed some common responses from citizens and some commissioners. Those included the fact that the draft plan had no revisions over the course of the meetings; a criticism on the density proposed in the plan; the need to add a ratio of single- family to multi-family housing; a desire for explicit provisions in regards to manufactured housing; concerns regarding thz function of neighborhood groups not being clearly expressed in its o%%n section; statements made regarding mass transit and the feeling that citizens would not use such even in greater quantities and the Issue of "skinny streets Ile felt that the narrower streets did not slow traffic and did not know how larger vehicles wuuld bt accommodated on narrow stroch. Ihere was a m-ed for strong parking regulations that were enforced if narrow streets were to be successful, Ile felt smaller lots and narrow streets would not work well together, Council reviewed the proposed plan chapter by chapter to determine which ones they were in agreement with, Those sections were Section 7 - water services, Section g - wastew;Iter services, Section 10 - solid waste. Section 11 - electric, Section 12 -parks and recreation, Section 19 - maintenance and enforcement and Section 20- public Involvement. Council reviewed the individual chapters of the plan presenting suggestions for changes for the Planning Department to incorporale into the document, rt ' Following the completion of Work Session Item M1, the Counci; convened in a closed meeting to f t' consider the specific item listed below under the Closed Meeting section of this agenda. Mayor Miller left the meeting. t~ `I City of Denton City Council Minutes September 14, 1999 } Page 2 1. The Council considered the fol lowing in Closed Meeting: A. ConsultationHithAttorney -Under TEX. GOWT.CODE SEC. 551.071, 1. The Council conducted a private consultation Kith the City's attorneys, including the City's outside legal counsel, and obtained legal advice regarding the legality and advisability of adopting a single ordinance governing all electric service providers operating or to be later operating within the City of Denton, Texas; including a discussion regarding the strategy involved in negotiating for, collecting, and enforcing any obligation for unpaid electric franchise fees and/or related tares, Obtain the advice and recommendations of legal counsel respecting these matters; and determine the City's strategy and negotiating position vis•A-vis TXU Electric and CoServ Electric on these matters. To discuss the foregoing matters In an open meeting would clearly conflict with the duties and responsihlitics of the City's attorneys to their client under the Texas Disciplinary Rules of Professional Conduct. Following the completion of the Closed Meeting, the Council reconvened into open session and considered the fol lowing: 2. The Council received a report, held a discussion and gave staff' direction regarding adoption of a single ordinance governing all electric service providers operating within the City limits of Denton, Sharon Mays, Director of Denton Municipal Electric, presented an overview of the proposed ordinance along with objections from CoServ and TXU. Steve Taylor, TXU, stated that the proposed ordinance would provide many concerns for the utility. Ile suggested staff meet with them and work on negotiations for the issues of the proposal. Ile felt ' there was no hurry regarding the passage of this ordinance and requested that the Council provide them time to study the proposal ordinance. Consensus of the Council was to continueto negotiate the conditionsof the ordinanceand return on October0 for consideration. With no further business, dre meeting was adjourned at 1:15 a.m, 1-WK MILLER, MAYOR CIT'YOF DENTON, TEXAS J 1f NNII:I::R WALTERS Cl I Y SECRETARY C11TY OF DENTON, TEXAS L CITY OF DENTON CITY COUNCIL MINUTES September 21, 1999 After determining that a quorum wrs present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, September 21, 1999 at 5:15 p.m. in the Council Work Session Room at City Hall. 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney - Under Tex. Gov't. Code Sec. 551.071; end Deliberations regarding Real Property - Under Tex. Gov't. Code Sec. 551.072 I. Discussed the purchase, exchange, lease, or value of property currently owned by the Denton Independent School District described as approximately 77 acres on FM 2181 and further described as Baker Survey, Abstr ct No. 47, Tracts 1-4; the possible lease or resale of the land to a private entity for the development of park and athletic facilities; and consultation with the City's attorneys concerning these transactions where to discuss such matters in public would conflict with the attorneys' duties and responsibilities to their elicit under the Texas Disciplinary Rules of Professional Conduct. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Nlembers Burroughs, Cochran, Durrance, Kristo£erson and Young. ABSENT: None Regular Meeting of the City of Denton City Council on Tucsavy, September 21, 1999 at 6:00 p.m. in the Council Chambers at City liall I, 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 July 13, July 20, July 21, and July 27, 1999. Beasley motioned, Cochran seconded to approve the minutes as presented, On roll vote, Beasley "ayc", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye'. Molion carved unanimously. PRESLNTATIONSlPROCI,ANfATIONS 3. Mayor Miller presented the Following proclamations: (~1 A. National Physical Therapy Month B. lblisi, Republic of Georgia Police Department Day C. Sickle Cell Anemia Day 4, Presentation of Denton Municipal Electric's State Championship lineman rodeo teams. k t t t City of Denton City Council Minutes September 21, 1999 y Page 2 Sharon Mays. Director of Denton Municipal Electric, gave a brief description of the events and presented ti.c winners from Denton Municipal Electric lineman rodeo teams. 5. Presentation of "John J. Gunther, Best Practices" awards received by the Community Development Division from the U.S. Department of Housing and Urban Development. Barbara Ross, Community Development Administrator, presented the awards to Mayor Miller. 6. Resolution of Appreciation A. The Council considered approval of a resolution of appreciation for Ronnye Erwin. Cochran motioned, Durrance seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller-aye". Nlotioncarriedunanimously. B. The Council considered approval of a resolution of appreciation for Iloytt Laumen. Beasley motioned, Burroughs 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, C. The Council considered approval of a resolution of appreciation for Gary Pierce. Durrance motioned. Kristoferson seconded to approve the resolution. On roll vote, Beasley "aye'. Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and MayorMiller"ayc". Motioncarricdummimously. C'IT IZLN REPORTS 7. The Council received a report from Don Crombie regarding the bridge on Jim Christal Road otT Masch Branch Road. Mr. Crombie was not present at the meeting, CONSENT AGENDA Young motioned, Burroughs seconded to approve th; Consent Agenda and the accompanying ordinances and resolutions. On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried ~r unanimously. 't, - r, rt~\ 8, Approved a tax refund to Reddy Ice Corp. for $774.03. Payment received for 1998 talc was more than amount due, resulting in an overpayment. I r M City of Denton City Council Minutes September 21, 1999 Page 3 9. NO. 99-325 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR PRENATAL PROGRAM FOR LOW-INCOME FAMILIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2378 - PRENATAL PROGRAM FOR LOW- INCOME FAMILIES AWARDED TO FAMILY HEALTH CARE, INC. FOR 520,0(x') 10. NO. 99-326 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR EMERGENCY UTILITY ASSISTANCE PROGRAM FOR LOW INCOME FAMILIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; A14D PROVIDING FOR AN EFFECTIVE DATE. (BID 02379 - EMERGENCY UTILITY ASSIS DANCE PROGRAM FOR LOW INCOME FAMILIES AWARDED TO INTERFAITH MINISTRIES OF DENTON, INC. FOR $15,325) 11. NO.99-327 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR SELF-SUFFICIENCY PROGRAM; PROVIDING FOR THE EXPEND11URE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2380 - SELF-SUFFICIENCY PROGRAM AWARDED TO HOPE, INC. IN THE AMOUNT OF $30,000) 12. NO. 99-328 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 #2381 - DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION AND PREVENTION PROGRAM AWARDED TO FRIENDS OF THE FAMI LY, INC. IN THE AMOUNT OF $40,000) 13. NO, 99-329 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR CONGREGATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2382 - CONGREGATE AND IIOME DELIVERED MEAL PROGRAM FOR SENIOR i j`I CITIZENS AWARDED TO SERVICES PROGRAM FOR AGING NEEDS, INC. (SPAN) IN THE AMOUNT OF $26,000) I I City of Denton City Council Minutes September 21, 1999 Page 4 14. NO. 99-330 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR INFANT AND CHILDCARE PROGRAMS FOR LOW INCOME FAMILIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2383 - INFANT AND t CHILDCARE PROGRAMS FOR LOW INCOME FAMILIES AWARDED TO FRED MOORE DAY NURSERY SCHOOL, INC. IN THE AMOUNT OF $37,000) 15, NO. 99-331 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 02384 - CHILDCARE PROGRAMS FOR LOW INCOME FAMILIES AWARDED TO DENTON CITY COUNTY DAY SCHOOL, INC. IN THE AMOUNT OF 523,000) 16. NO. 99-332 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC I WORKS CONTRACT FOR THE CONSTRUCTION OF SANITARY SEWER REPLACEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (1311) #2393 UNDERWOOD SANITARY SEWER REPLACEMENT PHASE I AWARDED TO HENDERSON CONSTRUCTIO. 7, L.L.P. IN THE AMOUNT OF 5291,936) 17. NO. 99-333 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE RELOCATION OF WATER AND SEWER LINES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #1402 - ARCHER TRAIL UTILITY RELOCATION AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF 5331,707.40) 18• NO. 99-334 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES (DESKTOP COMPUTERS) AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH THE QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND j PROVIDING AN EFFECTIVE DATE. (P.O. #97875 TO COMPAQ COMPUTER CORP. IN THE AMOUNT OF $35,420) Ii t City of Denton City Council Minutes September 21, 1999 Page 5 19. NO. 99-335 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES (LAPTOP COMPUTERS) AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH THE QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (P.O. #97876 TO ARBOR SYSTEMS, INC. IN T) I E AMOUNT OF S 185,672) 20. NO. 99-336 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF LABORATORY CASEWORK FURNI TUBE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 02396 - LABORATORY CASEWORK RENOVATION AWARDED TO MGC, INC. IN THE AMOUNT OF $29,569) 21. NO, 99-337 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A t CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2399 - COMMUNICATIONS BUILDING AWARDED TO GFRC SHELTERS IN THE AMOUNT OF $35,339) 22. NO. 99-338 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR ARMORED CAR SERVICE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 92401 - ARMORED CAR SERVICE AWARDED TO LOOMIS FARGO AND COMPANY IN THE AMOUNT OF $15,588) 23. NO. 99-339 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRIC DISTRIBUTION TRANSFORMERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2403 - J DISTRIBUTION TRANSFORMERS AWARDED TO THE LOWEST BIDDER TECHLINE, INC., ANNUAL ESTIMATED EXPENDITURE IS S50,1k)0) 6'1 • 24. NO, 99.340 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES AND SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING c~ City of Denton City Council Minutes September 21, 1999 T Page 6 AN EFFECTIVE DATE. (BID #2409 - SERVICE CENTER MODULAR FURNITURE AWARDED TO WORK PLACE SOLUTIONS OF DALLAS IN THE AMOUNT OF $146,087.40) 25. NO. 99-341 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF CARPET; PROVIDIN3 FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2410 - SERVICE CENTER CARPET AWARDED TO FLOOR INC./CARPET ONE IN THE AMOUNT OF 551,191) 26. NO. 99-342 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A j CONTRACT WITH THE DENTON FAMILY RESOURCE CENTER, INC. TO PROVIDE CHILD ABUSE PREVENTION SERVICES IN ACCORDANCE WITH A GRANT AND CONTRACT WITH THE CHILDREN'S TRUST FUND OF TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. i 27. NO. 99-343 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE GUIDELINES FOR THE RENTAL RE114BILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. 28, NO. 99-344 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON OPTIONAL RECONSTRUCTION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. 29. NO. 99-345 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, r~APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON 110A 1E M(PROVEMENT PROGRAAf AND ELIGIBILITY CRITERIA; AUTHORIZING 1 EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. t I City of Denton City Council Minutes September 21, 1999 Page 7 30. NO. 99-346 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOMEBUYER ASSISTANCE PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF 515,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING AN EFFECTIVE DATE. 31. NO. R99-046 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPUCATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING CONTINUED FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE INVESTIGATOR AND ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY SERVICES UNIT; AND PROVIDING AN EFFECTIVE DATE. ANNEXATION 32. The Council considered adopting an ordinance to annex a 168.57 acre tract southeast of the intersection of Robinson Road and Teasley Lane (FM 1181), in the City of Denton's ETJ, to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. Second reading of ordinance. (A-89, Wheeler Ridge) The following ordinance was considered; NO, 99-347 AN ORDINANCE TO ANNEX A 168.57 ACRE TRACT SOUTHEAST OF THE INTERSECTION OF ROBINSON ROAD AND TEASLEY LANE (FM 2181), IN THE CITY OF DENTON'S ETJ, TO APPROVE A SERVICE PLAN FOR THE ANNEXED PROPERTY, TO PROVIDE A SEVERABILITY CLAUSE AND TO PROVIDE FOR AN EFFECTIVE DATE. Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "ayc", Durrance "aye", Kristorerson "aye", Young "aye", and Mayor Miller "aye'. Motion carved unanimously. PUBLIC HEARINGS ~ 33. The Council held a public hearing regarding the draft 1999 Comprehensive Plan. (1'- ! Council Membcr Kristoferson asked that the 1.8 population density per unit be put back in the commentary of the plan She also felt that the family neighborhood centers should not be excluded from the density calculations. The Mayor opened the public hearing. I I ' I i City of Denton City Council Minutes September 21, 1999 Page 8 i The following individ mds spoke during the public hearing: Joyce Poole, 3021 N. Bonnie Brae, • neutral Jim Alexander, DISD Board President - neutral Martin Jaerkel, 2111 Emerson, 76201 • favor The Mayor closed the public hearing. 34. The Council held a public hearing to consider rezoning a 0.45 acre site located at 103 Woodrow Street from an Agricultural (A) zoning district to an Office (0) zoning district. The property was legally described as .45 acres of land in the J. Brock Survey, Abstract No. 55, in the City of Donlon, Denton County, Texas. The purpose of the zoning change was to allow for the development of a professional office. The Planning and Zoning Commission recommended approval (5-0) with conditions. (7,99-058,103 ff'oodrou) Mark Donaldson, Assistant Director of Planning, stated the rezoning was for the development of a professional office. Three conditions were associated with the proposal as noted in the agenda materials. The Mayor opened the public hearing. I The following individuals spoke during the public hearing: Brad Buchanan spoke in favor. The Niayor closed the public hearing. The following ordinance was considered: NO. 99-348 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO OFFICE CONDITIONED (0[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR .45 ACRES OF LAND LOCATED AT 103 WOODROW LANE APPROXIMATELY 600 FEET SOUTH OF EAST MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vole, Beasley "aye", j 1 Burroughs "ayc", Cochran "aye", Durrance "aye Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 35. The Council held a public hearing to consider rezoning a 0.58 acre site located at the northeast corner of Bell Avenue and Windsor Drive from the Planned Development 72 (PD-72) zoning district to a One-family Dwelling (SF-7) zoning district. The property was legally I i t I City of Denton City Council Minutes September 21, 1999 Page 9 described as Lot 55, Block A of Cooper Landing, Section Three, Phase B, an addition to the City of Denton, Denton County, Texas. The purpose of the zoning change was to allow for the development of single-family housing. The Planning and Zoning Commission recommended approval (5-0). (Z-99-060, Cooper Landing) Mark Donaldson, Assistant Planning Director, stated that two SF-7 lots were proposed. The Planning and Zoning Commission recommended approval The Mayor opened the public hearing. Chris Watts spoke in favor The Mayor closed the public hearing. The following ordinance was considered: NO. 99-349 AN ORDINANCE OF THE. CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE PLANNED DEVELOPMENT NO. 72 (PD-72) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR .58 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF BELL AVENUE AND WINDSOR DRIVE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-060) Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye, Kristoferson "aye", Young "aye", and Mayor Miller %yc'". Motion carried unanimously. 36, The Council held a public hearing and considered zoning 168.57 acres to a Planned Development (PD) zoning district. The property was located between Nowlin Road, F.M. 1181 (Teasley Lane) and Robinson Road. The proposal was to develop the property for single-family residential and commercial use. The Planning and Zoning Commission recommended approval (6-0) with conditions. (Z-99-053, Wheeler Ridge) Mark Donaldson, Assistant Director for Planning, stated that the proposal was for single-family residential and commercial use. The Planning and Zoning Commission recommended approval with the conditions noted in the agenda materials. The Mayor opened the public hearing, ' i The following individuals spoke during the public hearing: Robert Prendergast, Wheeler Ridge - favor Bill Anderson, Downing Engineering - favor , I C, 1 I t i` City of Denton City Council Minutes September 21, 1999 Page 10 ' Dave Hill, 1101 Buena Vista, Denton - opposition Rick Woolfalk, DISD Board - neutral Todd Parton, DISD Planning Director - neutral Pendergrass spoke in rebuttal to the opposition. The Mayor closed the public hearing, Council debated the pros and cons of the proposal. Discussion included the amenities of the proposal, lot size, a school site, and construction materials. Beasley motioned, Durrance seconded to postpone the proposal for two weeks to allow the developer to have additional di!.cussions with the DISD and the residents of the Oaks of Montecito. On roll vote, Brasicy "aye Burroughs "aye", Cochran "nay", Durranee "aye", Kristofcrson "aye", Young "nay", and Mayor Miller "nay". lviotion carried with a 4.3 vote. 37. The Council continued a public hearing and considered rezoning a 5.0 acre site from an Agricultural (A) zoning district to a Light Industrial with Conditions [LI(c)) zoning district. The property was located on the north side of Mingo Road, between Loop 296 and Cooper Creek Road. Light industrial use was proposed, The Planning and Zoning Commission recommended approval (7-0). (Z-99-043, Hingo/Loop 188) Mark Donaldson, Assistant Planning Director, stated that uses for the property remained at light manufacturing, No TNRCC air quality permit would be needed for the proposed uses. 'I he Mayor reopened the postponed public hearing. The following individuals spoke during the public hearing: Greg Edwards, h1ctroplex Engineering - favor Paul Reese, 3111 lattice Field Road, 1.5201 • opposition Ed Soph. 1620 Vicloria Drive, 76201 • opposition Carol Soph, 1620 Victoria Drive. 76201 - opposition but not speaking 'I The Alayor closed the public hearing. Burroughs motioned. Young seconded to approve the proposal with the proposed inclusive conditions plus striking the portion of page 10 describing light manufacturing. On roll vole, Beasley "nay", Burroughs "uyc" Cochran "nay", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Millcr"a)e'". Siotion failed with a 3-4 vote. 38. The Council continued a public hearing and considered approval of a Detailed Plan r encompassing 105,996 acres within a Planned Development zoning district (PD-174). The property was generally located Forth of the City of Argyle between Interstr.te 35W and John ! \ Paine Road. Single-family development, a school site, a neighborhood center, parkland and open space were proposed. The Planning and Zoning Commission recommended approval (5.1) w ith conditions. (7-99-040, W11/ow Lakes West) c City of Denton City Council Minutes September 21, 1999 Page 11 Mark Donaldson, Assistant Planning Director, stated that the proposal was for 279 single-family dwelling units, a 15-acre school si'e, parkland and open space. Council had postponed the hearing on September 7, 1999 to allow the Argyle Independent School District time to evaluate the proposed school site. the Mayor opened the public hearit g. The following individuals spoke during the public hearing: Sue Blankenship, representing Sie developer - fas or Quentin Burnett, Argyle ESD - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 99-330 AN ORDINANCE OF THE CITY OF DENTON. TEXAS AMENDING ORDINANCE NO. 99.205 TO PROVIDE FOR A DETAILED PLAN FOR 109.3 ACRES LOCATED N11111N PLANNED DEVELOPMENT 174 (PD-174) ZONING DISTRICT; THE SUBJECT PROPERTY BEING THE PROPERTY GENERALLY LOCATED NORTH OF' 1111? CITY OF ARGYLE BETWEEN INTERSTATE 35W AND JOHN PAINE ROAD; PROVIDING A SAVINGS (__AUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z.-99-040) Beasley motioned, Burroughs seconded to adopt the ordinance with the revisions as indicated in the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson"aye", Young "a)e", and Mayor Miller"aye". Motion carried with a 6-1 vote. 39. 1 he Council held a public hearing and considered approval of the proposed rezoning of 0.241 acres commonly known as 415 and 417 Egan Street from a two-family dwelling (24) zoning district to a multi-family dwelling-I (MF-1) zoning district. The Planning and Zoning Commission recommended rezoning the subject properties to multi-family restricted (MF-R). The Property was legally described as being part of Lot 7, Block 2 of the Barb's Addition in the City of lknton. Denton County, Texas. The Planning and Zoning Commission recommended approval to MF-R (6-1) with conditions. (7.99-021, 415.417 Egan Street) %lark Donaldson, Assistant Planning Director, stated that staff had received a verbal request from the applicant to postpone consideration of the item due to his inability to attend the meeting. The density of the project had been reduced 1o4 units maximum on the property. ( A, The Mayor opened the public herring. Burroughs motioned, Young seconded to postpone the public hearing to the next available meeting. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye', Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion carried,vith a 6-1 vote. t. L City of Denton City Council Minutes September 21, 1999 , Page 12 40. The Council held a public hearing and considered rezoning 23.0 acres from an Agricultural (A) zoning district to a Single-Family 7 (SF-7) zoning district. The subject property was located on the south side of Ryan Road approximately 1,320 feet west of Teasley Lane (F.M. 2181 ) and immediately west of the Hickory Creek Heights subdivision. The proposal was to develop a single-fanily subdivision with a minimum lot size of 7,000 square feet. The Planning and Zoning Commission recommended approval (5.0). (Z-99.062, Briscoe Clark Co) Mark Donaldson, Assistant Planning Director, stated that the proposal was for single-family development with minimum lot sizes of 7,000 square feet. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Roble Clark, developer - favor 'the Mayor closed the public hearing. The following ordinance was considered: NO. 99-351 1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A SINGLE-FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 22.982 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF RYAN ROAD APPROXIMATELY 1,320 FEET WEST OF TEASLEY LANE (F.M, 2181) AND IMMEDIATELY WEST OF T71E IIIC'KORY CREEK HEIGHTS SUBDIVISION; PROVIDING FOR A PENALTY IN THE. MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, (Z-99-062) Young motioned, Burroughs seconded to adopt the ordinance. Council discussed whether to include a site plan review prior to approval Clark indicated that they, were making n contribution to the signal light at Teasley and Mayhill and to the lin station in that area, This was transitional zoning from mobile home parks to SF-6 to SF-7. He requested that Council approve the plan with a landscape plan that would not be too onerous to the developer, Donaldson suggested to limit the site plan review to elements of landscaping in the protected A,- area with a layout provided as general reference with maximum tree preservation as a goal Thcre would be no clear cutting on the site. J Ilill suggested that a staff member could be delegated to monitor an administrative site plan review with minimum loss of vegetation. i i i t City of Dcnton City Council Minutes September 21, 1999 Page 13 i Young agreed to include in his motion and Burroughs to his second an amendment providing for a landscape review with a tree preservation plan plus a maximum of 3.2 lots per acre for the gross density. This would be returned to Council with no public hearing involved. On roll vote, j Beasley "aye', Burroughs "aye", Cochran "nay", Durranee "nay", Kristoferson "nay", Young "aye and Mayor Miller "aye", Motion carried with a 4-3 vote.. 41. The Council held a public hearing and considered rezoning 201.215 E. Oak Street from a Commercial (C) zoning district to a Central Business (CB) zoning district, The 0.70 acre properly was located on the north side of E. Oak Street between Austin Street and Oakland j Street. The proposal was to redevelop the site with a mix of residential, office and commercial uses. The Planning and Zoning Commission recommended approval (5-0) with conditions. (Z- 99-057, 201-215 E. Oak Street) Mark Donaldson, Assistant Planning Director, stated that this site was in the downtown area and was adjacent to the Central Business District. One of the biggest factors was that non-residential uses were not required to provide off-street parking spaces. A point at the Planning and Zoning Commission meeting centered on the existing historic structures in the area. The Planning and Zoning Commission recommended that any improvements would preserve the historic character of the neighborhood as related to architecture and landscaping. That would allow for a great variety of commercial, office, retail and residential uses. The Mayor opened the public hearing. The following individual spoke during the public hearing: Mike Kevlin, applicant - favor The Mayor closed the public hearing. Council Member Cochran expressed a concern about the possibility of the properly changing to commercial in the future with no parking provided. He suggested a condition be added to address that concern. The following ordinance Haa considered: NO. 99-352 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM A COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A CENTRAL BUSINESS CONDITIONED (CB[c]) ' ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.70 f 1;. ACRES OF LAND LOCATED 201-215 E. OAK STREET ON THE NORTH SIDE OF EAST OAK STREET BETWEEN AUSTIN STREET AND OAKLAND STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-00- . 057) f I City of Denton City Council Minutes September 21, 1999 Page 14 Cochin motioned, Beasley seconded to adopt the ordinance with the conditions as noted by the Planning and Zoning Commission plus a provision for adequate parking for commercial zoning. On roll vote, Beasley "aye', Burroughs "aye', Cochran "aye', Durance "aye', Kristoferson "aye", Young' iye", and Mayor Miller "aye". Motion carried unanimously. 42. TI a Council held the second of Iwo public hearings regarding the proposed disannexation and release from the City's Extraterritorial Jurisdiction of the following properties: L Tract 1. Oakmont IL 2.107 acres, located north of Robinson Road 2. Tract 2. Oakmont IV. 10.603 acres, located south of Robinson Road 3. Tract 3. Oak, nont IV. 5.709 acres, located south of Robinson Road The Mayor opened the public hearing, Tim May, tngincer for the project - favor The Mayor cloy d the public hearing. 43. The Council held the second of Iwo public hearings regarding the proposed annexation of the following properties: 1. Tract 1. tlt.nont 11, 1.469 acres, located north of Robinson Road 2. Tract 2. Oakmont 11. 0.083 acres, located north of Robinson Road 3. Tract 3. Oakmont IV. 17.110 acres, located south of Robinson Road 4. Tract 4, Oakmont IV. 0.062 acres, located south of Robinson Road The Mayor opened the public hearing. No one during the public h,r,'ng. The Mayor closed the public hearing. SITE PLAN REVIEW 44. The Council considered approval of an alternative landscape plan, regarding perimeter screening of a parking lot, for Southmont Baptist Church located at 2801 Pennsylvanja Avenue. 1 he Planning and Zoning Commission recommended approval (5-0) with conditions. (ALP-99- 001, Southmont Raplisr Church) Mark Donaldson, Assistant Planning Director, stated that the developer was expanding the property to include an area greater than 50% of the c urent'Ioor area which triggerz~ compliance r ` with the landscape ordinance over the entire piece of property. The ordinance did allow for an ' alternative landscape plan approved by Council. The Planning and Zoning Commission added a condition that four additional trees be added along the Teasley Lane right-of-way. Young motioned, Kristoferson seconded to approve The proposal. On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye", Durance "aye", Kristoferson "aye", Young "aye", and Mayer Miller "aye", Motion carried unanimously. c 1 t 1 City of Denton City Council Minutes September 21, 1999 Page 15 ITEMS FOR INDIVIDUAL CONSIDERATION 45. The Council was to have considered adoption of the ordinance of the City of Denton, Texas, adopting Standards of Care for youth programs administered by Denton's Parks and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b) (14); and providing an effective date. This item was pulled from consideration. 46. The Council considered approval of a resolution reviewing and adopting the investment policy for funds for the City of Denton; designating an investment officer; providing a savings and repealing clause; and providing an effective date, The following resolution was considered: NO. R99-047 A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON; DESIGNATING AN INVESTMENT OFFICER; PROVIDING A SAVINGS AND REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Beaalcy motioned, Young seconded to approve the resolution, On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye', Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "ayc'. Motion carried unanimously. 47. The Council considered approval of a resolution approving the Fiscal Year 2000 Budget of the Denco Area 9.1.1 District, pursuant to Tex. Health & Safety Code 4 772.309; and providing an effective date. The following resolution was considered: NO. R99-049 A RESOLUTION APPROVING THE FISCAL YEAR 2000 BUDGET OF THE DENCO AREA 9.1.1 DISTRICT, PURSUANT TO TEX. HEALTH & SAFETY CODE 772,309; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "ayc", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor i ' A Miller "ayc". Motion carried unanimously. 49. The Council considered approval of a resolution of the City of Denton, Texas approving the 1999-2000 budget of the Denton Central Appraisal District; and declaring an effective date, The following resolution was considered: r t City of Donlon City Council Minutes September 21, 1999 Page 16 NO. R99-049 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE 1999.2000 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Burroughs 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. 49. The Council considered approval of a resolution appointing Sandy Kristoferson to the Board of Directors of the Texas Municipal Power Agency; and declaring an effective date. The following resolution was considered: NO. R99-050 A RESOLUTION APPOINTING SANDY KRISTOFEKSON TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; AND DECLARING AN EFFECTIVE DATE. Cochran motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "ayc", and Mayor Miller "ave'. Motion carried unanimously. 50, The Council considered appointing a voting delegate and an alternate voting delegate to the National League of C itics Annual Congress of Cities. Mayor Miller and Mayor Pro Tern Beasley were nominated as voting and alternate voting delegates. On roll vote, Beasley "aye', Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 51. The Council considered adoption of an ordinance authorizing the City Manager to enter into an agreement for holdover of existing electric franchise agreement and ordinance by and bctwcen the City of Denton and TXU Electric; and providing an effective date. The following ordinance was considered: NO. 99-333 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR HOLDOVER OF EXISTING ELECTRIC FRANCHISE AGREEMENT AND ORDINANCE BY AND BETWEEN THE CITY OF DENTON AND TXU ELECTRIC; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. t. City of Denton City Council Minutes September 21, 1999 Page 17 Burroughs motioned, Young seconded to table Items #52-61, excluding Items #53, #57 and #60 and discuss the resolutions at a future work session. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 51. The Council was to have considered approval of a resolution of the City Council of the City of Denton requesting the Texas Municipal League to support legislation that would exempt municipalities from state-mandated sales tax "holidays", allowing municipalities to tax internet sales, and exempting municipalities from property tax exemptions; and providing for an effective dale. This item was tabled. 53. The Council considered approval of a resolution of the City Council of the City of Denton requesting the Texas Municipal League to support independent school districts' efforts to expand Texas Local Government Code Section 395.001 to include authority for implementation of impact fees for school facilities; and providirg for an effective date. The following resolution was considered; NO. R99-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT INDEPENDENT SCHOOL DISTRICTS' EFFORTS TO EXPAND TEXAS LOCAL GOVERNMENT CODE SECTION 395,001 TO INCLUDE AUTHORITY FOR IMPLEMENTATION OF IMPACT FEES FOR SCHOOL FACILITIES; AND PROVIDING FOR 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 "nay", and Mayor Miller "aye". Motion earned with a 6.1 vote. 54. The Council was to have considered approval of a resolution of the City Council of the City of Denton requesting the Texas Municipal League to support redistricting efforts, which do not divide municipalities among numerous representatives; and providing for an effective date. This item was tabled, 55. The Council considered approval of a resolution of the City Council of the City of Denton requesting the Texas Municipal League support legislation for public transportation initiatives that are conducive to both alleviating congestion and minimizing negative impacts to the environment, specifically air quality; and providing for an effective date. This item was tabled. - t r r 1 I City of Denton City Council Minutes September 21, 1999 a Page 18 56. The Council was to have considered approval of a resolution of the City Council of the City of Denton requesting the Texas Municipal League to oppose any legislation that would diminish or eliminate a municipality's right to require utilities to execute franchises to use city rights-of-way and to receive fair markd rental for the use of such rights-of-way; and providing for an effective date. This item was tabled. 51. The Council considered approval of a resolution of the City Council of the City of Denton requesting the Texas Municipal League to support municipalities' rights to assess impact fees for services such as roads, water and wastewater services, drainage utilities, and flood control facilities; and providing for an effective date. The following resolution was considered: NO. R99-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT MUNICIPALITIES' RIGHTS TO ASSESS IMPACT FEES FOR SERVICES SUCH AS ROADS, WATER AND WASTEWATER SERVICES, DRAINAGE UTILITIES, AND FLOOD CONTROL FACILITIES; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 6.1 vote. 58. The Council was to have considered approval of a resolution of the City Council of the City of Denton requesting the Texas Municipal League to support legislation to ease restrictions placed on a municipality's ability !o annex land in its extraterritorial jurisdiction; and providing for an effective dale, This item was tabled. 59. The Council was to have considered approval of a resolution of the City Council of the City of Donlon regnesting the Texas Municipal League to oppose any legislation imposing mandatory collective bargaining for public safety personnel; and providing for an effective dale. This item was tabled. 60. The Council considered approval of a resolution of the City Council of the City of Denton requesting that the Texas Municipal League support legislation discouraging water districts to form within a city's extraterritorial jurisdiction and to remove the requirement forcing municipalities to purchase the water district's assets prior to annexation; and providing for an effective data The following resolution was considered; I C I I 1 City of Denton City Council Minutes September 21, 1Q99 Page 19 NO. R99-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THAT THE TEXAS MUNICIPAL LEAGUE SUPPORT LEGISLATION DISCOURAGING WATER DISTRICTS TO FORM WITHIN A CITY'S EXTRATERRITORIAL JURISDICTION AND TO REMOVE THE REQUIREMENT FORCING MUNICIPALITIES TO PURCHASE THE WATER DISTRICT'S ASSETS PRIOR TO ANNEXATION; AND PROVIDING FOR AN EFFECTIVE DATE. 61. The Council was to have considered approval of a resolution of the City Council of the City of Denton requesting the Texas Municipal League to support legislation modifying the notice requirements for wastewater discharges as set forth in the 70 Texas Legislature's 1113 1074; and providing for an effective date. This item was tabled. 62. Miscellaneous matters from the City Manager. City Manager Jez did not have any items for Council. 63. New Business There were no items of New Business suggested by Council Members. 64. There was no continuation of Closed Meeting under Sections 551.071.551.085 of the Texas Open Meetings Act 65, There was no official action on Closed Meeting under Sections 551.071.551.085 of the r Texas Open Meetings Act. With no further business, the meeting was adjourned at 12:20 a.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CHY SECRETARY CITY OF DENTON, TEXAS _r ~ 1 l ' I a 1 I c i i Apr& J/ 73 AGENDA INFORMATION SHEET f>atf AGENDA DATE: November 2,1999 JiJ DEPARTMENT: Fiscal & Municipal Serviceslfas. ACM: Kathy Dullose, Assistant City Manager of Fiscal and Municipal Services J L i SUBJECT: Consider approval ara tax refund to Sierra Title of North Texas for William T. Wool folk, Jr. The 1998 tax was paid twice, resulting in an overpayment BACKGROUND: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess =if $500.00. 1998 tax for William T. Woolfolk, Jr. was paid twice. Once on 12130/98 by Mr. Woolfolk's mortgage company in the amount of $792.21, and on 12/2!98 by Sierra Title in the same amount when the property was sold. This resulted in an overpayment of 579121. Ali documentation necessary for refund is attached. FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by 5792.21, + Respectfully submitted: dL 44~ 1 rana Ortiz Director of Fiscal Operations r Prepared by: Caroicne Folse Revenue & Tax Analyst A$ _t_ c SDT BY l0 11-93 : 2 34P% : SAFftO LAW 7 1T1E 910 349 7211:0 31 3 APPLICATION FOR TAX REFUND ema CITY OF DENTON TAX OFFICE CITY OF DENTON y 601 E. HICKORY SUITE F DENTON TX 76205 440 314$316 To a fora tax refund, the ULXPSYS( nrwsl OwVlete the fol o%i . Step 1: WILLIAM T. WOOLFOLK dR. G~` ~j ~s rr TMt (91 Owner'snanw 601 LA FAYETTE OR .•q. w~'X a, w and addless DENTON TEXAS 76205-6072 St'ap 2: Lapat aewpoorr 1m ~ gm or the tax be of w Nell. Soulhridpe East Ph 1, B100 30, Lot 14 DescAbe me property Address or bmkm of Pwenr 804 Le F e% Dr. Amours ^uritm of property, Tax rKWPI humin. 103108 OR 9803300180 _ q Dab Mount x _ pww df yrbauvad it Nomw Ta Pne of IX1rilxrraxl ayminl Teere Patel neenalyd Step 3 1. reY ~ 00100 im 12"m L--mil Give the tax 2. QbLp(Daoma i988 !?l3pf>lg f To 2t i ?§221 PmMt 3. infornretian S. Tsxpoyet's reason for refund (aeach eupporIN documentation): IM tax was id W640, W an 1212 e ck Illm? and 10w co IMO Ill ck MUM ArM Teo e-lnltnd nw In an pywPery"rIL I hereby apply for M re174 of N sbowdesoibed bw Pro " mm 1N hboeebon I M+e pHn OR Ws form e M and Step 4 Wren to gw beet a MOO" ate oeael.- /ar'" 9- pp~ Our Wwnd. S gn lM Wm teen LQ f e~ x here X Any pswwm Pho makes a false entry upon M foregoing word shin be sutoct b ane of ere briamrtg penaftlers- 1. lrwms nmenl of nor rrore Viet the IQ Yvan nor lees then! yens w4lor s the of not mire shin 85,000 d" such fine and mpneonment; 2. Conrinemrerd in lag for a isrm up b i year of a hrn b exceed 12.000 of both such fine and Im sdmentAtt W forth In Section V. 10. Penal Code Step 8 This lea rety is f~~. IApprpved =Dleepproved ! / r d on Tex refund sign / t here o. to IL~S debrminown rp , i urx owr t hems -2- c REPORT TAPe06OW 00/30/90 AT It:10 O Y[ R P A V M L N 7 3 ACCOUNT NO. RECEIPT NO. NAME PAGE 7 170110700000 9A/01/01-0119 SMITH, yi ROIL D ADDRESS AMOUNT STATUS Of PAYMENT j 06147000000 1141" "Ol-0117 DEN ION fAMILV PRACTICE ASSOC. P.A. MlLljeW0002 s6 0.71 DV[NPAY Le x08400000 09!01!!!-0177 =1 OLINN EDWAND 0.11 OVIRPAV 1017107,01000 0000 11/01/14.09 7 RIIAO N MOHAMIAD 4 0,01 OV40PAY 80 0 0 9 YOKAY L4L~ M MOP • 1 104 /T. .07 pOY, R6AY 03070700000 94/01/!7.0004 CARER KATHYABLSUZANNE Tf MC MLY AfM 1407[RQ •t, 0,01 O1V[Rf AV 07771000000 0//01/]4.0004 ORO(NSNO, EYDRY kNIGHT -14C1A 4 S O.Ot OVf APAV 61143100000 80/01/34.0074 SIYMORt, KIM N ELM ST 0.01 OVIRM Y 1411700004 11/01/71-0011 eNY90N, RICHARD J A RA9UIL 0 L MCRINN[Y N 4 00..0 1 J 071194000080/01/00.0470 MCOOONNA``pp JIMMY C N 1041 AY tt. I O"AV 09743600000 09/07/0!•0080 MANNART~ NERlE81 L ,~p1E' 0 OYl1fAY /1/iota 0e0a Oslo!/07.0011. 0O61W410Ml. $NANO% 46 . L1jY; p8/4 y 01177600000 9 "T,07.OOT7 A TER PAULA V10111 S 0... 1 00'A~ 3 01172000000 06/0]/01-0060 BOATWRIGHT. SHARON IT UNSV III TV D 61 VI PAY I 11171000000 96/03/10.0001 9[AYER, JAMES Y / IYNDA 014041 411T UNIVINSITY D 1.07 GYIR PAY 01811700000 91/03/04.0016 FARLIV. CHARLEY H. W000 CT 0.01 OVERPAY 06114000000 11!07/19.0071 4 00WAY BILL O CR[00 ST 700.01 OVERPAY 104OS400000 94!03/ S-00t9 OTT ~EASHINO J J4 eARLlASr 41T 10728000800 6110 !!7-lot! WALK!+, M ppN1~AAEI LO R DANK 7N~ k :,Is OY6RP4Y Of *51040 00 •910fl1.Oef3 LOOM JIPI~IIfY O L • [ROAM 1 302 0900 600000 00/0 •0071 WU[LLE AR~RIY A BANDA WA VMN LL ' 1 py 006 0302090000 9u02170-0911 cDCC 1ui ILtA, ROBERT R it O A AV 0]116000060 94103/02-0013 tAIMEN, MANY WI NDSNOOA ST 10.00 OYI APAY 16074000000 01/01103-0041 LYNCH, GARY L SI MMONS ST 0.10 OVINPAY 10200000000 /4!07/09. 0IS N AN jE Y FARM DR 0,01 OV14PA 03377100000 W1l07/1 !0/ A uSt 00 RY Y % /71030000 07!07/i1 0- O/O 0 l06AjS1 ~ I91, 7/ R EI T A LAUIIA INV NtY~O f pOQyyyO 01107 DO8 91/OS) t-DO61 A00 pUOFCNSY 11{1 y} R [r OO 41S1 OV ~OAY 10770100 00 0 OA/07/A[lLY j ' 107}4100000 0!/011.0099 CHARL~STOM ANTS L / RIM, MYE ONO JU 01 OJI NPAV 10717000000 98/03/71.0110 HARMAN, [Yf IYN L SPN INOCRI[A ON 0.01 DYERPAY 1/730400000 94/07/71-0174 RACHEL, JAMES A A MELISSA A SP07NOCAlEK DR 0,01 CVIAPAV 9637000D004 04/071!1.0006 CLAil WSfLIT Uf77 SPAI110CREEA OR 80, t0 111PAPAY E A0 1/717000000 68!0,73/1e-S:773Z0 /ROtOR3 $WAA W UyyI ytAS7Y D 31Y 01166600000 66%05%0!:8 0Z JONES d MILT D [f 0101!100000 W~7p/RSgM po►AY 197 U300000 0,/07/70-0130 PRICK, ORROORY A 1 JULIA 0 IO" .AOI' 676 919 L 40AV 94/07/19•0907 SCHOLN WILLIAM 1 SPNINOC4199 DR 0.01 1971,600000 99/03/70.0970 OVERPAY HAMONTAIE GIANT f ROLLING MILLS 1,900.49 OVERPAY Ol 0081 l I8000000 ///07/4/-101 1NTRA PAK't119 BOUT14 CENTRAL 147.74 OVERPAY 40EE 000 1//31. 096 WM JUD 'OM AD 180, p11 oe/ fe0000 / / 8 -410 ppl iIN 6AT f RrAr 1101/100000 100720.80tf AWNI "Tjt"JA J4 7 411AT 01821700700 1 03 0401104, J~ E / f /[NNY C FT Qt pt 10777600000 PMf IL ELtRr J a REll 0 l l 180; 1 D1STaCN~I 07741100000 04'03/70-1007 TOLSF M LEI TIRAY Of J1/ A! 0Y[APAV 7111200000 q/01/71.0310 [LICTA ISOp DATA SYSTEMS NIDGICNEST CA 0 07 OVE NP AY RPAY 651 1/00000 f0%07117!•0!!! NAW1 ;00 00 /1[lOe~APA PAULA K N 80NfNIL ARAE OO.,LI pOyyV ERPdY Am I 1l97e e00000 07/1.07!1 MCNA1}Y, JAMES It 919 9 ALAN S se x t9/ 3 3$ 07. 240.6, OY At . 1 I 1 l I I i AOIed+ lYm r: Dala AGENDA INFORMATION SHEET _ AGENDA DATE: November 2,1999 DEPARTMENT: Fiscal & Municipal Services/Tax ACM: Kathy DuBose, Assistant City Manager of Fiscal and Munlcipal Services SUBJECT: Consider approval or & tax refund to Sierra Title of North Texas for Robert E. Moses. The 1998 tax was paid twice, resulting in an overpayment. BACKGROUND: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. 1998 tax for Robert E. Moses was paid twice. Once on 1125199 by Mr. Moses' mortgage company in the amount of $746.37, and later on 1126199 by Sierra Title in the same amount when the property was sold. This resulted in an overpayment of $746.37. All documentation necessary for refund is attached. FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $746.37. Respectfully submitted: ana Ortiz Director of Fiscal Operations Prepared by: Carolcne Folsc Revenue & Tax Analyst i I SEAT BY: 10-13.89: 9 OIAM : SAFECO LAND TITIE - 940 339 72113 2/ 2 ,r;l1'1YYi a4:bl Au J97.1390 tNJ 14'ERNATSO^~ PAGE at lYl 9t' k 13-W . I.3aat, ; SAFECO L1M6 TInF tlID 567 t4T90.t 1/ 1 iP-17-ttlli t.Wr4 FFMtxQ-U16IUkNb'4; yak,1eY /1 1 y.r 4 PPUCAT10M FOR TAX OIL FUM rY T FFI YOF OENTOR k 71 E. H ORY~UITfQ F oil Tons a+oa~fe a apply refund to nttd cw ow N C ROOLRT EMUS MOR^BY SIERRA r5/1 .6 01 TITS rana>Aa~tttlr~tlt w n---~^ awe not11a1fTW a owm NTON TX 78201 t404moGjMW*AAarddst■MMmnam? 9raE1_I&Oac1.LOTIEEVn.3 (W) e~ropMb Ata+wwM.aoriVaP~4' ,11¢W+rdtol~~1 .+awera++eAper.q~ ._._~~-tunwptnurJac Duns oR twt roou rvrawii~ ~w~ r•~ ti~iwl h~a~we atti..ir up i t, C~ at Geamtt SYM 1Cl7tD! l . f11.1t M rtte t1a Cly t/ 11 tam 0 Wo k n olen iJraa;ah Ewen kr nlwd t +ridi euoowlrq drt.ny~iyonk _ M M h Mtrw.tatpl tlai W tI MaMrgMM I ~Ma aM+on N roan a Y~ +Mop 74*0 10, we J: . yn to Frm MrWOM&roeykpaMNMYyWN er%mw"mm"atitaok6wbaMofNft"& 1a~alhc. 1.%"w rrMAw"at Mt go t0 Ara Mr ow t t+w www a An to A&"" ow 64,00 or 60% a.ett a. atr rnrrwM+rt t nvalnw~ah M lat tx a w up o I yr♦a a a tha to rnsae6 if Jle a xrn tuq .w, re ~ k.e, ~ s.~aa~ r.ro oaaa, to s th a tr FOW tt: C=Awov" ©OM~vna~Ja i r Jxnlund rtarrrtnsan ~ r41IS1iTM1t~'i+>t.T&'7~7~+.4i i.G1iR _ _2. r x i REPORT TAN805OW 09/30/90 AT 11:10 O V A A P A V 0 E N i S PAGE 10 ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PAYMENT 19719900000 06/06110-0040 GRAY, MARK 4 4 CINDY A 01ECHWOOD OR 0.01 OVERPAY U 119000000 66106110-0000 KOCXLEA, SIEVE A A JENNIFER ► IELCHWOOO 0.01 OVERPAY 167!0000000 06/O:f 10.0061 DAVE;, MA@YIN i INAN11 M 6 f1(cpNROOD 8AA 1 py1NPAY 071000060 11/04/10.00017 NIAt4 CUA1 S 5790 spA"NREO 0. O0 1.01 OYEA►AV 11797200000 66/0!10-060 OItt ~AN, R01AN M 8 MILAN 1 SIR``NM0GCCR01K N 0, WIR/AY 99 16722500000 94/06/10.0065 MUM, KENR9TH 1 8 TIRES M 5 R[MUCK 0R 0.01 OVERPAY 7 19777000000 98/06110.0067 SUAREZ. CESAR A A SAN NIGUEL, NARIH 8EECHWOOD OR 0.01 OVERPAY 19723000000 06/06110.0068 CUNDLACH. BRUCE W ATAL NEICHWOOD DA 0.07 OVERPAY 11113100000 68/05/10-0069 FICCIANO, PAUL M BEACHWOOD OR 0,01 OVERPAY 161!3700000 0•/06/70.0010 LADNITTEA MAPLEM 8AICHW000 DR 0.07 OV90PAY 1 76133300600 16/OBl10.00f1 BRAZE lI, 115NOY O SUNICR A 0 EONW000 OR O,Of C1ROAM 10773400000 00/00!10.0017 1AV.09 ROBERT • 022 4 VICKY 9 a1ECHW000 04 0.07 OV(RP4Y 071 3600000 06/DO/10.0077 BAplllb, 0100040 T0 / JUANIIA S1[ HMpppppp DR 0 1 OV9AIAY 16123600000 98/Otl/10.00114 MCELRAVY, DONNA L BE COHW"O60 DR 0 , .01 OVERPAY 10777700000 98/06!10.0076 CHASTAIN, KEVIN BEECHWOOD DA 0.01 OVERPAY 19723000000 18/05/10.0076 KILOAI, DALE W A BRANDY R 6LECHWOOD DA 0.01 OVERPAY 19723900000 90105110.0077 GOSS, KIM I A ANY C SEECHWOOD OR 0.01 OVERPAY 117!4000000 60/00!10.0078 PULT1 NMI CORP TAX 611CHWOOD OR 9.0 OVERPAY 0724100000 11/06110.0078 PVL1[ HOME CORP TEA 111 HWOOD OR 0.0~ OVIAPAV 1631224200000 96/09!10.0010 PUL11 /10M1 CORP 110 61160111000 ON 0.0++ 0V RPAY 724300000 16!05/10-000 PUL19 OM CORP TAN SL`CHM00D DR 1 DVOAMY 10431300000 98!06/16.000 ELLIOTT. DOLORES 0 KAUS 0 15 1 0 01 OVERPAY 11620100000 91106/24.0004 THOMAS, @ILL J NOTTINGHAM DP 0.01 OVERPAY 07910600000 00/09/24.0017 CAMPUS SQUARE APARTMENTS ETD. PAY ST 795.78 OVERPAY 16279700000 08106!26-0064 WASCHINOT, ALMEOA ppCEAR VALLEY ST tt 0.01 OVERPAY 078 46400000 14108/96.0078 f0N0UR itWLODY / WXSC K OR Y' O6 03177800 00 60!08/01-0013 110/!1 'NbN[R [ C (p a DZVO •071 }A4'S; OVBA►AV 13!4!200006 00/06/62-0011 (OIIDAAMU0014 OOMI 01 D[NfOM 161pN:1 JAPAV 7@077800000 08/06107-0077 WISLM DWAYNE l [IItSON ►A RN ~C 41X41 OVERPAY 02466100000 91/06/04.0016 NORMAN, JEFFREY T A SALLY L FOACROFT CR 11.30 OVERPAY I 02174000000 98/01/00.0001 AANCE, DONALD W 04IFTW000 IR 10,41 OVERPAY U: 92101700000 110106/06.0003 LAKIWDOO 151 MFO HOME SAL[ INC TEASLEY LN 0,04 OVIAPAY 1 14110000000 08!0610@•0010 ACTION TV AP/LTANOB R/NTAt IMO NMpVpN~IVMpL~ASITY 1.1"3 ppppyyyyl MAY ~1 0710!000000 M%00!00.0079 QOAf~AO,I1ULrANI COOK Alf. LTD INOIIItAt~L 21.. 00. N ~p11I101aV 01411200000 00%09%00-0090 S~N0ORD'f(AUTO "L[S ! 0[ICWAV By 0.066 ~O•YVtt J A V \ 01870700000 91/06106-0048 SEARS ROEBUCK A CO 5 9-35P 0.13 OVIROAV 02024000000 06/09103.0073 MCELREAfH, (NINA 'CxJO OR 303.16 OVt RPAY 16166400000 61/09/08-0167 SEAY. JACK C PARKHAVEN CA 491.80 OVERPAY I184I300000 99/04/01-0040 TAMAN. JAMIS 0. 6 MAYHILL / 1 4 02844:00 000 LAGRONI TROY H 6 RAMAN L(A MApNp~IA T S PJAPAV RPAY 0!1110000! /01/10.0173 GILL, OMAN 4 SAY LLMA D~ t N/AV 1610990040 08!08/11.0078 tON1 !TAR IL7Y INV INC 1L0 AMS tt1 R/AY 1746!!600000 96/04/16.0032 ANOELA SAL6A 00CK0uS 41 4 9K A0 AT 10261100000 9@/06/16.0034 Rl4VE 3, GRAN 7 JR ALUM HOLLOW ST 17 30 OVERPAY 01000900300 9@/06/19-0064 CRAZIER, PAUL E MCKIkN[Y 063 4.06 OV[APAY 10446000000 91/001 •0073 TAYLOR, GREGORY D A TINA L OSAOE LN 40. 1 OV94PAY 02415300000 99/98/If-0010 SAWYER, LAIAY 0 MITT! NT 4 ppyy( 4Y 10994800000 18198/6.7007 [OVA NO JOHN 0A S 9 py Ay 01114@00000 99/0@/10.0007 BUN F~NANCIAL GROUP INC OENTON @;TSB OYONNAY f l a c~ . Agenda Na 4 ~rL Apgtdat Ibm_ J5 7 AGENDA INFORMATION SHEET oate AGENDA DATE: November 2,1999 DEPARTMENT: Fiscal & Municipal Servicesfrax ACM: Kathy DuBose, Assistant City Manager of Fiscal sod Municipal Services SUBJECT: Consider approval of a tax refund to Turner-Young Investment Co, for Thomas Cavanaugh. The 1998 tax was paid t, vice, resulting in an overpayment. DA."sl,OUND: Chapter 31.: t of the Texas Property Tax Code requires the approval of the governing body of the taring unit for refunds in excess of $500.00. The 1998 tax due for Thomas Cavanaugh was $733.45. Tumer- Young Imestment Co, sent a check on 12/9198 in the amount of $653.42, then later on 12/29/98 the same company sent two additional checks atnounting to $733.45, resulting in an overpayment of 5653.42. All documentation necessary for refund is attached. FISCAL INFORMATION., The tax overpayment revenue fund would be reduced by $653.42. Respectfully submitted: 4ana 4z Director of Fiscal Operations Prepared by: Carolene Folse f, Revenue & Tax Analyst _1_ C I AIPONt IA 510°001 00110/10 Al I1: 10 O V I A P A Y M I N I S PACE 6 ACCOUNT NO. RECIE►T NO. NAME ADDRESS AMOUNT STATUS OF PAYMENT 01233300000 1010]/11.0{01 EVERETT, JOHNIA S G411OtNVIIN Si 1.07 OVERPAY 07115 716"00 200000 °1/04/01.6°21 WAA14S, JIMMY 0 01155{1 of 171,!1 OVERPAY 000080 01/01/06•°010 DAL EEY LVN1711 to /04151 6T 6.t VIR/AY 016674000°0 66/06%063.0°0 0705{70°°00 94/04106 16 6001 k ASTaNI°I MN01 IAIT wA! A 1 T 014{9400000 94/04!06.0116 kN01 DON J6~QU1t161 OA 63 :6 8;r#1tAY ~V III .0216 CANCER RONNIE D N CARAOLL 1Y 117.00 OVERPAY 1100294 0 71/0000000000 0 0"/04101.07°1 SALINA4, LIONEL 0 TANOLAWOOR 51 0.10 OVER►AY 012021 079700000 N/041 .0331 /►VN[ M t. St pNpAL~SI~y 0.10 OVERPAY ft/ 1/00•°007 LOPE t-YAS 1. Al/OMfO lfAl GLlNWOOOSA47 116,1 Oy 6tAV 0,7750°000 ►0/OI107•°0 y10 MN154 NO (YyONA6lU 15W lN.~l" MN I 06 *a '0032 166]!0000000 56%06%0°6.00{1 CAOIYIL1 PAT ANAAV6"IAfHWII0 aWTOADY ppeyf" 4 ;I pOgVV 1010070°0°0 01104/0"•0111 DIN10N AF0ORaA0L1 HOUStNO Coop 1jj 'j IA6; 6j, C 1;;~1 oViPAM 010200°0000 94/04/11.0117 W41 T1, LA Net NORTH LNE !R 10,00 OYIR/►V 1°7!1100000 "0/04/11.0176 COLLINS, MARK 0 0►k TR[1 OA 107.11 OVERPAY 0]1!]000000 06/04/19•0011 RIDING Cl[P10N N, MM`u RSN L'T 1 4 07,61000000 66506%1 •0000 k BO1/01<RY 6101 D1L^^ S J i L ,;1° 11 pvtl;Akvv 01/84000000 0U1 ill OONSIANC6 6Y1!V1A IRIC t 01{61000060 94!04!12-0610 A WN1, JAMC E JR k N"l IT1EStR 116Av 19591600000 94/04/14.0°46 SHORT, KEITH A CAROLYN JOHN DR L q DVtAPAY A 0710°°00000 94/04/14.0077 CHILD, RUSSELL 1 ITI RAN C7 L 4/ 01..11f 1 OVERPAY 51071700000 00104114.0067 WELCH, MARK A AMY MHTEASLI 2167 10676006000 66%°6%10.0°!4 OLQA~p61C"CANNY V ILL(001ETOAAR 0 K1: l /Ay 1S070f000o0 15/ 4/10.0014 JONN SOW, 1`LIN e/Lt ~A~A A 01700100001 56/04!!3.0010 SPILM M fl1AI~4YM1`C"~~ ° lit:~i IAs 00 94/°4/2°•01 M 011740 711000 STYL•C•AA 41AUTY 1400 [ YCMI NI+IY A 0. V[61AY !70 06/04/10.0136 FOSTER. OUINCY C WHITEFISH Of 071]6100000 0"/04/16-070° CRIFFt, JAMES A 10.01 OYtAMY , NORMAN ST 0.01 OVERPAY ICJ 07217200000 14/04/77.0110 DIAON JIf FLAY W NORMAN IT OR 160.0° OVERPAY 11611600000 1t/0// •0357 RArr104, CHA 24071E J MANDPI X11001 0 44 { OYEIPAY 07654000000 1!!0{!61.0411 51 GNlir, S ~~11 M to [ll 10 Ogg 0174,1106000 00104118.0 44 OR INt :AV O / a 0142 •••f OVIgg 19471100000 51l04/lP0791 Y 1<7A QAAa IV du ppVV 02512600000 94!04/16.0474 4 CHOLS, 6A ID M FtlRT MONTH DR 1,13 at OV66%AV ! 17601700000 98/0 /21-0668 OPENS, JANI ROYAL OATS C0 it a t OV I APAV 00057000000 °"/00/01.0024 C A D TRACICR CO FORA WA DA 107.21 OVSAPAY i 114 A 04 107008000 0.0/01/01.880071 MIS jCO F`OR1 00RTN OR 21.11 OVIAPAY 4 6lA616 6°00° 6=5065°I.0°16 ,I ``'yT7MtX °1071 oo11~N ~O100 SALE! • 1044 1`069 N4N6[jfri 1 + ff0 pQVV RIAr !1184!60100 10/66/61.0017 JAYtS M000 AUIOPARk~t yN• i a.RAr 61276700 00 l/0 !61.0016 A • A MOTOR ell 166 R1 ~T!}0 6:116: t V A ►Y 0171020°600 94/06101.0017 GOLDEN iR1ANOLl RESTORATION! DALlA3 DR 47.06 OV[R►AY 01664200000 "0/06/01.006 R07ENT'S AUTO WORLD TORT WOA iN DN 07'11 CYIRPAV 0111!°8000080 q/00/E 0 1.00{0 C 4{ L SALTS S lIM SA l76f46g000► 66/0/01.0001 1M1061"AU OUSA°iviIki SALIS N S3i e+ Rk 4 0 WO LO Of S /oiw01111 011 31•:16 "DYRiAr t- .~rru~Nt WIr I'Uh IAA KLI UNU I F}nlml flWAF-0 lax lor ,unp WWO) CITY OF DENTON TAX OFFICE GTY OF DENTON nF'Tinl ma rq ~m nu .f601 E. HICKORY SUITE F . . "P coft - ("I CON one PMWI D ENTON TX 76205 (9491349-8318 To a I for a tax refund, the tax a er rnust complete the followirt . owwo Imo (Step f; THOMAS CAVANAUGH al Owner'sname 1212 PENNSYVANIA OR Vrv. M4 W POP nA. l lel$. ZIP 1 ~ 011 a m and address DENTON TEXAS 760205.8058 (940)382-4460 Stop 2 Legal do sorption {a atlaa+ copy of the tam b I GO u1 »celp4 J V S Addn, Block 9, Lot 11 Describe the property Address or locabon orpropertyr 1212 Pennsylvania or. Account number of properly Tax receipt number, 104358 OR 88040Qaob~ h4m4 TIM n4 AmMM +yrouM Of Tomea Un4 Aram Wy0h Aa WhCh Ae4md Or the 01 Refund M Nlqu,ld Is RIquWad t1. Aaymint rsral low ~ olluesw Stop 3: 1 C*q QLDMM 199$ 12/919$ L. .553.42 3ive the tax 2. Ciiy_oWenlaa S99B 2129198 t- - _A0.43 yayment 3. C4DIJB= 1999 12129(98 S A 3A2 nformalion 4, 5 Talpayer's reason for refund I Ittath supponing documentaton) Tax duo for'9111 wore 733.45. Turner. Yours sent In a Monte for N60.03 d 8113.42 which a goal $733.48 but oarlter ck soneo1 was Tent in for 853.42 re In M on over s Ment of $34 2. of here br applyfor the rerune of e» et»vederortWd a.ef and grLty that the information I new plvM en hs ram is INN end )too 4: correct to Ire best of m knowledge and 04114. na re 5gn the form sign a epp a on a» OUR here Septe~ber IT, 1999 7 Any person who makes a false entry upon fly foregotnq record shall be subject to one of the following penalties: Ix\ t Imprisonment of not more that the 10 years not less than 2 years andlor a rme of not more than $5.000 of both such fine and Imprlaonmenl; 2 Confinement in jai for a farm up to 1 year or a time W exceed 12.000 or both such fine and imprisonment as set forth in Section 37.10, Pena) Code r' leg 5: This lax refun( Is: L.~1JApproved ofsaPProved ! J, ; Aau.a:e ~o vm4W Dole as efund s pn hero to-q-Cif sterminstion re$ ng o 11.(11 taxrlg Vnn 4 a re nd appkalgns ove+ sign e a" I here i cr i 1 Ap* No- 99~ D~f aab AGENDA INFORMATION SHEET AGENDA DATE: November 2,1999 DEPARTMENTt Fiscal & Municipal Services/Tax ACM: Kathy DuBOSe, Assistant City Manager of Fiscal and Municipal Services SUBJECT: Consider approval of a tax refund to lames E. Browne, Jr. The 1998 tax was paid twice, resulting in an overpayment. BACKGROUND: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of 5500,00. Mr. Browne was unaware that his mortgage company would be paying his 1998 tax, and on 11125/98 he paid hls property tax In the amount of Sb00.09. Later on 1/12/99, Mr. Browne's mortgage company paid the sauce amount, resulting in an overpayment of 5600.09. All documentation necessary for refund is attached, FIST-AL INFORMATION., The tax overpaym:enl revenue fund would be reduced by $600.09. Rcsp fully submitted: I ,i ~ 1 n / ..Nth Diana Ortiz Director of Fiscal Operations Prepared by: Carotene Folse Revenue & Tax Analyst A, , t REPORT THAI O10w 06/30180 AT 21,10 O V[ A P A V Y l N T f PAGE 1 ACCOUNT N0. ALClrPT NO. NAME ADO RI Sf AMOUNT STATUS Or PAYMENT 08733700000 91103011.01109 EVERETT. JMMO~~THIINIA ! 00.0159 NVIIw 71 2.93 OVERPAY 0215814000: 08104~ -05 0!061100000 0%%Ot/88S `•0071 OARG I A,LSOCIV WES$ ORAO1M ATR1110 /0` IIa 73 8OVERPAY YSIAOAy 0240 000000 Sa 104100•S1SS SNOtSri,RDOMAYN I A 0U0l ttNt DR tS~.SO OVIIREPAY 00 03071300000 91104/00.011{ OANDIR 01004411 C N WRR OII 1V 747.09 OVERPAY 10245900000 91/04/00.0]01 fALtNAi, 110N11 0 11NOLIWOOD ST 0.40 OV90PAY 07079700000 98104/06.0331 PAYNE. M. 1. SENA It 010 OVERPAY IOff 7800000 q/Oa/ 7.00/7 LORi•YA Sa UI7, AIroN SO IrAI 024 LlN9lly ;741, ylROA1 0 70746000 0 9 OA/S7. 030 RENOH AII`46f w f0 110411 [ 13{U 0005 !5/04/075071 l+Y PARR O0 A 07460700 DO GS {!904/05.0070 RA ~I JAMHO M 6 1AAOY [8N 10N7LN , OVI TAY 10135000000 91/0410 •0014 CAVA FIJbH THOMAS W l SYLVANIA D 0 V AMY 10794700000 91104/09.0177 01 NrON FriOROAILI HOUSING CORP PEAR 70199 ►l 76.47 OVERPAY 03070000000 08/04/11.0111 WHIT[, LANGI NORTH LAX[ 7A 19.00 OVERPAY 10]77400000 90/01/11.0170 COLLINI. MARK 0 OAN TRII OR 407 90 OVIAPAY 73000000 06!804/19.0031 PGDD1pN~ CLIFTON NN, 94499AASSO f/N IN 0 A RORY 0315 100000 0t/ 1/ Of XI DRAY 1 0 l A146 J Y 0 019464{00000 0l/11/11•5~79 NV INT APT tl [0 1lLORl 61 v 11105, S by %PAV 60103000000 Da/04/11.0441 RRO11Ni, JA MI! [ JA NOR fm t RI A 1p V 46 "PAY 190{1000000 90/04/14-0049 0049 SHORT, NIITH A CAROLYN JOHN OA 0.33 OVERPAY 03194100000 16/04114.0077 CHILD, RUSSELL 0 wHITI OAK 07 319197 OVERPAY 01074700000 91/04/!4.0007 WILCH, MARX A ANY IL ASLIY 0197 l 0.10 OVERPAY 790104600000 0t/04/U •01244 IIOORt R CXIf 1 1A3 0/PARM C TIT SRAV 70041/00005 011040.00746 VOt OA~pADANNNY V 1007010000 JOHNSp1111104 SL l{A YN1lCAA 0 l8VM4 Y 5017]100000 ~O/OA%!5.01501 461 Y1~ Ri AC[AUTY SHOP [ MCXINNtY A Ytt V 10041700000 91/04/7/•01346 POSTER, OUINCY C W41TEFI9H CT 40.f8 OVERPAY 07133100000 99/04/71.0704 ORIFFIN, JANIS A. I NORMAN ST 0.04 OVERPAY N 07711700000 08/04 /27-0340 DIXON JEFFIRY w $AkDPIPER p OR 040,40 OYIRMY 1 tf131900000 0f AIR 7 070 RAY4DA C7IARL OT TI J Cl AW00V 117000 0 140'4+ OV ju Av 0311 5900000 of 44191-0061 l1CXl`~, S I RV lFl i7t 33 DOQVVY 03344300600 1944/1:0 .44 OA1149 OAV~0 0 a + /37/00000 so1/24.93rr1 Y • A A01 IV 4`TD 00007900000 91/o 700474 NiGNOLS AVID FORT 1501704 DR 7,3 0. 1 IV StAY 17907300000 01/04/70.0070 OWENS, JAMI AOVAL OARS CA 116.01 OVERPAY 00017600000 91/00/01.0074 0 A 0 TRACTOR CO F00 WORTH 01 367.31 OVERPAY 91410700000 /4/06/01.0017 MONT t RRIV CAR CO P00; WORTH DR 77.14 OVEAPAY 0+411100065 0//e1.80 1 NOW'! AUTO tA` IS SR7NNf S 1 Y T 41.01 yV PA 11/0t- !417!0000 ~1/0005! 1HOrP1oN CLAI/IS MOTOR !9973 1 fOW! O^1 uj 0 3,07 {11 &V NAV 74034600000 0/p 70 Illt U7SI FO 46 N 0 ppVV RR 1t{b1300000 p/00l01.OS41 JAMIE 04000 AUT #INo AR 0[NA00Al S7 ae OYIIPAV 0167N60000 01/0 101.0048 A a A MOTOR 01719700000 111/0e/01.0011 GOLDIN tRIANOL4 RESTORATIONS DALLAS OR 87,99 OV90PAY 91404200000 99/08/01.0017 MOMENT'$ AUTO WORLD FORT WORTH 04 +T,43 OVERPAY 010!1500000 91%ouol-o000 SV4WLR SALE A S tl ST 97.457 OOW ANY SlSlOf0000S 55!0:%0,'•500: /M001a11NAUTON~AA011 will 0 1311046tN OA 3 ~:1= DY IIPA'/ 1 F c APPLICATION FOR TAX REFUND rte Mme Co" u r M" M ;M CITY OF DENTON TAX OFFICE CITY OF DENTON ma rq address (Dumber ■ e 601 E. HICKORY SUITE F y. n a oo. DENTON TX 76205 94U 34M31i6 To a 1 fora tax refund, the taxpayer must complete the following. Q*Wl N" Step 1: JAMES E BROWNE JR Owner's name 2213 NORTH LAKE TR 4lL i was POe u N Qm, tar" Cws . riumxomr) Ph" and address DENTON TEXAS 76201.0725 Step 2; Legal desopticn (or anach copy of the lax bill or tax recelpt): North Lake Park Addn Ph? Block 2 Lot 25 Describe th,, property Address or loauon cf property: 2213 North Lake Troll Awmrit number of property; Tex r■cetpt number. ' 61.9j0 On 98041201 If Nome Tom Date Amour M Or Taming lhx From which Fa Whidi RaAuM 01 The RINA is rlpul,W to Repuealod Tom Par"W1 11Tun Paid Feamfed Step 3: 1. C -Qf Djento im 11120 i-_ r~oo.o9 3 Give the lax 2. City or Denfoa 1921 1L12(p9 S__ &00.09 S e06.09 i payment 3, information 4. 5. I Taxpayer's reason for refund (stlach supporting documentation); 199! tax was paid In full on 11123199, then on 1112199 another ek was reafved 111233342 resuNln in an ow dent. 11 hereby apply for the refund of the e1bove-0eaorlbed taxes and calify that the 107"llon I have wAn on this form is eua end Step 4: oorrect torte beat W try knowledga and b■ueL- i r ■ raw, Sign the ►orm sign pn■ x ra here ccL Any person who aloes a false entry upon Uxt foregoing record an be subject to one of the wllomng panalues: 1. Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than 55,000 or both such fine and Imprisonment; 2. Confinement In Ian for a term up to 1 year or a fine to exceed $2,000 or both such fine end Im risonmenl as set forth In Section 37.10, Panel Cods. Step 5: This tax refund Is: Approved Disapproved AuT OQ Ofllar pay Tax refund sign MEL ~I C^ C Q S--q mom determination here residlnp oer s( taxing un a refund ap a a over ate sign here _ -3- Ia Agenda No 1 Agenda Item AGENDA INFORMATION SHEET Da te r I AGENDA DATE: November 2, 1999 DEPARTMENT: Fire CI'T'Y MANAGER: Mike Jer, 349.9307 SUDJECf Consider adoption of Ordinance and approval of an Interlocal Ambulance Agreement between the City of Denton and the cities of i Iickory Creek, Krum, Sanger and Shady Shores. BACKGROUND The Interlocal Agreements for Ambulance Service between the City of Denton and the cities of Argyle, Corinth, Ilickory Creek, Krum, Lake Dallas, Ponder, Sanger and Shady Shores began in 1980 and provide for the conlinuatinn of emergency medical services to the small cities within our service area. ES'I'IMAI ED SCHEDULE OF PROJECF (Not Applicable) PRIOR ACTION/REVIEW (Councll, Boards, Commissions) Council has approved these agreements since 1980. The revisions being made to the 1999.1000 agreements from last year are, Per capita charge is increasing from $6.50 to 58.00 Populations will be based on the estimated January I, 1999, North Texas Council of Government figure. FISCAL INFORMATION phis will comprise approximately Ina of our total EMS Revenue for this fiscal year, No other program or department is affected, however, without this agreement we would have to stop service to the small cities, BID INFORINIATION (Not Applicable) MAP (Not Applicable) i Respectful repared & aubmilted; A Ross Chadwick Fire Chlef r, c ~I ORDINANCE NO. AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUX.CIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Denton hereby approves an interlocal Agreement for Ambulance Service between the City of Denton and the City of Hickory Creek, a copy of which is attached hereto and incorporated by reference he ein, and the Mayor, or in his absence the Mayor Pro Tern, is hereby authorized to execute said Agreement on behalf of the City. SECTION 2. 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 WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERTL. PROUTY, CITY TTORNEY BY: J; /dweC6M'l GL'Qv Uxummu~tinam 1~,•maMclory pM i. c c. i i INTF.RLOCAL, AGREF,bIENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK Recllals The City of Denton currently provides emergency medical scrvices to the citizens of Denton. The City of Hickory Creek would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the Tex. Health and Safety Code (Vernon 1992) and the Interlocal Cooperation Act, Tex. Gov't Code Ann. §791,001, el seq., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. WHEREAS, both the city of Denton and the City of Hickory Creek have the authority to perfomh the services set forth in this Agreement individually and in accordance with Tex, Gov't Code Ann. § 791.012 (cx2); and WHEREAS, the City of Hickory Creek will make all payments for services out of available current revenues and the City of Denton agrees that [he payments made by the City of Hickory Creek hereunder will fairly compensate it for the services p,-formed; NOW, THEREFORE, WITNESSETH A rcement This Agreement is made on the day of 1999, between the City of Denton, Texas ("Demon"), and the city of Hickory Creek ("Hickory Creck'). The parties agree as follows: i 1. WrInitfons. Em_ crxeney Mcdical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an~ individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or Injury, 2. Denton to medical services to Hickory Creek iresponse to Hickory for emergency medical.services in emergency eor• dance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Hickory Creek shall be communicated to Denton in the manner specified by Denton. 3, ' Discretion In Providing EAl,S, Hickory Creek understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide energency medical scrvices to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Hickory Creek, to dctennine: (a) Whether or not to respond to a request for medical emergency service; PACEI + t I a (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical service, 4. Service Fee, In consideration for providing emergency medical services to Hickory Creek, Hickory Creek agrees to pay to Denton the sum of $16,400 for fiscal year 1999.2000 based on a population of 2,050 multiplied by SS.00, The population figure used is contained in the latest edition of the North Central Texas Council of Governments estimate for January 1, 1999. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July I, of each annual term. Denton may, after giving prior notice, suspend service to Hickory Creek during any period of time Hickory Creek is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fce paid by Hickory Creek, Denton may charg. and collect front persons provided emergency medical services, the patient fees established by ordinance of Denton, 6. Governmental Immunity Not Waived. Neither Denton nor Hickory Creek waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The tam of this Agreement shall be in one-year increments beginning on October 1, 1999 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. S. Trrminadon; neraull. Either party may terminate this Agreement at any time without cause by giving 90 days advance notice in writing to the other, specifying the date of lamination. If either party breaches a provision of this Agreement, the other party shall g;ve the defaulting party written notice of the default, Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Hickory Creek shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows; r, i To Denton: To Hickory Creek: t City Manager Mayor City of Denton Town of Hickory Creek 215 E, McKinney P.O. Box 453 Denton, Texas 76201 Lake Dallas, Texas 75065 PAGE2 i I b. 10. Agreement Not for Benefit of Third Parties. This Agreement is not Intended and f shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party, 11, Assignment Neither party shall assign this Agreement except upon the prior wrWen consent of the other, 12. Venue, 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. EXECUTED on the day of • 1999. CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: IIERBERT L. PROUTY, CITY ATTORNEY BY: CITY OF HICKORY CREEK B~Y-:~ ATTEST: ,.....L,,C,9% A 01",_ do •60 d r 13 . x, SECR TAR sg71 a /rnaelJr✓IOLO.. PtummYfm.aYwinlvlnv.,nun ArYuypM li Irr'4rrrrnnu Hirdad',r• 1 s'naE 3 I I I I ORDINANCE NO. f AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and the City of Krum, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute said Agr:ement on behalf of the City. SECTION 2. That this ordinance shall become effective immediately spon its passage and approval, PASSED AND APPROVED this the drry of , 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ! /GG~ / /GerL ldM JM 4QL01 11 ~w<bd'W"M, Nlntt,mulmm ltt f A' f t ' \ I c b 1NTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM Recitnls The City of Denton currently provides emergency medical services to the citizens of Denton. The City of Krum would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the Tex. Health and Safety Code (Vemon 1992) and the Interlocal Cooperation Act, Tex. Gov't Code Ann, §791.001, el. seq., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. WHEREAS, both the City of Denton and the City of Krum have the authority to perform the services set forth in this Agreement individually and in accordance with Tex. Gov't Code Ann. §791.011(c)(2); and 1VHEREAS, the City of Krum will make all payments for services out of available current reveihuc•, and the city of Dcnton agrees that the payments made by the City of Krum hereunder will fairly compensate it for the services performed; NOW, THEREFORE, 1VITNESSETH Agreement This Agreement is made on the _ day of 1999, bettween the City of Denton, Tc (as ("Dcnton"), and the City of Drum ("Krum"). The parties agree as follows: I . Definitions. Emergency Medical Servics or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Krum. Denton shall provide emergency medical services to Krum in response to requests for emergency medical services in accordance with this Agreenunt. All requests for emergency medical services for persons residing in the corporate limits of Krum shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing EALS. Krum understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Krum, to determine: i (a) Whet,,er or not to respond to a request for medical emergency service; i PAGEI I t' ~I ' I ~l I II (b) Whether and whMpersomel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medical services to Krum, Krum agrees to pay to Denton an annual sum of 515,200 for fiscal year 1999.2000 based on a population of 1,900 multiplied by $8.00. The population figure used is contained in the latest edition of the North Central Texas Council of Governments estimate for January 1, 1999. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after gking prior notice, suspend service to Krum during any period of time Krum is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Krum, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not \1'aived. Neither Denton nor Krum waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise bt available to it against claims made or arising from any act oromissioa resulting from this Agreement. 7. Term. The term of this Agreement shall be in one-year increments, beginning on October 1, 1999 and continuing to September 30 of the following year and thereafter from year to year until lerminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving 90 days advance notice in writing to the other, specifying the date of termination. if tither party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. 1 Kntm shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Krum: Citylvlanagcr Mayor City ofDcnton City of Krum 215 E. McKinney P.O. Box 217 Denton, Texas 76201 Krum, Texas 76249 10. Agreement Not for Benefit of Third Parties. This Agreement is not Intended and shall not be construed to be for the benefit of any Individual or create any duty on Denton to any PAGE 2 a n I a I i I i I 'I third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other, 12. Venue. Venue of any suit or cause of action und(r this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of be State of Texas. I I EXECUTED on the dayof ,1999. CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED !,S TO LEGAL FORM: I HERBERT L. PROUTY, CITY A ORNEY , c BY: / MI 1 CITY OF KRUM BY; MAYOR ATTEST: f BY; A. ~ e SECRETARY I drdAp lOLQv PaummYCmrn, N~nMlwrtanra4imle PAGE) I~ . 1 tI ORDINANCE N0. AN ORDK%NCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN Tha CITY OF DENTON AND THE my OF SANGER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and the City of Sanger, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the City. i SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day oC , I X g. JACK MILLER, MAYOR 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 1 APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY { BY: / ? I 1d.M,YpA0C0.r Meumm.Or3vrca ev d...w inln da '~f / i i r I ' I f UNTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DEN'TON AND THE CITY OF SANGER Recitals I j The City of Denton currently provides emergency medical services to the citizens of Denton. The city of Sanger would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the Tex. Health and Safety Code (Vernon 1992) and the Interiocal Cooperation Act, Tex. Gov't Code Ann. §791.001, et seq,, (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. WHEREAS, both the City of Denton and the City of Sanger have the authority to perform the services set forth in this Agreement individually and in accordance with Tex. Gov't Code Ann. §791.011(c)(2); and `rVHEREAS, the City of Sanger will make all payments for services out of availr,hle current revenues and the city of Denton agrees that the payments made by the city of Sanger hereunder will fairly compensate it for the services performed; NOW, THEREFORE, WITNFSSETH Agreement + of , 1999, between the City of Denton, 11,6 Agreement is made on the -("Sanger'). Texas ("Denton"), and the City of Sanger ("Sanger'). The parties agree as follows: 1, Definitions. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psvchological illness or injury. 2. Denton to Provide FMS to Sanger. Denton shall provide emergency medical services to Sanger in response to requests for emergency medical services in accordance with this Agreement, All requests for emergency medical services for persons residing in the corporate limits of Sanger shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Sanger understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has A i < other contracts to provide emergency medical services to other entities. Denton shall have the sole ftwo right and discretion, without being in breach of this Agreement and without liability to Sanger, to determine: (a) Whether or not to respond to a request for medical emergency service; PAGE1 i 1 c' ~ I i i i (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medical services to Sanger, Sanger agrees to pay to Denton the sum of $41,600 for fiscal year 1999-2000 bash on a population of 5,200 multiplied by $8,00. The population figure used is contained in the latest edition of the North Ccntral Texas Council of Governments estimate for January 1, 1999. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Sanger during any period of time Sanger is delinquent iii the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Sanger, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Walved. Neither Denton nor Sanger waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one-year increments, beginning on October I, 1999 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving 90 days advance notice in writing to the other, specifying the date of termination. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written noGcc of the default. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other pvty may declare the Agreement terminated. Sanger shall be liable to Denton pro rata for the payment of emergency medical services provided i up to the date of termination, 9. Notices, All notices sent under this Agreement shall be mailed, postage prepaid, to the l respective addresses, as follows: f To Dentonr To Sanger, City Manager Mayor ` o City of Denton City of E anger 215 E. tvfcKinncy P.O. Boa 518 Denton, Texas 16201 Sanger, Texas 76266 10, Agreement Not for Benefit of Thlyd Parties. This Agreement is not Intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any f PA09 2 c third party. 1 1. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. 12, Venue. 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 taws of the State of Texas. EXECUTED on the day of _ .1999. CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTS', CITY ATTORNEY BY: j CITY OF SANGER BY: AYOR ATTEST: F ~n A BY. gaj&L i ` s ~ SECRETARY 40, PA(181 ~ i t I i I ~ ' I ORDINANCE NO. AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the City Council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and the City of Shady Shores, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the city. SECTION 2. That this orlinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1949. JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. i APPROVED AS TO LEGAL FORM; j HERBERT L. PROUTY, CITY ATTORNEY BY: III ~i ~M..edaLLaua.aei+r.■aernenm.ve.~1..w eAA.w yf`\ l t. ry I INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES Recitals The City of Dcnton currently provides emergency medical services to the citizens of Denton. The City of Shady Shores would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the Tex. Health and Safety Code (Vernon 1992) and the InterlocaI Cooperation Act, Tex. Gov't Code Ann. §791.001, et seq., (Vernon 1994), a city may contract to provide emergency medical senices to the county or another city. WHEREAS, both the City of Denton and the City of Shady Shores have the authority to perform the services set firth in this Agreement individually and in accordance with Tex. Gov't Code Ann. §791,011(c)(2); and WHEREAS, the City of Shady Shores will make all payments for services out of available current revenues and the City of Denton agwQ, that the payments made by the City of Shady Shores hereunder will fairly compensate it for the services performed; NOW, THEREFORE, WITNESSEM Agreement This Agreement is made on the 'L day ofJc_[y 1999, between the City of Denton, f Texas ("Denton"), and the City of Shady Shores ("Shady Shores'). The panics agree as follows: 1. Definitions. Emergency Medical Services or EMS, means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical I care and to prevent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide F.A1S to Shady Shores. Denton shall provide emergency medical services to Shady Shores in response to requests for emergency medical services In accor- dance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Shady Shores shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E,ALS. Shady Shores understands that Denton must also r;. respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Shady Shores, to determine: (a) Whethcr or not to respond to a request for medical emergency service; f PAGE I G c' 1 I I 'i i t (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medical services to Shady Shores, Shady Shores agrees to pay to Denton the sum of $13,200 for fiscal year 1999.2000 based on a population of 1,650 multiplied by $8,00. The population figure used is contained in the latest edition of the North Central Texas Council of Governments estimate for January 1, 1999. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January I, April I, and July I, of each annual temt. Denton may, after giving prior notice, suspend service to Shady Shores during any period of time Shady Shores is delinquent In the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Shady Shores, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived. Neitner Denton nor Shady Shores waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Terns. The term of this Agreement shall be in one-year increments, beginning on October I, 1999 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving 90 days advance notice in writing to the other, specifying the date of termination. If either party breaches a provision of this Agreement, the other party shall give the defaulting party , «ritten notice of the default. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Shady Shores shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follo%%s: r 1'o Denton: To Shady Shores: ! _ ` c City Manager Mayor City of Denton city of Shady Shores 215 E. McKinney P.O, Box 362 Denton, Texas 76201 Lake Dallas, Texas 75065 PAGE 2 G I I 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consort of the other, 12. Venue. Venue of any suit or cause of action under this Agreement shall tie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. EXECUTED on the day of 19". CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: , HERBERT L. PRODTY, CITY ATTORNEY POI BY: Ago CITY OF SHADY SHORES MAYOR- ATTEST: ,,tl f\ c SECRETARY I .nnel.Mp ltlld D:wrmvfwras,a.6rtm n.wa+hq 1v.e 1. I PACE 4 Apo* No. AGENDA INFORMATION S1iEE1 ap ~ Dale AGENDA DATE: November 2, 1999 Qurstionsconcerrtingthls ac ,aisilion may be directed DEPARTMENT: Materials Management to Earl Crews 349.8203 ACM: Kathy Dubose, Fiscal and Municipal Services SUBJECT: AN ORDINANCE AUTIIORIZINO TIIE EXECUTION OF CHANGE ORDER ONE TO THE CONTRACT FOR THE CONSTRUCTION OF THE NEW FLEET MAINTENANCE FACILITY BE.I WEEN ITIE Cl FY OF DENTON AND RATCLIFF CONSTRUCTORS, INC.; PROVIDING FOR AN INCREASE IN DIE SCOPE OF WORK AND AN INCREASE IN THF. PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DAIS (BID 2361 - FLEET MAINTENANCE FACILITY AWARDED TO RATCLIFF CONSTRUCTORS, INC. IN THE AMOUNT OF 51,998,650 PLUS CI IANGE ORDER ONE IN THE AMOUNT OF $108,387). BACKGROUND: The Fleet Maintenance Facility original design has a 30-n. extended concrete apron on the North, East and Wesl of the proposed new building. Staff is recommending extending the West Side out 65-It. frorn the proposed apron and extending the East Side out an additional 204 On the West S+de, this will give fleet Scrvice a 20. 11, driving lane and also serve as a drainage flume to remove storm ,valor from the East Side of the building and directing the water to the West. Phis design will accommoda,e future storm water design that will be needed for the Fleet Maintenance Facility site. The proposed extended parking will also enhance our efforts to control run-off for this site. REC'ONIMENDATTUN: We recommend change order one In the amount of S 108,387 be approved, total contract not to exceed $2,107.037, ES] IMAT'ED SCTIEDUL£ OF PROJECT[ '[Iris work effort should be accomplished during this month of November 1999. The entire Vehicle 1 Mainwriance Facility project is scheduled for completion by February 2000. PRIOR ACTION(1'IE"' ICOUNQL,11OARDS, COMMISSIONS) the Public Utilities Hoard and City Council approved the construction contract for a new Fleet Mainlcnance Faciiily On June 15, 1999 (Ordinance 99.193). The Public Utility [Board reviewed Change Order One on Octobcr 18, 1999 and recontmendsapprovol in the amount of 5108,387. FISCAL INEOR IAT1lyN: i Change Order One w ill be funded From Certification of Obligalion fund account (726.025-CO99-9101). A The original contract amount was S 1,998,650, Change Order One Is In the amount of St0b,u87 the new l \ Contract amount would be $2,107,037. 1 i! AGENDA INFORMATION SHEET NOVEMBER 2, 1999 PAU 2 OF 2 CHANGE ORDER INFORMATION: Change Order One to the new Fleet Maintenance Facility Is Intended to add 3,520 square yards of additional 5 inch concrete paving. Respecirully submitted: Tom Shaw, C.P.M„ 349.7100 Purchasing Agent Attachment I: Quote from RatclirrConstructors, Inc. Altachtnent 2: Extended Concrete Plan Map 1289,Art.NDA I i 4 . . i ATr1rC9Rlf! 1 I Rutdiff Constructors, Inc. C 1140 TUNA aDAD 6 SUIT! 0,107 • DALLAS, TR 7W4.7NOld 101114M4001 *FAX 107 71 4 77-907 t i October 6, 1999 Mr. Michael Leavitt City of Denton Manager of Construction Projects 901 A Texas Street Denton,Texas 76201 Re: City of Deolon Fleet Maintenance Facility Subject: COR 001, Add for proposed concrete pat-fog Dear Mike: Per your request for pricing, we hereby propose the following change order request for adding concrete paving pet the drawing dated 912199. As you have requested there are two pricing scenarios presented. The following is a breakdown of these costs. Scenario Ni. Add 6" paving per drawing 01 of I dated 912/99. i T.A.S. Concrete 6" paving $91,055.00 , Subtotal $91,055.00 i Additional Bond $7.0011000 $574.00 Insurance 5.1421100 $115.00 Subtotal 91,744.00 10% Fee $9,174.00 Total requested $89,418.00 Scenario 02. Add 9" pacing per drawing 01 of I dated 9122199 A T.A,S. Concrete 8" paving $97,710.00 c, t+ . i Subtotal $97,710.00 Additional Bond $7.00/1000 $683.00 Insurance S. 1421100 $139.00 Subtotal $98,334.00 l0°h Fee $9,837,00 Total requested 3108,381.00 This change will not effect the contract completion date. The above price is based on the following exclusions and clarifications: • The proposal includes only the work indicated above. Any additional work will be subject to separate correspondence. All work will be performed during normal working hours (Monday through Friday, 7:00a.m. to 3:30 p.m.) Please Indicate your erceptance by signing below and returning a copy for our files. Should you have any questions, please contact me directly. Sincerely, ton C. Frederick Senior Project Manager cc: led Dennis - Ratcliff Constructors File: cor001 Attachments; T.A.S. proposal Authorized to Proceed City of Denton r " By Title Date i c IL STA. 2+70 STA. 2+00 "•r:•a~' it!'r:~...t~Y''7 fTA. 1+90 a 74 i { k + 1 f:• ~'[,y ,1'~. .•a/r, •r 4111 fir. ~'!{f,~♦4..,11~ p,,ft 1 ~.r' is .1 n l.t'♦ / .F.IU25 r' STA. 0+00 rI' r l~1, 1 I , 11 k y r 1 b VA • - . a ~ 1 III"' / r --r ftpnw saw 1 t.. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE TO THE CONTRACT FOR THE CONSTRUCTION OF THE NEW FLEET MAINTENANCE FACILITY BETWEEN THE CITY OF DENTON AND RATCLIFF CONSTRUCTORS, INC.; PROVIDING FOR AN INCREASE. IN THE SCOPE OF WORK AND AN INCREASE IN THE PAYMFNT AMOUNT; AND PROVIDING AN EFF'EiC'F1VE DATE (BID 2361 - FLEET MAINTENANCE FACILITY AWARDED TO RATCLIFF CONSTRUCTORS, INC. IN THE AMC UNT OF $1,998,650 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $108,387). WHEREAS, on June 15, 1999 (Ordinance 99-193), the City awarded a contract f n RatcIiITConstructors, Inc. in the amount of $1,998,650; and N'I IFREAS, the City Manager having recommended to the Council that a change order one be authorized to amend such contract agreement with respects to the company performing the service and price and said change order one being in compliance with the requirements of Chanter 252 of the Local Government Code; Now, THEREFORE, TI IF COUNCIL OF THE CITY OF DENTON I IEREBY ORDAINS: SECTION 1. That the change order one increasing the amount of the contract agreement between the City and Ratciiff Constructors, Inc,, on rite In the office of the Purchasing Agent, in the amount of ONE HUNDRED EIGHT THOUSAND THREE HUNDRED FIGI[TY SEVEN and no/100 Dollars (5108,387), is hereby approved and the expenditure of funds therefor is hereby authorized. The master contract amount is amended to read $2,107,037. ; 2iCT'[ON I1. Thai this ordinance shall become effective immediately upon its passage and approval. PASSLD AND APPROVED this the _ day of _ 1999. I JACK MILLER, MAYOR ATTLST, JENNIFFR WALTERS, CffY SECRETARY Hy: _ APPROVED AS TO LEGAL FORNE; I ll:RBLRT E., PROUTY. CTTN' ATTORNEY By, cun~ar. uasrrrx unt na, iteLUautnnNCt. c4 qo. A he AGENDA INFORMATION SHEET } 1! AGENDA DATE: November 1, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays 349.8487 ACM: Kathy DuBose, Fiscal and Municipal Serv:cesXY fBJ 'C7: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACf FOR THE CONSTRUCTION OF 69KV TRANSMISSION FACILITIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2394 - SPENCER TO LOCUST TRANSMISSION LINE CONSTRUCTION AND DID 2395 NORTH LAKES SUBSTATION US77/RINEY ROAD TRANSMISSION LINE CONSTRUCTION AWARDED TO GREAT SOUTHWESTERN CONSTRUCTION, INC. IN IHE TOTAL AMOUNT OF S1,310,622). BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION: We recommend Bid 2394 and 2393 be awarded to the lowest bidder, Great Southwestern Construction, Inc. in the amount of $1,310,622, ESTIINIATED SCHEDULE OF PROJECT: Construction is to start in November 1999 and to be completed by May of 2000. PRIOR ACTIO,"EVIEM': The Public Utility Board reviewed these bids and recommended approval on October 4, 1999. FISCAL INFORMATION: Funds for this portion of the reconstruction of the 69KV Transmission Line are available from CIP Bond account(653.080-RB98.365009219-CO54004B). BID INFOR.IIATION: This project was di0ded into two separate bids with the possibility of award to two separate contractors. It has proven to be more economical and efficient to combine the tasks into one major project awarded to one contractot. These projects are combined into three major sectlot.s: 1. Sgrneer to .orasr Trammission Line eebulf r the Spencer to Locust project is to rebuild the 69KV transmission line between the Spencer Plant j;. and the Locust Substation with a larger conductor. The length of the line is 10,500 '.-et and will consist of $4 weathering, tubular steel structures, 23 of winch will require concrete piers that have depths ranging frum 16 to 34 feet, Approximately 1,200 feet of the transmission line along Johnson and Collins Street will be removed and not rebuilt the transmission line will have two large conductor distribution circuits installed below the transmission conductors. AGENDA INFORMATION SKEET NOVEMBER 2, 1999 PAGE 2 OF 3 BIDINFOR6IATION(COVTIN FDl 1. 5nencer to Locust Transmission Line Rebulfd (Continued) The contractor will be responsible for installation of steel poles, retirement of the existing lines, disposal of all removed material, and providing all materials required for construction except for the steel poles. Purchase of the poles was approved previously. Most of the poles have been received. This is the first project in a long-range plan to rebuild the 69KV loop. The Spencer to locust project is required to provide adequate capacity for growth and for outage situations, to meet the requirements of ERCOT transmission planing criteria, and to replace aging wood structures that were placed in service in 1962. The peak load on the Spencer to Locust transmission line has been approximately 70 MVA. The maximum rating of the line is 77 MVA. Outages of other transmission segments, at or near the time of the peak, could place up to approximately 105 MVA on the Spencer to Locust line instantly, That would be a 1401/9 overload, which could result in failure of the line conductors in a very short time, Such an outage would affect over 40% of the City's load. ERCOT planning criteria rrquires that all parts of the transmission line system be capable of remaining in service for various outage conditions. The 105 MVA loading would occur if the North Denton Interchange to North Lakes Substation transmission line were to tip during peak loads. Denton is clearly in violation of ERCOT system security requirements. Reconstruction of the Spencer to Locust transmission line will address all the problems outlined above, It should be noted that continued growth will only increase the magnitude of the problem. The capability of the reconstructed line will be 120 MVA, H. Crossing of US77 at Ringy Road US77 is being widened to four-lane in the northem part of Denton. Two 69KV transmission poles near the intersection of US77 and Riney Road must be relocated as a result of the road construction. One pole is in the center of one of the future lanes. A second pole is near the pavement edge in a turning lane, these poles are part of the 69KV transmission line between forth Denton Interchange and North Lake Substation. It will not be possible to simply move the two poles in conflict with the road. Tor structural reasons, a total of 650 feet will have to be reconstructed. Four wood poles will be replaced with three steel poles. One of the four will be the comet pole two spans to the east of the toad, That pole is in poor condition and in need of replacement due to age. Anchoring for the comer pole and one other structure will be eliminated. Ell, Aotfh LpArs Subslatfon Pale Reolaremem This project is to replace all the existing transmission structures within the North lakes Substation with steel self-supporting structures. All existing structures are wood, Two poles are significantly damaged from woodpeckers and rite and must be replaced. Several others are leaning or deformed from side across because space in and around the station would not permit proper anchoring. The only reasonable solution Is to replace all structures with self-supporting r steel structures. 4 r 1 r•'~ 4 G AGENDA INFORMATION SHEET NOVEMBER 2,1999 PAGE 3 OF 3 Respectfully submitted; Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1• Tabulation Sheet 1291.AGENDA If i i r . 4 TABULATION SNI3tiT Bid Summary for 60KV Reconstruction 4-Oct-99 Exhibit 1 Bidder Specsr to Locust North LsMss U. S. 77 • Riney Total Base Alternate Base ARsmate Base Alternate Great Southwestern Construction Inc. 51,063,306 $199,222 $48,092 $1,310,622 Mustang Line Contractors Inc. $1.337.2341 1 $416,469 $1,753,093 51,620,885 $476,037 51,996,922 Red Simpson 54,797,962 $627,027 $6,424,989 54,797,062 5627,027 56,414,989 Emest P. Breaux Electrical Inc =1,600,000 $393,000 if,695,000 51,525,000 5401,000 51,926,000 { Base Bid required restoration of the 69KV VansrNs n to service within 24 hours of request. Alternate Bid was for no requirement to restoration of the 69KV line during the construction. v PUS SP-LO 60 4mad Sheet xis t• i ORDINANCE NO. _ AN ORDINANCE ACCEPTING COMPETITIVE nIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF 69 KV TRANSMISSION FACILITIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2394 - SPENCER TO LOCUST TRANSMISSION LINE CONSTRUCTION AND BID 2395 NORTH LAKES SUBSTATION US77/RINEY ROAD TRANSMISSION LINE CONSTRUCTION AWARDED TO GREAT SOUTH WESTERN CONSTRUCTION, INC., IN THE TOTAL AMOUNT OF S 1,310,622). WHEREAS, the City has solicited, and received competitive sealed bids for tha construction of public works or improvements in accordance with the procedures of STATE law and Cityordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest respondent for the construction of the public works or improvements described in the bid invitation, and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i. That the following competitive sealed bid for the construction of public works or improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBE$ CONTRACTOR AMO 2394 / 2395 Great Southwester Construction, Inc. 51,310,622 SECTION 11. That the acceptance and approval of the above competitive sealed bid shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 1V, That upon acceptance and approval of the above competitive sealed bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved e bids and authorized contracts executed pursuant thereto. / t' c• I i i f I y SECTION V. That this ordinance shaI) become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1999 I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: BID1)94 &2193-CON"AMALORDINANCE I t , i I ~ I i• C Apx1a No_ Agodo IIt6M AGENDA INFORMATION SHEET AGENDA DATE: November 2, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays 349-8487 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT: AN ORDINANCE ACCEPTING COMPETATIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 15120125 MVA POWER TRANSFORMER, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2408 - POWER TRANSFORMER AWARDED TO WAUKESHA ELECTRIC SYSTEM, DIVISION OF GENERAL SIGNAL POWER SYSTEMS, INC. IN THE AMOUNT OF 5441,877). BACKGROUND: (See attached Tabulation Sheet) RECONINI£NDATION: We recommend this bid be awarded to tl,: lowest bidder meeting specifications, Waukesha Electric System, Division of General Signal Power Systems, Inc. in the amount of $441,877. PRIOR ACITION OR APPROVAL: The Public Utility Board reviewed this bid and recommended approval on October 4, 1999. FSTDIATED SCIIF.DI?LE OF PROJECTt This power transformer is scheduled for delivery between September IS and October IS, 2000. FISCAL INFORMATION: CIP Project 00.1032.02 for the new South Denton Substation has a budget of SI3 million dollars. This $441,877 charged to account (653.080-RB98-CS00-9228-C0541058) will be the first expenditure for the project. RID INFORMATION: This bid is for the purchase of a 15/20/25 MVA Power Transformer for the new South Denton Substation. The new ,tubstation is intended to relieve the Pockrus Road Substation and service the areas of Loop 288 down Lillian Miller, Southridge, Wind River, Sundown Ranch over to Forestridge and south on Teasley. The purchase of the transformer is the first step in Capital Improvement Project 00.1032-02, new South Substation. r' The lower offerings by Sunbelt and Temple had a higher evaluated operation cost (see attached evaluation summary sheet) and the offering from Kuhlman to exceptions took the Performance Bonding Requirements. a AGENDA INFORATMION SHEET NOVEMBER 2, 1999 PAGE 2 OF 2 Respectfully submitted: Tom Shaw, C.P.M., 349.7100 Purchasing Agent Attachment 1: Tabulation Sheet Attachment 2: Evaluation Summary Sheet 1293 AGENDA f ljj it . I Y ATTACHMENT1 TABULATION SHEET' Bid # 2408 Date: 8131 /99 i POWER TRANSFORMERS No D DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR Kessler Kuhlman Sunbelt Waukesha Temple Wesco Electric Electric Trans. Power Transformer 15/20125 MVA, 138kV $441,877 $428,692 $446,410 $436,356 $316,800 wye with load tap Changer Short Circuit Test $220,000 DELIVERY 168 DAY 273 DAYS Sept 2000 18-22 wks 37.39 Wks NO 910 Dealers Electric Wesiler Assoc. Perferred Sales Cummins i f i c Bid 8 2408 Power Transformer ATTACHMENT 2 Evaluation Summary Most e Temple Waukesha IlUesco Kuhlman Sunbelt Bid Conformance CoMortnlnp Coaforminp Conforming Nonl;onfomiiriQ i ~ Carrfomilnp :448 827 00 Basa Price $428.822-00 .5446 41000 $436,356.00 1318 800 00 Cartlrisd no load loeses1540721 i $63,116.00 ( $81 I .,324.32 $69,22<00 $53,91326 $10180000 Certified load Losses152636) 585 51 zoo =81,638 82 1 $81,44000 5128 084 76l, -S-1-1-0.5,641,0 ~Worrsnty Adder. 52144< 60 i FkW Installation Cost 525 000 00 $500.00 ~ . . Field etvfce Cost _Q _ i...... 1 $316,60000 Short Circud Tnhn Dative ry lo 9ks Addet . I.... 517 85810 i lie,rfonnanee Bond Release (58,9!0.00) Total Evaluated Cost SSo8,964.80 3587,837 64 f `5639 930.40 $615.854.04 $845,954,80 Cost to OME (UpFront Dollars) 5430,336.60 i ' N4f,e».t10 X489 266.0 "$436.854.00 $633,604.00 Bid Bond Compliant Compliant Compflant Non-Compliant Comp Brnt Evaluation Rating 2 S Q 4 Note: Boo Attached Evaluation 9hiah for Comrnaiits . Temple 1 Waukesha Wesw Kuhlman Sunbelt Standard Warranty 1 esr + Adder T 8 Y . . 1 Y d ears S Years . S Years 6 Years CorMed Losses reference Temp 75C 7tiC 75c 730 75C 'CertNW no bad losses, kW 15.50 16.08 ! 1760 13.24 2500 1 !C relied load Lwsea, kW 12 00 Ii 67 j 4000 62.91 54.30 Total bias, kW fa 28 MVA 57.50 10.62 ( 67".6"0" 00 788 S 79.30 1 r. :Total cooling requirements, kW 1.5 1.08 I 0 7 4.8 Impedance in % at 18 MVA is 7 7 7.8 7 6 Reactive Compensation Cost 52'9.250'00' 29 250 00 1 $26,26000 , $20.250 01 529 25000 $20,250,00 Guaranteed data of delivery 188 Days I In Window I 273 days 37-39 Wks 1822 Wks Equipment 8pectficationExceptions: i.. Load to CampBent E Corn plient { Compliant Compliant Compliant Tank top changer Non-Compliant! Compliant !NonComp9ant Non-Comp6ant No..n-0.om.pll andanl ant .Non-0o construction Nantamptlant 11 Comppant Non CompDen! Non Compll mpii 18.3 Experience Llst Compliant 1 Compliant t Compliant Compliant LNon CompOenl Vapor Phase Dryout Process Compliant I Comphant iNon~Compliant Compliant IJ "ori;Oik 130 8001 Cpn*n rtNiuta inchide p Aa-k Compllant Non-CanpiktM Non-CoI AuxE ul t nI*ant to f*,ant N C mpg nt nl / i r i t i ORDINANCE NO. _ 4 AN ORDINANCE ACCEPTING COMPETATIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 15/20125 MVA POWER TRANSFORMER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2408 - POWER TRANSFORMER AWARDED TO WAUKESHA ELECTRIC SYSTEM, DIVISION OF GENERAL SIGNAL POWER SYSTEMS, INC. IN THE AMOUNT OF $441,877). WHEREAS, the City has solicited, and received competitive sealed bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest respondent for the construction of the public works or improvements described in the bid invitation, and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive sealed bid for the construction of public works or improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBE$ CONTRACTOR AMOUNT 2408 Waukesha Electric System, Division $441,877 of General Signal Power Systems, Inc. SECTION 11. That the acceptance and approval of the above competitive sealed bid shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specifat 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 authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive sealed bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved < bids and authorized contracts executed pursuant thereto. Y r G t~ I I SECTION V. That this ordinance shall become effective immediately upon its passage and approval. I I I PASSED AND APPROVED this the day of.1999 I i - I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROD TY, CITY ATTORNEY BY: BID 2406 - CONTRACTUAL ORDINANCE I (jam; C L I i I Aoa*Na_ 99_048 AGENDA INFORMATION SHEET Apendaw9 De AGENDA DATE: November 2, 1999 Questions conceming this acquisition may be directed DEPARTMENT: Materials Management to Gary Matheson 349-7961 ACNI: Kathy DuBose, Fiscal and Municipal Services SUBJECT, AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF POLICE SEDANS; PROVIDING FOR TILE EXPENDITURE OF FUNDS THERFORE; AND PROVIDING AN EFFECTIVE DATE (INTERLOCAL AGREEMENT FILE 2428 - POLICE SEDANS TARRANT COUNTY INTERLOCAL AGREEMENT AWARDED TO LEE JARMON FORD IN THE AMOUNT OF $66,141.30). BACKGROUND: During the 1999)'00 budget development process the Police Department was authorized to replace three police patrol sedans. The three units are vehicle motor pool replacements for units purchased in 1994 and 1996. I RECON MENDATION: We recommend Purchase Order 00642 be approved to Lee Jarmon Ford in the amount of 566,141.30. ESTIMATF-D SCHEDULE OF PROJECT: The estimated delivery of these police sedans is approximately February 15, 2000. PRIOR ACIIONIKENTEW (Council. Boards. Commissions): The City Council approved an lnterlocal Agreement with Tarrant County on June 16, 1998 (98- 173). Tarrant County Commissioners Court approved the bids and awarded a contract to Lee Jarmon Ford on October 12,1999 (Bid No. 2000-005). FISCAL INFORMMATION: This acquisition will be funded from Motor Pool account (720-025-0584-9104). INTERLOCAL. AGREEMENT INFORMATION: An lnterlocal Agreement for Cooperative Purchasing was approved on June 16, 1998 with Tarrant County. The City of Denton joined a Metroplex Regional Coop for the purchase of Police Sedans headed by Tarrant County with the intention of pooling our buying power. Two counties and 13 cities ' combined to purchase approximately 273 vehicles. Bids were solicited from 33 qualified vendors and eight responded. I t u I f AGENDA INFORMATION SHEET NOVEMBER 2, 1999 PAGE2OF2 I Respectfully submitted: K'I~~ ill Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Purchase Order 00642 to Lee Tarmon Ford Attachment 2: Tabulation Sheet from Tarrant County (Bid 2000-005) Attachment 3: Price Sheet for Selected Options IMAMDA I Ij i ' i Irr\ F c- 0 PURCHASE ORDER NO: 00642 THIS IS A %XX This number must apper on WI CONFIRMING ORDER invoices, delivery slips, cases. OF MARKEll y tins" boxes. packing sups end bills. DO NOT DUPLICATE r~ Re% No, Bid Na FILE 2428 Detr. 10 20 99 Pape Na Ol CITY OF DENTON TEXAS PURChiASiNG DIVlS10N 1 901-8 TEXAS STREET 1 DENTON. TEXAS 76201-4364 9401349-7100 O/FVV METRO 817/267-0042 FAX 9401349-7302 114" LEE JARMON FORD Visit 6+e City of Demon's VVebsite H wwWcJ%Vcfdenl0nc0m JAME/ 1200 WEST CROSBY ROAD DELIVERY CONFIRMATION ONLY C14 10DRESS P.O. SOX 110098 ADDRESS FLEET SERVICES CARROLLTON TX 15011 804 TEXAS DEXTON, TX 76201 VENDOR NO. JAR49000 DELIVERY DIJOTEO 02 15 00 FOB DESTINATION BUYER TS TERMS "Ill Lm ~l 001 1.000 EA VENDOR CAT. / X / A MFO WANE 20,597.100 20,597.10 CITY 1 9100 POLICE SEDAN CROWN VICTORIA WITH THE LISTED OPTIONS 002 2.000 EA VENDOR CAT. 1 N / A MFG NAME 20,597.100 41,194.20 CITY 1 9100 POLICE SEDAN CROWN VICTORIA WITH LISTED OPTIONS 003 3.000 EA VENDOR CAT. 4 N / A MFG NAME 1,450.000 4,350.00 CITY 1 9100 EXTENDED WARRANTY 5-YEAR 75 K MILES P OE TOTAL i 66,141.30 OR ND TOTAL it 66,141.30 01 720 025 0584 9104 66,141.30 VEN006 G-T-mJCT10N5 .W..W---- 3. Tsrms • Net 30 aµ•,b a--A,u knots whit cwy. Z St«p~in1 Net ectlent T.OJk asdnetlen FreFe d sx,.., nano,. y.ux.~ wk log I SM1 I. B-6 M psln FPaaWbls B. No 1MeN M pHe well us sw fe IncWhd p s M ekes filled t BID NO. 2000-005 PURCHASE OF VEHICLES W/POLICE PACKAGE AWARD RECOMMENDATION:, VF.NDO C1wic is. On Stow Cm Tx Motors BU3 Utter a - --DBSCR1PrtON Chevrold Ford Ferri W tt Ctavrokl Ford Fort Pori Parcbase of Fall Sitt_Vebkle W/PO&4 Package, ~r - J - e_r S eci8catlon "A", for the Unit Price of. No 19,144.10 19,5"Ad NB NB 19,339.00 19,240.00 19,20g. ornotrs: 1 lira • Firatoaa SSW All 3euoo • Code 301 A NB 000 14/C NB NB N1C N/C N!C 2. liubt •Code64C No 26.000 27000 No. Pu 17.000 27.000R 26.000 Seats: _ - s. Cbth_Front Buchetv~Cldt Rnr -Coda ti _ NH- 0.00 N/C - NB NB S•tD INC.- N!C b. Cloth Frost BucketelVkyl Rea • Code I NB _ 56.00 31.00 No No 54,00 _ 56. 56.00 N c. Cloth Split Beach X14 Rear • Code F No 97.00 10.00 NB NB 10,00 71,00 10.00 d. Vinyl Split BCGWYl ioy[ Raw • Code R No - 0,00 NX NB No. Nl'C NIC N!C e. Paver Drivefe Seat • Code 210 310.00 311,00 NB No 321.00 311.00 J 311. \ 4. Audio: _ - i Ekctrooic TM-5i;SmdAFu a-Code 31H No 179.00 165.00 NB NB 165.00 160.00 163.00 NB - _b. Radio meioa Pect+ e:Code 62.00 No 61.00 60. 52. S3M ~ 5. 2•W Radio Pre•Wire -Code 946 NB 39.00 40,00 NO No 40 39.00 40,00 167-Lock BraldpS Syrtem • Code 552 , No 31600 334.00 Tin 516.00 !20.00 00 I f.DO 1300 13,00 13.00 7• 'Courtmty Lamp Disable • Code 471 NB 13. 4. De Fkcklid Releaseelase oa • Code 61 H NB -52.00 4.00 34,00 32. 160. wr CoHeaDu127 NB 22.00 23.00 23. 21. 23.00 bdoor MxA , Fraat sad Rea • Code 12H NB 47.00 49,00 49.00 47.00 49.00 I. L nmRj a WI o• Code 476 NH 3900 40.00 4000 31.00 40.00 NB NIC N!C N+C NIC N/C 13 Limbed 3Up twee 3d Code 45 F NB 92. I5.00 NB N>! 8S.00 13.00 t3.00 1 14. Loc Gu Code ISH No 34.00 35.00 NB No 31. 34.00 33.00 _ n I!. Molding Root I& foetal kd • Coda 96C NB NIC NX No NB NIC me NIC point Bodys 16. Seed Cootral • Code $25 _ No 1 t3.00 191.00 NB NB 191,00 115.00 111.00 11. S Luop Driver's Soda • Code • ! 18 No 10,00 _ NB NB 10.00 - 71.00 10.00 tt.spotLar._p?r~_Acta9!,Du►islde-Codaslz _NB~ 155.00 160.00 Ne _rrB _ 160.00 1s5.00 164,00 19. Spot Lamp,bWa a Scde • Code S 1A_ N8 146.00 134.00 NB N8 155.00 146. ---_14900 793. 29t D0 2 5 Lam ,tart • Coda ! 1Y 16 292.00 161.00 NB NB 302.00 C BID NO. 2000-005 PURCHASE OF VEHICLES w/POLICE PACKAGE _ AWARD RECOMME{VDA f7ON: - - VFRM C1.rk Aram omsp Plyton stow can TX Motors ail Utter llll8CIt3P7IDN Chevrolet Pcrd Ford w rim CYwrolrt Ford Ford fort 11. Street A Coda 60B ND 172.00 1711.00 M NE 171.00 1723175.00 i a Tw - 11. _ a Two•Taoe N! • Code 952 _ N8 717. 1000 NB Ni 40700 319.00 _ 395.00 _ b. 7Wo-Taoe N2 -Code 953 M 31700 400,00 M M 401.00 319.00 395.00 c.Two-7aneN3-Code 953 NB 317.0D 100,00 NB M 401.00 319. 347,00 d. S a1 paiol doer NB _ 590.00 500,00 M M 590.00 337.00 ` 795.00 23. Hester, !Nix Block lmmenba • Code 4111 No 21.00 23.00 NB _ M 13.00 ri. _ 13.00 24,-Fo L_Nu: ■_4 Natural Ou AutomaiC OD • Code 999441v M 5,101.00 5,417.00 M M MA 3,717.00 3,117, 00 b NUV Iiaten~,Tede • Code 65T _M 3.106.00 _ 3,106.00 M M N1A 1,641.00 3,106. e. California Emiuiou SYrkm • Code 122 M 0.00 xv NO M KC _ N7A NIC Armovebk 1leedlma wNual B<am M■p I smca t Sl --NB N!C _ DUC NB N8 -N IC X-C 1~C 26 Set of Shop, Saviu, ead Wires Maaualt - - r e.Prite~aSeto[Manuals NB _ 1730 - I50.00 M NB $00.00 i3S,00seebreetdowo i b Pi CO AOMSCoatamY all Ford Automodiki NB 200.00 1,400400 NB M 1,300.00 2,450.00 1,09S.OD I 71. Push Froat Burt 8 Lectric LiW Brand NB 195.00 162.31 NB NB -23000 135.00 223,00 `b. Buddy Hum Head M - M _ M NB ND 250.00 -15D.00 22300 M 195.0f, 154.19 NB- - M 25000 145.00 11000 i C1o Rhmo MWd 3036 _ d Go Rh 100 Mom 3036W NH 3170 134.27 NB NB 250.00 14000 i MOD f 21_Keys: I l.00 _ aThree (3) Sob M 2.00 10,00 Nm M 2.S N/C of Ke PerVehicle__ _ - Sala of Ke Pa Vehicle M 600 20. NB M 10.00 20. 00 b' - - M NIA 125.00 NO M N/A 90.00 79.00 ~ PEY'UL O1770A'S., _ - 1. paf/P' Radio Anomna Cable _ _ M 21.00 21.00 NB NB 21. 21.00 __24.00 2. PCQ SilieoO Fiona wlAMaell Clam~a M- 262.00 26200 Ni- M 261.00 25400 261.00 _ . 7, PCF: Alrastl Clem M 45.00 45,00 M M 43.00 M.00 _ 46 61.00 6L M M 61400 59.00 62. 4, I'W7; W ' Pre rool c e. I BID NO 220"5 PURCHASE OF VEHICLES W/POLICE PACKAGE AW-Aj RR-0MM RATION; - VM 4DO C7ude Jarrow Paywn now Car TX Moue iW Otter vmW D18CR1FiR0N C1weo1rl Ford Fad 1V Clwmm Ford Ford Fora ;ei I1. 11. 19.00 7p-WC Power Vmdm 6utro&A Mm Pia Bf8 1t,00 29.00 Ni 6. PRI: Radio Dek1e No 49.00 49.00 Ni Ni 49.00 "DO 41.00 i. PR3:1WReiaforo meat Ni _ 62, 62.00 NB Ni 62. 60. 61.00 1. PIP Rem, Door Lode andl{aodinkopadHa - NB - 18. 11. ?fi Ni 11.00 _ 11.00 11.00 SIM 9. PWA Roof Warm • No Hok fo Raot NB 32. _ 52. Ni N1 32. 31• 72,00 W. PW2 RooF Wirui$ • Hok is Aod NH 70. 70 00 N8 Ni 70. 61. 11. PWH: HomAirm I'" No 29.00 79.00 NH -Ns 29.00 24,M 19.00 l2, FI d- Kwd;Ahko Lock Sed NH 31, 34,00 NB _ No 34.00 D.00 33.00 i 3. PLN: Auxiliary Fun Slock No 41.00 4100 Ni Ni 42,00 41.00 ~ 44.00 Mind of Velkk; , NB 7000 F Fad Meta 00 NR hl 2D6O-fw-d 7000 F 2000 Fad Model Ni Crown Vk•PI P71 Crown Vic Ni uNi Gown Vic Crown Crown Ni 100 14.90 NB Ni 120 60.120 s as trrakdowo Lva3_----- - Ni 3YR36,000 3YR36,000 NB NE 3YR36,- 3 YR36 SYIL36 t S1D NO.2000-005 PURCHASE OF VEHICLES w/POLICE PACKAGE - AWARD RECOFWfENDAT10Nl - RE ~ - I Classic Jarroa P Sho+r ape TX Molon BBI Utkr Y p~ D ri S EkFrF1ON Cherrolat Ford Ford W Chevrolet Ford Ford Fart P_urchus of Mld 31se Ve>tlck wlpolke paeWt~e, - 1"s NB IYi NB per SpeclffeeNoo "A''~ for the UnNI Price cfs - 11,157.00 _ No No _ No orTroNS. Ni NB I. Seals p N!C Na a. Front Buckesa MlRea_Bench A11 ViaylfCade AR4 _ NrC No No __1.Slut-Code27N - _ NIC NB No NB xc NB NB f No - --s-k - c__ NB NB - Ni 'NC No No No E mtOak • Cods 67N NB ND No w _ NB NB NB Bucke4 wlRear Beech: All Clotb • Cade AR4_ "NB Ni Ni N!C No _ Ni bFr - S. Bhx • Cote 275 - Re - Ni NB NIC NB NB , No - Oa - - li. Oak • Code 67B - - s - No No NH NlC NB NS NB _cNisLicense Plate K34t • Code VK3 207.00 NB NB NH _ 206, NB NB Nil 3_ Guise Control • Code de K}4 i NB Ni 00 Ni 11.00 NB M_nt, Front Carpeted, Color ed • Code B3i 56 N No . Metse Reu Carpeted, Cola Keyed • Code B3S 36.00 - No B _ NB NB- 18.00 No NB a ResQaiat AP9 `i 26.00 --NW Ni NB iS 10 NB No NB NB 6, tJct: Carg in Trunk • Code - NB N1 No - - an • Code ULO 243. - No 1. Radio: : AM/FM Stare Cassette wSeekSc 750 .91 112, NS Na Nt 11110 NH Ni Ni_- 99-}lflex Tier FBlock n0 Size • Code Nil 110D Ni NB NB 17.20 Ni NB No . ealer _ ine Blak • Code KOS - PECULO_Pf~ONSt 1] - 50 Nf No Ni 00 1_ Caverio~ Rubber Floc • Cade 6A3 2. Haadks. Rear Doff taopaatfve • Code 6A2-~ 135_NH NB N! 12.90 NB Ni Ni _ I Hole to Roof, ON R' t of Ceoterlha • Code 667 1,1C - NB - NB - - g RIC - Ni Y/ Ni Ni No No No No 4. Hoie b Roof On R0t Side - Coda VJ NB - NB S. KeYr: Sinjfe ICeYrkm' Cade 6E2 - 6. Lam ;From Auxil' Dome • Code 6CT 5600 NB+ NB + Ni - S1.90 NB NB NB i NIC Ni NB+ No R -R ' No No 7. Lamp_I MIVI Dome • Code 7Y6 j7100 Ni - -KB Nth 171.00 NB_ r NB NB 6 LamQs Rear Winder Shdf • Code 6J6 - 9. I em Allenate Fluhia [rook Lld Code Ski 191,00 Ni - -NB N1 193.50 Ni ND -!YB - t: u ATTACHMENT 3 j BASE PRICE-4 DOOR SEDAN S19,t48.10 Cloth Front Bucket Seats/Vinyl Rear S 56.00 Power Driver Seat $ 310.00 AMIFM Stereo/Cassette $ 159.00 Radio Noise Suppression Package $ 60.00 Anti Lock Brake System S 516.00 Courtesy lamp Disable S 13.00 Floor Mats (Front and Rear) S 47.00 License Plate Bracket N/C Spot Lamp, Driver Site S 146.00 Removable Headliner with dual map light N/C 't'hree sets of keys per vehicle $ 2.00 l Power Window - Driver Control Only S 18.00 Roof Reinforcement S 62.00 Rear Door Locks and Handles Inoperative S 18.00 Auxiliary Fuse Box S 42.00 TOTAL $1,449.00 Extended Warranty - 5 Year 75,000 Miles $1,450.00 i r' At i U c ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY w'P.Y OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF POLICE SEDANS; PROV[DINO FOR THE EXPENDITURE OF FUNDS THERFORE; AND PROVIDING AN EFFECTIVE DATE (INTERLOCAL AGREEMENT FILE 2428 - POLICE SEDANS TARRANT COUNTY INTERLOCAL AGREEMENT AWARDED TO LEE ]ARMON FORD IN THE AMOUNT OF $66,141.30). WHEREAS, pursuant to Ordinance 95-175, Tarrant County, Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedure of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Tarrant County Cooperative Purchasing programs at less cost than the City would expend if bidding these items irdividually; tnd WHEREAS, the City Council has provided in the Lity Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent are hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE ORDE VENDOR AMOUN 00642 LEE IARMON FORD $66,141,30 SECTION 11. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to Tarrant County for such items and agrees to purchase the materiels, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and rot the specified sums contained in the bid documents and related documents filed with Tarrant County (Bid 2000-005), and the purchase orders A, issued by the City. 1 r, I SECTION 11I. That should the City and persona submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Tarrant County, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Tarrant County, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and li accepted. SECTION IV. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION Y. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 00641 INTERLOCALCOOPERATIVEPURCHASINOORDtNANCE 11.49 iA, C t' ~ r \ t t ApaadA Htt ; A0911~ um- AGENDA INFORMATION SHEET 0 it. AGENDA DATE: November 2, 1994 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Eva Poole 349.7735 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT: AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF SOFTWARE AND HARDWARE MAINTENANCE FOR AMERITECH LIBRARY SOFTWARE WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 00251 TO AMERITECH LIBRARY SERVICES IN THE AMOUNT OF $26,570.72) BACKGROUND: Ibis purchase order is for the annual maintenance contract for the hardware and software associated with the library management software used by the Denton Public Library. RECOMMENDATION: We recommend Purchase Order 00251 be approved to Ameritech Library Services in the amount of $26,370.72. ESTIMATED SCHEDIT.E OF PROJECT: This agreement for maintenance of the software, hardware and licenses is for the time period of October I, 1999 through September 30, 2000. FISCAL INFORMATION: Funding for this maintenance agreement is available in the 1999100 Librarybudget account (100.033-0070-9301). PURCHASE ORDER INFORMATION: this purchase order is for an annual agreement to provide maintenance for the Ameritech Library Services Software. The agreement includes assistance in year 2000 compliance, software updates, trouble shooting of the system and any changes or corrections to existing software. Ameritech Library Services is the sole provider of the maintenance service. The scquisitioa is J the. efare exempt from the bid process Chanter 252 Texas Local Government Code. A r: c.~ i i 4 AGENDA INFORMATION SHEET NOVEMBER 2,1999 PAGE 2 OF 2 Respectfully submitted: Tom Shaw, C.P.M., 349.7100 Purchasing Agent Attachment l: Purchase Order 00251 to Ameritech Library Services Attachment 2: Invoice from Ameritech Library Services 1211. AGENDA f I i I l I c PURCHASE ORDER NO. 00251 THIS IS A This number must appear on all CditRMINO ORDER invoices, delivery slips, cases, OF MARKED) ctms., boxes, packing slips and bats. DO NOT DUPLICATE Req. No: Bid Na Datk 10 04 99 Page No 01 y CITY OF DENTON TEXAS PURCHASING IkVISION 1 901-8 TEXAS STREET 1 DENTON. TEXAS 76201-4354 1 9401349-7100 0/FW METRO 8171267-0042 FAX 9401149-7302 ENOOR AMERITECH LIBRARY SERVICES Visit the City of Denton's Website of Www.cityofdentoncom AME/ 400 DYNIX DRIVE DELIVERY LIBRARY S03 t' I 00RESS P.O. BOX 19010 ADDRESS PROVO UT 64605 502 OAKLAND ST DENTON, TX 76201 JENNIFER LUND EXT 5825 VENDOR NM ANS75000 DELIVERY OUOTED 11 01 99 FOB DESTINATION BUYER TS TERMS L p J01 13747.360 $S VENDOR CAT. 4 N / A MFG NAME 1.000 13,747.36 CITY 4 8100 80FTWARE STANDARD MAINTENANCE 102 307.200 54 VENDOR CAT. 4 N / A MFG NAME 1.000 307.20 CITY 4 8100 CPU HARDIIARD ON SITE MAINTENANCE j J03 3908.040 IS VENDOR CAT. 4 N / A MFG NAME 1.000 31908.04 CITY 4 8100 DYNIX TMP MAINTENANCE 304 6008.120 SS VENDOR CAT. 4 N / A MFO "AXE 1.000 6,008.12 CITY 4 8100 DYNIX 60/40 PERIPHERAL MAINTENANCE P O6 TOTAL f 23,970.72 r v aENIXIR INSIAW10114 1. Terms - lost 34 aw•• "•~•uk 1~,l I Sand WIDOW invoice with IWbuq con 4. ShipiviM Instructenk F06 Destineriso Preppae~d l i. whm-.• u,w„l 7 Bill to • Auwnts Peyel f. No lederal so two pales us Sul if kludel 111 S. llcl KV I It in Rica timed • Domsn, TIt 78101 4101 a I PURCHASE ORDER NO: 00251 THIS IS A This number must IMM on at CONFIRMING DROER invoices, delivery sln cases, (IF MARKEOI um, boxes, pecking cups and bins. DO NOT DUPLICATE leq. No, Bid No: Doti. 10 04 99 Pepe No. 02 XAS CITY PURCHASING DWISPON / 901 01a DENS AONT /TEOENTOR TEXAS 16201-4354 9401349-7100 WFW METRO 8171267-0042 FAX 9401349-7302 NDOR AMERITECH LIBRARY SERVICES Visit Ow Crty of Dentods Website tl www,Ntyofdentoncom 1ME/ 400 DYNIX DRIVE DELIVERY LIBRARY S03 )DRESS P.O. BOX 19010 ADDRESS PROVO UT 84605 502 OAKLAND ST DENTON, TX 16201 JENNIFER LUND EXT 5825 VENDOR NO. AM675000 DEUIVERY OllOTEO 11 01 99 FOB DESTINATION WAR TO TERMS -Im 105 2600.000 86 VENDOR CAT. / N / A MFG NAME 1.000 211600.00 CITY / 8100 7 OX STANDARD MAINTENANCE P OB TOTAL f 211600.00 OR ND TOTAL s 26,570.72 01 100 033 0070 8301 26,570.72 k1tD011 WSiRUCTtON6 ~ 1 Terms Net III Ww .en.nm r..a,.u srel U1014 le,elee wit "IAMB con] 4. W00114 MHVaClina 1 D 5 Desil ian papeil 0.14.6 , M..i.u Bill le • Attwnts Pey4614 4. No feserel w tote files us $"I be k ~de4 III E. sAcWMer 1s in FrkH finel ^g Dho4w Denton, fm 7170t•4I11 4ATTACHMENT 2 ' Ori inskl r"'°k.. M091006 } en1e& INVOICE h Dab. ADOW31.1 ofl910 1AMy 0WT%u tea Pbao Rank To: C1ntww No: 166 Anwwkwh LInj SerAo" P.O. BOX 06391 PaymMt Tarr Not 30 Chicep IL WW-3301 D"' DOW 9.aamaw 10,1989 Unird State l t y~ { P0 N V f Por. a.eana: For W*V a+«uar, pkwy at DMDspa W* tA=Lbc" P"ok~ls ornrI F Raft (A00) 2366040 W 6006 W2 OsWwW $W9 Dadton TX 76201 Unbd Scats RE Mokdtnw4o 01 Oct 99 - 30 Sap OD lAro '~°A Omm" uoM UmkAool NAAmowt ftMdW "i i ' 1.00 a ~i. ,747.3 1doMdu~riao my P«kt 01 Oct 00 - 30 Bop 00 t CPU Nordrno ondb kf,14 1.00 FA 10320 3020 Yleidr+n0 ■ v he&* 01 od 90 .30 Sep 00 3 Dynk Tmp - - is 1.00 EA 0,000.3 MWMWWM NN Poled o: od p .30 Sop Do md.a I Dynk 00M0 Polphnel MOW 1.00 EA I,00&12 0,00012 -I - -e "N Poled: 01 od a • 30 Sop 00 ' 0 08 1, , ,uI „ 1,00 EA ;o00.on 11wo,00 Msh ft"Wo "hV Polled 01 Od 00 .30 Sop 00 Subtow: 20,576.72 AMOUNT DU[: upeTf US ug { i t• ORDINANCE NO. i AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF SOFTWARE AND HARDWARE MAINTENANCE FOR AMERITECH LIBRARY SOFTWARE WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 00251 TO AMERITECH LIBRARY SERVICES IN THE AMOUNT OF $26,570.72) WHEREAS, Section 252.022 of the Local Goverment Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTIONI. That the following purchase of materials, equipment or supplies, as described in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: PURCHASE ORDER VENDOR AMOUNT 00251 AMERITECH LIBRARY SERVICES $26,570.72 SECTION If. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department SECTION III. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant Al r. to said contracts is hereby authorized. / c 1 SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. I 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 BY: DOTS 1-SOLE SOURCE r r I I ~ I L I t c i 4woda No.-!9. ape~Ma Rom 7 AGENDA INFORMATION SHEET i~ AGENDA DATE: November 2, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Materials Maintenance to Carla Romine 349.8344 i ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECFt AN ORDINANCE PROVIDING OF THE EXPENDITURE OF FUNDS FOR PURCHASE OF MATERIALS, SUPPLIES OR SERVICES FOR THE PURPOSE OF PRESENTING THE SEVEN HABITS OF HIGHLY EFFECTIVE PEOPLE TRAININO WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 00271 TO FRANKLIN COVEY 1N THE AMOUNT OF $50,952). BACKGROIND: The "Seven Habits of Highly Effective People" training was implemented in November of 1995. The 1999100 budget or $50,952 will allow for approximately seven, three-day workshops, nine introduction workr':ops and the training of approximately three hundred and forty City of Denton emp:oyees. This is a continuation of the five-year plan to extend this leadership training to all City of Denton employees. ESTIMATED SCHEDULE OF PROD CTi Training will be scheduled on a monthly basis with approximately 20 employees in each workshop and 25 employees in each introduction workshop. FISCAL INFO1011ATION: Funds for this training are available in the 1999100 budget account: 0 105.1051.9300.8623 S 9,240 o 620.081-04SM-8623 S 7,392 • 625-082-0451 NI-8623 S 5,016 a 630-024.080M-8623 S 4,731, a 100-041-020M-8591 524.552 TOTAL 550,952 PURCHASE ORDER 1NFOR,NIATION: This purchase order is for the acquisition of profiles, manuals and freight charge for the "Seven Habits of Effective People" leadership training. This is a sole source purchase, available only i ' from Franklin Covey and protected by copyright. Purchases of this nature are exempt from f the coripetitive bid process as pet C,h9oter 232 of the Texas Local Government Code. We reec•nmend approval of Purchase Order 00271 to Franklin Covey in the amount of 550,952. l t t AGENDA INFORMATION SHEET NOVEMBER 2,1999 PAGE 2 OF 2 Respectfully submitted: Tom Shaw, C.P.M., 349.7100 Purchasing Agent Attachment 1: Purchase Order 00271 to Franklin Covey 1285 AGENDA i i r I i - - 1., 0 I III I I PURCHASE ORDER NO: 00271 I M O O KKK CONfIRIN ORDER This numbar must appear on all (IF MARKED) Invoices, delivery slips, cases, clns, boxes, pr-king slips and bills. DO NOT DUPLICATE Y Rea. No: Bid Nor Date 10 15 99 Pop No. 01 CITY OF_ DENTON TEXAS TEXAS ~ TEXAS PlP 940!349-I7100N DIFVV METRO 917/267-0042N FAX S D 149-7302 4354 /ENDOR FRANKLIN COVEY Vut the City of Denlons Webelle art wvbw.eltyoldenton. corm JAMS/ P 0 BOK 19008 DEUVERY CONFIRMATION ONLY C12 ADDRESS HUNAN RESOURCES (PERSONNEL) 1DORESS 601 E HICKORY 8T SUITE A PROVO UT 84605-9425 DENTON, TX 76205 ATTNt CUSTOMER SERVICE VENDOR NO. COV15000 DELIVERY QUOTED 09 30 00 FOB DESTINATION BUYER T8 TERMS 001 9240.000 1111 VENDOR CAT. 1 N / A MFG KANE 1.000 9t240.CD , CITY 1 8600 FRANKLIN/COVEY 7 HABIT WORKSHOP MATERIALS 002 7392.000 A4 VENDOR CAT. I N / A MFG MAKE 1.000 70392.00 CITY 18600 FRANKLIN/COVEY 7 HABIT wc%r4sHOP MATERIALS 003 5016.000 16 VENDOR CAT. I N / A MFG NAME 1.000 50016.00 CITY 1 0600 FRANKLIN/COVEY 7 HABIT WORKSHOP MATERIALS 004 4752.000 61 VENDOR CAT. I N / A MFG NAME 1.000 4v752.00 CITY 4 8600 FRANKLIN/COVEY 7 HABIT WORKSHOP MATERIALS P GE TOTAL t 260400.00 r ?arms YENDOA INSIAUC1 10N £ I. .nn. ship in • Not ft 10 ) 10 Will 1 Wro. .0.6 D'u "mordt 1 Send telling Itlvfae with #4bws eepjb eltinttlan pe it Will Mn.i.. 4..m.U I Bill N Account ldcl(ys60t It ! in federal r dde plat Lx 0811 It Mcudel Grp srpn In prices st NI41 Dehtea 1X 71MI.41l1 . 1 I 1 IM w is PURCHASE ORDER N0 00271 CONFIRMING s This number mutt Appear on 191 (IF MARKI Invoices, delivery dips, Cnn, DO NOT DUPLICATE Clot, boxes, picking dips nd bills. j Req. No: Bid Na Ode•. 10 15 99 Ppe No. 02 1i CITY OF DENTON TEXAS PURCKA504 DIVISION 190 1 -8 TEXAS STREET I DENTOfl TEXAS 76201-4364 9401349-7100 DIFVV METRO 8171267-0042 FAX 9401349-7303 'ENDOR FRANKLIN COVEY VISA the city of Wntoris Wabslte m vwvw.eltyoldentomcom TAME/ P 0 Box 19008 OELIVERY CONFIRMATION ONLY C12 ADDRESS HUMAN R680URCBE (PERSONNEL) IDDRESS PROVO UT 84605-9925 601 E HICKORY 8T SUITE A DENTONr TX 76205 ATTNI CUSTOMER SERVICE VENIM NO, COV13000 DELIVERY DUOTEO 09 30 00 FOB DESTINATION BUYER T8 TERMS 005 22552.000 00 VENDOR CAT. t N / A KFO NAME 1.000 22rSS2.00 CITY A 6500 FRANKLIK/COVEY 7 HABIT WORKS-:OP MATERIALS ' 006 2000.000 61 VENDOR CAT. 4 x / A MFO MANE 1.000 2/000.OO CITY 1 8500 SHIPPING 1 i P 02 TOTAL I 24,552.00 OR NO TOTAL I SO1952.00 C 01 610 105 1051 9300 8623 9x240.00 71392.00 02 620 081 450M 8623 8,016.00 03 625 082 4SIM 8623 41762.00 04 630 024 DOOM 6623 241552.00 05 100 041 020M 8591 VEN006 NYSTIIVCTION& I form - Net 30 w.ll.n...hl ""A") ~ 1. tend srldhwl "to YriA tow" eqY~ 4. ShiFpiM InsVretie" 1.00 Onlihi Frl/sN "it 1".40 rr..M.J ~ 1. bill to - Acessonts K~N I. No faNrd or two U A as OW be InElu1N rI L MCr e Purchn" I It In Mksl tills/ Ibntsn. fill f 11 1111 rI ~I i I I s ORDINANCE NO. AN ORDINANCE PROVIDING OF TTIE EXPENDITURE OF FUNDS FOR PURCHASE OF MATERIALS, SUPPLIES OR SERVICES FOR THE PURPOSE OF PRESENTING TILE SEVEN HABITS OF HIGHLY EFFECTIVE PEOPLE TRAINING WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 00271 TO FRANKLIN COVEY IN THE AMOUNT OF $50,952). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement pans or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF TIM CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following purchase of materials, equipment or supplies, as described In the "Pur;hase Orders" listed hereon, and on file in the office of tha Purchasing Agent, are hereby approved: PURCHASE QR$ VENDO AM LINT 00271 FRANKLIN COVEY $50,932 SECTION IL That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. C.EC'TIQDJ Ill. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to uid contracts is hereby authorized. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. Ct1 I 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 BY: 00271-SOLE SOURCE J, A& !r li Mad C _ w. Age"dit, Item AGENDA INFORAfAT10N SKEET nail.. . AGENDA DATE: November 2,1999 Questions concerning this acquisition may be directed Dr.PARTMENT: Materials Management to Alex Pettit 349.8595 ACM: Kathy Dubose, Fiscal and Municipal Services SUBJECTr AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR IIIF PURCHASE OF CELLULAR DIGITAL TELEPHONE SERVICE AVAILABLE FROM ONE SOURCE IN ACCORDANCE WITH 111E PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF CONIPETII'IVE BIDS; AND PROVIDINO AN EFFECTIVE DATE (PURCH',iE ORDER 00273 • AT&T WIRELESS IN T11E AMOUNT OF S50,33232). BACKGROUND: AT&T Wireless Is the only supplier of cellular Digital Packet Data (CDPD) service in our area. CDPD is the service required for proper operation of the public safety mobile data computers installed in out emergency and public safety Heel. CDPD extends to us a fixed flat rate fee, dedicated public safety channel, and a guarantee o(93 percent or better data transmission. RECONINIENDAI1ON* We recommend Purchase Order 00275 for cellular digital service from Al&T Wireless be approved in E the amount of 550,33132. ESTIf1LATED SCHEDULE OF PROJECTI Ibis is an ongoing project for the 1999.2000 budget year. FISCAL INFOMIATIONi This CDPD service will be fundcd from operating budget account for Telephone Services (770-044-0080 8501). PURCHASE ORDER INFORMATION: This Purchase Order is for the annual acquisition of cellular digital phone services for the Mobile Data Computers (MDC) installed in our emergency and public safety fleet. AT&T Wireless is the only source for CDPD service in this area. The monthly charge for this service is $4,194.36. Respectfully submitted: r~ Tom Shaw, C.P.M., 349.7100 Purchasing Agent Attachment 1; Purchase Order 00273 to AT&T Wireless 1297 AGENDA n THIS PURCHASE ORDER N0; 00275 IAM 15 A This number rwsl *Pow am all COFFIRM ORDER imalcss. delverY 1106, CaM. OF MAAKEI?) ctms., boxes. 0acili slips and bills. DO NOT DUPLICATE Rea No' Bid Nor Ddb 10 14 99 Pape Na 01 CITY OF DENTON TEXAS PURCHASING DIVISION 1 901-13 TEItAS STREET I DENTOR TEXAS 76201-4354 9401349-7100 DIFW METRO 11171267-0042 FAX 9401349-7302 ANDOR AT&T WIRELESS SERVICES V1sit the City of Denton',, WebNU d Www41ty0ldentone0m H 4AME/ 10230 WE POINTS DRIVE DELIVERY CENTRAL RCC91YING 811 ADDRESS TECHNOLOOT SERVICES ADDRESS KIRKLAND WA 98033-7869 901 8 TEXAB ST DENTON,, TX 76201 VENOM NO, ATT624DD DELIVERY OIIOTEO 11 15 99 FOB DESTINATION BUYER TO Tv-11111M1,, 001 50332.320 66 VENDOR CAT. 1 N / A Mrd NAME 14000 50,,332.32 d CITY 0 8500 MONTHLY DATA SERVICE CHARGES (ACCT 110027498) ' PHASE I & 31 MDC'S P 0E TOTAL s 50,,332.32, OR ND TOTAL s 50,,332.121 G. 01 770 044 0080 8501 $0,,332.32 i _ _ A" INSIRUCT n 1. leans 'Nat 10 e^xr' M.tin. N1M4U I Iml i(Iii M*11ce with M~1 bMY 1. IMpppinl InstruchMk F O I. D11SiMtIM Ns~1ssII4 mid M'me' *10%#J 16ill to - Accseen PrAld 1. Na lsdarll br lima Wei us sw Is IesteNF e 1 216 E McKka11 It In Prkes 1101& Dow. Tk 16261.421! a u I ill I CRDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF CELLULAR DIGITAL TELEPHONE SERVICE AVAM ABLE FROM ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 00275 • AT&T WIRELESS IN THE AMOUNT OF $50,332.32). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available fruin one source, including; items that are only available from one source because of I patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, I mater and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, TIIE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the following purchase of materials, equipment or supplies, as described in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: i PURCHASE ORDER yENDOg AM41aIT i 00273 AT&T WIRELESS $50,332.32 SEQUQN II, That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 111. That the City Manager Is hereby authorized to execute any contracts relating to the items specified In Section I and the expenditure of funds pursuant to said contracts is hereby authorized. j SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. 4 PASSED AND APPROVED this the day of 1949. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: FIERP'LRT L, PROUTY, CITY ATTORNEY BY: _ PC 00273 ORDINANCE 1 t t~ . I III III Agenda No-7 qlhu 0? IL AM___ / AGENDA INFORMATION SHEET AGENDA DATE: November 2, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Howard Martin 349.7194 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECTo AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE 1999 QUARTERLY PAYMENTS BY THE CITY OF DENTON FOR A SOLID WASTE FERMST FEE CALCULATED AT 3.5 % OF REFUSE COLLECTION FEES TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 00277 TO TEXAS NATURAL RESOURCE CONSERVATION COMMISSION QNRCC) IN THE AMOUNT OF $130,000), BACKGROUND: A 3.5% additional charge is applied to our refuse collection rates to offset this fee payment to the TNRCC. The amount is calculated by a formula based upon the number of tons of solid waste received in our landfill during the specific quarterly time period, ESTIMATED SCHEDULE OF PROJECT: Purchaser Order 00277 to the TNRCC is for the estimated annual payments of the 1999/00 TNRCC Solid Waste Fecs. Actual payments will be made from invoices to be received on a quarterly basis. FISCAL. INFORMATION: Funds are available from account (630-024.0803 6992). PURCHASE ORDER INFORMATION We recommend Purchase Order 00277 to the TNRCC be approved in the amount of $130,000, Respectfully submitted: Tom Shaw, C.P.M., 349.7100 Purchasing Agent Attachment L Purchase Order 09277 to TNRCC 1286 AGENDA {III 0 u ' AXX PURCHASE ORDER NO: 00Z 7 Mill N M IDWIRM114B ORDER This number must appear on an OF MARNEM invoices, delivery slips, cases. 00 NOT DUPLICATE tins, boxet, packing flips nd bins Gate 10 14 99 Page Na 01 Rea No: Bid No: CITY OF DENTON TEXAS "CMASING OfVISION 1 901-8 TEXAS STREET I DENTON. TEXAS 762011-4364 9401349-7100 D/FW METRO Bt71267-0042 FAX 9401349-7302 N 11NOOR T . N . R . C . C . Visit the City of Oenton's VVebslte at www.cltyoldeMOncOm DAME/ P.O. SOX 13089 DELIVTRY CONFIRMATION ONLY C49 ADDRESS SOLID WASTE (LANDFILL) >DORFSS AUSTIN TX 78771-3089 1100 NAYMILL DENTON TX 96208 VENDOR NO. TNR49000 DELIVERY 0110TE0 09 30 00 FOS DISTIMATION WYER TS TERMS 001 130000.000 08 VENDOR CAT. 1 M / A MFG NAME 1.000 1300000.00 CITY i 6900 SOLID WASTE FES FOR 1ST, 2111100 3RD, i 4TH QUARTERS i 1 i PION TOTAL 1 130,000.00 GRIND TOTAL s 1300000.00 C. J 01 630 024 0803 3982 1300000.00 J ,~J l 1 I ►~rypOA 111141#4 1'"t 1 Terms • Net 10 w.u .w.h. q,.iMat { 1eM 4rigMal Ineske 4NA /fffOYN e1/f• 4. IklioiiM Imtruetle t 11.0,1. Destination R W*1 so 0 q..auef L IIR a Acsw tj Fq dAe 1. Ne fa4ataf of state lain ux that be Ins e1 c son I11 E. bills y (t ` in srkas billet DeMeiL;TII f1291~1111,,,.,...,_. r_ 1 III ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE 1494 QUARTERLY PAYMENTS BY THE CITY OF DENTON FOR A SOLID WASTE PE RMIT FEE CALCULATcD AT 3.5 % OF REFUSE OOLLECTION FEES TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 00277 TO TEXAS NATURAL RESOURCE CONSERVATION COMMISSIO' (TNRCC) IN THE AMOUNT OF S 130,000). WHEREAS, in order to comply with the contract commitment to Texas Nattwal Resource Conservation Commission (TNRCC), the City of Denton is required to pay Solid Waste Permit Fee; and WHEREAS, the City Manager has reviewed and recommended that the Cotncil approve and ` authorize the payment of such fees; NOW, THEREFORE, f THE COUNCIL OF 111E CITY OF DENTON HEREBY ORDAINS: SECTION I. That the expenditure of funds in the amount of $130,000 to be paid to Texas Natural Resource Conservation Commission (TNRCC) is hereby authorized. LION IL That this ordinance shall become effective immediately upon iu passage and approval. I PASSED AND APPROVED this the day or 1949. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Y. APPROVED AS TO LEGAL FORM: HERBERT L. PROM, CITY ATTORNEY BY: SOt.1D WASTE TFEW D0271.ORDINANC£ A~„ r c r< ~ C I AQmdo No.J-v fw AGENDA INFORMATION SHEET Awdaltem 0314_..../.1703 - AGENDA DATEt November 2,1999 Questions concerning this acquisition m,y be directed DEPARTMENTt Materials Management to Sharon Mays 349-8487 ACM: Kathy DuBose, Fiscal and Municipal Services' SUBJECT: AN ORDIVANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AUTOMATED METER READING TRANSMITTERS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITTI THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 00665 TO TEJAS UTILITY SERVICES IN THE AMOUNT OF $110,320), BACKGROUND: In August of 1996 the Electric Meter Reading Division of the Denton Municipal Electric Department initiated a pilot program to evaluate the feasibility of remote reading of electric meter, The program has proven to be successful and is being expanded by an addition 2000 meters. REC NIMENDATION: W: :.commend Purchase Order 00665 to Tejas Utility Services for 2000 "Turtle" transmitters be approved in the amount of SI 10,320, ESTIMATED SCHEDULE OF PROJECT: Delivery is scheduled for the first week in December 1999, installation will be over a six to nine month period FISCAL, INFOMIATION: This purchase will be funded from Warehouse Inventory Working Capital account (710-043.0582.8701) and recharged to the using department as the transmitter as installed. PURCHASE ORDER INFQAH}710N: This purchase order is for the sole source acquisition of remate electric meter reading transmitter or "Turtles", Theses transmitters allow for electronic meter reading through power lines, thereby reducing cost of service, eliminate human error, report tampering and po ver outages and reduce the cost of reading meters. Single Source acquisitions for items available from only one source an, exempt from the competitive bid process as per Chanter 252 Texas Local Ooyerriment Code. , I I I I i i i ~ I AGENDA INFORMATION SHEET NOVEMBER 2, 1999 PAGE 2 OF 2 i { Respectfully submitted: Tom Stow, C,P.M„ 349.7100 Purchasing Agent Attachment 1: Purchase Order 00665 to Tejas Utility Services Attachment 2: Sole Source Verification Attachment 3; Quotation from Tejas Utility Services 1289 AGENDA / I +G THIS IS A LNXx PURCHASE ORDER NO. 00665 CONFIRMING ORDER This number nwsk eppesr on ell OF MARKEM OvOiCee. delivery slips, ewes, One, boxes, picking dips and bills. DO NOT DUPLICATE DRS 10 14 99 Page No. 01 pey Nor 6'd NICK CITY OF DENTON TEXAS " PURCHASNO DIVIStON 1 901-8 TEXAS BTREE1f I DENTON, TEXAS 78201-4354 9401349-7100 DIFW METRO 9171287-0042 FAX 9401349-7302 'ENDOR WAS UTILITY SERVICES Visit the City of Denton's Webelle M w eltyofdenlonaom IAME/ 8140 BURNET AD DELIVERY CONFIRMATION ONLY C02 iDRESS SUITE 135 ADDRESS CITY OF DENTON WAREHOUSE AUSTIN Tx 18757-7199 DO NOT DUPLICATE BRISTON JONES M9D9 xUST FCCOMPANT SHIPMENT VENDOR NO, TEJ49050 DELIVERY OUDTFD 10 30 99 FOB DESTINATION BUYER DH TERMS 001 777 VENDOR . A N / A PTO NAx6 55.160 1101,320.00 8561500 500 , TURTLE E SOURCE FOR COUNCIL APPROVAL NOV 21, 1999 i P GS TOTAL t 110,320.00 OR 110 TOTAL 1 110020.00 Q 01 710 043 0582 1101,320.00 I E YINDOR MSiFiILIIONS 1. TIIm1 • Net 10 u k" .Mr-160 vwtl`•el S SeM fyylM IyrMke MNA IrlAMll leW~ 4. SNpily milluellelit Fa& OelliMlen'rowl u+.rs .0U4e wsoW 1 411 11 - 11=11kx b 1. he frNrel w Itnl Well u1, tnNl le NxIuN1 eon le Frke1 billed P. I TAI 11m1 Itl1 1 C~ i ATTACHMENT 2 low" R~y Ili 1s Decambec t99g Deoioo Hwpoot, Purchaatng Msmgot City of Deoft Tw" 901-A Tear Street Deatoo, Texan 74101 Fax: 940349.7302 Dew Ms. Haepool, As the slab tspasoootttive fat Hunt Ticbnotogies 12 Tawo Bwaos Savim Coopaeative, Inc., doing bnbmm r To* Utility 9oavioss, invitee tics City at Dwtan to request quota raid oomnoaooe budotee rolwd bo Hunt's predtteb *rmo out odlaee. We act m dw Tear seat by accepting oada s, pis thorn v sod kespbag a group of bases wp &w to omtue buyers' strength within Taw lbt all HM pwcbawe. Sime October 1 of this yea, out oooperativa have pucchssed mote tban 34,000 Angle- phwTfxtla. Sbould you have any ques iout, plow do trot hesitates to ooaowi me. 1 bm had the pleasure of getting to know Jock RW wdroa 6m*h Turtle Tech cad od w madngs, and we took forward to glvlag your office supwiat service. Sincerely, Bridtaa. D. JoneW Head Copy to fo11oW. BfIO9umorAotd SLIM 19b Autl late! 7B75f7199 FdY 4f 9jomlS.t'4 4 VMLAAN ATTACHMENT S YTNJTYSiRV1CiS August 17, 1949 Jack Rkhwdson, Foreman City of Denton 901 •A Tear; Select Demon, TX 76201 Dear Nr. 0.lchadtoa: Tejo and Huts Technologies, Inc, wLm to oft you the bast W "W" foe NU Tur" deploymax. Blow you will ford pricing Wed upon your Individual utility's coca tome to ow poww lire caMa bored AA4t. Tbo* War difecuna will rewh bred on to purehaws of taw emhs Tejas pwcboing potip, taw fbllowing hKentim offw hwoadim rewb for your of co: • M161E SLYGLI FEE TWIlI IIT US-for my utility wino mends to deploy sir glo-Owe Tw" uraaittets on the rewb a oft eir d1wtKAlon network and VAR commit to receive a mW mrn of V3 of dws quantity before Da mbw 31,1999. • SS.1AM 824GLE PRA81 TWAN11014MITOR5- tee any utility who Intends to deploy singlapMw Ttrr" haaaninm oa the remait" of their dlsbibutim natrtotk and will coauait to fw sk a mhdmaa of 2/3 of that qun ty befure December 11,1999, • 2114 WIC 1XTLRNAL TRAMA[ti ITM (7 OU l1SASLy- for any uglily who W nds to dspby atastoal TnrtleR traromitlas oe the ntoaleder of dwk IpPllaabie dift-budoa network end vril! Commit eo teeaive a m4dmum of l/3 of dwt qumbty before Deoember 31, 1999. • 5110./0/1 LXTLRNAL TRANSWrrILM (TWt)tl MA0 for my Willy wbo lateads to deploy eumrael 11rdao eraat,ninwt m taw nwAk der of their apptx4le di ttributim wtwodt and will commit to teaive a minimme o(2/3 of that quau y More December 31, 1999. • 1N,0WAK STANDARD RUTAT1ON RItC1t1WWfor say utility *0 Intends to deploy staodad tubst aloe tueelvers 06 do netalndaf of their dimiln ion f substatiooVmeeaittg polah aad win oommk to reeety a minimum of 14 of this quantity ' before December 31,1999. • 517!0.00/!: STANDARD PAWAT1ON R1C11V06-for and utility the inionde to deploy mndud substation reeeivem on do tam -Aef of their distribution tutmafionaltaetwing polm and will commit to welve a mkdmum of all of dda qum ty 1 before Decembw 11,1999. ••Odot ever ta mdr•a pta n Oaolr t!, H!e t• Should you haw arty quostlotu would like to plwo an ordw, or would like ftudw Infoanation on my product, please do not hesitate to contact nw v.1.600.632.976$. Sincerely, &hmn D, /ones / P. 0? Bat 2747 Ge Otawn, 7exdf •'1(627.2747 f104df1-f7df ran: it 21H-s62f www' 10jasuffBfyaeevina. cons t 1 t. I~ i~ ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AUTOMATED METER READING TRANSMITTERS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDN3 AN EFFECTIVE DATE (PURCHASE ORDER 00665 TO TEJAS UTILITY SERVICES IN THE AMOUNT OF $110,320). WHEREAS, Section 252.022 of the Local Gover=ent Code provides that procurement of items that are only available from one source, including; items that we only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. "at the rollowing purchase of materials, equipment or supplies, as described in the "Purchase Orden" listed hereon, and on file In the office of the Purchasing Agent, are hereby approved: PURCHASE ORDER VENDOR AMO 00665 TFJAS UTILITY SERVICES $110,320 SECTION 11, That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing DepartmenL SECTION 111. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION IV. 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 WALTERS, CITY SECRETARY BY: r APPROVED AS TO LEGAL FORM: HERBERT L. PROM, CITY ATTORNEY BY: OWS-SOLE SOURCE 1 c ~Otl11Yi IJe.... ?Lea- AGENDA INFORMATION SHEET Agenda Itam Date h17 AGENDA DATE: November 2, 1999 Questions concerning this acquisition may be directed DEPARTMENT-. Materials Management to Gary Matheson 349.7925 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT, AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF POLICE UNIFORMS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2391 - K)LICE UNIFORMS AWARDED AS LISTED BELOW IN THE ESTIMATED EXPENDITURE AMOUNT OF APPROXIMATELY $45,000). BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION* We recommend this bid be awarded as listed on Exhibit A to the attached ordinance: ITEM 1.10 Men's and Women's Uniform Shirts and Trousers awarded to Regional Uniforms ITEM 11.12 Recruit and Reversible Jackets awarded to Skaggs Uniform 11 LM 13 Dispatcher Jacket awarded to Skaggs Uniform ITEM 14a, 14b 32" & 52" Reversible Raincoat awarded to Skaggs Uniform ITEM 15.16 No award at this time ITEM 17 Police Leather Jacket awarded to Skaggs Uniform 1 11 LM 18-19 Duty Belt and Police Cap awarded to Skaggs Uniform ITEM 20 Police Soft Body Amcor awarded to OT Distributors I In each case the recommendation is based upon lowest bid meeting specification and maintaining, uniformity continuity and compatibility with existing uniforms. ESTIJIATF.D SCHEDULE OF PROJECT: Delivery of uniforms and auxiliary items are quoted to be within 7 to 30 days. i FISCAL IN FORMATION: The purchase of these items will be funded from 1999-2000 budget funds. I AGENDA INFORMATION SHEET M NOVEMBER 2,1999 PAGE 2 OF 2 BID INFORMATION: This bid is for the annual contact for the acquisition of police uniforms and auxiliary items. Each item will be ordered as needed throughout the year. The bid contract maybe extended for an additional one- year period. Respectfully submitted: Tom Shaw, C,P.M., 349.7100 Purchasing Agent Attachment I: Tabulation Sheet 1292-AGENDA i r I h I I l t c ATTACHMENTI TABULATION SHEET Bid N 2S1 Date: 813!99 r POLICE UNIFORMS No.Q DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR Regional GT Direct Direct Skaggs Uniform Distributors Action Action rte note 1 100 Police Officer Men's Vs 29.79 27.00 nb 31.19 32.97 shirt Manfacturer: Horace Small Flying Cross nb Southeastern Flying Cross Model: Z92ONPM 35W7686Z nb 9101Z 35W788eZ 2 100 Police Officer Men's 26.79 25.00 nb 28.54 3020 sls shirt Manfacturer: Horace Small Flying Cross nb Southeastern Flying Cross Modal: Z960NP e7R7086Z nb 9201Z 87R7086Z 3 20 Police Officer 2979 25.00 nb 31.19 32.97 Women's Vs shirt Manfacturer: Horace Small Flying Cross nb Southeastern Flying Cross Model: Z905NP 121R7868Z nb L9t01Z 127R7686Z 4 20 Police Officer 26.79 25.00 nb 28.54 30.20 Women's sle shirt Manfacturer. Horace Small Flying Cross nb Southeastem Flying Cross Model: Z975NP 177R7886Z nb L9201Z 177R7888Z , 5 20 Dispatcher Men's long 25.48 23,00 nb 23.99 sleeve shirt _ Manfacturer: Horace Small Flying Cross nb Southeastern Model: 203LBM 35W5435 nb 3102 6 20 Dispatcher Men's short 22.66 21,00 nb 21.99 sleeve shirt Manfacturer: Horace Small Flying Cross nb Southeaster Model: 203LB 8585435 nb 3202 7 20 Dispatcher Women's 2548 23.00 nb 2199 long sleeve shirt i Manfacturer: Horace Small Flying Cross nb Southeastern Model: 204LB 126RS435 nb L3102 a 20 Dispatcher Women's shoe sleeve shirt 2268 2100 nb 21.99 Manfacturer: Horace Small Flying Cross nb Southeastern Model: 254LB 116RS435 nb L3202 9 200 Men's trousers 2700 27.00 nb 24.65 - ATTACHMENTI TABULATION SHEET Bid a 2M Date: &am t POLICE UNIFORMS No. City. DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR Direct Direct Regional GT Skaggs Uniform Distributors Action Action fousw badge) a m is Manfacturer: Horace Small Fechhlemer rib Southeaster Model; 909 382DO nb 9001 10 40 Women's trousers 27.00 27.00 nb 24.65 Manfacturer: Horace Small Fechhlemer nb Southeastem Model: 1009 38233 rib 19001 I 1 20 Police Officer first 68.75 rib nb 95.88 78.57 recruit rev. jacket Manfacturer; Horace Small rib rib Slauer Horace Small Model: 2530 nb rib 3451 2530 12 20 Police Offkerrecruit 54.75 rib nb 7818 6265 Jacket Manfacturer: Horace Small nb nb etsuer Horace Small Model: 2680 rib nb 326.2 2580 13 20 Dispatcher windbreaker 70.75 rib rib 55.00 Manfacturer. Horace Small nb nb Liberty Model; 2644C rib rib 626MW 14a 20 Police reversible sing) 73.00 82.00 91.10 38.00 ply raincoat-320 Manfacturer: 8lauer Pro Tull Pro Tuft Neese Model: 26991 RW167SJ RW167J 447RJ3M 14 20 Police reversible single 7915 85.00 106,30 5200 1 raincoat-So" Manfacturer Bleuer Pro Tuff Pro Tuff Neese Model: RWI87SJ RW167 447RC31M 26990 wlcustom 15 20 Dispatcher Tuffy Jacket 106.99 rib rib 8585 Manfacturer: Horace Small rib nb Fecheimer A Model: 4604 rib nb 32141 is 20 Dispatcher Tuffy 11 106.99 rib rib 90.00 jacket Manfacturer; Horace Small rib rib Horace Small Model: 4604 rib nb 4604 tI ATTACHMENTI TABULATION SH£E r Bid a 2391 Date:, I + POLICE UNIFORMS Qty.j DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR Direct Direct Skaggs RU n9formt Distributors Action Action 17 15 Ponce Leather Jacket 325.99 nb 289.2 284.0 Taylor Manfaclurer. LeatFeear nD Taylors LeTathe xear Model: 4473Z nb 445OZ 445OZ 18 40 Sam Brown duty belt 27.99 36.80 38.19 32.00 Manfacturer: Duty Man Gun Leather Mixson Duty Man Model: 4011u 131SB 788 4011U 19 20 Pol Ice Cap 31.99 22.00 nb 38.75 - Manfsctursr: Midway Bayly nb Midway Model: 5-Star 980919830 nb 5-Star 20 20 Pollee soft body manor, level II 44_50 250.00 339.50 464.00 ~ Manfacturer: Anerican Second American Body Point Blank Bo- Armor Chance Armor Model: 1000+ SMFII 1000+ GTII GMdflex No sample Nasrts 22 Sompte included a t shod play included ADDENDUM Y Y Y Y 14hky a Irasen, 74hkb a trousers DELIVERY 7 to 30 30 30jaday, 54 30Je0et5, 54 weeks arms weeks erma r note: oversize charges No Bids: SaSo. Lion Apparel, Riverside Manufacturing, Casco on highlighted Items-see bid Image Uniforms, and Outdoor Outfits I I I i E 1 (I 1 ORDINANCE NO. _ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF POLICE UNIFORMS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2391 - POLICE UNIFORMS AWARDED AS LISTED BELOW IN THE ESTIMATED EXPENDITURE AMOUNT OF APPROXIMATELY $45,000). i WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary matenah, 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 big?q a•e the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid lroposals" 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, TIIE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the Ciy Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids fur such items: BID I'T'EM NUMBER 10- VENDO AMQliZ{j 2391 1.10 Regional Uniforms Exhibit A 2391. 11-14,11.19 Skaggs Uniforms Exhibit A 2391 20 (OT Distributors Exhibit A SECTION It. 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 ogreea to purchaw 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 III. That should the City and persons submitting approved and accepted Items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding 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, quantifies and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted i bids, the City Council hereby authorizes the expenditure of funds therefor In the amount and in accordance A ( / with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. f I i SECTION V. That this ordinance shall become effective immediately upon its passage and approval, I I PASSED AND APPROVED this day of _.1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 7391 SUPPLY.O"INANCE. i 1 L. i EXHIBIT A Bid # 2391 Date: 813!99 POLICE UNIFORMS No. DESCRIPTION VENDOR VENDOR VENDOR Skaggs Regional GT Uniform Distributors i Soo Police Oftw Men's Us 27.00 shkt `e Manfacturer: Frying Cross Model: t' 0 35W7886Z 2 1 DO Police Officer Men's 2500 sts shirt Manfacturer: Flying Cross Model: ;y 87R70882 3 20 Police Officer Vii; 25.00 Women's Us shirt i Manfaclurer 4 ' it Ftying Cross I Model: 127R7886Z ' `3 4 20 Police Offcor a 25.00 Women's sls shirt Manfaclurer. Flying Cross Model: 177R7886Z Dispalcher Men's long r' 5 20 sleeve shirt 23.00 Manfacturer. Flying Cross Model: 35WS435 8 20 0ispalcher Men's shod 21.00 sleeve shill I Manfacturer. Flying Cross Model: 85RS435 T 20 Dispatcher Women's 2300 Ion sleeve shirt Manfacturer: Frying Cross Model: J28RS435 6 20 Dispatcher Women's 21.00 r shod sleeve shill A Manfacturer: Flying Cross f Model: 17885435 9 200 Men's trousers 27.06 Manfacturer: Fechhlemer Model: 38200 i h L I I I ' EXHIBIT A Bid N 2M Date: 813199 POLICE UNIFORMS No. Q DESCRIPTION VENDOR VENDOR VENDOR r Skaggs Regional (3T Uniform Distributors 10 40 Women's trousers 27.00 Manfacturer: Fechhlemer Model 38233 11 20 Police Offloar first 68.75 recruit rev. ackel Manfacturer: Horace Small Model: 2530 12 20 Police Officer recruit 54.75 t jacket Manfacturer, Horace Small Model: 2580 13 20 Dispatcher 70.75 windbreaker Manfacturer: Horace Small I Model: 2844C 14 20 Police reversible single 7300 I raincoat-32" 1 Manfacturer: Slauer Model: 26991 14 20 Police reversible single 70 75 I raincoat-5o" Manfacturer: Slauer Model: 26990 15 20 Dispatcher Tuffy jacket Manfacturer Model: _ i 16 20 Dispatcher Tully II r jacket A Manfacturer: ` Model; 17 15 Polity Leather Jacket 325.09 Manfacturer. Leat~erw ar 1 I A ~f 1 F I f EXHIBIT A Bid 0 2M Date: 813199 POLICE UNIFORMS No. DESCRIPTION VENDOR VENDOR VENDOR L:lt! 11 it Skagga Regional OT Undorm Distributors Model: 44/32, 3 4 ,ra y f~1 t . 18 40 Sam Brown duty Deft 27.99T'i''~a s t e Menfactrxor. Duty Men y 7^~1? Model: 4011u 19 20 Pok* Cap 91.99 Manfecturer. Midway , ' Model; 6 Star 1`s " yNy 20 20 Pdicesoft body 959.60 manor, level II µ ` 1i ~ R ISM i.. y , American Bo y Monfadurer: ~ , `11 A 1000+ Model: perwis, 2 oov+n, L 1 .Hoar plat ADDENDUM Y Y Y DELIVERY 71030 30 + No Bids: SeSo, Lion Apparel, Riverside Manufacturing, Casoo " Image Uniforms, and Outdoor Outfits 1 ~I Date { AGENDA INFORMATION SHEET AGENDA DATE: November 2,1999 Questions concerning this item may be directed to Alex Pettit at DEPARTMENT: Technology Services 349-8595. ACM: Kathy DuBose, Fiscal and Muolclpal Services SUBJECT; Consider approval of an ordinance authorizing the City Manager to execute a contract with 1D Edwards, a Qualified Information Services Vendor for the purchase of Financial and Human Resources Management software packages, providing for the expenditure of funds therefor. (QISV #1841332677000 -1D Edwards - $738,530.00) BACKGROUND: A Focus Committee was formed in 1998 to review and select a new financial reporting system and human resources management system. Twelve representatives from Utilities, Budgeting, Human Resources, Accounting, Purchasing, Warehouse, Treasury, and other end-user departments participated in the evaluation process. The committee met regularly establishing criteria for selection, identifying possible product solutions and evaluating each. After product demonstrations and initial selccticia of four possible solutions, site visits were made to similar municipal users. Final selection of )D Edwards was unanimously made by the committee on September 24, 1999. PRIOR ACTION/RF,} 1E%1; 'the twel c members Focus Committee unanimously recommended approval on September 24, 1999. FISCAL. INFORMATION: Funds for this agreement is available in the Technology Fund budget account (771.044•COMP- 9847.9107), EXHIBITS: Ordinance i, Contract A, , Exhibits Respectfull sub Rt 1: Alex Pct 1t Director of ethnology Services c, L I ' I U c,,.,.ou`ar+x..noamae. o.~rro6,.rwipu..raer 4 I ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT WITH IDEDWARDS FOR THE PURCHASE OF SOFTWAkE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSIONS THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the city through the General Services Commission programs at less cost than the city would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the City Council hereby approves the purchase of software and related services from IDEdwards In the amounts set forth in the contract attached hereto as Exhibit "A" which is incorporated herein by reference (the "Contract'). The City Council further approves the contract and authorizes the City Manager or his designee to enter into the Contract on behalf of the City. The City Council finds that the purchase price set forth in the Contract is the lowest responsible bid. Further the Contract and the prices contained therein constitutes the purchase of software and related services from bids to the General Services Commission of the State of Texas. SECTION 2. The findings set forth in the preamble of this ordinance are incorporated Into the body of this ordinance as if fully set forth therein. SECTION 3. The City Council hereby authorizes the expenditure of funds in the aniounts set forth in the Contract, A, SECTION & This ordinance shall become effective Immediately upon its passage and approval. I ikk 0 ' naN.OUwIVYIWPDpt4LLA N~rpWewMw.i 6tV . PASSED AND APPROVED this the , i day of .1999. JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY By; APPROVED AS TO LEGAL FORM; E HERBERT L. PROUTY, CITY ATTORNEY JI I 1 Page 2 t OCTT.c3.1" 5:c5Pf'I 7 D E PUBLIC SERVICES AREA N0. 6S4 P.13i23 DEdvAirdse Software LIM$&, SeMou and Maintenance I11111 I111111IINlIIN~~ Agreement CACneemn Cris Tommio y Way Deaf, 00 80237 This Agratnent Is botwoon J.D. Edwards and -fTN atOtwan Arg a tesTSu having be Irncipal dace of bustrum M251.3-2 a The terms of this Aareamtnt shall oppry to one SaRwaina (deflned ow), and all sHwtcel aRd MNrttrtNaa proOded by 3A, below to Customer. parpurlauddofAWNAgreomartt,'Cuetaaearvshell Include am et0adnn and Its Mintage (Wrted 3.D. Idwan)s World Solutlanl Corn"" merkats snd supper" the Lkw* d ►redtwte (dented below) ti tlW J maricK Lnduding the Limited Stebee cored Ca undo. JA Edwardde Europe, ltd, end 10. Iltdwards (AWN Pacific) Lase. LM. me" and suppowt the Ucenssd hnducts within each entlty's respective PoMb lay, to the latent Chet the two foregoing antttlae have Licensed Van allocated br thew tarlbery puntrsno to A lJansed ernr Allocation Table list forts M anY Attachment to this AgreernsM they "hail become odditict abA00ra under Able A11161IMM, TherNort, 7.D. Edwards World Salutletia Company, 7,D, Edwnd$ Europe, Ltd and 3A, Edwards (Asp Pacific) Re. Ltd. In reforred to colteetNaly n'J.D. Edworde' heralm. The LirdrmIII Fornduet" en lcnrad by J.D, Edwards from 1D. Edwards World Source Company, a Colorado Corporobon 07.M Edwards Snura7. )A. Ldwarde and 10. Edwards Source we wAned uftimsbly by 7A. Noise do S Campanyr a DMawers eorpeiratien, J.D. fdw ords A Company, I.D. Edwards World Sohatlotme Cwnparry, still .D. Edwvank Soem how tMr principal places of AN minus at Cirm 76ditualogy Way, Demw, Colorado 10137, 3.0. Edwards Europe, Ltd. and J.D. tdwards (,Ada hdilc) pie. Ltd het" Maier prindpol peas of business of "Ant, Inland and 111 tgapore, respectively. ARTICLE 4 DMAIMCINS For purposel of thil Agreement the 11011OW p terms IVII mean: A Davalepad $@Rwo" 1. Accessory Software Sono PMGIme an pndlta:atlonl to tN Licensed Prodric" Software del vttid wRh the Llcenaed Nductl but MNth rKwIre deveirpd by D. Edwards for CALWAr under kl& DI of No Cistwo to dare to a separate bird{! with a third party (W Is a Nruwant (ndurDnp epRea (d arty) Md object ad& ke LW1 rpw ffl)fah s) wrap'.' kl(a otVvkrc) parer b their use, L"DiMalp ire std any rshhd doasnentatlon. Thole Innef under common to" and owna'Ahp of to entity Art The Forty dlsdaayq Confidenlyl lordrrrom. dertflad u the Cudomer Above. Common con" and dw rAmli: a IS. License No Ion red is Miad an h dlrea "hop of A voting nbreat of Greater The lee "A N AfMId Y, SACdan Ia(A), than rile, portent (soten or No pant of peww, d'Kty Of IndireO to 17. Wardo i Pro luetls) rind a MJorly o the board of Drodor. Cwtomar apties to co; A'M The computer s code A rud,np otdid rods And any tla Arwllne Ala e no in ennly uyppon Area fie, 7 D FAwabe In No earn mde w 4:n prodmry bl Drovldsd. Ax IM fanwen progfsma } event An Amta:a times to Urrx with qtr deAnrkA the AgwinaM idortlFk Of Ucrwd Products In eat AthrchnwrA to WI Agreement wvl hemlrste sdl'y N It r"ah" to de farm Arbon in aocaranca Any Waver Upon" And Ne PubprMed Pr" SpeUM1tlyal, The WOO( dx Iam,Altlon pfovlslana n M )dl Y, Satan g. lJrsnaad IYoduda do not induct Atcetso,y So%ons 3. Altochmant 17, 1lcaneed Llere TM dacuman; by which CvRrror kends die Lha vied ft&N an1 Uteri Ik"W 10 Necks and La br Lhensed Fddude In Koo.denea Mdara Savoie endror Ma'nteranee and 0," shad, upon aignature or with IN user eypa degMion(s) cafualnW the AttidirrwR(s) to this both paRd, Ie mtorporlted ana tlwl AgreorirtL ~grerMnL 4. CTlent(n) PeAod0lCownge Tae ccmdu er (irrA dhm Opranrq FYIW9 or device used by chased Ttte rrro Wool dw" which the MOntarom swims shat be user to Alta and uwe be Wwood PtcdA% throuah IN Edam of availlbs W de 11I1 App'~'t"ant, The We PaRad of Cwreoe beglnl en And user rctwore program Of hterfaar "icing a weo becow upon oh'pmant of IN LIAMSM Predurs h Cuslnntr's A ro dealgvted a 1aw-enltkd Intinface) Ind whist rrruacean amWar lames lit", comma1s b Drocefalno an a Server. Them Include, but are not LS Wshed Prddvet SpaelRcetlens lu,!rid fa, cor`n`y corr"'I' '0141k cnmdu0ai, 'Mrtdaw" Ap "no hap uwterlel ta.%ded wdwn tM Lk1+aW pmts(" and in Tarrtwnth, a wl ot'>•l erdlrr rlldwne M display devkw, d Ne user, Oethr", and training puke (M %W" mtda) S. confider list Informottal aeadated WIN the L wlald producls, W thev may Irdat ream bme to The e) Lkraed Ptoduch, A) Dor"al Saftmeo and c) atlr tine. nhrn,at.on a W pan(ta when it li presented m PlAoid, Natter, till. Radplant 1 p wit, or ahalogrephk 0, er nnabp tam (but Inefudno The party r1t111002 Canodlntld tnformit'an, -7rit'an rexwed, Vida or temN dibonkeM) and marked 17. R N LIN K 'r(ArNrI a", 'PraPIRWY, 'Jhebarr Mvah or"AtMClad IN Setalcte linneded by Worldw40 Cudrorter We ItdAft tie= to Dadolr. C"I'dwItAl InfrvrreLon Ilea Includes IrdormAdon of the I.;,paA during normal Ad iponN Lae bean and 1.D. Edward wise. Nrtkl, wood Preunted to oral font, roan le Worded H wRnM bind cusormP aoludan Canter. rnnv.es or ne l.s of oe h 0ti1 prssanpgori And whion der mrkol IL Server 'Con'40111' and provided 10 ArdpMt wfnln thlry (3t) days Ntif A delta (odumnp otai robin, that eat"" the to'n"Ida r, the ere ur dhiuw'e regMU of a Client or mtrlrlplo Glenb, and/or INS ROM WomlaSOn 1. Customo'syatem(s) Air use M w UIng1) Lis Dtpl"04 Smea(r), osaac'red erdiod: 0 sena~(e). aMn, it, Software ipPdratlem and database somra. And other Sever on Nrwcft S'e Tel UWWd Product Md DMiepd Sanwan. Llceraed PJA14(ha e 1 )rWi'Ad 11140( deplofd by Cratarte+. 70. 116% U dates 7. Deploym alt sawaHl) Prim updettl udnG Cumulative updates cones q raradwe The Serer dnigraed on an Ainachmanl to d+Ir Aore rail and ) v Md r'NWI , r utlind to dildy de Urenlad Pnrhets to me Olwti, "Merylhe W141 dMN and flew estrn wM"Mm NvY' Ird/or Arer Ferven an *00 the Llardad erodurt rode at 1 containing nhrceTtalto and mw4bbonl "*d the relied A or Oova'agd, dRributed r.elao'r Iner"vMnL Or Derived I oftwrare 11, supported Natlbrm(t, Edw ids wdwqm 14 end ac roe a paadome I f vAlch 1,4 lonwd'a wane ar modril avore to the Schwas treated dwough Licensed a+PPOnN by 1.D, Mwsrda lam apron meaA of the f ~ ~doMl a disci both tuna m IN N C o PudbnAd rte we or, t evelapman red lined NPemdar and dave"d by (Lf.onndr, to IN ffv l or unnu pant awerda (rah 1.0 tdweWa), Copytpnt soda J D, lMU'II ward S%n Cambay Pope tp oyM a/aMMYIrPd1H 10. Wards GM^uc 4 1 ( I` 1 E OCT.29.1999 5x2" S D E PLIPL1C SERVICES AREA hC.694 P.14i23 ARTICLE A. SOPTWARE LICENSE CUCENSE7 1. U NNSE GRANT (14 1 rwronton of N t of llcrheM Uwe for erry MdoyrneM servep,(1) r CudoTWtrf s aitswirnwri (A) Shhlen to to asnml end condlton in to Ayrwrtrnl (f17 a Clangs ql Any IT, feauae, Ice lea numbs, and aflooton CI J D. ",to pants to DAttow a rhorrertkum, non•AinfMble, Clcanwd then Rv an ASJ400 M 010 t'+[ WOndSORware r perpetual "3d lanes to use the Licensed Prodrxa on tlM DAefgn4r kunArM, SMr(($) lncirdted In any ACadualntc IxkvtW here terra to tame by In adddoM1 Cu tcrmo Ihaq provae Phopi (11) dey~ 00aNa w am the P4 *f. )D Edwards fepresents that d Possesses al VIA and notloe fd rry Change in the type of Supported Katrorm fir any ;mtwM in the Licensed PmdA% nterary to Anne, wed tai Cuehmr*Itm, Areernenl ewmtnat h14 to doht to use Only tst Longed Plodxll 3, rMC PARTYACCU6 serechd M Any Alt d%mont to dim Ayrvenee end drl Mw no dpf't ID 2 0. Lower* agraa wit ew-r r pMrayy Mow h/ n atornera, verhdds use Any other Ucesed Produce that an delwrld to C6 :or r but not W Ctw Omaha in A dmrer Pliatrdniho to CMWW to Kmu ton selected end li rlaM rareuhdar. Lknloed Ap,o KU Ind Ne to lank top, Ins purput of MWudlrq ((a) "Dct to the Wffd and CWt*01 N Na AgrdmeM Ingulltl trio other Ranged activgw to (onq to Cuatomrer an WOrde rants to Cwhmer a no 0 n exlwAe, non-trrshsbka demonstrate the fagowtng: P"Mud rrnl M trUnse to One any Developed SCRwarsl rms of Ma ver"m uftned ernes, at ry tans, has Iwo to (C) J.D. Edwards grants tO Cvdorrar me right to deele dewed S.D. Edwep,dYlourte Code; Soma what the canerd of 1.D. Edwerda. Cuetwer shier own Iq (iQ Mek saes Y res'atded to ige n 1CteA Ind m thoee 1 Cot sxi l Dot nhn MV it ft R P y DerMO SoRwan evnln J.D. Edwards shag fulscyoN Euy are repulre0 to peAOrm; rehire sale ohrrersAi of oLK h porters of the DVW SortAq tat 00 under no emlirstances w@ they uw the wMart to operate Cont9m Dart Cr 019 01 50%311- Lose of Ruth SORwre IncUed In tmwr Cwn ttua%wu; Ne Deanna NoMvre steal remeln subject to ter VMbne d Crll (w) the provlfarh cl the 1.0 . Edwards IoRrre or oaMCea Is not tJa !Al'onlroa [N It USE sly P4Mp velte, Off"nte, r clot of the re(IAOn/hlp e NbAW CLItrMr aid ton enW, (A) CunorKr 0140 use the Sa twan MN anti Cuetormse Syetem(e (v) the er q does not aonipeh wqh 1.0, Edwrdy IdenCfled it lththnWKa amendaM to One Aoreemsnt or td"W In W) Saud) MIS as not a d04110 of Me Am o V, swoon 11, bpat 1060'11no u 0 VV*d Puraulm to subeetlon (0) of tN1 sedlon, Controls, Ind Cvshuner shall not Copy the Saftware wllhan the wndan loo7pn 46 NO each such user dull be laved As a uorsed doer under thas or 1D Edwarle except For a ramnabis numb, of Copes Wmpmury Aar IXT1. for n tordCs backup, RrchYd, and k"Nuam dlsadx RCeva•y In mnsiderstton of flue pure of eCma by 10. Edwards, Cudomw tJrpceel. Sib.ed m the notekadon owkeJ Crhined in Nd sprees to tab or neAUry MPS to insure Mar N Lldw" Produce Article, tide xp may OIAO copy fly so%apa a haronably nenesaey an to we "*It prop"" Mellor ConrdMbsl InfornybM ~I to NDPO•S Cot may'mum % of Lkenwd Users lane urew th.'e Contained Whin the Lkarized ProductA are not disdoaed Wndef MII { A9reernrnt. OArarm was pep%ouca red nhdhde Uri Dater, M Nal to IN "It OMef ran QN enroll 54SH eel abdye v0d toPYrt4n Ca it "M hot 71011 of bthv nndaw and Proprlsury lyre a noel Rx &C" Ard ux At Wv*4 eboy*. CuaSomer turyher kyeMa Iran re ortpN al on all Cool d. k copes wIR IN subject to to KIM to be nepMdble pr 10 the ICU Ind Omlulore of are LNb hors of MII.lgrlamanl Customer SNP not Allow to Sootwlll w be =MAO en premed access under the Section nil toy wen seed by anyone ouw+ men rts empayees, except rap those aoceam X IM or Ormlaabrla, and rugamr eor"s to Nh rmwv pp ov dad }err War WID1 1 of tla A+tde 114 Arts V, Seaton 1, 110. Iowa Iga;rat Any demytl It InCule moultnp hom such 1'ne =10 may not to Wait or wbllcened by Cudamer for to Recesses. %I khee of «mmerwl bIMSNdng, serum bureau or other ftm0A or 4. AUDIT ta" eman Iemmh. to. WAmpics may, fnxn ton to Gore, dry Dos I'D kwrdl' w#fer, recited, era rare Mpuenty sun sMWay, 04A crw thl MOSS to Pnnso ks of move the So%grs to arbdI Customer "I Arrrh J'a warge wdh a signed muAauan i tc*,ntnee 0 ,der to Proton JO WOW Intere" Property M v&Nrq that to tkrrded Proaeh an Deng used pureWM to the KNa.ee'J "dona of tNs AM?rrt ind Aitomrht(q, h Wkg ter Arebton (1) Cuatamer shall not: r LICO Uwre; W (IQ Isihq NI bosons end 409 of ton tJ%mr mane erq^heer any II of to software, prodded, 9yRinl(1), 0+::+ iadtnn b to LbMaad Llse7 (I eudkp uwr trye) 4",W tat if Z4 Llcenwd Products are lanai In I awcead with nark OIAXW 9ymitarn W at any othef babas Jur,rJ1Ctp19 wAMe lava eAPI~Uty pennlt sane tam ur revtrx xrndno 00 Customer Sydern(r) rill nnnh amw. 10edw r" not /nolnar W, CARMmer may do to sa':e'y to the Cpan1 w Cora kegwrty tNn annusny and at NO owes Wines, may wit Pe•rrorel tY such law. "ItOmer agrm to nbty J0, EdwerW OJb- 'e use CO pa LIMMwd Prtdsc% Any Such MCA 04 be Wad to va'r q so; OOlUtod dNing ngh* Mirada We M CutornorIs fedPtw lad shah 01) dash butt, Sur Or ONa•'whl tanefer Inv pat of the Sortwlrf sat urvuwa* IrhMten Wh cusbo la buanesf adwks. If A and CYnikale OF An Im Nw* M Curomar hie uMarpe~d tees to J.D. (hq rameve the PaW04 copYr rat, trade NOW, tradematk, er Edwards, Clohmer doll be iN*W for sutra undergld flee at O Aar on ' I Proh.lOl 41114 Or nOdtw Net IDPeer M O' J,0, EdwArdl'trcn•trvn Ilst Opts for the "nurtbor of u10rs if n toss kRes1e. fly undersold feet exored No peraanht (S%) of Ne Ikerxa red paid, (C) Custorne may p,oolde fm disu,er rewwy Euvvkn on I Nan r also *Wl M JD. Few it, rmrnnehle can of nn Pump syhtem Provided car suds purpose by a tnlyd ady Cotamg the ldrwt a genbetCA, r7a Sohwln ioadN upon a dNastr'amvey fWam von Only bf Owe Iva, alb w tan for disaster rorovery less Nrp00111, M ARrlCLI 112. SORWARJI SIRVICII AND TRAINING CAN Of d1s1fW CDW001 Ind Irgplrabl'JY of to CWtomer tURVICtl') Iy1yo(1), (wltMer IgraeJ to UAU uing N Satwara do to S. IIRVICIPROVISION C!'Wetp rccorCry aystcrn Mmnlutrly upon rcdwaton Of Na F~ J D. W1,11 V41 Preywo 6"Cif It Cultomlr w Callo+'e1 Sys em(q to p•o~operroUng aMd,ton. ostomef streak tadhnhlI I Or As red N a ovegofkerR Thar, hops 1PONO of woelt of to loved !.D Edwunl an Ina of tie 1.D. Rhverds Nan dixk"I 0141% McAaCd "to, Any addl9Mhal serv^as wit be Prov-98d at '.gpement to n I,d by the NhM party croanydan IN nnc# M dk Curto"Wo " In SUW W NVINNlty, In AadMand watt 1 y laabnn, cnnptler type, end ,hod and Wo numbs (d mkUbov Ip to AttAChment S, ant ktr r Roof of w6Ar 1 A; ~rMA';r) ni thn rr41) on w'tldh to IKerhsed Prududa wan be hYlAnd Mio rdtaf asenMm OF lbils nemharrl In eddltlon, 1, D, r Ins celled Cu+Mnq' apneas t0 Da tarty ralpOMbls h 1 D. ldrn da fr Edwrda WO oofwde telnhtg w v tea, "set to svo sblhy, In ( ! N darApee hr aty urduthaped use, drJoaure, or duplkatan Of the Wonder" MCI to tam ou"M barning e0e006 and way, 51Rwa a res,Ad^g rrah Its pcosmim Of the tdrd party orglM saw, (a) J D. low" del Own OF M^ the hod hteest in and to am (D) Cwtemer spar nadry JA, w1rdl In wntnq of arty of lM bmlc* SOA"11 Provided to Cuatdfnr harm M M "Is Artka. rJlowing Chingeec CuMPtef And J D. EMrvds IuMar agree that D"apad Sa4werf a C41,n m b{HrOn OF A D1p'oymtrt Server Or Cus'ar•ar povfded to CL(tomer IMr be P*Vgr a %,&k made ter Ake err a ynlm(s) spoC IM mmmalenid wok' AI Mete an dented under U.S copyrigf It low, irdy+gw tid'e,:-p, lMlbs WtrH ku 2l CO'tia'v h94 14 049/ SwaavnarhWJD1 70, Erma os cc A111"i i i . I PCT, 23. 1999 512GPI J D E PUBLIC SERVICES MEA NO. 694 P.1Si23 I AGREEMENT (C) 1,D. Edv,srts wiP uses readable a" to psrforyn e,e Servkn e +aledm of upgrer'er Dom anti ecmding to h v (t) Cuemrnr No nlpaytoll Not t ths-Vrhibiy~ o mar and tine Kisedul fe but GUM beyond (e) el t the W ri Ma Licensed s Not l0, 00-ark meow troy out" delays In Imptemvibrg the Srvlen, Sum eav"1 fray Include Choi l to Wdemeh Mn!" plans m ARTJC'LlV, one" rodkes, a Cusmmafe IAerIL0 d po)ta Plero, MD" 1, PROPRRTARYFIl cD) U11014t Ior epdwmeuvulM19" the s an be oh (A) Tne 50Mrwe proodsd uncle that AOFW$Int has cubaandil ven [s Mot Claim J D ,foe arils end Chat lIUmmides d led from Ma *Wy value red it PnAll 10 1D, kards source. The Pur ob. him, J D. s nods orde ecblon to Mmmlrcc dinzwon to RampJ,D. dward Edwards, L s k1d Podual. of ot*1 wdee and Ouse wonts d euthorolip Iddej, 440, gol end Kted by mWiNgM and vide 'acre al and Tay be of sul la ce rv or trees pssid" L 14ANAG EMLNT CONTROL AND Ill TIONSNIP OF P4RTI[S APp111011 c or INA p4bil Rte 1Jarmtd Produce tray aim rude JA) !dCoil wakl a l wndultwanarets will k with ll Coo CaCof%~ry had And Or"41aly MWW of tot Pl~e for il~ wi work wi hlh n IV reottercta mA e direction rpo Of Of ].D, EQwlyds a'd J.D- Idwan► Sou'x have beet grimed a right it CCUtons/a tee and dlstrbuh. JD, ldho l Source AM IN gr4 pearly a gftl t p o)ed pace, The d redlan to be prodded by CLeomari "I naln awMthlp of Itl fights dal amid Interest to theta re~eeCw, pruilect: ! a Pern:^a Niahadaprp rCwtortierti Ctnnl and doto Word of the IJpneed fti end IN rot""I thel 1, At Pro oftnal resowrcea rLhManrno arid modMCatbn made by 1.0, Edwards actuate M (a) FAch pi try "I OM written notlea to the other TMY of one key pravkled under NI warranty r Scibi Update prakeure or this I a AOnlTlent still MTiW ptp'retary to JA Fdwtnle source. k~npleineem lkn or aCivi nsirM pprrojea hir~nmdei~o~m IN eofovan (e) Loan kwMadpe of any untughoi ; e . Ion ear use of, r i (n F Kmr Pa-N mry ngxd It any time the nrnavel of e eedse b, Any 591trnh Icraed heourkn, Oamn'r 1111 ill JD, M F p" Furnish , Ich tut indrelull 150;vd to a prq)sa Cowned Ay M All Ithet potty, D of aeon as boasts s uCustom tinerestMtl in p,rAY Mg any "rOo c) be' am tat rdmdus' ts not Weed to poll the recrrienr J D. Ic the do tiled d cooperate e o1 f1 ] D , a" In mopeds" ki h any liel . Edwards' Ito 1 Rrktoes fii by to profeQ Or does not meth approprfek Ptlgadon r otlLer Paeed~'ge r luana6ly ruceeary to l the j or r hal reel sty ea o pvvteo and ader W PreaawY pgcllir"I properly Aghb Of IM Edward"' end 10. Edwtrde Souce. eviam proven arld r o party with to ma iedy of (C) The lkensed Products eciall ferbh'I peebect>on precedurn I k a numbs" And W,4111 tty r remedy tilt whkh wt till rent of unsutforlred use, m1y Imh am" to till Kediar pom tk precasts and h Me umil L Vrented products or with rosy " ed menu" of veer proving lprutip wnein nt pd/tOrwd, r arty, rtuR heva nrnkent ece11 to the lkamed Products, Tn/ A,neoon of flit" Wriware 7q.D.ID polxtdm PrOCaduw It mgt tuns documented to J,D, Fdwarkll , )1ED WARDS KRSO ANDla0N3 Sou'cl Pubadad Frodua Sperdraadon. The Ides",I pet@601 f A 7.0. irme y caua raid h till Lrcensad atoll wig only oil ire Ida"" to ustarLar, Edwwe Of reNr d"a Mat raguht0ry undoru lrta r ckformbapc4.o71, lam r to Mr any My eaPLrte tired le sott"re and edp not deaeroy any or Gntonwo Omgrema or data. l nsparob iLY Yx Gmameh buslnal ar opeotkrA J. D, ldwsrM MI if the b11WAlo protection procedures hawl ben Inlded when theme to al nphL Irk ntaP,ton to tuplrN", Tmrlp4 Colt Act dlnCt, (I no unl UNVAS ME by CUarome, J.D, towards wit, M 1 highest Procure, pemam or taut/ to be performed II it to be pwgrrd brindled belie, "Wt Cumorwr In Wturnkp to Mel operation at me bI 7.0 td Jo, C,cept le Weaver peaked 0 ftkt Agresnant. Virg" v hemmer. . (1) Cudertmr wNl Inlorn end JD tdwres wN comply WLN ell 2, 14UMALNONDIICLOSt1RF Miasmal mfkplan nil and policies, (poll b Cuktums/I Pummel to fh4 Agreement tuff party they, tern tlme to tlme, employs, rhne 1.D, Edwards pe,urimW an physrdl'y lonad at ill co Corer party to the Agreement wren urUln canNol 17611tonrk3tknrk3. Idamnrtdrl, "IN "NP Loss t4 "me Care to Ill didolure of (c) l0. l ardr tray woco'war4 pus perlor»e,40 co, sly of the ludl CONAdennal Inlrmadon at h Len w1N h awn 9mi4r Se- kea J D, ldwards that be rotportdble for all puYhinumon under mrirdslal fnforimmel wfLkh it does " wish to dl0does, M !twit the Agreild""l by Its "ubeortnctaf and ry Marvels to Standard of Calls Ih1I not be i"e Clan a nASOnibU standard of an. 7.D. IArNdr le"'"ans` iMr o CoertrO W M+dudt say TM Crmrkrlul SnhrmMioh IrMUdlrq my trade "alit, =,titlU eumm~Ptctr of cry s~DCarNaah panannel Of Jroprlebry A/ametbn Conolnad whMn the Carfkanoil inforr"derl, As .rot to be dledcesd m IM pl,tiara other tlorn NI ART7(Ll! N, SOFTWARE UPDATESIRESFON/e IJNE em ill of Ragple,t. Mowmr, Conldemw iMornatlon Tory be ("NA1NTlNANCF~ dladde/d b Counsel. LnruulAnts, Iukcismactels or spits r file NAINT fNANCI /IRYI DES tad01411 who "A I need to know, heal besn haetrted Cut R b IA) Melrerl laud" the tartish LOMA lid AMor f llna ferLMentel Irbrraton, lid 04 hit Malted a mendMotur/ syviw, GMurnv ray request and J 0, Idrardi Mir Arcola 191"11e1Mt wbaUNJary r 0,0 host of Na Cal of dV Agretyrnt MaLmene•ce Or to Ikenrd Products rcerM by Cuahnnr under p%r to rrdt omits re. fns dllcoolin or mewl Conlleirmst AlWi b of CPIs lq,ftil" to the "me ndenl rd dcdres that J,D. Snkrril l does net grant to the Real sty Imm of rights to Fill rrelut wen Voll,eornct grrtrry avelable to In Cvsmnen Iry Beds "avtti a usher My patents or cWlght4. ercAoC is Ocmmor trey rot "Lea m asdude Any d the Lko'kd Proid ds or tWel P"CAded by Ce Ikeryee grantsd h NII Agr"rwlit Iklmrcd Lill nrrn ere Msrtlrann "ruku dump the Parted M If 04PW t PrceNded qt thll Agmel Id Coniklentgl Infortiffon Cc4hga tf lid LicansM Prodate are being wood M a dlrW"'wr r pra"dk by the Dada"r on AN, In V bars. The odlgatona d j dioulbuted rnwa-k awmCmall Customer agrees m make a Asdp'rrt with neDea to eery perbcure pdroon of CanDdsMlel reeeanAb4 cyan to erbbnth Aid me'maln r per"m" rompetenry PhrrtmlWn arms No"ru h (r sfml not Ibsen) when try, r dor r4'1wr Or helP delk wfr'dr Mid" 1 camel Point of Cl "Nth do, hNOwlrq occurs, 10 C04 01 Aropon" LM to eedrdlilate dm Me Tnellnce proaoad M It was in of pil denorln at the Wit r wdloset•I uMkr VA Agaorrted eommunkuetlon 10 Redolent (IJ Lnest erns M by Cd+r pa wriul rLOtlu ark Nat tin (11) R 4nbnd to p+bliC d0naln trial not feuh of 1114ol nt Piety (16) one pilot to eta end of 1M Prod r CnArege, CiNo,mN WbrlqulM to the Came dl DyCyflr'1 DOfAmunkdkn m Wool ogn® Nil d i Ferbd of Coverage Nor Malropil shat Iumtratlcany Or) h wit h A icri a poawlbn fm" of any CogabaP d A leteed Far ono (1) VN'tt JA, FewA''then Cullmt prices, wn(adMtl M fill dm/ of Doi C/nytA M'eMM to A"CyknL r (q Its nano a shad be A akded an ecmMe K! WON J D, Eawlydr' (~u) It was NdeplManty divebped by Rooplemil percles in etJl Ar me tegLmkp of I" annual lerstwd ofNe pg,,W h) to dh Moues is Norm , U, wAd abpaane, r Court r a c"roge Fen tar renAatement of lap"d MI'nuvnee shed be govenrtwnt Irdr, PrMdellr 4limmei, rat Wprlnt WvAja rill ehrged In lamdann wo J D EAlgrdl' pollcy her tl;"Whment fen p'onnt nova of W requLtid dbdoluai and Aiclplek Ihah or Ill M Nr date ofsach n(rta e r tint WI IDeek A reAlreble Mart to oboeln I pnoted ve ardor r (D) Ail sotm h or dab Mt vow by the F"spcma I.ke dmt become ON/r ratadl tt<uTence aRrding R trdidanbef tWWM d and part of C O Lea rod Frodude. Irri Ili list 4044 (r the P4*0 far wild this raw Of order npulres j CaGy+94;t9A d.D FAriQa Wort s&Tl ta!nprr PaOe ter Ptr'1p N9J91 7.D, fna0r rt,lAeroN rrT,29,1939 5l27PM ) D E PUBLIC SERVICES raFEA x10.694 P.16/23 I- AMIEMIEN Okctoser urdrPabnde tliat Padplent nay develop INamaem TRAM APJD THE TYPE AND PATTERN OF (SAGE Of THE "lor to Py, Of repNe kifonrl fian AuOther Oj Pte, that my be UCI"ISED PRODUM OR OTHER SOFTWARE ON THE W rNDRI( Anwent 041 Do tk "td As 1 Rtabor or r onfer ence in tN1 WILL IMPACT THE FERFORMANCE OF THE LICENSED PROM CPS RWelft wq rid dansbu~ POsn@y daveb u olop product entatlots b tsar INSTALJFJ) ON SUCH NEIY,OAC. THE LICENSED PRODUCTS, otadpfesd m wft lid the , for IpyM or f rj WHEN INSTALLED DJ A CLIMISERVFA OR OTKR TYPE OF DtIldcsier's that ompey p Wes agree o Or syn2am emt a breach k DuTWIURD NET'WIDRI! ENMAONMErR, ARE SUMECT TO modestelltt q of nSrye6au ougaal. ~ A RxlpagesplaM sraN % pup hemmmfrtfab d anMsd CRTALN MINIMUM HARDWARE AND S1DrTVlW REWREMMM Fdant ppOl BY J.D. EUWARDS TO CUSTOMER, INCLUDING ALIT NOT I-vaabot m miw1d ton ll arm to oDtlw nm~ tlinto state Dndou• to SITED TO, THE pfIERPRCSE SERVER, DEPLOYMENT SERVER, 3. WIRRARMS AND CLIOM, (A) thenasd►reductal S. EXCLUSIPEREMtem 1) J.D. 6dwardo warr" that ror a perod d as (6) mmtlht fbPowrn0 Fn aM bocce Or wsmrea cantered In $00m 1 OF MY At*k N data d driMrt of the unmodMled Lkensed Products m Cuatomari. OuMNes 06ANe remedy shall be u fokwsl Rat decd eta, the Udenaed Product Mp "m in a1 matenal (A) LIoafwad 1`11044111 Cuatanm " have a (6) months specs in ware" w!M the 7.D, Fdwsrls Sauce RrtlhfiAO keavArtd 64N N of rte Lklnpd PPO&M to Cuebmeel Fret a dud Sp ACftra M e 0d at the date of Mle Agreement dpl9natad aeb to very that the Ucenud P oduds Carr pry with t'a 110 Edwnrda further warrants tMt the J.D. Edwank Sours Pubtt~hed wrranEea comtlnae 1n Sattlm )(A) of tlo Artlda. CuPtomM $ l hodutt SPIM001ons are Mullt in all mete iel roped, p'Nlde wr%tt MSS Of Any eudh nonemfdrr a to J D Edwards I J.D. Edwe to warrantee that the lkrued Product, wean used In within " Its (6) month Puled, Suds W[co shad be In auf!!clent Wo,tana with R/ PwItMad I!adud SPedf cldoA upon Mottfat'an data to slow ) D Edwlbs to duplkab the nahronforr shall In HI MlAral rMl be ckpitie or aro,rstely proceuina, J D. Edwards shall, at no addnlonM cape, correct such Pmvl(1lnp enrl/rg retrMno date data aartl, IMP, and beh~ Ma wnm*mana or PrvdA 4 %tulay emare4blo peal for carracbon iwsndath end tweak?-W wturtra (Orlumn0 the Years ?000 and DO OM (60) days PaPawln9 the mWpt of O war" rctla by 10JC and last near ca:, knl), provided that Ae other priduCIS (ac 10. Mends, Sl ld ).D. Edwards fail to Provide WCh eorredbon or Mrdware, s0 tware, middlewamr f."sr", and any athef ystems) net"tV k"P4tie Plan by such da!tr Cwtarl ode Ind ncWslw Well In cWfir an wIM Ile Lkenead Products propamy aedhengs f"8* sh lobe be to 1M tdrmnate ft Agreement by wnbal reeks h dot data wen CN Uanwd Products, In ad fa adednp feWdWM OCISOM 0 Ardda Such nOtrn d trmJnetbe "-Aid r OF Cuetorrers 00 have Previously kersed the World are, 011 this wamnttyy sral not KPN be Wond"Wkne Ail A7.I, ELM 7 and sea J.D. Edwsrda wlMn Meer, (IS) days f~I~wAn,1 the data he cortaron eaia NMe 7 Aal"m of Ma ward SONtm Ind R Neo ihltl not Or afar Rx eonadlon, upon rxrl Pert," of trmina aN Custornor AXN to WaIL9aRwine Ralumn A7.1, CUM a elmu9h CUM J. eh be Mltk'!d to no, 1 refund of Me Uern Feas pl'd. ll) 1 D, Mwrds i4l have no rapatuatj y tar provento In Me (1) rdNkm Lltnyh d Prutmis Odtided undet and (a) eDa" whhth are 4umd (h emmr a rdl k rrpaitormMrd of the %VVIM, or N 11 ARwAttona or w4dIkAlme rotes by Cusmmr or a thlyd party, J.D. Edvvada Camel perform the aamus u war anled, Cuill is aryn9 out d the malfunction or Cuetomlr'1 epulpmenl or csukJ by VCCad ro a rsP,Phd of the has paid to 1D FdwaMs fa the SeMca aNv mnvnnl products rd OnMed by ),D. Edwards nd In CC(&MMinde wAh the wsmarlby, (a) ferYlae! 31) 10, Edwards egress to termed, aE na carpe, all msbe eI 0) 1 D. Itl wlTAntle opt die StMca1 auppred under ANcle IO nmcanformanas ht the Deno eel Softwera of wNm 1,D. Edwerol wall be loer)o coed in a prolesmonal and workAanike masher, redeNU yeltbn WC369 during the ninety (00) day warrant' 11) ).D. FdwNda wemarlb Y at Ma ojrv WC@d Oegluped Software armed. If a ffwcK l nonconfunr lra it irwWble d Cal. n ft x61 operate in an habxAl mor" NI adcardena wIM the wntlen, 6l be mnddrsd A beach of warranty and Ontamer chap be muyaly 091419 wl Iptahptm for such Vinneoped k"re from QMt ld to Faber dla mne0ftHrl Ds d Sc^ware and feeahe be date or complew of Nch Developed $^Are per I pal of A Murd d false plld per to D"loped Sonwers Mvty (90) drys. However, J.D. Edwards stall have no responydaty (C) MAlntenott l 'or problems n the Dweraped SOMIl pried by AlbIll a J.D. EAverda apron to cared arty %W noncoMmrnana K nedlfutt ns merle by Customer a A turd path, at smog out d the derObad M 5ftl J(C) of Tk Artds at no addAiaW carpe s*ed mePunrJon ear CUataarl tyulPmant te abler software products not W MI IdoWng COndWora, J D, Edwards' 0194m to owpat laansad by J.. U. Edwards, mrmxtlons under Mls prMdon"apply o" to Q the most Qjnut ~C) Mdnte kneel miles If of 44 Ucenead Poduft and a) Its nth pprecsdln9 FWaa co ulna u,e ererod of tbverdge, J.D. Edwards warrants Mat the IN Lroertad Roduct Du( Only dunhp the IN (6) more VW at unmOdlfed Llill Prod,K% Will perfarm In All rarl rwAfoo A tpnret avaNlbTty dates of fhe most wham mlera hdwYVef, m M0,400 wnr MI ).D. Edwards Sauce FLNlsleed Prodwet lPIWOn 6ae not ImR Cusmmlre adple OdmKtlma 06nmay Ml SPrd'kahora As trey may exivt dwirg the e4nod OF Cavemlle. Such Mallebfa to All Cuseeftnt Abou t,ng MaMlenlna (tl to hbol Pldurt Spiroraatons shwa be secrInt tr all mats1sl haumme Of cUmOertve updates a prorram Derrporay faeA), 'AW" but "It be sub)M to Annoy aM 4om drha to 6ma to Cunamsr shall preAds Me" to J.D. Edwards in aPAdaM OetO to anpern who Nndlaralky centered h new release ef rot mined allow I.D, Mwards fe 4,0ale the natcon"ance. Srauld P-O& s. Ou lnp Nt Pe "ad D7 <avaA9a 7.D, lOwrdl au YMtml J,O. fd"ck 61 to pravlde eudh cefMbn, Custamera sale Ahd Pat the Lkenled Producu vdr rornply with the warranty mManed If MigeM MIMay' tdl rKI% 1 Pill of MaMnMMa loss pold for SnyOn D(A)( II) 4 InI Mllle. the Canted Upr6 urooltld weal the Ill r?Nng LIMr e. WARFIl EXCLUSION Produc(e) far se h1Od d Covra0l during whkn M6 (A) THIS AGtnmeNT PAOvIDES LICENSES AND SERVICES AND nommmkrnrl otmrmed, 2 NOT A SALE Or DOODS, el. INDIMN17JI4 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGkgtm T, (A) 1.0, Ill *4 P61fri Pt', del and " OMorref ?HERE ARP NO WARRANTIES, EA'PRFSSED OR IMPLIED, OIrm49 Mon And Its'nat any 1r00, Col demagl, Iti lKy, r expense (NO11OfACi VT NOT LIMM0 70, THE (MDLIFD WAARANTTFS (m WON maLanaeda,pal rocs) full ear spurred by Oi larax N , OF ME RQU,NTA191TY OR FIT NESS FOR A PARTTCIA AA p9rlGtld! Iry U 7 pabm r oM d9py kfs r OPH Inbdedb+ll A pfopMy plhnpernenl dem by any thed party w th roped to Iht , PURPOSE. J IG FDVIAAOS MAKE? HO WARRANTY, EXOR ANY OR LkaneaQ Pmt, 11% W*MATY obwon stall Il o!tyy to the JM , MUD:IPjE Dp(lg f10!JP l / rIONSOFiA)IECCESSORYSOFTWARE, SOFTWARE OR mil puss Mat Custrnr pronlpyy nodal I.D. Fdwardl 10W Ojotemr bacoaJ aware M such loth, Owe, to J& Fh*ifde N (C) 1-1-l MAXFS NO WARRANTY AS TO THE AOFQUACY K V** be dehnd, caarrlqDrenthtl Or acrd tls calm of 1I:'n0emanq OR CAPAFYTI' OF ANY HARDWARE OR THIRD PARTY SOFTWARE rd PW34I 1D,Mwlydl Illy Cunaamar Inronwtlan reavant m sod. TO ATTAIN SNE OR ALL Or THC PCRrOIwANCE 08KCr1VE1 Or daft JA, Edwards *M hM na hebft for my do" of CUSTDYER MAW fAC+'ORS, INCIUDVA OUT NOT ut r, ED, v rnbMWW Met are based m 01 Modllatlo t Lk"r be Produ t, THE TYPE CIF NETWORK THE k4OUNT OF TOTAL NETWORK 0) doe use of P Prior of modlAad rlletw C of IMUlprnant dilm Mel Car+'b^[ielw l,d Ed,rlds wo-ha k✓ol CemDMy P+P I,s CAaI lrsevralrA0M4 :.D, LMa•da dIr'Nlenly l III II CC T. 29. 1999 5.29PM J D E PLIF3L)C 5ERVICES I MO. 694 P. 17,123 ~G"IMINT 1 1:40 robed by the use d a Current unnaderad release, of Ii) (C) If olhar PAMY roatenaty, lMndwl that Agrial the other upon a use td the tkensed Prodxk In 1 manner mat mniernplsdd party may give written needs of As dtAre to rm Inay and to spsdilC Vi the P,t"ped Product SpecMptons, umundo hx termuraeon end, t such, defoult B ulwb4, dart and the (p J ID. EMI's further agrees that f Custorncr M ptiented from part' In defauk FaAr m ante default whim tN ty (30) day or the ugIq Ore Licensed Prakrf(s) duo to an actual or de rued InMagernaro nogg, tw od+er Party For to"rate ft Valenx , It all deli under su%aceom W of the Sector, them N J D, [Nmil Apton, U Wnp'ble of rigs, the ottrer pa'q mry pplilli s this AgrMment D Edwards snot promptly Ater: knrtadlAI Won wrkan 111 0 k9 desire 1b Corrosive. (1) pnare for Custofref, At 1•D• Edwards' acpanss, the Not (D) TermNdom of that Agreement or any porton of R ahaI not pmt to Comfr we to use the Lkeased Produd(e); sill patty from Purauahg *qr nmool* a iallab4 to IR Induding (o) replace or rradify the Licensed Product(s), at 10, EQwArds' kNNndfvt W, Such, tenunaton shall rid rele a Cistafnr of Is. expense to that to Licensed Product(s) Wow moo-inifni ; obkoat.n to pay an fees that shore Wool or are atarwlte owed by or Gammor under Ankles 11, M IV and V, SoldM 10, Artde V, (III) Wroate the Agnerent a; R roi*w to time YA"Irl Sectors 1r S, a, 0, 1, 9(E) 11, 11(D) and 1)(M) onal tuvba Lkansae Predict Md r9wrm CuttOmers Ulai l he era the 1e1rilMton dins Agreernert. Irifer ln) Unrited ProduC4q In to evert that mother (1101 01 (a) Upon (smllration, to Licern to use the Software chap be ( AT reasxnahly haaMa. tmadletsty revcaed and In Unreal Product art fuppOrtmg (t) Sxbse,dior o (A) and (1) or the Section Jan W if" matons's roll be roturood to Edwards M9hln ton (10) day, or 0, Edwari Andres obVvllon to Customer with r/spon to eM datm destroyed Yd an e-davn suppUcd to 1.D, Edwards whir trip d wh:npem nil destnxtlon. (0) J.O, Edwards Jae dtlrnd and Indemnify Cv aner, As 10. PAYMENT emp''orees, ofncetS, dlndor; and Ill" from arch against 9 eatif (A) In Ecrhdderetlan for the Licm grernAd in Arike A, Cuetamer inch damages due to Injuries m porters p damage to red or will PAY to I.D• Edwards the License rase died An try Attachment he tarplbk pilm l property ltnmdmatsN Dosed ty j D. Eohnards tat Agreement Cusblmer agrees to pay smrny Pre Percent (75%) durhry the perfomarrl try ).D. Edwards of this Apreerwit of the tkanse fees upon time &Aet4on at w Attadunerl and to nawtver, Ihls indemnity sman mat apply to to aMfrit tot such rorralming twMty-li percent (11%) wV* 11 (10) day aster In)uty or ci nape A caused try Oratoma'A ohm replllini or wlINJ execution of &Kh k 1beftint mlKandun, (1) As carpervat in For perfarroi SeMces under Artde ID, er(rrp) 1 aim officers, Oppdss ar loge IIha2.11), gain 1 wrs the~~vfr0uss' rtreoli to M am the acE N hea t expor ami k i in ~tipn erd damules Out to O1R.Yes to person; or eamsge to m1 or or tnlrhtng at 1.D,Edwards' Id glee. Qntam rtne make ary hngible personal pubeM prbairnstdy posed by Customs diving Irhodule e~tingN for s4victt lhvG (o) wash 0 owes; creamMlds, the Perri ante of Imes Agreement. Howevm, this klemrity AtaP 1. D. EQw1rdl may cM'gl nor art It pnnot hV4diodule. 0.4"Or For IPPY ter the extent thM. such ILNry Of Eerrege A reused by 1 D. agrees to reimburse I.D, Edwards for IN teYOnabe out-of-pocket Edward s' o vn nogntarre or will miseonduetempeneea 1.D. Edwards kK4re n pre i Servkss Including, but 601 7. U1411110 LIABILRY nmRed to, transportation GeaLA altars, III voinkl , krdi meals, LUFi " e)IIIIII 10 COMPLY WITH THE PROPRICTAHY end InddenW eturgq, wands are relRftr%Wl experts. And rot On R:6li*S Olt b)TME INPiUNGEMENT INDENNITY PROVISIONS or 1.D. Edwxds' (01JI townih for to Services, If umdunfAMd CONTAINED tN THIS AGI MINT; Imaurb rwivn unpaid hoer Imply (30) day of rnors, 1.0, EAvards (A) IN NO EVTINT SMALL EITHER PARTY 61 LIABLE TO THE Ivy, at rids opcon, k" to p1~0'm adattlr,l senAea under Aroee O"li PF,RTY FOR A MONETARY AMOUNT GREATER THAN IA d t* AgrcemaM urn{ 9A eRleaeh0 are pad. THE TOTaI AMOUNTS PAID OR DUE PURSUANT To THIS (C) DJMMAr PIN PAY MOnW&)U Fees In ACcerdsmee VAt any AGREEMENT, AND Mill Womm Attachment ateni to Ord AppNment and J (9) IN ND [Vial 54ALL EITHER PARTY Be LIABI! TO THE rutcequamty K am All Charge The W Fiji gal be d1A 1 OT! IM P/ RTY FOR ANY LOSS OR )NXIRIES TO EARNINGS, wi Maly (50) dap of Inv4Wng by ),0, Edwards. V ClalUm'er b'1 PROFITS Oft GOODWILL, OR FOR ANY INCIDENTAL, SPECIAL to pent Mal Cana ice lees ).O, Edwards w14 nM no duty to 010 0 PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY PERSON OR (MCalnterana undue ktde N, ENTITY IV11111I ARISING IN CONTRACT TOOT OR KO) In aedgon 10 the charyn des undef thin Agreerniii and evem t OTHERIA E, EVEN IF EITHER PARTY HAS BEEN ADVISED OF ea~rneer anal III a tax mutilation names' or Affidavit of THE AGSS7 BILTFi OF SIICFI DAMAGES eye iryvon, Customer Chest be mAOnai for All teen pndudkq cafes, l knell THE LIF11TVIONS SET P04TH IN THIS SECTION SHALL APPLY Wn bad On ) 0. Edwarrds' naeldp one}im0~ l EVEN IF ANY OTHER REMEDIES rA1L OF THEIR ESSEMTAL Inks ell Soltwan, SeMce AM Mantena+4 pr*4044 ider this PURPOSE. Agmmerht, CMAndr I"a that If any of Me forepaing is paid by 1. ARSETfuIYION J.D. Edwxds. CuMOmer Was relmtwu IA, !Hardy Tor tw rheum All d'spudsl InvoNing tn~t Agrsememt, Ixapt amens a•IYll pprrld P1•M any forted exporter Inaxfred AM interest aeeeged. uril the ; Vent and copy, ii povisiors of the U.S. Cade, ID, lAvlbt kcip%NI Ind M640e lobllny fat the Paynhlrt of in ii-ell ba suerndad to l panel of lnraa (1) e'tllhatun topolnted empkrrer conbibuton and taeee measurod by Any portents to and opolli u^der the Uniform Arblbsu0n Ad Ind the IA, Edwards' eriNOpea, In ImA wen tut Customer Is requlmed by Cotnercle' Arbllrat,on Rules of the Amerkau Arbrtral on any wltmdd,np tax or Oder Antler law to didA My amount hOm Aseac'atonSucre pfrsl shal! Include only paraems with to amourts lie to 1,D, Crestsl under tlyl Apeerieft; CWmer yr`arrI In to arcs of mi'vrnatbn tecnrMlopy of eomputlr agrees let R eMl pay s YJPidari higher aRaunl to tat tee net sa "'t I-eels rig, 0114111ltan 01 ImpOprOM1 bon• Each party amoxee hceNed by It. Edwards oMr such vdtroldho /quo iii Aran choose one (I) arbitrator, and the turd littrator shall be wit invoiced. Ovilem by ate tw; (I) arb'lra Ala If 111:16 by tre Pli tot (s) 0johomlar Iprete to pay for aE yrhtmReaRd ameunta due order s kit"U n hwmg w'il be cOnndentd it ib lout-an will be t~a AgreM+Mt widJ'I lnlrty (JO) days arW to daft of Imoka chosen by Ina party rot rmtebng the srbitralon or III The Ojetamor $has forms tabr (30) days a the Imvdds date to conl y writleo daCiiiar of the lto Miators shall be fnel, lomiq and In gaol h'et tl lmMol AM klma charged. Paco due urhmntdted r h tDrol 6ls hl A reurl udgmant In any appeoprlate )urlickEion, omaumU wall bear Moans of One Ind one-falf Won (1%%) r A 9, ICIIM ANO TIRAINATION month front to sue date or to hlahat on Permed by law 1 ksl / j (Al IICMSI g,Mttd under tit AgwamMt Gal nr Nn In CFM (F) All payments name Nnumder are nbrrefundabN except M ' 0e,pii um'e A othenrree Iemkrtkd under this Section, RYONcli provided odemiral tin Mks "rip/ms. P) Culp-04 • ray terminate ill A 101prMt it art li upon thirty St. OMORT CONTROLI ,)L) days wl on note to 1 0. Edwads, iuL*i to aulseeuton (0) rd Cueblmer Wan mot eon IS.OO ft or Otharhltl lrlMmlt, dlroly of (E) ue'ow, E Weed to subaecttan (0) And Article tV, Srdjon th(e), Ind'mBY, any WA vere, krFurnatkm, daG, or drier rat"Is received Cuvtemwr ma' temtnate "do III or N of alp Agri Import what under ('him AgriYyMt DhCePt In Are tampMrwe alts AN Ul States An ID All 0 l License rA Ham V the Ali, ecnartAnd other sppndsbk k1 laws, and n0utaten9 Custerwf the CIFIIva`t 1900 I,D Ldwrea woe So" tinpry pre o1ra9 SwaMYrtYn10111 10 Esa,adl V NUr^C 41 OCt.29.1993 5:29PM J D E PUBLIC SERVICES APEA NO. 694 P. 18/23 AGREIMINT energy, deldrd end hold NMp M ID, Edwards Nom arty Iosy N'kg party, hhowever, W prymenl does rat Militia the odNr INbigb, cost r apenae (incifA rep r0extrable oil test) reutfd to petys rgh1 a rc11 u sister ryete m I former imp in Action ark Into from Customr'r stress to Carely w th tlw Neon, (ry Nerdrof pt ty FNf be IdbM for ty eofs or 7A 11, US, fE D(RAI GMILP MENT CONTRACTORS Tram b Mbrlb to wwm arty of b otPaabou under p e Agreerterit Tee Licensed N'oducts are provided to Cumomfr es a aorttmirdal Ram due to 1 rum" owww, or adlom or draees or gmeme" baCry itrrdN under the tend And mndaon" of this A2rearn t and Indudo not ft huh of the ameded party IForce Pra)eun E4rt7, A Fame rN Meta rte its MrOffe l I l to the prrtlic. The Custwa to I'A l Event Out not conall a breach of but Ag meoll Mt "ardet to permit dwmrY by AM egaray r offer pal of the the "M mete ed shit Ynewdl 04 Matta to ON other Dirty Federal kver,vnal that eaaedt In Any way tat uce and dleckmue of Mt Force flteure Ewalt. Upoin such nonce, at oblgatata of sir xis (1) mm mated to Customer In this Agreemorit or (2) provided in aryl prey under sae Fpnemo l ~ an rownibN heated to Far 11.2%1 (Computes kfRwera) Ord (fen Departfirmi of Donal use the face hgtjeure Event Ohl be Imatto y eulpi ded, end the r dltkture` Of AA 117,)1917 (%hta in Cemnrergal CornAular IFWW party " do "0"001% reasonably INDIANA to serene Software r i:omputr Software Docurtrntaton), wArhever sat of Pafa'nance u was as "ctiwbla, elated provldal m (t) or (2) an to more revtrkU've. If An apemry or `e) Cu"Mmur umemintards that 1.0. Edwards' business parehars In order pal of the Met l3c,"fYment has a rrad Ax Monte root T100nlrlda"r*st Ord, teem to ON OAArit bry ate adhere at conveyed Yndr this Agrwl it must nfgotare wth 1.0. EdwWdt Psrwnt to Mee IA, Won 7(C) of pray agreementt, Ed,rarda Y not table fa hr bound by any yes of such bj*m to n ring sm~~ IN 11' i tote fr uu It are e"tabl eppb4 f rtr a n AM,rcrt pi0cally mmvel NM rlghs moat G hrdudad h any (N) !t Any prOvlport of tr'A M.'Tc,nr 8 it Need to be "rd of correct betveen Of amm lawforaablt, a¢h do r cur a)rit rod allied the validity or 13. 6E VERAL m0waab+Ity or to Adreer art or any of trc rerrah dill prover o d. (A) the wNver of one breach M, vender Shat not constitute (1) BuO All prodded r,"subeectlat, set Aernirwtt mN not be the waver of any other of lutlacwt Draw, a"dpnad by dater pare aid are attempted Ndanmrx till be mild (1) All rote er 0111 be In writing end eltnar 1) sent by cartlNed however, III PBM fen y, upon wrfttm soda to tit Ww party, wlen Mali,pdvtil p,NAtd, alum receipt requerted of II)dtllverad tat Apiefol to ry r,We 1. D. Edwards may 6" the Ag see me I by courier to the address wrlmen above a such other ocli in the MM or tit us of lb or RAstirrit so of b rah (a r.+4Aly. 1: noUfrd in writing to the other party, Notke Oeir be U) Tres kriewpora rah De moored in "Warnal lid W%Inu demed to to trade on ate cilia received under I and date crour"rtt. IF a t urtorpoet shal be prepared In a hngwge W* del'ayd under Ip, than Engfah tie. the ron• Enplsh tourtal aMt be hat (C) This Al nment NNt bl the mast bask enwreaton of Me convenience only s nd stet net Iftl the pekmni or Interrthton terms and co d+toru under winch Me tronta deleted Inraoahns we of tide Aenenem lN&M, the achsnpt of a ruby tumod of geveimod. M Attachment to mss Agreamrnt She rrA9ry the kreenlert by ha t hether by sepsabely, exicM covoiffu or Ap ttlrnt ro tf extent of any crvfbS'n Mme. M Addendan "'Nl othervrtaa) that) be MM "no on ON PutW wth reaped to the r+ocrfy tMs Ai cement and any Attach mom homw to the ex1eM of arty emu a^ 0ndtoraa d die Agrotm nt. eonfln m oaTN. No amendment, modkkatore or eppiments m (IQ All Amounts stated In end Roble under this Agreanem chat M then Agrtament shat be binding unkm Yen vidbinq aid egret by me denominaed In UroW Srto Doter and Area be RAtae in ready pair". Tna n widty and 11*1 to td etchers d Mt AgrNrriont be hrfhdo h Un''Md States Delman to 1.0, k'warde' desIrifted United InoeHed fdr aminlnts Cleft and Mal not be f'eem ld a pre af, or Stabs bank Account Unless otervdne lamed to by to panW„ 1.0. aped tae ca shcron M Irhrpritil l a, r a Vchrmrd of this Edwrde milt mrn)ca at amaurd to CwCorMN 1 Iddrom IN; Rappa it Agwri on ANe Ott of this Aaraerren, Havrever, T•flnllo wa be bilk In (0) AI d sputes Involving the suh)aR maker of the AgraemArt, accordance Win tat NisCurrent barrtp)nddr*M4fr rt?aWto except actions arising under the pliant 1-4 eapyflght prov'raians edrlnryAnd loraborl ofTrunlrg, of Of U.5 rode shell be doermined under the law or tat IQ The parses hereto an lndapertdent r'alttrlaas lid ml~fw MM 5tete of Cc s•sdu wltnout regard to Its Eonflkl of laws err be empb,ie", dlreceol. Melts, or tdNAIa AMt Nab Ibelf out provl0cm Ifo amoi, tgerdla" of fort, rollang h the tub at to to or at" hes to he miclo ed of en Vert or org"y" or tlr pww W this AgrECrari, fret' be broul by esker Party Mao VJyn 0,10 paM. one (1) year after tie daimno pub knew or ►heuld have known of (M) Ners err party disk pub" anwa Or *40n Me trrnt Ara tae ceuu of 1` a e*l err Addri cond:21 d Mir Agreenr"e Lngpt Out 3,0, Edwards may rehr to (e) fad psne ackvb,Nedgef that the OMer pit" rp'oyi are ao der is 0rar a men wi cunbaon saki cars, uvstorrr Paul, Orbital to the aervrtrrg of b amomen. Each party till not to mluluy or ClMlrnda engage in erri of to other pony fur A (N) The parties agree Met Oil AgrAAlNnt M not tubed to are Oat plrfnd d dv (t) rromtt folb,\1rr,14 Wpol Log Mvdtmmt In not be itrpral by this tlnYed Natr.a Convertor on 0041110 the pertrnarr of t`J AprNnert. Should a Pany vitiate Mlr old tntematifAlSamsC006C proWlorb ON hir''tp platy well pay Me otter Party we hurdled (O) Arran pmdasel emi r *or khArument of Cuftarrr perce-1 (Mi ) or the ormtw O"ityee'a annual Nlay. W aeromprytj either M Attsdttntret to Mk Agn4nerrt V a Grmamer pny"rert ahel hems otter PartyI 1eo rematy WIF, raped to trio iW ane a~r Ofifti Nl~tl uN arty and A be n trap not Ap, mend Tills Agleam ens, In Ami ft terms and condltton/ end We Attadtnwrtte and Adder%* to a compk% and acWelw sto llemerk of the teprcarrtent betwelem tea paNAar wlddt eupenWee ON prior v concurrent prapaals and undreuMwNnge, tatladmor oral or wrltttmr, and aft other commuticationt beNtem the part"ralatt to the subJect M ttr of the Ate eem arlt, That AOfeanteltt aMN not be efract ve until exaKuted by Cudomar and accepted by an aratlt dzod repfwntWve All tdwards, y elmut 'n eer Irk t of r no N 1 altsd to omoGdare IN Heaton, flgmor cal,hB that apner is IvANonld to to" Me ,1! D ++1Mr1E.E kdp by Agreement on finer" of tummur. 1.0, Edwa 've u W _ll!!a! „ 110. IOWA CUSTMMIR A W if t u .(Ae dpuTw. --(1r err f) fire dAt~--__._.._.._._ r~t~R,a~i~et.------------ Cnpr+gk mete 1 ~EdW df Wt:M 9xua ter part' ~e%e' aJl99 Sr4enni"lee 7-0 tdna'Ol slier keits' r I I r~CT.29, 1999 5:29r'it J D E PUBLIC KQVICES AREA NO. 694 P. 19/i233 I~I~I ~~~1II~I III n~l ~I fll~ acts )Df■dWkrds' ATTACHMENT A/0 - LICENSED PRODUCTS ateraehnolmWay World5oftware"' i oraWoriv - sulba Pricing Denver, C*Wada Boltz custometr_ city of pentoin is #16557426 Address, 215 East MCKinnev street Derstnn, Te c 76201.4221 This A7admerA NO ('Attachment") to the (dleck on) ❑ Software License Agreement or :9 Software uwiusa, SwvUs and Maintenance Agreement CAgraomantj Is made end between 1.A Edwa'ds C10, Edwards' shed have the moanlrg sot"in such Agreement) and Cvstamer tt co%sl8er~g~h of their mtbal prorr115e6 end sub,+ect to Its terns and condWns. This Anedsment amends the Agreement doted OCIr °t uztomer "I to (check epprop~sts optlat(a)) 0 Gcaw; a*Dr ❑ upgrade the 1 number of .tensed Users for use on the Custorer System(s). The type of Licensed Rv&xh delh'ered to Customer Wit be based on the hanware p'atfb"(s) tsbed on page two and any Supplemental Sche Me (or each Supported Pla*rm speafed AS part of the Cmtom:r System(s), SubBM seRware Suites (3) Pra4rewsha (1) Ltarue Fie ®t F7ur'denn (3) 117,3QQ OQ 1 Fmnca' 1 2612LO 3 LfgYLWD~atrtbutkn 1,7 16SO9:lm D2 4 hanufacturlnp 1,1,3 16.SQO:QO 25 Fuman pl vLra Managntto t (d) l IA" d P" (516) U1. Qr 27 CAtXW Sent i! Management Synmtt raMS1 "KbdoW 1,2,7,4 Allow {j B E:s 1,7,7 Q 9 Pvjnt Managarra~t 1,7 1},;Qy,pjl NOTE: Nek na B)3.3 of OneWodd Indudes autta t through a. AddRlonet Sultan and ovellable In WorldgMtvasre orgy and not M loWse B73J of 0na`VwId, Software SAM 171 1~ VVdValorW(d) 1 Oil SrNm 1,23 Cl 17 Cmtnme Inro rw on fw em C aS) 1,2,7-11 _ ❑ 13 Tod' Sr1fM! fem O1 $14o.Z9G.Ofl use}rat]ees.i~v rimer ppI utt the s n. at =,ff ri ALI $6.141! x IN ■ $(a1=00 S.- x _ r a.. x _ ■ as Only- lee ptrr tusto'fW: s__ x $a tut -4,%i ■ Tote' So1%& -LkAW rou! $1902pp,td QltGaati R5L3fd.Olll net 9o1tw2rs dunce has eSZidGR CQ -rem E r sl].~ 01 70W This Attachment, Including its tams and conditlons end the Aprft= , Is s comp(ew Md exclw" startemant of the agreement between the partlaa WWII to Its subjact matter, and which supersedae all riot or concwmrt proposals and undenitandinge, whether oral or writhe, and all other communfeatloru betwwn the partles relating to Its subject matter. Notwithstanding anything to the contra In the Agroemstit, In the event of a conflict between It tls Attachment and the Aoftri , this Attachmnt shalt prevail. All other terms and conditions remain unchangai and are tatfled heweby, YW Attachment shall not be effsctira until executed by Cuttonw and accepted ty an authorized reproaantatlve of J.D. Edwatde, Fy C+ec,441, eq n CbLfel Nat yner Y a n7lted ta, IM?t e d 8y e+INt1aL Lyra tary~K Shlt dprr h $Leorw W OW1 INN acute vin i'.t1a vet Or tM d l.D na 'r ter ASLCNnertl an t+aVMar Cuftannr. i S.D Xcsjdi rn oa ur `~A J. D. I s CUSTOMER i i - , IMM Tip FxMl twrysA Mn~7 inwh "IrC~F'gLii.'On( l{ (~dRBr~► ~ tna Cady Aver toil 9910. Edwrrh ylatd Sarre Conoly Fage 1/2 W" At7Qlmar't AOD7S9 7.0 EC"Ods ~iAdanba' OCT.29.19913 5: 29l J D E PUEL.1C SERVICES PREA NO. 654 P.2029 ATTACHMENT A/0 - WotidSoftmrl • onewol GMs rip Locathn of Customer System(s) ~DeplO marl rperweer ~ S (e~ Lkmwed Users k 1 A By User Type T11 No 06s57926 IBM W6000/TBD I DC- C".1rent - E437 For ar dltlonal Customer sysTantt, If any, we "Stlpp}emrntal Tow UDSnsed use" (9) t r 100 Sch" Ie oT Customer Locatione rlocew T h4: Customer apm Dot, es oT the date of thK ASa3lment, Rs pro)tC l d the IoaDOr 0(0'e UC1m1SM Uws 9pel Ill Ill e0l (10): 3.D. Ed Me rdsEff6W + Cwtorner when LdaNdn: u o l1eM TTote ceTSad J D, Edwa 'tg V&W Sollarts Car-parry The Ame IMS l NaTh an0 South Amwlq acid the I.D. Edwa W Europa W. EOM+EA ( ~ EI~*cy~t, Wi, & M EE4:Q 100 % + J, D, UCW1 dS (ASIA Patlk) P.£ Lid ASa PdtlAi Toblt 100% NOTES s) Or9mrrar 6.46.1 Nall At ReOUred Per1AUNrus eL' MI eae, kersed SdtwMe &Al 0 b errtsty. FAIWR610 OCIl t AND :STALL PREFlQUTSRE SOFPWAA! Sur tf V4 LL VOID ANY AND ALL WAARINTIC1i (J) The Ormond CD u'ease 913.3 anliPA the A;mWrV "Mrs, M'maaR 1AMl Dplorer 4A7 eM Adobe Aaobn 3 02 whAs cad, here "Vldua'' red Lhd Ucerw Arrnrarb ur,Wlr ad wrl Vic owml Mll 191wi t tatbe Wpa N ! trademark d MIW,rdl Co,poAton. AAObe Aaobat 00 e a tnlerhark of Aduts Srstane, tn,ar,rorntd l DF OneW'Ork' Axlede 973.3 mraa In thlyd party mft fri wAld) are Copyiphbd And d!sMbutAd u'Wer A Imrae her : Por3ams Capynph; 1095.1997 VV060lt CaryOYI'dti P am$ WDypM ID9b1995 T1nD/try SdLvat, }rc, Paruol CapynpM iDS3 Pamp CArgpra(Iin. PPrtdra CWpw (k11097 OG Max Deve'Apraent All Rpne Rexe ed. Ti,e 7,A £JwA•dS I909pp1 rprsM!m dues ra Nude Prddueo peeroed from Q9N parJet (T) The Mvndahor Solhva•e Sulm rortaus C.P Oeewvrd TDdldt And N OA tOl EmtammM Ap6k t& ArMa WWk9:S 331, CAmmetr egrArs rot to use VIP fu WWW d V,e TeWdr d Todlbl Ind Dewlop-!!nt ErvArorrwM ApyCWan m deeeCD mm~r progrAr`y w"kr dDPlpet! yAth aPy JD Edwanu lk4rT6M PrOdud4 Guf6smt NaR k4mndy J 0. Words agtkst Any harm Or espense (hdA "g, what erll resorahle 43one/s fm) al at of AM ¢mputa progrArs P 11l sty Cwt" wil C! OrtWOrd Sdrk►, X D4'.elDdmlM Em,lrnmrJ ApplLYbn, NOTVfiHSTAND1Aq THE WARRANTY CON?N4CD IN TMe A'r7tElXM, NO WAARAFIFES M,l'7e "OUT THR ONeVV,.0 TALCT OR THE 1)041L36) l EMAI40ry4W AA%XATON WTLL GQaltAAT£ CLMDJt18l PAWAAM! WRH Tr6 CHARAC+9USTICS CA SPECRCATIONS DESDtEO By C16?,'7a',p9 pi T7VAT SuDI GENEMIED NMMER pAOCXaMS NRl19e CRROR FREE. 'a) TV W:nMSn t cut Sul! oduae soT 0 Ol Wrier Amtm m 1.0, "IM tly Sell IAArcs SePtMT b.V. 111E SW.AL SOFTWARE APRX111ON COr(TAOd SOTWARE P; )rf6TION PROCEDURES,' IF AN ATTEMPT 15 MADE TO S,NULTMED1SLV L14g2/TE MORE Cl OF TF£ RAWLL SOFTWARE AMJCA7WW THAN HAVE Al r1GPTl 1 04 SET AS A LIW P04 10 CAU, TESE PAOMAES WSJ. FM.'d,lT THE DWmrjM OP TV IIFUXONOteO OR A00TTI0NA1 COn!& DO THE SEAGULL SOPTWA,TE PRIVU71ON IS 60CUTED ON AN LPAIQ-14 O PROCESSOR OA V01 A PROCTSSOR DATE LATH THAR THE AV711ORMATION DASF. TK5E PROCEDtJgES Wilt ALSO F YMI THE EDQCUrION OF TQ Ill The low" woe f4 WQ W Vbar Out may nut PC ,eleaaed by J D. Ill Put IS PI lad In wsw by the PAM Dary AMY, V a 4:10W Co'WR'on In TP0 Ill Pt>rreldn Ie Inektl whr r1l to re trlyd party Wlndo, the WC1 cod! will ea 1II019ed P5 a, FOWAI A TNt I J.O. Eia l (SO 9001 79vVador dwf not k ck ere DvAd1 PCorled Pram VArd psum (S) Pp ml SLU & ure9 vAyRCLI*Alr to be "oxd dlraedy from Vertex SrtrsA Dk. far An WITIarsl M (6) THE ttta'OO1,0 KITYWR APaUCATXN B V(IM1O FOR USE IN TIC LX1,10 STATES OR CAM7A AFd) MAY NOT SUPPORT LOCAL L'Dt4JLVMEVT REQUIREMENTS OR j EHPLOrMENT I'RACmTilS WITHOUT MOO'rXA-:CNS V GUST OMER CAAADIAN PAYROLL AVAPLAM VOD X CUAIIa4A'1YE REFA';EI OF VFASIgy A73 3. V) LriYt,KE if PLYIV4. .1001l tf ASIDIDDIIlQI.l v CW6re Ikar WS Ad f irat SQ?hma*% k4m Cusams VA PAY dw BASS unr90 Fw IId M^! rroewl U+a• Pee+. AOdtara! LSan Tust Le HCr:laed w bll d Stn (19) user. tr Custer-w deoeases the ,umber d Llursed Wen th4n AAa9 N na NCR plvOr a rAMd p" Am tY Vztie rear AufAar dua err Cab. ;F) 6E'.L7E2CM.,Ll CVLCfIE3l)fAIiIJs IF In,Mwg Vr oneWard 5^4& 0.ttunvr f%st+de'R'V UN DAP oymeti 6t-vo•, WP! d sil Parkrn And rVar OF lkM Lea user ax tax d ex ew Ca4Pr w I'mu" And DePloy!'+eM knee, 6 Peminrg dv WorCIWRwere on Ar ASM70, Custanv must gersry Vs mxN, ksorA and lt*il gmtd a'4KP :51100 P' wPtr P! UGlrsk hk+~ In Ine7'Jtd Ir0 ds Rurtlbl'r b UClriod VsM L^SddltAd w,Ih a4N auCl Ay40D. (9) ~1J91y96:J9JL'fG4ON PRDCEDLRD~, THE C+FrfOALD 4XIl ED KOM" COY-AM PAOMUAES WAOM L14IT T+E "tNOM CF Dekoy)A MTE CA" L%:ZkM0 'ROD,ACT9 T.:UENT PC PLATFORl TO AN AMOUNT SPECt:TED AT THE TIME THE SOFTWARE PROTacTION COOS ('t!K')!9 Wil x;10) The krr arc, mlcled It mis swa! a arty Custmerl p'aJAd'on OF ire cal d b URrAPd Ill R Of rd WN Of Ae a DUW at sty! AdlomOVId. It vAF be AM S40 for is DrrDDSt DF 01CO Y OF the DOM F411 Ik MsartavYl FAIS Ic be 1'rvltld Pram UO OF the J.D. £dhAMI tn90d to CA" Aral dTdg*adk d 01 or rraxrq J.D. W vl,* rich. LA•.4s1 ac I" a7A4d 9D Oy ire pin", SAN of the J D. edwl'sl call We r4al (W A Slnpl Cantered mW* d,eN prnpora r Aare of 00161 Fen and a'y' assxated Malraenarce Fag (Dasd an Owe p roll Idol dP page erne) to CLemrt Addres e A appm an Page one of d!e A, al C, come may"ea*ad hem 9mfm Orel On Pal RR On" d AA lean ps amrad a wer the ludta Kai Merl n the Agreemax y III ose•Ty;e. ti A hConowrren' LIW PA:I oe de"All as A MWOub Wr AM Isdgoad "UI b' 1MIC PAS b1l In Ipplrbgr Conalred h a LOO P06LC Nnr Ilstugr a / • N nv% sdMUOn, east PT. or MCcr Adrd1l A UM Mf k WwnW A% I Cono'T41 Vat"the Well Para OR Ira rpoll rePlsrsl dlf IOrIY tea Or Al HOW SaIdCL0 30 (A i 470 Soy), MUIPe Cdrnr Ell Sell An the same oatorsr Sysmm Voting Irk 3MY `user if k l nom its amt woAAl ltlAn All Oe daurrad aF or/ c"MMT va lh er. Howes, Nall Irel'ad by ra `User d' Of, Mm's than OMA wervcttrary W IH PhI tPIP DAI'uW M• dl Ira amt 001rr,Joh, ftl 39 WWMad at mu'JC1Q CArcurrt l Tne WW Irtir or Carwent LJSev dmWtaneafy rang ITO Lkansw pwd * K Are"may Pat eclaw the CorynNt Lrecsed JW% T t PC "kW fly DO N"I SePrr(s) (AS +ekearced h NSA 9 above) w91 relad £s tall numdsr Lunen Users Aldghad to ds Oap+aymsnt Sr ear Sskl l bF e (EamDla CG=rhej W& 30 tono.rry (is" 0 Of tCM to xl 606 W SD d41O PC PWl One utter All prSlaOr), CIO- P Ecnard'YCo'0 J.nlla A 11 Wurfd Sourer Canpary Pape 212 04N9 Attechahent A00399 t l c. i OCT. 29.1999 5r30PM J D E PUBLIC SERVICES PAaA N0.6S4 P.21i23 ili 1111111 mbivAirds- ATfACHMENTT- UAININOEt IDMTedw 11Wo" DOCUMENTATION APPLICATIONS colorade an? Customrx_ dtv N Denton AJB #t;SR7t1~R Address 215 East MdOnm Skmd JD,entom TX 76201-4224 This Attad ment T (•AttachrwV) to the (dredc on) ❑ SA"re License Agreematt or 0 Sditwere Lkenaa, Ser*m and Wnbonmx Aomwat CApreemann Is made by and between )A. Edward, World Solutions Company, 3.D. Edwards Europe, Lt I. and 3.D. Edwards (Asia Padfic) Pte. Ltd. CIA. Edwards') W Cusbornar in manual promises and subject to is rums and oortdibm& This Attadtmmt amends the Agreement doted AA;C"" notes are en Page Two, Software Evit a (lleammad Products) (1) Tote( Software Lkwm Fee M 1 ).D. Edwards Custom User Educa0n SuU Base (i c*xd OneWyt) ('CUE Sultel 4OO.gf1 2 ).D. Edwm Custom User Education Suite - CST toglstkyDtstetutfon $1=m C~ 3 ) D. Edwards Custom User EdutaDon Suite - CST Manuh&ft S, Net aeftware lkenr rem taxes nod 6g.SQ Tohl Due alJL~~ The CUE ; ulte is mmprlsed of the Custom E+ocumentatlon Tod and Computer Based Training (.BT) Not al Tier 1 languages are available for certain comporarts of the CUE SWte, please emit published product kuforTrWw for eva'iablity )f languages. Ozinmer Is licensed for and may order a suA'Sdent number of Copies to reasonably support is Total Licensed Users aocessing Gx World and/or OmWorld UceLW Products pursuant to the Agmernent This Attadwnent including Its terms and nxNtons and the Apreem rk IS a complete and Wudw shtartant Of the 89 e n m between tht parties relating to tc subJed rnstter, and who supersedes an prig or mr m" pmposels and understandinK wtieher ord or written, end all other oammunicadorv between the parties reletirg to Its SuWed; matter. khvN%b~mdnp enYtnlrg to the contrary In the Agremrnant, In Cwe event of a =64 Wbreen ft AttedwMnt and the Agreement, this Atturxrlent shall prevall. An eater terms ens cond bom n?K Wn undw wad and arc MW hmeby. This Amdtmett shal not W eMe4We untl rxmAir! by Customer and accepted by an authatred represent*m of 3D. tdwards. q e~racute Mc s~pA.tttidcerwhamceert't on't etr'a'& of 0, Edwards. ma this At adt rrt on behalf of 99tornera. ed to Accepted bi tAil >i 9 Plea elective at of s o COMPANY J. D. EDW rlt TD, 3.0. EDW/ ilti= 3.0. E FI LTD. CUSTOMER SYw an i Vice Presldent & General M61169er " Ae f1~ t S.d ` `M D.ldwr W* M 5ftmC*Prq r tint 1/3 061" Attachmen! T069G r. OCT.29.1999 St3OPM I D E PUBLIC SERVICES AREA NO. 694 P.22/23 ATTACHMENT T Noted j (1) The `Ua!nsed Products''' Lndude the CUE SuPA any Software Updates pro, pursuant to MalnEerwnce senicss, ttie mesa on whlrh they are de]N W, and arty amooated dacrrner!ta X oustorw fern m aosss to the CUE SuRe for am b Lkensed Users. A "Ucensed LW Is a User for wt>rh a Ikenae fee has bear paMd (2) THE WORLD AND ONEWORLD COT RVUCT CERTAIN RINCTIONALITY CONSISZW WITH SPECIFIC RELEASES OF THE I. D. EDWARDSI WORLD AND ONI WORLD SOFTWARE. USE BY CUSfONER OF THE LICENSED PRODUCTS WITN INOONS(SW RELEASES OF THE I.D. EDRAAOS SOFTWARE MAY PRODUCE BIODNSISTENT RESULTS. 3,D.EDWARDS SHAU. NOT PROVIDE ANY OORRECTION, DO MVCfMENT OR REBIND OF UmNsE FEES REQUESTED BY CUSTOMER UNDER THE WARRANTY SECTION OF THE AGREEMEII TMAT RELATE TO THE USE BY C JSMMfA OF THE LICENSED PRODUCTS IN OONWNCnON WITH INCONSM7W RELEASES OF THE J.D. EDWARDS SOFTWARE, PLEASE CONSULT THE PUBLLSMED ~ PRODUCT INFORMATION FOR THE AVAILABLE RELEASES FOR THE CUE SUITE (3) THE CUMM DOCUMENTATION TOOL MAY CREATE CUSTOM DOCUMENTS WITH IMPERFECTIONS IN LAIOUT AND FORMAT WHEN COMPARFO TO THE ORIGINATING I.D. EDWARDS DOOJMWrATION. CUSTOMERS SHOULD RI_YIEW Ti,E CUS OM DOCUMENTATION TO ENSURE THAT ALL FORMATTING AND EMBEDDED TABLES, ETC, HAVE BEE'd CARRIM OVER INTO THE NEW CUSTOM DOCUMENT. Gapyr!paht 1094 ♦w J.D. Edwudl Wand Saaroo Crowiy 7A. [OwaMi CcMburtlal Ada 342 06/90 AgkhrwM "M tir : r t 1 1 I ' I 6 CrT.29.1993 5:3OPM 1 D E PUR.IC SERVICES AREA NO.6ll9114~NI ``P.23/23UU Ig' pHpH IlIVI14 ~lil~ NII MI nl~ DFduardSa ATTACHMENT U one tedtnelaoYw.y Maintenance Services Denier, co mdo SOW custonmr- eityof Denton A/B06S57926 Address-_ 215 East 14clOneuy Street Denton. TX 762bi-4229 T-0 At bMmre is made by and betmm J. D, Edward, ('7.o. Edwards' Au11 twe the rr" ed fords A Rre Apemen,) and Cur:ornr In d Celr mutuai p~orr115es and tub)rxi to Its Oertr6 and cord~p~s this Attadrnerx and amends the ib dte ( one} Soft lm Urew, SWAM and Mairtenanoe Agreement or E) Mdimaww AWeanwl ("mern dated S 9 . as hAIOMS: Melntenmes Nervieft - 1.D. Edwards shat Provide m Qtsmmr, aAjed to ttk tats and m0dore of Ce Agreernen% Ce Makta4w srMres it lord bd6w.. Start Data: upm,,,,_,_. Period of Comet 3 resr(c1, The PVW of O=jsae b6tf upont~t d,fie Lb:ved Pnd.,ds to the flrr, dt9gnated r a. may not elect to ockt o tar of Te tlcaaed Prodc s or Uunse s Rom tns WO aamm Oitl em period or Casrage. Die+ng Me Period of Coveape. Cue ww wa be baled add WW MdAenana face mUWV Rom ft addrean of lkevad Lke;j or a Ctanpe to P:erMr Mah*wincv. Pa ste Cuat xrer agrees to pay the fees spoofed bear whin t rq Cam) drys of Ovtlft J.D. rte. Urea= anodes W Irthe pats wmhst nods no ka to u tM N Ci0) M1s Dno to the end a1 nv Padod d Cc arse !ha Ap eemd t and bas Ptrbd of fLvsrage eep aamrnerimM for one (1) rear at the v an Daront prim. ExisOn6 JA Fdwsrds CwWwars Only: For edsdng DAvrem com.Arg W Wte Pitt Mardenana Fees A in no evrn be twat than rw Malntevnrr frt: undr your Pewate pndng strw.tun your "Wrttenante fee Bast You Mantonana Fees we OW the Om as me Mairremanae Fee am urlm and , mN you ikerm vffQwt users rare Pidr9 (or Lrd JA ~ Edwards Nd Pna for Matnxnanca $A PrWg vo"A s) so Met the Suite Mah+knent! ices deed the MainNnarioC Fa Ease. D Cat Deus, You wfl tb then DF'ed ibr Mahkvnce tM I on year ruibei d Users under 5uRe Matntrt=L Select Tyyppee - IQUJ~ StarAlard Maintenance Fee PItE1,fiER Mainbnance Fee Re•lr itiatJon Charge; Malntenence Fees (For VV PvW of Casrage) User type Ueensad: Cane rrcM Mein enanceFees: 144 X }599 ■;fiA6G0.44 (mulmbar) of Lkenred ` User) ar Liceiwd j user type Uornseelt Malremnam Fm: X (Nu 6 )Ofuceme Q ( parLicensed Umm User ryps Llcenud: ) Mai nfenance Few X (Nu b y Licensed li ViperUmrwd Cis C NLYt MnIMEnanee I (N umW-or x NFN par customers) cuetonw) SATOTat Lxemol s_ Total Maintenance Res; ;4$m,QQ See Addendum forCfefledon] Thls Attadxnent Indudry at terms and ay dldom and Da Agrmnent, It a compkte and a mNi ataaarknt of the agreement Womn the oartle.s reating to b e: b)ed n2ncr, and whkh supasedes etl poor or Wll JT" Proposals Ard W*rfranolV, M)ether oat or wrStlen, errs am cummun,cr.;one tttww Ce pa des rtla rig b ns rutht meter. NoMfCrste artydt to She DN1tra:1' In theApner'W?% in Ma evert of e he eh bttmw T)ls A~to)ment~sv r otabee effects u~id a N ls~ A bey CCuuftrww end Amtedteedl by m suu t rued rnpresanfatlre of eA 1A Wwardtand are nrDAed f to tat W A eutho to acne and By execuUL slprer carafe nut dgntr is audtd-M td exmts tnis an of ~D. 4 . Accep by A Agreement on behal of QeNner, y JDW ~yy~ 9IfiUtlfar rpm re. esident General Manaper AW _ Copyright :9961 D, Cwhradr World So,m Company Page l/l OIN ATTAQMENT U 12M J.D. Bdwardt CorrEart0' 1 M IIIIlII IRII ll~l 1111 111 IN e ddwaMs- ADDENDUM One Technology Way Denver, Colorado 80237 Customer City of Denton A/8 #6557926 Address 215 East McKinney Street Denton,Texas 76201.4229 This Addendum amends the Software License, Services and Maintenance Agreement, (`Agreement") dated , by and between J.D. Edwards ("J.D. Edwards" shall have the meaning set forth in such Agreement) and Customer in consideration of their mutual promises and subject to its Terms and Conditions as follows: ARTICLE I, DEFINITIONS, Section 1, Accessory Software is amended to read as follows: "1. Accessory Software Software products awned by third parties delivered with the Licensed Products but which are subject to a separate license agreement." ARTICLE I. DEFINITIONS, Section 14, Period of Coverage, shall Is amended to read as follows: "14. Period of Coverage i The time period during which the Maintenance services shall be available under this Agreement. The initial Period of Coverage begins at the completion of the Initial Maintenance Period." ARTICLE I. DEFINITIONS, Section 20, Software Update, shall be amended to read as follows: "20, Software Updates Program updates and ne'v system versions and releases provided during the Initial Maintenance Period and any additional Period of Coverage.' ARTICLE I. DEFINITIONS, shall be amended by the Insertion of the following new Section 22: '22. Initial Maintenance Period The four (4) months following delivery of the Licensed Products to Customer's first designated site during which Maintenance shall be provided to Customer at no charge' ARTICLE 11, SOFTWARE LICEN iE ("LICENSE"), Section 1, LICENSE GRANT, Paragraph (A), 1" sentence is amended to read;As follows: "Subject to the terms and conditions in this Agreement, J D. Edwards grants to Customer a non-exclusive, non-transferable, perpetual limited license to use the Licensed Products on the Customer System(s) specified on an Attachment to this Agreement" f , CWryt J9" J Or Edwanls Worw yarn Canpry Pepe 1!J 1ZM A08du0124 1 D. edwards CwAdefW J 1 t' r: ARTICLE II, SOFTWARE LICENSE ("LICENSE"), Section 2, LICENSE USE, Paragraph (C), S"' sentence Is deleted in Its entirety. ARTICLE tl, SOFTWARE LICENSE ("LICENSE"), Section 3, THIRD•PARTYACCESS, last Paragraph, Is amended to read as follows: "in consideration of this grant of access by J.D. Edwards, Customer agrees to take all reasonably necessary steps to Insure that the Licensed Products and the trade secret, proprietary and/or w6dentiat information contained within the Licensed Products are not disclosed under this provision to any person other than the entities described above who have a need for access and use as provided above, Prior to providing such access, Customer shall secure such third party's execution of a J D. Edwards nondisclosure agreement covering the Licensed Products. ' ARTICLE rV. SOFTWARE UPDATESISUPPORT LINE, Section 1(C) shall be deleted in its entirety and replaced with the following: "(C)Support line services shall be provided In accordance with J.D. Edwards' Support Line policies in effect at tha completion of the Initial Maintenance Period and at the beginning of each annual renewal of the Period of Coverage. Fees for reinstatement of lapsed Maintenance services shall be charged In accordance with J.D. Edwards' policy for reinstatement fees In effect on the date of such reinstatement." ARTICLE V, GENERAL, Section 2, MUTUAL NONDISCLOSURE, Subsection (v) is deleted In its entirety and the following Inserted in lieu thereof: } "(v) Its disclosure Is required bylaw, valid subpoena, or court or government order, Customer agrees to notify J D. Edwards of any such request for disclosure and the legal bases requiring release and to cooperate with J.D. Edwards to enable J.D. Edwards to seek any tegal or equitable remedies it sees fit at its own effort and expense " ARTICLE V, GENERAL, Section 3, WARRANTIES, Paragraph (A) is emended as follows: "period or six (6) months" is changed lo'period of twelve (12) months." ARTICLE V, GENERAL, Section S, EXCLUSIVE REMEDIES, Paragraph (A) is amended as follows: Each occurrence of the phrase'six (6) months" Is changed to "Twelve (12) months" ARTICLE V, GENERAL, Section 6, Paragraph Is amended to read as follows: "J. D. Edwards shall Indemnify, defend and hold harmless Customer from and against any claims, including reasonable legal fees and expenses, based upon Infringement by the Licensed Products of any United States copyright, trademark or patent, or any ither Intellectual property right. Customer agrees to notify J.D, Edwards of any such claim f promptly In writing. Customer agrees to cooperate fully with J.D. Edwards during such proceedings. J 0. Edwards shall defend and setle at Its sole expense all proceedings arising out of the foregoing. Including the procurement of suitable counsel for Customer's defense. Customer's choice of counsel independent of I.D. Edwards shall not be copynghl 1998J.D, Edxardsw71ds0u C*rnW1 page l/r i!l98 ldJuAnl29E 1 D. Edwards Ca~ t I I I unreasonably denied, J.D. Edwards shall have no liability for any claims of infringement that are based on 1) a modification to Licensed Products, U) the use of a prior or modified release if the Infringement claim could have been avoided by the use of a current unmodified release, wherein J.D. Edwards has notified the Customer that the current release precludes the infringement, or lil) upon a use of the Licensed Products In a manner not contemplated within the Published Product Specifications." ARTICLE V, GENERAL, Section 6, Paragraphs (0)(1) and (D)(tl) are deleted In their entirety. ARTICLE V, GENERAL, Section 8, ARBURATION Is deleted In its entirety and the fallowing language inserted In lieu thereof: "This Section governs a iy and all disputes, disagreements, claims or controversies between the parties arising out of or relating to this Agreement or ils breach (the "Disputed Matter"). Except for the matters specified In section D. (1). (ii), and (iii), below, all Disputed Matters shat) be submitted to the following dispute resolution process: (A) WenialMedial lon. First the Disputed Matter shall be refemedjoinhy to Customer's and J D. Edwards' respective Vice Presidents with operating authority over the Disputed Maher or such other senior executives as maybe mutually agreed upon by the parties from time to time, If such executives do not agree upon a decision within ten (10) day after referral of the matter to them, the parties shah proceed to the next stage of the dispute resolution procedure. (B) Outside Mediat on. Either party may, upon written notice and within ten (10) days after the conclusion of Internal Mediation, elect to utilize a non-binding resolution procedure whereby each prr+sents its case at a hearing (the "Hearing") before a panel consisting of a senior executive of each of the parties and a mutually acceptable neutral adviser. If a party etocts to utilize outside mediation the other party agrees to participate. W The Hearing will Occur no more than ten (10) days after a party serves written notice to use outside mediation. Each party may be represented at the Hearing by lawyers. The locakn of the Hearing will be chosen by the party not Initialling the mediation. (ii) If the matter cannot be resolved at such Hearing by the senior executives, the neutra; adviser may be asked to assist the senior executives In evaluating the strengths and weaknesses of each party's position on the merits of the disputed matter. Thereafter, the senior executives shall meet and try again to resolve the matter. (iii) If the matter cannot be resotvod at such meeting, the parties' only recr,urse is binding arbitration as provided for herein and the outside mediation proceedings will have been without prejudice to the legal position of either party. No arbitration may commence concerning the Disputed Matter until fifteen (115) days have elapsed from the first day of the Hearing, (Iv) The parties shall each bear their respective costs Incunad in connection with this procedure, except that they shall share equally the fees and expenses of the neutral adviser and the costs of the facility for the Hearing. (C) Arbitration. If the Disputed Matter Is not submitted to outside mediation or, if submitted, cannot be resolved pursuant to outside mediation, then either party may within ten (10) days after the completion of inside or outside mediation, as appropriate, upon wrihen notice, submit the Disputed Matter to formal binding arbitration. 0 Al disputes Involving this Agreement and not resolved in steps (1) and (2) above shall be determined under the law of the State of Texas and, except as set forth i Wow, shall be submitted to a panel of arbitrators appointed as stipulated below and ~ r operating under the Uniform Arbivat;on Act as adopted in the State of Colorado and the I procedural rules of the American Arbitration Association. j Copr)gN 199E J e ECwards WoM 5ourte Cnmpa+y page V1 JZM A**ndU 1298 ' 1D EdweAS CadUerAef I I L v: (;i) The location of the arbitration hearing will be Dallas, Texas or Denver, Colorado and shall be chosen by the party not Initiating the arbitration. (iii) The parties will faithfully abide by and Worm any award rendered by the arbitrators. The written decision of the arbitrators shall be final, binding and convertible to a Court judgment in any appropr;ate jurisdiction. (iv) The Disputed Matter shall be submitted to a panel of three (3) arbitrators and such panel shall include only persona with computer software industry experience. Each party shall choose one (1) arbitrator, and the third arbitrator shah be chosen by the two (2) arbitrators thus selected by the parties. (v) Customer and J.D. Edwards agree that any cost associated with the arbitration, Including the administrative fee of the American Arbitration Association, any arbitrators' fees, any legal fees, and the fee for arty stenographic record of any hearings in this arbitration will be paid by the party not prevail'u1g. (D) Neither party will Institute any action or proceeding against the other party In any court concerning any Disputed Matter other than: (i) a request for injunctive relief to hail violations of a party's obligat ohs of confidentiality; (ii) any action based upon or arising out of a violation of J.D. Edwards' Proprietary Rights; (iii) any action based upon or arising out of a violation of a part's copyright under Title 17 of the U.S. Code; or (iv) the entry of a judgment upon or the request for injunctive relief in support of an award rendered by the arbitrators pursuant to this section.' R ARTICLE V, GENERAL, Section 9, TERM AND TERMINATION, Is deleted In its entirety and the following language is inserted In lieu thereof. '(A) Effective Date. This Agreement shall commence upon the date executed by J.D. Edwards and shall be a perpetual license as stated in Article 11, Section 1(A). (B) Customer may terminate this Agreement at any time upon thirty (30) days written notice to J.D. Edwards, subject to subsection (D) and (E) below. Subject to subsection (D) and Article 1 IV, Section 1(B), Customer may terminate Article III or IV of this Agreement without terminating the License portion of the Agreement. (C) Termination. Each party shall have the right to terminate this Agreement and the license granted herein as provided elsewhere in this Agreement or upon the occurrence of either of the following events (an "Event of Default"): (1) the other party violates any provision of this Agreement; or (ii) the other party. a. lerminates or suspends its business; b. becomes subject to any bankruptcy or Insolvency proceeding under federal or state statute; C. becomes insolvent or subject to direct control by a trust, receiver or similar authority; or d, has wound up or liquidated, voluntarily or otherwise. In addition to the above, Customer may, at its option, and without prejudice to any other remedy it may be entitled to at law of in equity or otherwise under this Agreement, terminate this Agreement by giving at least thirty (30) days prior written notice thereof to J.D. Edwards (C) Notice and Opportunity to Cure. Upon the occurrence of an Event of Default, a party shall deliver to the defaulting party a Notice of Intent to Terminate that Identifies in detail the Event r of Default. If the Event of Default remains uncured for thirty (30) days, the party may A terminate this Agreement and the license granted herein by delivering to the defaulting party a Notice of Termination that Identifies the effective dote of the termination, which date shall not be less than thirty (30) days after the date or delivery of the Notice of Intent to Terminate. { Cm,Vrt 19481. D. Edwards World Sourte Company Oa,1e eh 17/9A Addr,6,miM! 1.0 . Edwards Cc,**mal I r I 3 (D) Procedure. Within thirty (30) days after termination of the license, Customer shall return to J D. Edwards Licensed Products and all copies thereof or delete or destroy all copies of Licensed Products' (E) Upon termination of the License Agreement, the Llcense to use the software shall be Immediately revoked and all Licensed Products and supporting materials will be returned to J D. Edwards within ten (10) days, or destroyed and an affidavit supplied to J.D. Edwards certifying destruction, ARTICLE V. GENERAL, Section 10, PAYMENT, Paragraph (A), second sentence, shall be amended as fellows: j "Customer agrees to pay ten percent (10%) of the License Fees In the amount of $60,340 upon execution of this Agreement, and any Attachment attendant to this Agreement, and the remaining ninety percent (90%) of the License Fee In the amount $543,060 on or before November 22, 1999,• ARTICLE V, GENERAL, Section 10, PAYMENT, Paragraph (B), is amended by the addition of the following, "J. D. Edwards agrees that charges for all out-of-pocket travel and lodging expenses shall be made in accordance with J.D. Edwards published Travel Policy as provided In Exhibit 1. Any changes to the rates presented in this Exhibit 1 shall be subject to review by Customer." 1 ARTICLE V. PAYMENT, Section i0(C) is deleted In its entirety and the following language Is inserted in lieu thereof Attachment attendant to this Agreement n and i Subsequently as an anntual acharge. Maintenance first payment shall be due at the expiration of the Initial Maintenance Period. If Customer fails to remit Maintenance fees, J D, Edwards will have no duty to provide the Maintenance services specified under Article IV." ARTICLE V. GENERAL, Section 10, PAYMENT, Paragraph (D) is deleted In its entirety. ARTICLE V. GENERAL, Section 13, General, Paragraph (D),1"sentence, h amended as foltcws~ Change "Stale of Colorado' to "State of Texas" ARTICLE V. GENERAL, Section 13, General, Paragraph (E) is deleted In its entirely ARTICLE V, GENERAL, Section 13, GENERAL, Paragraph (I) Fs deleted In its entirety and the r following language inserted in lieu thereof: A. i "Neither t- Customer nor J.D. Edwards shalt assign or otherwise transfer any right of interest in this Agreement, In the System, or any of components of the System, in whole or In part, to anyone, including any parent, subsidiaries, affiliated entities or third parties, or as part of the J.0 It"M" 1990 rco soeme wau sw or C^e+m Pap 511 slue A&*amuse f I t r f i i sale of any portion of its business, or pursuant to any merger, consolidation or r:.xganization, Including by opcraiion of law, without the other party's prior written consent. S. ,,i consent shall not be unreasonably withheld' ARTICLE V, GENERAL, Section 13, GENERAL, Paragraph (M) Is amended by the addition of the following new language at the end of the Paragraph: "J D. Edwards and Customer acknowledge that Customer is a public entity and may be required to disclose the contents of this Agreement as a result of a Public Records Request. Customer may disclose the contents of this Agreement in response to any such request which strictly Idlows the statutory requirements and procedures goveming such request." ARTICLE V, GENERAL, Section 13, GENERAL, is amended by the addition of the following new Paragraphs: Remedies. Except as stated in Article V., Sectior ° r right or remedy granted herein or reserved to the parties Is exclusive of any rip,1 or remedy herein by law or equity provided or permitted; but each shall be cumuloilve of every right or remedy given hereunder. "(0) Construction of Contract. Both parties have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the Interpretation of this Agreement," i "(R) Read and Understood. Each party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms. ATTACHMENT AID, Note 7, last sentence is amended as follows:: I For clarification, NOTWITHSTANDING THE WARRANTY CONTAINED IN THE AGREEMENT, NO WARRANTY IS MADE FOR COMPUTER PROGRAMS GENERATED BY THE ONEWORLD TOOLKIT OR THE DEVELOPMENT ENVIRONMENT APPLICATION FOR WORLD SOFTWARE. HOWEVER, THE STANDARD WARRANTY CONTAINED WITHIN THE AGREEMENT SHALL APPLY TO THE ONEWORLD TOOLKIT AND THE DEVELOPMENT ENVIRONMENT APLICATION FOR WORLD SOFTWARE. THIS ADDENDUM, INCLUDING THE AGREEMENT OF WHICH IT IS A PART, IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, WHICH SUPERSEDES ALL PRIOR OR CONCURRENT PROPOSALS AND UNDERSTANDINGS, WHETHER ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS ADDENDUM. Notwithstanding anything to the contrary in the Agreement, in the event of a conflict between the leans and conditions of this Addendum and those contained within the Agreement, the terms and conditions of this Addendum , shall prevail. All other terms and conditions remain unchanged and are ratified hereby. 1l~t Co,YN; 19" J b. EdwardS word SWteCa my Page an 12/9l/dderd~ IM J D. rdwads GnMen0a1 c: u OCT.29.1999 5r24PM J D E PUBLIC SERVICES PREA NO. 694 P. 10/23 THItf ADDENDUM SHALL NOT BE EFFECTIVE UNTIL EXECUTED BY CUSTOMER AND ACCEPTED AND EXECUTED BY AN AUTHORIZED REPRESENTATIVE OF J.D. EDWARDS. By e,iec4w. sryner oerfi%l Ihsl spner Is euthoted BY 6*W-4- i0n. dpner 060" Zhu 410W, Is erpt end ewmte INs Apreertre it on beharr of suthorhad to asouto this Agreement on beaM 1o u J.D. Edwards. Acne ~oYY J.D. EdynrtN snd of Customer. eft6fve of of J.D. EDyy CUSTOMER le-p W Allen inder ^ Y P --nt 3 (3eneral_~]e0or - V~tE Arbitration agreed to by. Arbitration agreed to by. Attorney for J, D, Edwards Attorney for Customer i cxinc K s9oe 1 b. EeMra~ wo~a wvnx wrprv taa ~R sL+e wee,o-nala 2.0. Ea vm CoftAW DUR G t! OCT.29.1999 5 24PM I D E PIaIC SERVICES AKA NO. 694 P. 12123 EXHIBIT 1 J,D. EDWARDS RATES FOR FMWURSABEE EXPENSES EHecom Jov 1, 1 ON MILEAGE Travel to and from Customer's she in J.D. Edwards' or 10, Edwards' employee's or Authorlxsd ANillsts's own vehicle{s} will be reimbursed at the maximum rote allowed by the Internal Revenue Service HOTEL ACCOMMODATIONS If overnight lodging is required, hotel accommodations will be faimbursable up to one hundred ten dollars (41101 per night, plus applicable texas. This rate Is slightly higher in h,aweii, New York, Boston, Seattle, San Francisco and intematlonelly. MM ALLOWANCE 11 in overnight stay Is required, a per diem mail ollawanes of up to thirty dollars 14301 per day, per person is reimbursable with reeeip% This rots is slightly higher in Alaska, Canada, Hawaii, New York, Puerto Rico and Internationally. RENTAL VEHICLES H required, rental vehicles are reimbursable up to thirtynlne dollars (435,001 per day, plus g 1solin s. TOILS AND PARKING FEES All tolls end parking fees ere reimbursable. AIRFARE Round-trip, coach class abfers. NISCMANEOUS Rassonable miscellaneous expenses which era Incurred and which relate to Services psrformad by 10. Edwards of Its Authorised Affiliates for Customer. Tats above fetes are subject to sarnl-amens sdjustmeM each Januery 1 and July 1. A. r I c I , i` f AOend+No._ r Apeoda NW-4 AGENDA INFORMATION SHEET Dais AGENDA DATE: November 2, 1999 DEPARTMENT: Police CNN: Michael W. Jez SUBJECT An Ordinance authorizing assignment pay for any PuIice Department employees who are also assigned duties of a general administrative nature in the City Manager's Office andlor the Police Chiefs Office; and providing an effective date, BACKGROUND: According to Section 143.042 of the Texas Local Government Code, "the governing body of a municipality may authorize assignment pay for fire fighters and police officers who perform specialized functions." The amount of the assignment pay and conditions under which it is paid must be set by ordinance. It is the desire ')f the City Manager and the Police Department to provide the opportunity for management development among its employees. This development would include the temporary assignment of police oli icers to administrative positions within the Offices of the City Manager an&or Chief of Police, The purpose of these assignments is to provide training and experience that would be useful in future leadership positions in the Police Department. These assignments are intended to be temporary in nature and, therefore, would not exceed one year. The proposed Ordinance entities a police officer to an additional $200.00 per month and would comtr:nce on the effective date of the assignment. Such assignments would be made in the interest of management development based on the employee's education, training and interest, as well as the benefit to the City and the Police Department. 1 OPTIONS 1. The Council can c to approve the ordinance and provide for assignment pay in the interest ofman ..1cntdcvclopment. 2. The City can choose not to approve the ordinance, REC0J1MENDATION The Police Dopartment recommends approval of the Ordinance as compensation and ; t incentive to police officers who have a desire to develop management and administrative skills. Such development will be of great benefit to the future of the Police Department j and the City. i t . J t, r PRIOR ACTIONIREVIE%: The proposed Ordinance was prepared and approved by the Legal Department. FISCAL hti'IPACT: This Ordinance would have a fiscal impact only in the event that a police officer is assigned to an administrative position that is eligible for such compensation. This assignment pay is not expected to be of such a great amount as to have a significant fiscal impact and funding should be available in the current Police Department budget. k Respectfully submitted, V N.071) Gary L. Matheson Chief of Police Prepared by: ani usewright UaP rt Operations Captain .1 r r~ Al f o 7 I i r L g ii i V, jhara&ptlWow DocummtslOrdinances\99Nufgnment Pay7,doc ORDINANCE NO. I AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR ANY POLICE DEPARTMENT EMPLOYEES WHO ARE ALSO ASSIGNED DUTIES OF A GENERAL ADMINISTRATIVE NATURE IN THE CITY MANAGERS OFFICE AND/OR THE POLICE CHIEF'S OFFICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 143.042 of the Local Government Code authorizes a municipality to establish assignment pay which is in an amount payable under conditions set by ordinance; and WHEREAS, the City Manager and Police Chief have recommended that any Police Department employees assigned duties of a general administrative nature in the City Manager's Office and/or the Police Chiefs Office should receive assignment pay of Two Hundred Dollars ($200.00) per month; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECTION 1, That any Police Department employees assigned by the Police Chief to perform duties of a general administrative natu-e in the City Manager's Office and/or the Police Chiefs Office shall receive assignment pay of Two Hundred Dollars ($200.00) per month in addition to their regular monthly salary. SECTION 2. The officers assigned to these duties shall continue to report to the Chief of Police. SECTION 3. Any police officer assigned administrative duties in the City Manager's Office and/or the Police Chiefs Office shall meet the following criteria as evidenced by prior documental performance appraisals, file notations, and recommendations from the Chiefof potice: 1. The officer shall have a college degree or equivalent work-related experience; 2. The officer must have demonstrated an aptitude for working with the public; and, 1 3. The officer must have a willingness to expand his career into management areas. SECTION 4. That this ordinance shall become effective !mmediately upon its passage and approval. PASSED AND APPROVED this the day of 1999. JACK MILLER, MAYOR r ' % I r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 1 I 1 JJI 1 I ~ At, C Pope 2 i i t I I AGENDA INFORAIATION SHEET ApIU No, gR.040 ApMtd1 Aertt~` D* -Z- AGENDA DATE: November2,1999 DEPARTMENT: Planning Department CM/DCM/ACM: David Hill, 349.831 SUBJECT-. Z-99.061 (Smith Tract Concept Plan) Hold a public hearing to consider amending the concept plan for a Planned Development (PD- 1 IS) encompassing approximately 231 acres. The property is generally located north of Windsor Road between Bonnie Brae and Westgate, The concept plan proposal is for mixed-use development including single-family residential, muhi-family residential, commercial use, open space and a school site. The Planning and Zoning Commission recommends approval (7.0) with conditions BACKGROUND The applicant has requested to amend the concept plan for this property to develop single-family, multi-family and commercial uses. The property is currently used for grazing cattle. Y The subject property is located in a Planned Development (PD-115) zoning district created on Slay 20, 1989 by Ordinance No, S6-101 and allowed for a mix of uses including general retail, office, multi-family residential (MF-1 and MF-R), single-family (SF-16, SF-10, SF-7 and zero lot line) and public parks. (See Attachment 1, P&Z Report for comparison between existing concept plan and proposed concept plan) i The proposed development is consistent 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). Twenty-nine (29) property owners were notified of the zoning request along with 90 courtesy notices. As of this writing, there have been fourteen (15) responses, one in favor and fourteen (14) in opposition, totaling 19,67% opposition. (See attachment 3) r rhrcc neighborhood meetings have been held. The first was on June 3'd , the second was July 22nd and the third was on September 13, 1999. PRIOR ACTION/REVIEW The following is a chronology o, commonly known as Z-99.061 (Smith Tract): June 3, 1999 - Neighborhood Meeting it July 21, 1999 - Application Date ! / , v July 22, 1999 - Neighborhood Meeting August 25, 1999 P&Z continues public hearing Septembcr 8, 1999 P&Z continues pshkic hearing September 15, 1999 Neighborhood tvice'dng September 21, 1999 P&Z continues public hearing October 13, 1999 P&Z recommends approval 1, t. u ' ESTIMATED PROJECT SCHEDULE The subject property is not platted and would need to be platted prior to any development. FISC 1. INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city and is providing an elementary school site to the Denton lndependent School District. RECOMMENDATION The Planning and Zoning Commission recommends approval (7.0) of this zoning request with the following conditions: 1. That development regulations and standards be included with the ordinance. 2. That 75 % of all exterior walls of all residential buildings be constructed of masonry. 3. Non-residential lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and protect upward to prevent the diffusion into the night sky. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item, ATTACHMENTS 1. Planninsg and Zoning Commission Reports, October 27, 1999 (pg. 3), Sept 22"d (pg. 19 Sept. (pg. 20 )and August 23, 1999 (pg. 22), Z•99.061. 2. Planning and Zoning Commission minutes from October 27, 1999 (pg. 41), Sept. 22nd (pg. 101), Sept. 81' (pg. I l hand August 25,1999 (pg. 129). 3. Opposition calculations and map 4. Draft Ordinance. Respectfully ubmi ed: onal son Assistant Director of Planning and Development Prepared by: r ~r ,1 r, _2 Z~y L y eichhart Development Review Manager 2. C ATTACHMENT No. PLANNING AND ZONING COMMISSION Agendaem Agendaftern (t !t + ADDENDUM p~ - s- I Subject: Smith Tract Concept Plan (130-115) Cage Humbgt: Z-99-061 I $S@Tf: Larry Reichhart, Development Review Manager Agenda Date: October 13, 1999 6.,, ` 4 ~v nn~~t / ~F.; h ~ i .~5 i.. 1 Y 4,+a~yi.Yy;a s. ;.A ♦ Continue a public hearing and consider making a recommendation to City Council regarding amending the concept plan for a Planned Development (PD-115) encompassing approximately 230 acres. The property is generally located north of Windsor Road between Bonnie Brae and Westgate. The concept plan proposal is for mixed-use development Including single-family and multi-family residential development, commercial use and a school/park site. Yli r X i <.~A, t. C'~'W Yi ,Y~ 1~ RI a The applicant has meet wilh representatives of the Denton Independent School District (DISD) and City of Denton Parks Department to address the configuration of the proposed joint school and park site proposed for the southwest comer of the site. The school/park site has been reconfigured and is acceptable to both the city and DISD. The applicant has also reduced the amount of SF-16 lots and added a row of SF-10 lots along the westem portion of the site In response to the adjacent neighbors desire to reduce the larger driveways associated with the proposed clustering of the SF-16 lots. The new config iration allows for standard driveways for each SF-16 lot Instead of the shared private drives that was originally proposod. The proposed land uses and densities are Identified In the table below: PARCEL ZONING I USE TOTAL LOTSlUNITS OPEN SPACE OPEN SPACE DENSITY ACREAG LOTS ACREAGE tUNJAC. A Commerclat'Office 23.376 NIA N/A NIA NIA 8 MF-1 11.425 200 NIA NIA 17.51 C SF-5 20,690 106 2 0.732 5.12 D SF-5- 18`929 68 4 2,295 3.59 E SF-5 12.067 59 1 0.386 4.89 F SF-7 103.93 390 3 0.983 3.75 t3 SF-10 8140 25 0 0 3.03 H SF-16 8.549 17 0 0 1,99 J School/Park 18.223 WA 1 (18.223) NIA ROW 3.483 _ NIA NIA N!A -NIA TOTAL 228.92 865 Note: The numbor of units/lots, open space tots and open space acreage Is IdenUrled In the Detailed plan (2.93-073). Excluding the commercial tract, the over-all residential density Is 4.2 units per acre (665 units on 205.54 acres), i zap oil rsz aerA 3. II PDA 15 was approved on May 20, 1989 by Ordinance No. 66-101 and allowed for a mix of uses Including general retail, office, multi-family residential (MF-1 and MF-R), single-family (SF-16, SF- 10, SF-7 and zero lot line) and public parks (See enclosure 3). The table below summarizes the changes between the two plans. AREA(In acres) UNITS LAND USE ORIGINAL REVISED ORIGINAL REVISED General Retail 41.93 NIA NIA 23.38 Office 44.94 (-63.49) NIA NIA Multi-family (MF-i) 11.32 11.43 20o 200 (+0.11) Multi-family (MFR) 21.85 0 260 0 (-21.8 ) Single-family (SF-16) 19.31 8.55 42 17 10.76 25 Single-family (817•10) 23.41 8.24 93 25 • 15.1_ -68 Single-family (SF-7) 38.97 103.94 159 390 +64.97` +23t Single-family ( SF-5) 2142 51.69 144 233 +28.27 (+89) Pubho Parks 14.00 18,22' N/A N/A +4.22) ' Public Parks does not Include the 4.4 acres of open space maintained by the HOA. In summery the area proposed for office and commercial use decrease by 63.5 acres and the total number of units Increased by 51 (from 814 to 865). The revised concept plan Includes 18.22 acres dedicated for a school site and public park and 4.22 acres of private open space, an increase of approximately 8.5 acres of total open space. , ne overall residential density decreased from 5.89 units per acre to 4.2 units per acre, 1 COMPREHENSIVE PLAN AijALYSIS 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (ODP) shows this area to be within a Low Intensity Area end an Urban Center. The low intensity area Is the area south of easthvest portion of Westgate Drive and the urban center Is the remainder of the site, north of Westgate Drive, Low Intensity areas are intended to be developed primarily for single family residential development. Neighborhoods are to bee :,viced by a network of small commercial/retail centers spaced at about Y, mile intervals with d'iect 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 a land use with road capacity, Staff finds the proposed development to be consistent with both I '/7J the policies and trip Intensity standards 0 the 1988 DDP (See enclosure 3). Z 50 wt rat R;r,n 4. I i II The Urban Center areas are Intended to emphasize a diversity of land use and promote higher density and Intensity uses. Staff finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP (See enclosure 3). 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. (See Enclosure 3) The proposed concept plan Is also somewhat inconsistent with the Growth Management Plan, which identifies the development of this area as a combination of offioelmixed use and multi-family development. The proposed amended concept plan is compatible to the proposed land use plan of the draft comprehensive plan (See enclosure 11). The land use plan Identifies the northern portion of the site (basically Parcels A, B. C, D-1 and D-2, which are the higher density and commercial sites) as a regional mixed use center and the remainder of the property (the single-family areas) as Neighborhood Centers. S~~1JiN1.t,INt~H~MM1,~~~FM1,~'i +1 4+1"~'~7 ~~3yL1 w4~.:. ~y ~,v a, .4=' 1. Transportation A. Trip generation With a 63,5 acre decrease In commercial/retail area (assuming 30% lot coverage) and an increase of 51 residential units, the potential trip generation of the proposed amended concept plan Is approximately 33,200 trips per day less than the original PD plan. rPUi$LIC N07iGE tt.~"J iR Notice of the zoning request was published in the Denton Record-Chronlcle on Sunday August 15, 1999. Twenty-nine (29) property owners were notified of the request on August 12, 1999 along with 90 courtesy notices. As of this writing, there have been fourteen (14) responses, one in favor and thirteen (13) In opposition, totaling 18.6% opposition. (See enclosure 2). Three neighborhood meetings have been held. The first was on June 3a0 , the second was July 22nd and the third was on September 15, 1999. i i 99 041 Paz ROP011 5. Il j , r, t As the proposed development is In compliance with the1988 Denton Development Plan, the 1998 Denton Plan Policies and Growth Management Plan and with the Draft Comprehensive Plan, In association with the decrease In traffic and total density compared to the existing concept plan with the addition of a school site and with the added design controls associated with future required detailed plans, staff recommends approval of Z-99-061with the following condition: 1. Non-residential lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shlne and project upward to prevent the diffuslon Into the night sky. I move to recommend approval of Z-99-061 with the following conditions: 1. Non-residential lighting on the property shall be designed and maintained so as not to shine on or otherwlse disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5, Table item. 77#777W I 1, Concept Plan 2, Notice Map (revised to Indicate opposition) 3. September 22, 1999 PU Staff Report. i 2 99 041 PIZ Report 6. i c ENCLOSURE 1 b J..AJ l Parcel 8 PD Parcel C MF i aFa +1•N.e ' 20.09 m Parcel A ! Parcel D j sFe ; 1 18 93 m 1 H Hlb 1.88 SubdMA V- Parcel F SF-16 • BFa { u1r k { f su, sr sr ea es - ~2'e I c _ A v e { o _ Parcel F { BF-7 10314 • O 1 I A 12 Irl'r1 tk !i ~ .rrrl Hr.~` .OL lerVr mr A IRA Parcel IX w ~ ~.~R A_.....A....r...... ! A, , SF-10 I A 1 SMITH TRACT ones+,+l.. Proposed Zoning Man n ' I THE SMITH TRACT PLANNED DEVELOPMENT DISTRICT PD Of 15 DENTONj TEXAS EMODUCTION This Planned Development District located between Bonnie Brae Road and Westgate Rout, wuth of Highway 77 in Northeast Denton Is the result of land planning for a mixed-use meeting the mutual goals of the City or Denton, surrounding landowners and developer. Land Use Plan rat land use plan falls within the guidelines of the current comprebensive plan and follows the proposed density model and planning goals for the new Denton Comprehensive Plan 1999-2000 prepared by City staff. Commercial Distrte! The Commercial District Is act up to encourage traditional town planning for historic Tens towns which have retail and office buildings at the front propaty line with pedestrian oriented sidewalks and parallel parking In froot of the buildings. Large p--king tats would be encouraged, but act required to be placed behind the buildings. StreetInfrastructure The street plan for the Smith Tract Inoorpo:stea an Wt/West arterial a:ross the northern part of the property, tying the I-3S corridor b Bonus Brae. There will be a North I South residential collector running through the center of the property connecting a southern entrance on Bonnie Brae to the East I West collator. Parka I Open Spot ThL track of land has an open trace park dedication requirtmeut of 5.7S acres based on the number of single Ars7y and multi-family units. J This district proposes three levels of parks and open space u follows. Level N A. A 1►.22 acre joint use public park / s:hool site in the Southwest corner of the development WW be dedicated. B. Open space of 3.31 acres between the commercial and residential tend uses to be used as a visual foul point at the roadway convergence. Area to be tulatained by Home Ow et's Association. Level Tw Private pocket parks are scattered throughout the development to encourage playgrounds and bresth{ng space for neighborhoods. These would be maintained by private Homeowners' Associations. Level Three The developer his eommttted to ao g0' R.O.W. for s North / South reside ti ill collector. This PD shall follow the City of Deaton Zoning Ordintacr in effect August 13, Chapter 33. All of the tend A, sus in the PD use base ran4tg out of this ordinance and u smemded ae follows: ~ I x:to9oeavacrstt9oras~,Irrene>Hr,~e~anrroorevmo7-~t~e 8 PaloI mal~ u t PARCEL A • Commerdol ndlea R Oral Aaeage: 2331 sc. Public Dedicated R.O.P. 3.93 Be. Net BuU:sbie Ares: 19.4114. Msxlaw.a FAR 2:1 Mewauro Dwelling Units: 0 PAaximum Heighl Restriction: 2 stories 50' Square Footage In Dwelling Unlit NIA Minimum Puking Permitted: per ordinance Sidewalks: per ordinance Open Space/Landuape Buffer. per ordinance Miaimaro Front Yard Setback: 0 feet in trodidoaal town eoocepq per ordinance In any other eoaeepL Minimum Slde Yard Setback: 0 feet in tradidonal Iowa coattpt; per ordinance In any other coocepL Mt knum Rear Yard Setback: l0' ` Screeau 3 Wall or Fene:a, 1. All trub encksyres and service areas must be screened with fenctog or live hedge. 76ere sbdf be a 6' masonry wall built between ofircdcommercial Uses sad dangle family. See Appendix Exhibit A Minimum Amenity Package: NIA OtherNalt/; a Commercial, MAU sad office uses ere eocotrroged to be Wl to the i4ool property line with parking fob behind sad parallel street parking encouraged n fi a central business listriel model fotlowtag traditional town pattema. a Developer wM provide arcbitechud elevedoes for detag pt~A review. r III I r A, i p i i F z:IV~rtavaeDStosores~r~n.cnawr.~waep,.woreralaa.H.be 9 rose2 1 l i i PARCEL B • MY-1 I, 1d ; Orosa Acreage: I IA u. Public Dediated R.O.W.: 0.3 Oro. Net Buildable Ara: 10.93 Be. Mialrnum Lot Width: M Ordinance Minimum Lot Depth: per ordinanee Mid= Lot Size: per ordinance Maximum Building coverage: per ordinance Maximum Dwelling Unite 200 Maximum Height Restriction: Per ordinance Minimum Square Footage to Dwelling Unit per ordinance Minimum Puking Permitted: per ordinance Op" Spacoundscape Buffer. per ordinance Minimum Front Yard Setback: S' in traditional loan concept; per ordinance to any other concept Minimum Side Yard Setback: 10' Minimum ReuYud Setback: per ordinance Screening Well of Fences: Security fencing of complex shall not be permitted. Minimum Amenity Package: NIA Other Notes: a Front yard set back of S' to eacotnSe traditional wuU town downtown model o Developer will provide architectural elevations for detail ptm tevkw. f IwLU"Imu Pitam J "PAwreM DOfe,Setdl f rerky,ngwGnml/p1IPp10f•H.be Par 3 10. o t I Portal C. D AND S . SF. S *k ~ R 8 Oroar Acreage: 20.69 ace. 18.9)60. 12.07 ac. Public Dedicated R.O.W.t 5.7 ace. 5.65 ace. 2.62 ace. j Net Buildable Ares 14.99&c. 13.28 ace. 9.45 ac. Minimum Lot Width: 0' Minimum Lot Dtpdr: 9S' Minimum Lot Size: 5000 af. Maximum Building Coverage: 40% Maximum Dwelling Units: Parcel 0. 1061-)ts Parcel D: 68 tots Peal E: 59 tots MLd=Height Restrietion: 2 K stories or 36' Miolmum Square Footage In Dwelling Unit: 1600 s.L Minimum Parking Required: 2 ear Singe Open SpaceUndscape Buffer: pocket parks Minimum Front Yard Setback: 25' Minimum Side Yard Setback: 10' sad O'er 5' + 5' Minimum Rear Yard Setbsek: per ordinance Screening Will or Fences: I. Masonry walls required where houses back to streets. See ' Appendix "Exhibit A". 2. Builder detall wood fence to be consistent long south property lime of parcel Dd. See Appendix "Exhrblt B". Minimum Amenity Package: I. Pocket parks In all three tracts - sereage is follows: Parcel 0.732 ac; Parcel D: 2,295 ace; and Parcel B: 39 se. Packet parks to be milntalncd by a Home Owners' Association 2. Two 3" caliper, 65-gallon trey planted bctweem the curb and sidewalk on each lot. 3. 7S% rammy on structure as defined sa net of windows and door openings. turyss,vr orwau rRarcfstos Paaacni►aSrssarl rr.aia rye rrcvorerola>-ss.be Pap 6 11. U PARCZI F- SE-1 b< 1? Orou Acreige: 101.94 ac, Public Dedicated R.O.W.t 25.49 ac. Net Bulldable Ares 71.43 se. Minimum Lot Width: pet ordinance Minimum Lot Depth: per ordinance Minimum Lot Size: 7000 s.L Maximum Building Coverage: per ordinance Maximum Dwelling Units. Parcel F: 390 Maxhnum Nelght Restriction: per ordinance i Minimum Square Footage in Dwelllag Unit- per ordinance Mint= Parking Required: per ordinance Open SpaceUnduape Buffer, per ordinance Minimum Front Yard Setback: per ordimace Minimum Side Yard Setback: per ordinate Minimum Rear Yard Setback: per ordinance Scteentng Wall or Fences: Wood fcocing along out ad aorib property fiat of Traci F adjacent to oft-i to nelgbbors shill be s buildet required detail of a comirtent dingo along property line. See Appendix, , "Exhibit 8". Minimum Amenity Package: Pocket parka as desired ku than 5 me, To be maintained by a, (tome Owners' Auocladon. Other Noln: At d:109lAWERS19D076S"etA McAh>ra~e Jatal➢0r6~DlFf•Ntae 2 2 Pap 5 I .1 I t t, 1] I LI ' I M ~I PARCEL Q SR.1 I 4, Oroa Acttage; 8.24 ae. Public Dedicated R.O.W,: 1.47 ace. jj Net Buildable Area: 6.77 ac. I Minimum Lot Width: per ordinance Minimum Lot Depth: per ordinance Minimum Lot Size; 10,000 a.C Maximum Building Coverage: per ordinance Maximum Dwelling Units: 25 Maximum Height Restricdon: per ordinance Minimum Square Footage In Dwelling Unit: per ordinance Minimum Parting Required: per ordinance Open Speeell.andscape Bufkr. Per ordinance Minimum Front Yard Setback: per ordinance Minimum Side Yard Setback: per ordinance Minimum Rear Yard Setback: Per ordinance Screening Wall or Fences: per ordinance Oth" wales, X.19t'PAWCCIAM7as"w1lkrAd+ageadwnV➢0:6PD1a/•!!da 17. Pala 6 it 'I rP. ` r3 i i PARCEL K - SF.16 Orou Acreage: 3.55 80. Public Dedicated 1t.O.W.: 1.41 se. Net Buildable Ares 7.0840. Minimum Lot Width: per ordinance Minlrwm Lol Depth: per ordinance Minimum Lot Size: 16,000 it Maximum Bundles Coverage: per ordhw4c Maximum DweUlog Units: 17 Maximum Height Mtriedon: per ordinance Minimum Square Footage in Dwelling Unit per ordinance IngmrlEgren: per ordinance Minimum Front Yard Setback: per ordinance Minlmtun Side Yard Setback: per ordinance Minimum Rear Yard Setback: per ordinance OtberNatoo I' X..L"PA ECr7199d7i W41 tx~r+a aeearevo>arv~a~•n~« Pa=a T 14. t G 1 I i' 1 PARCEL J-9 beat/Park Oross Acreage: 16.21 M Public Dedicated P.O.W. 1.07 j Net Buildable Ara: 17.15 Maximum FAR: per ordinance Maximum D"I iaj Ualu: N/A Maximum Height Restriction: per ordinance Square Footage In Dwelling Unlt: N/A Mialmwa Parking Permitted, per ordinance Sidewalks: pet ordinance Open Space&udscape Buffo: per ordinance Minimum Front Yard Sekfack: per ordinance Minimum Side Yard Setback: per ordinance Minimum Rest Yard Setback: per ordinance Sereenlag Wall or Peaces: per ordinance Minimum Ameolty Package: NIA Other Nolas• E • School / park site Ia lobe 16,22 ae, overall site. s The Denton Independent School District (DISD) wiu acquire ownership of the dedkued site, If DISD ownership does not occur within 1 years of the approved toning plan, the dedication will revert back to Its original SF-l6 and SP-7 took S classification, at the discretion of the developer, X. L" MOVICT MI"Wonkna~.~oaewerooraraar-svf« Paters E t I Aterrmxx LxRsrrA • i I .4 1 MICAL MASONRY SCRSLN WALL U oPvmLX Lx mrra .t`~NIRQI[CfS+JDO/is.1At}vatfingw/.,yWfflDl.fw►Aii+ ' !6. ti • Zx8 car l Mo r b-zxc~' ~ r a j xq TWM TYPICAL WOOD FENCE SCRttN DETAIL APPENDIX rX=rTC 1 1 / J f l0! ~+1i101076S,ruF t.KnG+w«dnewofal0l !a9l.Ire Pop 9 1'T i t ENCLOSURE 2 Z-99.061 (Smith Tract, PD-115) NORTH of N If I = Outlet Mall L'mCJl3m - - SMITH TRACT - 1 (PO-116) - RIME D.I aarl ~ i f inft L LIMIT OF t- 600' NOTICE LIMIT OF 200' NOTICE ! JpNinLo A. - . 200.500 FOOT NOTICE MAP 200' Legal Notices sent via Certified Mail: 29 500' Courtesy Notices sent via 1" Class Mail: 90 Number of responses to 200' Legal Notice • In Opposition: 13 • In Favor: 1 • Neutral; Q A Percent of land within 200' In opposition: 18.6 % Agenda Date: August 25, 1999 Scats: None 1B. 1 f ENCLOSURE 3 PLANNING AND ZONING COMMISSION Agendaim' ADDENDUM Oats Subject: Smith Tract Concept Plan (PD-115) Case Number: Z-99-061 118f(: Larry Relchhartt, Development Review Manager Agenda D{+ata: September 22, 1999 t.,.- Continue a public hearing and consider making a recommendation to City Council regarding amending the concept plan for a Planned Development (PD-115) encompassing 230.28 acres. The property is generally located north of Windsor Road between Bonnie Brae and Westgate. The concept plan proposal Is for mlxed-use development Including single-family and multi-family residential development, and commercial use. The applicant has scheduled a neighborhood meeting for Monday, September 201, at Ryan Fligh School (starting at 6:30). The outcome of the meeting will be discussed at the P&Z meeting. On Wednesday, September Wh, the applicant submitted a Detailed Plan for the single-family portion of the concept plan. The Detailed plan Is tentatively scheduled for the October 13" P&Z public hearing. The applicant has requested that the Concept Plan public hearing be continued to October 131' to allow the Detailed Plan applica'.ion and the Concept Plan to proceed on at the same schedule. I kECOMMENDAYiONo ,1 ' Staff recommends that Z-99.061 be continued to the next regularly scheduled meeting. ALTERNATIVES , S hr.+:r'r7e. ? . ~i }~4:, r> S ^e ey ! iFe k i 4 r X.i 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3, Recommend denial. 4. Postpone consideration. 5. Table item. r ' ENCLOSURES n ' ' A -1'j 2t 1. 1, September 8, 1999 P&Z Stalf Report. 1 i r.e9 041 rtyzRev.,t i 19, COVER SHEET v c+ ENCLOSURE 1 ApaxlaNo. PLANNING AND ZONING COMMISSION Ayenaanem ADDENDUM Da'a " Sublsct: Smith Tract Concept Plan (PD-115) Casa Number: Z-99.081 Dkft: Larry Reichhart, Development Review Manager Agenda Oste: September 8, 1999 Continue a public hearing and consider making a recommendation to City Council regarding amendlr.g the concept plan for a Planned Development (PD-115) encompassing 230.28 acres. The property Is generally located north of Windsor Road between Bonnie Brae and Westgate. The concept plan proposal Is for mixed-use development Including single-family and multi-famlly residentiat dev'e'lopment, and oommerdal use. No new Information has been submitted. The applicant will be meeting with Denton Independent School District prior to the meeting and will report on the outcome of that meeting. Staff recommends that the public hearing be c,pened to receive any new Information from the applicant or interested parties and then continue the meeting to September 22, 1999 to provide the applicant time to revise the amended concept plan. ' The Staff Report, prepared for the August 25, 11999 P 8 Z meeting(See Attachment 2), stated that a portion of the subject site was In a Moderate Activity Center as identified in the 1988 Denton Development Plan (DDP). The area In question Is actually Identified ao an Urban Center (See Attachment 1). As such that portion of the site is encouraged to promote higher density and Intensity uses. i r i. 199 oat rdz Report T0. c. t I ' I I~ I') ATTACHMENT 1 v I 4~m 3 N LOOP I URBAN CENTER s 1_ I ~ I 77 SITE RINEYRD e' I - i1 LOW INTENSITY AREA F f~ VANDSOR DR'! 1_ C"rl~r~!a•. 1 f ZI r v .r • ♦ .w~A in I 1 4 ~ ♦ 4 ♦i✓ev+ r c 1 h i h ' ATTACHMENT 1 e~ Agenda No. PLANNING AND ZONINU COMMISSION Agendanem STAFF REPORT Data Subject: Smith Tract Concept Plan (130-115) Case iNumber: Z-99-061 SSta : Larry Reichhart, Development Review Manager A-a nda Date: August 11, 1999 PURPOSE Hold a public hearing and consider making a recommendation to City Council regarding amending the concept plan for a Planned Development (PD-115) encompassing 230.28 acres. The property Is generally located north of Windsor Road between Bonnle Brae and Westgate. The concept plan proposal Is for mixed-use development including single-family and multi-family residential E; development, and commercial use (See enclosure 2). f i 286 SITE ' n- } l ! 91 ~i - I~ r Y .v 1. LOCATION MAP Location: Generally located north of Windsor Road between Bonnie Brae and Westgate (See A enclosure 1). Size: 230.28 acres z eo rar raz n.~;r 22. t I I .GE10R-Al I!.11 Applicant: MESA Design Group Owner: Intermandeco, Inc. 3100 Ar Mnnon St., Suite 905 1401 Burnham Drive Dallas, TX 75201 Plano, TX 75093 i PLANNED, DEVELOPMENT,ZONING PROMUR'S. Planned development zoning districts (PD) are intended to provide for the development of land as an Integral unit for single or mixed use in accordance with a plan that may vary from the established regulations of other zoning districts for similar land uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that Is superior to what could be accomplished in other zoning districts by meeting one or more of the following purposes: (1) Provides for the design of lots or building; Increased recreation, common or open space for private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, street design or access; or other development plans, amenities or features that would be or special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplains, slopes or hills; or (3) Protects or preserves existing historical buildings, structures, features or places. There are three (3) types of plans that may be used in the planned development process; concept pfan, development plan and detailed plan. CONCEPT PLAN - This plan is tnterJed to be the first step in the PD process for target or long term de4'lopments. It establishes the most genera( utderriee, ldenbtying the land Usb types, approximate thoroughfare locations within the bdunda'rfde of Chadistrict. ; DEVELOPMENT PLAN • This plan Is Intended to be used most often as a second step in the PD process. It Includes the same Information that Is provided on the concept plan, plus details as to the specific land uses and their boundaries. DETAILED PLAN - This plan Is the final step In the process and Is required prior to any development. For smaller tracts or where final development plans are otherwise known prior to rezoning, the detailed plan may be used to establish the district and be the only required plan In the planned development process. It will contain information specific to the site. All detailed plans should be In substantial compliance with landscape, sign, subdivision and other regulations of the Code of Ordinances. When concessions from these regulations are requested by a developer, there needs to be corresponding benefits that merit deviation from those regulations. rr .t l r%~ t 9r) oat raz aerrcrt 23. i ' t I 7~y 1 y~~?. F7Ie2~~r y~ t, f ham, Y,b The developer Is requesting to amend the Concept Plan for PD-115. The revisedlamended plan Includes the following; TRACT ACRES LAND USE/ ZONING DENSITY A 30.4 Commercial/Office 2:1 F.A.R w/ 3 story max. B 10.5 Multi-famlly (MF-1) 19,05 units per acre (200 units) C 20.9 Multi-family (MF-R) 12.4 units per acre (260 units) or or One-family Dwelling SF-5 5,26 units per acre 110 units D-1 12.4 One-family Dwelling (SF-5) 5.56 units per acre (69 units) D-2 13.9 One-family Dwelling (SF-5) 5.04 units per acre (70 units) E 78.83 One-family Dwelling (SF-7) 3.84 units per acre (303 units) F 26.0 One-family Dwelling (SF-7) 4.08 units per acre (106 units) G 4.43 One-family Dwelling (SF-7) 4.74 units per acre (21 units) H 182 One-family Dwelling (SF-16) 2.2 units per acre (40 units) J-1 7.86 Open Space NIA J-2 4.06 Open Space NA J-3 2.8 Open Space NA i Area C Is Identified as either MF-R or SF-5. At a neighborhood meeting, the developers representative asked the neighbors which they would prefer for that tract. The neighbors responded that they would prefer the single-family dwellings to the multi-family units. Assuming that tract C is developed as SF-5, the maximum number of units would be 894. Including the three open space tracts, the over-all density would be 4.60 units per acre (919 units on 199.88 acres). The single-family development density (including open space parcels J-1 and J-2) equals 4.08 units per acre (719 units on 176.18 acres). i PD-115 was approved on May 20, 1989 by Ordinance No. 86-101 and allowed for a mix of uses I Including general retail, office, multi-family residential (MF-1 and MF-R), single-family (SF-16, SF-10, SF-7 and zero lot line) and public parks (See enclosure 3). The table below summarizes the changes between the two plans. AREA(In acres) UNITS LAND USE ORIGINAL REVISED ORIGINAL REVISED 01, General Retail 41.93 NIA NIA A - 30.4 r I office 44.94 (.58,47) NIA NIA j Z 7) 041 PAZ Rd~,it 1'. 24. c, I ^ MuIG-family (MF-1) 11.32 10.5 200 200 .82 Multi-family (MFR) 21,85 O -0to 20.9 260 O to 260 21.65 to -0.95 Single-family (SF-16) 19.31 182 42 40 (•1.11 -2 Single-family (SF•10) 23.41 p 93 0 23.41 -93 Single-family (SF-7) 38.97 83.26 159 324 +44.29 +165 Single-family 23.42 12.4 to 33.3 144 69 10179 Zero Lot Line/ SF-5 .11.02 to 9,88 •75 to + 35 Public Parks 14.00 14.72 N/A N/A I +0.72 J In summery the area proposed for office and commercial use decrease by 68.47 acres and the total number of units increased by 105 (from 814 to 919), The overall residential density decreased from 5.89 units per acre to 4.6 units per acre, i Section 36-17,4 `(Gene~s166 rf~pt an (lforrilebo6) of ttLA code of 6 dins'n ' ld °61106 -h :t'the ' tnforma+fdn tha'f'si~~ll be conf lrf h ~ CohUpt 7he,Gene~hl 6on91 6 iloA Is Intenddd io1` ov dd tai" OM tti orind(iorj " ard1pg tfi&"r gbeerr, t1° A lleneral concept plan shall contain the following Information, (1) Relation to the master plan. A general statement setting forth how the proposed district will relate to the city's comprehensive plan and the degree to which It is or is not consistent with the plan. ' • The concept plan Is In compliance with the 1999 Growth Management Plan and statement of such needs to be added to the plan., f (2) Acreage. The total acreage within the proposed district. • The total acreage of the property Is Identified on the plan. (3) Survey, An accurate survey of the boundaries of the district. • The description for the entire PD Is attached with the draft ordinance. (4) Land uses. Proposed general land uses and the acreage for each use, Including open space. For reslderitial development, the total number of units and the number of units per acre. • The number of units In each area Is identified, densities per acre need to be calculated and added to the plan. /I (5) General thoroughfare layout. Proposed streets, as a minimum to arterial street level. (Showing collector and local streets Is optional.) r r • The concept plan identifies the proposed thoroughfare layout. 2 99 C-11 RSL Raiwl 25. l' (6) Development standards. Development standards for each proposed land use, as follows: a. Minimum tot area. b. Minimum lot width and depth, c. Minimum front, side, and rear yard areas. d. Maximum height of buildings, e. Maximum building coverage. f. Maximum floor to area ratios for nonresidential uses. g. Minimum parking standards for each general land use. The applicant has Identified proposed development standards for this development and they are Identified on the plan. (7) Existing conditions. On a scaled map as specified by the department, the following shall be shown for the area within and adjacent to the proposed district: a. Topographic contours of ten (10) feet or less. b. Existing streets. c. Existing 100-year fioodpiain, fioodway and major drainage ways. d. City limits and E.U. boundaries. e. Zoning districts. f. Land use. g. Utilities, Including water, wastewater, and electric lines. • All required existing on-site conditions are Identified on the detailed plan. Adjacent existing conditions need to be added to the plan. (Ord. No. 91-016, § I, 2-5-91) COMPREHENSIVE PLAN ANALYSIS 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area and a Moderate Activity Center. The low Intensity area Is the area south of easvwest portion of Westgate Drive and the moderate activity center is the remainder of the site, north of Westgate Drive. Low Intensity areas are intended to be developed primarily for single family residential development, Neighborhoods are to be serviced by a network of small commerciatlretail centers spaced at about 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 (See enclosure 9). The Moderate Activity Center areas are Intended to emphasize a diversity of land use developments. They are intended to place jobs and housing In close proximity to one another. , Vehicular trip generation due to development within Moderate Activity Center is restricted to 350 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed 1. development to be consistenlnnconalstant with both the policies and trip Intensity standards of the 1988 DDP (See enclosure 9). 2 9) 041 PQ Rrwnt 26. 1 I c s 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. (See Enclosure 10) The proposed concept plan is also somewhat inconsistent with the Growth Management Plan, which Identifies the development of this area as a combination of office/mixed use and multi-family development. The proposed amended concept plan is compatible to the proposed land use plan of the draft comprehensive plan (See enclosure 11). The land use plan Identifies the northern portion of the site (basically Parcels A, B. C, 0-1 and 0-2, which are the higher density and commercial sites) as a regional mixed use centL, and the remainder of the property (the single-family areas) as Neighborhood Centers. i SPECIALtINFORMAYION 1. Transportation A. Trip generation With a 56 acre decrease in commercial/retail area (assuming 40% lot coverage) and an Increase of 105 residential units, the potential trip generation of the proposed amended concept plan Is approximately 38,680 trips less than the original PD plan. Table 1 is an analysis of the amended concept plan. The analysis for the commerclal/office area was basad on 100% retail even though a portion of that area could be developed as office, which typically generates less volumes of traffic. Table 1. Proposed Land Use Trip Generation Land Use Aver Trip Maximum Total Daily Trip Generation Sundout Generation 1 Low Intensity Area' - 60 tri side lao, X 17868 acres 0 733 1f DDP Moderat Activity 350 lrips/daylec. x 61.4 scresl• 17,M Classificallons Centers Proposed Use Single-Family 8.55 tripsldaylunit x 718 homes 6,868 Letached1 Apartments 6.59 trl slda lunit x 200 apartments, 1,318 General Relall 40.87 trips/day/1,000 x630,000 square 21,655 of feet Nole: Proposed Average Trip Generations provided by the Institute of Transportation Englneers, 1991. The proposed development Is 3.5 % above the allowed capacity Identified In the 1988 A Denton Development Plan. B. Access The development Is proposing access from Bonnie Brae and Westgate, Z 99 N1 ref RoVA i 27. r I 1 I ' I i t II iL r • Bonnie Brae and the future extension of Westgate are designated as a Secondary Major Arterials. The proposed development will provide for a secondary major arterial (Westgate Dr.) as Identified on the Roadway Component of the Denton Mobility Plan (See enclosure 5). The arterial will not be directly connected to the existing residential portion of Westgate. • Westgate Is a local street. Prior to platting a Traffic Impact Analysis (TfA) will be required to determine the level of road Improvements (to the surrounding road network) that will be required, buy the developer, as a result of this development. C. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities Adequate utilities, to service the site, are within the general area of this development. (See Enclosure 6): 3. Drainage and Topography New development will be required to design and construct a drainage syetem 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 props ty 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 proparly. 4. Signs As per the sign ordinance. I 5. Landscaping f 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). 6. Open Space This development ►s providing approximately 14.7 acres of land for parks and open space. The residential development will be required to participate In the development of public recreational areas. Through the Park Dedication Ordinance (98-039), this development will contribute to park land dedication and park development fees. Dedication requirements are required during the platting process, Park development fees are required prior to the Issuance of building permits. 7. Lighting Non-residential lighting on the property should be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky. 1 8. Environmental Quality Impacts No negative environmental impacts have been Identified. x~ ai rrz a~r~i 28. I 1 I l G t I January 114,11969- The subject property was placed In the Agricultural (A) zoning district and land use classification by Ordinance 69-01. May 20, 1986 - The subject property was rezoned from Agricultural (A) zoning designation and land use classification to a Planned development (PD-115) zone district by Ordinance 86-101. The subject property is not platted and would need to be platted prior to any development. PUBLIC NOTJCE' Notice of the zoning request was published In the Denton Reoord-Chronicle on Sunday August 15, 1999. Twenty-nine (29) property owners were notified of the request on August 12, 1999 along with 90 courtesy notices. As of this writing, there have been three (3) responses in opposition (See enclosure 7) Two nelyhborhood meetings have been held. The first was on June 3" and the second was July 22 (See enclosure 8). From staffs prospective the major concerns were: • The proposed 16,000 square foot lots (across from the existing one acre lots on Westgate) should be one acre in size, That the development should contain 10,000 square foot lots and less multi-family, 6,000, 7,000 square foot lots. • That the residential portion of Westgate Drive should not directly connect to the proposed east/west secondary major arterial portion of Westgate. • That the developer provides some design controls to insure a quality development, + RECOMMENDATION = r As the proposed development Is in compliance with the1988 Denton Development Plan, the 1998 Denton Plan Policies and Growth Management Plan and with the Draft Comprehensive Plan, and with the added design controls associated with Planned Developments, staff recommends approval of Z•99-061with the following conditions: 1. That the concept plan be revised to include the following Information: • A statement that the proposed concept plan Is In compliance with the Growth Management Plan. • The densities per acre for the residential portions of the plan. • Adjacent existing conditions 2. Non-residential lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to ,r prevent the diffusion Into the night sky. 2' 99 041 F Q Rem, t 29. t 1 c, l I move to recommend approval of Z-99-010010 with the following condition: 1. That the concept plan be revised to Include the following Information; • A statement that the proposed concept plan Is in compliance with the Growth Management Plan. • The densitles per acre for the residential portions of the plan. • Adjacent existing conditions 2. Non-residential lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. ~E rv~ .~RNId17i,1~S. ~r 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denlal. 4. Postpone consideration. 6. Table item. yy. M Oft } LV h*,Wt ~E~.C'l 'i, r.Y1 1 + ,6 C` ii md' =44011, 1, Vicinity Map 2, Proposed Amended Concept Plan 3. PD-115 (Existing Ordinance) A 4, Zoning Map 6. Denton Mobility Map 6. Utility Map 7. 200' Property Owner Nolificallon Map 8. Neighborhood Meeting Sign-In-Sheets 9. 1988 Denton Development Plan policies Matrix 10.1998 Denton Plan Policies Matrix 11. Draft Comprehensive Plan - Land Use Plan 12. Draft Ordinance r r' A, Q Z 99 041 P&L *PM 30. a I l S % 1. Vicinity Map 2. Proposed Amended Concept Plan I PD-116 (Existing Ordinance) 4. Zoning Map 6. Denton Mobility Map 6. Utility Map 7. 200' Property Owner Notification Map 8. Neighborhood Meeting Sign-in-Sheets 9. 1988 Denton Development Plan policles Matrix 10.1998 Denton Plan Policies Matrix 11.Drafl Comprehensive Plan -Land Use Plan 12. Draft Ordinance i A. i 31. a Y I; ENCLOSURE I NORTH Z-99-061 (Smith Tract, PD-115) 1 i J 1' J~ 1 SITE / J S a + I t Alp v u o r Q o 1 ` e i tied 'r X ` Q r VICINITY MAP Agenda Date August 26, 1999 Scale: None J2, e. ~I ENCLOSURE 2 DM HIPS I,Ip~ Ir.. fiats i'' r 'T,j„rr "l~yu' 11 T~ f r ~~3~3F fl~ ~ ri LL" 71, 17 f I 4] 33. ; t 131St ` ENCLOSURE 3 N0. - TEXAS, ORDINANCE CSAMEMEWASNOADOTHE PTEDO AS }AN MAP OF THE APPENDIX TO T THE F CODE DENTON, ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO, 69.1, AS AMENDED, AND AS SAID MAP APPLIES TO 139.17 ACRES Or LAND LOCATED WEST OF BONNIE ERAS STREET, EAST OF WESTGATE DRIVE, I NORTH OF PAYNE DRIVE, AND SOUTH OF U. E I PARTICULARLY DESCRIBED HEREIN; TO PROVI S. DE FORA HIGHWAY 77, CHANGE AS IN 1S ZONING C USE LASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND CLASSIFICATION AND USEODESIPLANNED DEVELOPMT GNATION; PROVIDING FOR A D PENALTY IT IN CA MAXIMUM AMOUNT OF $1,000,00 FOR VIOLNIIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS; SECTION I. That the lofting classification and use designation of the Secorporatedty heroinibby lreference~ Is ,herebyAechanged to from Atrlculturat "A" District Claallficatlon and Use designation to Planned Da=e nt "PD" District Classification and Use designation the comprehensive toning ordinance of the Ctty of Denton, Texas, SECTION It. that by reference,is appprovedtas as preliminary site plan for the district. Any compprehensive site plan required to be submitted herein shall not to inconsistent with the developpment tonce t site plan. Any amended concept plan submitted for approwat shall show and Include the whole district. SECTION III. That the district herein approved shall be subject to the following conditions, restrictions, and limitations: 1. Prior to the beginning of any development or construction within the district, or of any parcel of land or phase thereof, or the issuance of any building permits therefore a detailed comprehensive site plan for the parcel of lanb for which development is proposed, whether one or more, shall be submitted for approval In accordance with the provisions of Appendix I- toning of the Code of Ordinances and the requirements of this ordinance, The comprehensive site plans required herein shell be submitted in the manner and form acceptable to the Department of Planning and Community Development and shall show or contain Information as to all proposed lend uses, development standards and re ulations to be applicable therein, including, but not limited to, the location of all buildings and structures streets, parking and loading areas, recreation, open t aces, AN nd ppark areas, r.afor utilities and drainage faciiitiest teie t$. A ilouri hei ht of ali buildings And structural; the dimensions of bug din`` lets; the maximum lot coverages and building setbacks; all bu[fering and screening areas and devices; the location, site and typal of detached elgaa and the ryulatlona to be appl~ed to ell Ilgnf; and such other information as may be required by the department. 1. Any comprehensive site plan required to be submitted herein for any parcel of land shown on Exhibit 1, Whether one or 34. SEEMS J t (t I I b sore shall n+t be Inconsistent with the Following minimum at&n~arda1 MA.AIMUM MAXINUN HEIGHT APPLICABLE DEVELOPMENT E MAXIMUM NUMBER OF BUILDINGS STANDARDS/PROPOSED USES- I PARCEL ACREAGE OF UNITS _ (STORIES) PEA ZONING DISTRICTS A 41.93 N/A 3 Central Retail, and scientific and research kf laboratories engine and motor repalrjn1, and whole ale office and simple room type uses. B 20.24 N/A 3 Office C 24.70 N/A 2 Office D 11.34 200 2 Multifamily (MF-1), and minimum cowmen recre• asloh/ open square area of 1.10 acres. E 21.15 260 2 Mulli•famlly (MF•R) and minimum common recre- ation/ open apace area of 2,20 acres. F 13.41 93 2 Sinlle•Famlly (SF-10) G 19.31 41 1 Single-family (SF-16) H 13.42 144 1 Zoning districts not applicable; lero lot line sintle family homes; 401 maximum lot coverage. 1 31,97 ISO 2 Sinsle•Famlly (SF-7) U 14.00 N/A N/A Public Park 3. The public park alto shown it Parcel J on Exhibit B shall be dedialtd by in aproved final plat or separate instrument of cenve once prior to i9e issuance of any building permits for any part e~ of land to be used for residential purposes, 4. A general development plan as speclfied in Appendix A of the Code of Ordinances, shall be submitted for the first parcel of lend or photo to be develo ed or platted. The plan shall include an exact description of all lhfrestructuN Improvements necessity to terra the parcel of land or phase proposed for development. The Dplon shall specify the photos in which all Parcels of land wlthIn the district are proposed to be developed. 1. With each comprehensive sett plan submitted for approval, a tree preservation plan shall also be submitted. The plan measured osix11feetlsfrom 4roundo fivelitewhich ho! Ithoseamtroll required to be shown, will be removed as a result of developp- v menti and the location, site, and type of trees that will to substituted for an existing trees that are p A /I \ c' removed, at will be planted In addition thereto, roposed to be 6. With each comprehensive site pplan submitted for approval tot Parcel A, 1, C, D, or B, a Ianescapi% plan shall be sub- mitted showing at least twenty percent of t a total area of the !•3719/PAGE 2 35. F t• i tract, exclusive of areas for street rights-of-way, to be permanently used and maintained as common areas for plants, shrubs, grassas or other landscape features. 7. After Approval of any comprehensive site plan for any parcel of land in the district which is proposed to have direct or indirect vehicular access to Bonnie Brae Street, but prior to the beginning of any development of such parcel, a development contract as required by Appendix A of the Code of Ordinances shall be executed to provide for the paving of Donnie Brae Street in accordance with the provisions of Appendix A of the Code of Ordinances, provided, however, that such improvements shall include the Improvement of Bonnie Brae Street from its intersection with Highway 77 to its intersection with Ps no Drive. Such improvements shall be made In accordance with City standards and shall be completed and approved prior to the acce tante of any public improvements in the parcels of land to whlcR this paragraph Applies. 1. The first comprehensive plan submitted for approval of the distritt shall Include and show a plan for the realignment of Bonnie Brae Street where it Intersects with Highway 77, and provide for the cost of all needed traffic signilisation for the proposed intersection of realigned Bonnie Brae Street and the major east-west arterial street adjacent to parcels A, D, and C. The approved plan shall be attached to or incorporated in the comprehensive plan act approved. 9. All development contracts required to be executed in accordance with Appendix A of the Code of ordinances for the development of any parcel of land shall provide for the construction of sidewalks, meeting City specifications, Along the southern and western sides of all public streets to be constructed or improved within or adjacent to the district, 10. She first cmprehensive site plan submitted for approval for the district shoall be accompaniedby a plan providing for A cul-de-sac at the northern end of kestgste Drive where It abuts the dlstrlet. The development contract for the first parcel of land or phase to be developed shall provide for construction an completlon of the required cul-de-sic in accordance with the plan thereof approved with the first comprehensive site plan. 11. Prior to the issuance of any building permits for buildinges in parcels C, D, E, or H, a six foot high nssonry fence ahall be constructed Along the respective borders of the metal for which the building permit is sought, such fences to Ra located is followst the southern and western boundaries of Parcel C{ the western boundary of Parcel D{ the southern and western Doundatlea of parcel 11 and the eastern, western and southern boundary of Parcel H. SECTION IV. That the approval of the district as provided for herein shall not, and is not intended to be deemed approval of any particular land use in such district, but shall be construed only to main that thou proposed land uses, as provided for harem, may be considered as possible appropriate uses for the dlstrlet at the time the comprehensive site plan in submitted therefore, the approval thereof being based upon relevant factors which may include, but not be limited tot the time elapsed from the effective date of this ordinance to the date A, the comprehensive site plan for the district is submitted$ the l j• number of proposed buildings or dwelling units and proposed uses{ the arrangement and design of the buildings, streets, parking attest utilities and other development features{ end the proposed regulations to be applied to the district, f-1f19J/AGD 3 _ 36, - t ff SECTION V, 1 That the development of the pre art shall be in sibsesntlal ' compliance with the final comprehensive site dlon plan Hereafter spptoved and made a part hereof for all purposes and the regula• conditions, and provisions herein contained. IstAT day oofniisnuirro~ 1960 tits oa<n Denppendixa to then Code the Ordinances of the City of Denton Texas under Ordinance No. Dlathctsclassificationhandb61* subj etrto =tee above tendttions and specifications, SECTION Vt. yY findsh thathesuch ychange is fIn acceirrdonce with Denton, comprehensive plan for the purpose of promoting the `anneal welfare of the City of Denton, Texas, ant with reasonable consideration, anon= other things for the character of the district and for its pecullor suitability or particular uses, and with a view to conserving the value of the buildinss, protecting human Ilvas, and encourm`ing the most appropriate uses of land for the oaxleum benefit to the City of Denton, Texas, and its tautens. SECTION V11. Any person who shall violate a yrevision of this ordinance, or tails to comply therewith or with arty of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punlsbable by a tine not exceeding One Thousand Dollars (=1,008.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION Y11;. That this ordinance shall become effective toetteen (11) days from the date of its passage, and the City Secretary Is hereby directed to cause the caption of this ordinance to be publlshad twice in the Denton Record-Chronlcle, the official newspaper of ,the City of Denton, Texas, wlehlrt ten (10) Jaya of the date of fts passage, PASSED AND APPROVED this the 02~ day of 1016. RAT CITY DENTON, TEXAS ATTESTt CITY DENTON,,TEXAS APPROVED AS TO LEGAL FORMt DEBRA ADAMI DAAYOVITCN, CITY ATTORNEY CITY Of DENTON, TEXAS A. I•ltfg/PAGE 6 37. _J t 1 We Survey, Abstract Numbee 1407 and the F. Rstesa Surrey, Abstract Number 43, Denton County, texas and being A tract do Cribod IM a Quit Clete Dead'to Dillon F. Smith and John Linn Smith, recorded to Yo2me 606 pa`s 193, Deed Records and part of a tract described in a deed to Dillon F, and John Lino Sol h, recorded in Volume 606, pap 394, Deed Records pert of a tract to Dillon F. Smith, Trustees recorded in 4 volume T, poelt 3%, Dead Records, and pert of a tract to John Linn Smith and VilIon Francis Smith, recorded in volume 512, pale 573, ppaart of a tract to Frank V. Need, recorded in volume 660, pale 726, Deed Records and belnl more particularly described as tallowl bolinntn at s fence cornet poet at the northwest corner of the tract described is vo:us@ 606, pale 393, Deed Records$ Thence North 69 degrees 45 minutes 35 seconds test With a tones 1902.32 test to an Iron pin found to the grounds Thence worth 00 degrsas 19 minutes 23 gotanda Fau 739.43 tut to an Iron pin found in the ground on the South right-cf-voy of U.S. Nishwey 771 Thence South 54 degrees 56 minutes 17 seconds test With the south line of said U.S. Nllhway 77, 694.30 test to a fence tartar posts Thence South 45 degrees 06 minutes 04 seconds Fast 62.39 feet to a fence corner posts Thence South 26 degrees 01 minutes 56 seconds test with the wit line of bonnie brae 379.32 feet to a fetes corner posts Thence North 19 dyrees 45 minutes 35 aaconds Fast 32.40 toot to an iron pin act in the center of bonnie bra, said corner being the northeast corner of said volume 606, pole 3931 Thence South 00 degrees 19 minutea 20 seconds Vest With sold amt line 1902,59 test to an iron pin nest in the grounds Thenta South 89 degrees 36 minutes 37 seconds Vest with a fence pert of the way 997,40 test to an iron pin set to the ground= Thence South 00 degrees 13 minutes 23 seconds Vest a distanee of 1444.99 feet to an iron pin got at a point in the south line the tract described in volume 606, page 396 and In the north line of tract described in volume 512, pale 571, Deed Records; Thence South 69 degrees 30 minutes 41 seconds test with laid South tine 61-16 loot to an iron pin set in the ground ■t the northwest corns of the o4capted tract described lot Vol" 512, pole 57), Deed , Recordas Thence South 00 degre68 46 ainutes 12 seconds Vest With the West ttne of said excepted tract 237,62 Get to an iron pin lot in the ground at its southwest corners " Thence South It degrees 11 minutes 59 seconds Gat with a tents on the south line of said excepted tract 900.0 toot to a Grace corner post at the southeast corner of the excepted tracts 1 Thence North 00 dalrese 46 minutes 01 ascends fast with a fence on the list line of the excepted tract 242,52 tut to a tons cornet posts Theme* South 19 degrees 31 minutes 20 seconds Pant a distance at 23.67 Got to in iron pin set in the goat line of said Vide Surreys thence South 00 degrees 19 minutes 21 ascends Vat With the east lima of the Wade Surrey 916.79 tut to an iron pin set im the grounds Thence North 09 4411068 49 minutes 11 Ascends Vest With a tense part A Needs the Way U20,2 feet to an iron pin found !n the center of Payne Radl Thence North 00 degrees oS minutes V68t with the canter time of Fyne Road 290S.45 teat to an iron pia feundl rees 14 isjoutOd 46 1~ 1.13 toothto the degint of beginning Andeeantaining 299.174 acres of land. 2.1719 r- EXHIBIT "8" I I I I rr . Oil 39. „ . I I 1 C I f 'i Cf+F; 1 7 i lj jr it 28$.. -r' j / S Y ,rF( - 1. U I~ . R~14 e• ATTACHMENT 2 1 MR. ENGELBRECHTS okay. Item mo. 9 is to f 2 continue a public hearing and consider making a 3 recommendation to City Council regarding amending the 4 Concept Plan for Planned Development 115 encompassing 5 approximately 231 acres, The property is generally C 6 located north of Windsor Road. The concept plan proposed 7 is for mixed use development including single family and 8 multi-family residential and commercial uses. 9 Agenda item 10 is to hold a public hearing to and consider recommending approval to city council for the 11 detailed plan for Planned Development 115 encompassing 12 approximately 194 acres, The property is generally 13 located north of Windsor Road between Bonnie area and 14 Westgate. The detailed plan includes open space and 15 single-family residential us. At this time I will open 16 both public hearings, 17 MR. RISHELs Clarification. on my reading of 18 No. 10, it reads 195 acres. I don't know if that's 19 MR. ENGELBRECHTS Mine says 194, but Mr. 20 Bucek indicates we're legally in good shape. 21 With the public hearing being open, I will ask 22 Mr. Reichhart to provide us with a staff report regarding 23 both issues, 24 MR, REICHHARTS For clarifications, on the 25 acreages, what we're trying to do is approximate, average 41. I G V I them up, send them notifications. And then in the I ' 2 ordinances, we get the exact acreages, just in case 3 there's something happens. One way or the other they 4 would cover it in the public hearing. We're looking at 5 the site in the northwest quadrant of the city. We are 6 looking at a concept plan tonight and a detailed plan. 7 And I think the best way to address the detailed plan, 8 Parcels A and B are not included in the detailed plan. 9 They have multi-family in the commercial portions. 10 You are looking at about an 19.23 acre site in the 11 southwest corner of the parcel that would be dedicated as 12 a school. We are also there's is a road, single road 13 now of SF-1619 along the western property and then 14 adjacent to that would be a row of SF-101s. The remainder 15 of the site is 7, parcels C, B and E are 5,000 square foot 16 lots. Throughout the complex there's approximately 22 17 acres, a little bit more than 22 acres of open space 18 scattered throughout the development. In the backup we 19 have broken out the diff9rent acreages for each parcel, 20 how many lots would be included in each parcel as far as 21 density per parcel and overall density. To include the 22 single family and the iqulti family parcel, we're at about 23 4.2 units per acre. If you recall the northern portion of ~ , 24 this site is in an urban area or in the new comprehensive 25 plan. It's the regional issues areas, which encourages 42. Z c' I 1 higher densities. And you just factor that cut, the e 2 remainder of the parcel is at about a 3.2 unit per acre 3 density. I'm including the Homeowner's Association, open 4 lots, the school site and such. We are at present at 5 about we are exactly at 18.6 opposition. if you'd like 6 we could go into that tonight and how that it calculated. 7 But we do use the computer to actually calculi-te the area 8 within 200 feet of this parcel. We know the exact acreage 9 of that. In this case it's about it's 71.95 acres 10 lying within 200 feet of this parcel. Then we take each it site that is sending a letter of opposition, calculate the 12 area of that lot within the 200 foot border. For example, 13 the property owner of that parcel in orange, expressed his 14 opposition of this development. It is only that area 15 within 200 that is calculated in opposition. So we 16 calculate each individual lot within that 200 foot area, 17 calculate the totals for each lot address, acreage, simply 18 add it up and do the math. We are at 18.6 percent 19 opposition right now. 20 The detailed plan for the site identifies the 21 individual lots associated with each parcel. 16,0001 22 10,000 square foot lots, 7,000 square foot lots, 50000 23 square foot lots, the open space areas that are identified A. 24 with eAch parcel, the school site, flood zone area, the 25 roads, the right-of-ways that would be developed as 43. 3 c. ' I this goes through the process and the detailed planning, 2 assuming it's approved, the next process would be going 3 through the platting where we did the geometry, exact 4 geometry and exact acreage of each lot on the plat, the i 5 file, get the utility information, construction drawings 6 and such. 7 But In essence, this plan that we're looking a at, detailed plan, is what would be built. We can let the 9 applicant speak or I'll answer any questions that you 10 have. 11 MR. ENGELBRECHTS Commissioners, do you have 12 questions? Any questions? Okay. If you would give us { 13 your name and address for the record. 14 MR. ARTERSURNs Tary Arterburn, MESA Design 15 Group, 3100 McKinnon, Dallas, 75201. I'll just be 16 extremely brief and share with you some of the changes 17 that we've made to the plan since the last public 18 hearing, we did accomplish a third neighborhood meeting 19 and had a number of conversations with the neighborhood I 20 and offered to have a fourth one recently. We did send 21 out this plan to most of the neighborhood that we had 22 addresses labels for so they knew what was to be r' 23 anticipated for this evening, We also have been working A, 24 with the staff on some fine-tuning of issues and that 25 was one reason for the initial delay that we asked for 44. l~ I i was to actually perform the detailed plan and sort of f 2 work out all the details with the staff, which has been 3 accomplished over the last month, I suppose. 4 The, I guess, significant things that should 5 be paid attention to is we did add an additional three 6 acres in the school/park site which brought it up to a 7 gross acreage of 18 acres and a net usable acreage of 15 8 once there is some filling proposed in the floodplain 9 and a straightening of this channel so that it would 10 become a drainage way on the very south property line. 11 And the reason for that is that it makes it's the most 12 efficient use of that site for the school and the park 13 combined. We had, I think, at least three meetings with 14 the park and the school in working that out and I think 15 everyone is happy with that on the staff. So that was a 16 fairly significant accomplishment. 17 P,ecause of the neighborhood concerns on the 18 Westgate residents, they were not terribly much in i 19 support with the four house shared driveway concept. 1 20 think their goal really is to have the least amount of 21 traffic from those houses on Westgate. And so in 22 looking at several options that the neighborhood was r r' 23 directing us toward, one of which was a brick wall, we 24 felt that the beat sort of rccommendation that we 25 thought the staff and the Council and the Pit Commission 45. F ~ A I I would support would be to reduce that to a single row of 2 houses, which there are now 16 houses facing Westgate 3 with one driveway each. They're 150 feet wide. Is that 4 correct? And so that cuts the amount of cars entering 5 Westgate by half. We took the remaining property and 6 turned it into SF-10 on the back side of that and faced 7 it inward and kind of brought our street over and 8 actually there was no increase in the number of lots 9 there because of the amount of roads that punched 10 through in that particular area. 11 The rest of the plan pretty much stays in i 12 tact. We've worked out with the engineer a lot of the 13 geometries and what have you. And I think that is all i 14 of the comments that I have. I'll be glad to answer any 15 questions at this point. 16 MR. ENGELHRECHTr Are there questions? I 17 see yes, Ms. Gourdie. 18 MS. GOURDIE: Well, first of all, we have a 19 vote thing up which is very interesting. Just curious. 20 I was wondering if you were able to find out what y'all 21 would like to do about the dedication of the school's 22 property after the two-year information. In the backup 23 you had provided that if after two years this property A 24 is not purchased or developed for a school site, it 25 would revert back to SF-16 and SF-71s. 46. I MR. ARTERBURN: Right. our proposal is to t i 2 dedicate the school site within a two-year time frame 3 pursuant to the DISD actually deciding that they, in 4 fact, do want it and it's feasible for them to develop 5 and what have you. We had a meeting actually at 5:00 6 o'clock this afternoon with them to discuss that time 7 frame and I believe Todd Parton is here and he'll be happy e to answer that question. But my understanding is that 9 they feel that two years is an adequate amount of time for 10 them to make that decision. The reason we put that 11 stipulation in there is the development group that we're 12 working for felt like if the school took the dedication 13 and then decided not to develop a school and then 14 consequently sold the site, which has happened in the 15 past, that they would not be very happy about that 16 particular thing going on. So we would prefer that the 17 school be serious about developing a school site before is we formally dedicate it. So that's the reason it was 19 written like that and I'?.l let Todd answer that question 20 in more detail. 21 MS. GOURDIE: Thank you. Appreciate it. 22 MR. ENGELBRECHT: Mr. Williams. 23 MR. WILLIAMS: I'm trying to get out of here A+ c 24 but explain to me the two-year plan again in regard to 25 the school site. Because when I look on here it says 47. I school public lands, so that could be a school or a park 2 by what I read. 3 MR. ARTERBURN: The intention is that the 4 school, the DISD and the Parks Department will get 5 together and decide how to split this 15 acres. And it 6 would either be ten to the school and five to the Parke 7 Department or 12 and a half or something to the school and 8 two and a half to the Parks Department, which would be the 9 minimum amount to the Parks Department because we need 10 that for our ordinance dedication and we have about two or 11 three acres on the rest of the site. So in the platting 12 process that would be divided and, in fact, you know, that 13 can be a detail that's worked out and we've asked them to 14 get together and give us that information. 15 So the park dedication would be a permanent 16 dedication regardless and it most likely would be can 17 we have the scope camera again, please? The Parka 18 Department is most interested in this piece of land I 19 which is adjacent to the residential collector because 20 they feel like that will serve the most number of 21 people. So, most likely, the sort of easterly third of 22 this property would be permanently dedicated to the 23 school. The rear two-thirds of this would be held to be 1~~\ 24 dedicated to the DISD, I guess, presuming that they 25 would do their own feasibility study and et cetera, et 48. Q 1 1 I 1 cetera over the next two years. And if they decided 4`' 2 that they for sure were committed to develop it before 3 that, then we would dedicate it to them at that time. 4 MR. WILLIAMS: I guess ny question had to do 5 with if DISD within the next two years say they didn't 6 want it, which I think that's very unrealistic, could 7 that whole acreage which is 18 point something acres 8 revert back to a park? Because if we have that many 9 acres, then it will become a public park and that's the 10 question I'm asking. 11 MR. ARTERBURN: Well, out proposal is it I 12 would revert to single-family zoning and probably be 13 developed as single-family lots and still provide you 14 know, we could make some stipulation of a minimum of a 15 five-acre park in that area if that met your approval. 16 But, initially, when we brought this plan to the Planning 17 and Zoning Commission, we had a five-acre park located 18 in another area of the site and we moved that five acres 19 down to this zone and have, consequently, added about ten 20 acres over the period of the last six weeks or so. And 21 we're hopeful that the school will develop the site 22 because I think it would be a benefit, not only to this i 23 neighborhood, but to the surrounding neighborhoods. ~A ; c 24 But it would be our proposal that should the school 25 decide not to develop it, that the rear I mean, the 49. cI 1 westerly two-thirds would revert to single-family in 4 2 continuing the SF-16 and SF-7 down towards the south. 3 MR. WILLIAMS: Thank you. 4 MR. ENGELBRECHT: Are there other questions? 5 As a comment, I would like to see that the park area, 6 given the creek, the way it's placed now, delineated if 7 this goes forth. Say that the City has some understanding 8 of what area they would be getting. 9 MR. ARTERBURN: Something like this from our 10 discussions with the Parks staff and it would not 11 include this floodway because they would like that, 12 instead, dedicated as a drainage, public utility 13 easement. 14 MR. ENGELBRECHT: Now, that dedication of 15 the acreage assumes that the floodway would be moved. 16 it matters not no matter what scenario plays out, the 17 floodway will be moved? 18 MR. ARTERBURN: Right. 19 MR. ENGELBRECHT: Okay. And that leads me 20 to my next question. Will that require FEMA approval to F 21 move that floodway? 22 MR. ARTERBURNt I believe that is correct 23 and preliminary hydraulics had been done on that and it is A. 24 anticipated that that can be done and it has been 25 discussed with City staff and we have the engineer here if 50. , C~ c. z , 1 you would like to ask him that question. 4 2 MR. ENGELBRECHT: That's okay. But the only 3 question I have is, does the City feel that there's a good 4 chance, and I guess I'll ask the City folks, that that can 5 be accomplished. Because if it's not, it changes 6 everything. I mean, the school district all of a sudden 7 becomes less interested, I think* s MR. REICHHART: We do believe there is a 9 good chance that that can be accomplished. one other 10 item, I was talking to Ed Hodney prior to this meeting 11 and the exact configuration of what will be park, what 12 will be school will be worked out as the school site is 13 actually designed. And this is something that we've 14 done before with the school district to determine. And 15 that line, exact line will be delineated at the time of 16 platting. 17 MR. ENGELBRECHT: Okay. But the access to is the school site would be well, it could be the other 19 way, I suppose. But I recognize, it seems to me that 20 it's important that that park be on the eastern side 21 because it allows access to the neighborhood, which we 22 moved it down there because it had a great access park in 23 the middle of the neighborhood and this is sort of a A, 24 trade-off in order to get the school. 25 MR. REICHHARTS And there might also be a 51. c. I driveway off of this road to the school site. t 2 MR. ENGELBRECHT: Right. I understand. 3 Okay. All right. But what happens, let's me ask you 4 this, what if FEMA says no? Then what sort of a 5 situation are we in? 6 MR. REICHHART: I think that could be better 7 directed towards the school district. I think the e portion that would be dedicated for park would no longer 9 be acceptable to us because it's not going to be really 10 usable. I think the school site is still functional and 11 they may utilize more of the site and the applicant may 1 12 either try to reclaim some of this for lots or they may 13 end up paying a fee in lieu of park land. If this 14 configuration changes and the use doesn't change, they'd ~i 15 have to come back for a revised detailed plan. So we 16 have initial control. 17 MR. ENGELBRECHT: Right. We do except that is if we take a fee in lieu of a park, all of a sudden we i l 19 don't have a park in that more dense area that had been 20 planned there before which sort of helped make the thing 21 work. All of a sudden 22 MR. REICHHART: Right now, the total acreage f 23 wouldn't cha,:ge. That would still be open. The rA1;,~ c' J 24 question would be would it all be Denton independent 25 School District, Would it all be a drainage easement. 52. 1Z r 1 1 Would a portion be park? Would a portion be HOA. Right 2 now, the total amount of open space wouldn't decrease. 3 They'd have to come back in order to get any more lots I 4 on that property. So this configuration would stay the 5 same, where that drainage ditch might change, but as you 6 drive b}, you would still see the same amount of open 7 space. The question would be is it City of Denton open 8 space? is it private open space or HOA? Is it a drainage 9 easement? You know, it would still be open space. 10 MR. ENGELBRECHT: Okay. Did you have a 11 comment, Jerry? 12 MR. CLARK: I was just going to tell you 13 that there is no history of FEMA ever denying anything 14 like this. There's plenty an adequate drainage 15 facility is going to be provided. And as long as you do 16 that and you don't increase the floodplain, you're 17 actually going to reduce it and narrow it, I would think 18 the only person they would have any problem with would be 19 the Corps of Engineers. And this stream has already been 20 modified through other areas so it's not a natural stream 21 until it actually gets down into the major lake. I wish 22 Dale was here. 23 MR. ENGELBRECHT! Okay. Maybe it was the 24 Corps that I was more concerned about. I know we've had 25 some problems on the north side of town with one held up. 53. 13 1 \I f I MR. CLARK: The Corps of Engineers it gets a 2 into whether or not it should be left in a natural state 3 or not. The FEMA people will they'll let you do that 4 as long as you provide adequate capacity through there. 5 MR. ENGELBRECHT: All right. I was asking 6 about the wrong agency. 7 MR. CLARK: I think enough of this stream 8 hats already been modified. I don't know if this is even 9 too small for them to look at. That's something they're 10 going to have to determine. 11 MR. ENGELBRECHT: Okay. All right. I 12 didn't want to hold everyone up but I think that changes 13 the whole scope of that. one other question I have is, 14 and this was asked of several residents, I understand 15 that the apartment, multi-family units or apartment 16 units in the commercial district have been completely 17 dropped. That's the way I read this 18 MR. ARTERBURNt Correct. 19 MR. ENGELBRECHT: zero. Okay. Very good. 20 I have no other questions. Anyone else have any 1 21 questions? Thank you. 22 MR. ARTERBURN: One request has beer made this r 23 evening regarding front yard for single-family lots to At~`` e 24 include porches. And there was some verbiage, I think, in 25 another zoning case which we are quite happy to include. 54. c~ 1 It's been the recommendation of the staff to maybe include " 2 this in our PD and we're fine with this, if that's the i 3 desire of the Commission. 4 MR. ENGELBRECHT: Okay. 5 MR. RISHEL: Could we get into that? 6 MR. ARTERBURN: Well, I'm not sure if I 7 totally understand it myself but I believe that 8 MR. RISHEL: Well, summarize it for us. 9 MR. ARTERBURN: Okay. He can do it. 10 MR. REICHHART: One of our upcoming cases is I 11 very similar to this request in that they're requesting 12 that front porches could extend into the front yard an 13 additional five feet. And we have a definition of what a 14 porch is. As we were talking with a couple of the members I i 15 of the commission, it teemed to make sense to allow if the 16 applicant was agreeable that same type of operation on 17 this development to include porches to make the community 1 18 more of the walkable community, get people out in front of 19 their houses, that type of thing. So we just asked the 20 applicant would you be willing to do something like this, 21 put this as a condition, put it right into your 22 development standards, if the total Commission would agree 23 to that. And they're willing to do that if you are. r A c, 24 MR. RISHEL: There seems to be as much 25 public opposition to that though as the original plans. 55. , ~j t ca 1 ~ cI i I I 1 I'll just throw that out. j 2 MR. REICHHARTi opposition to having porches 3 on extending in the front yard? I 4 MR. BUCEK: Going the additional five foot. I 5 MR. REICHHARTt it's the porch, and we've got 6 to clarify, it's not the house, it's the front porch and i 7 it's definitely not the garage. 8 MR. ENGELBRECHTi Yes, Ms. Gourdie. Go 9 ahead. 10 MS. GOURDIE: I do want you to clarify that 11 because on Lynhurst where I live someone put up a house 12 and they defined it as a porch because they have a 13 garage but yet they store their car and everything, they 14 drive under there. And on the review plans and on the 15 building permits and everything it said it was a porch 16 but it's being used as a place to store their vehicles 17 and so forth. So why I'm curious is 18 MR. REICHHART: The definition of a porch 19 means an open, unenclosed, unobstructed, and nonhabitable 20 space with structural supports, columns, attached to the 21 front of a single-family dwelling facing a public street 22 and used for a purpose customarily incident to the main 23 structure, not including those allowed in accessory A, - n 24 buildings in residential districts. 25 MS. GOURDIE: Well, it sounds like exactly 56. ' lp h (s 1 I I I 1 what we've got and we've got a person using it as a ~k 2 driveway. So I think that it needs to be saying that it 3 has no concrete or it can't be used with driveway access 4 or something because this person took that definition 5 exactly as you've got it there and made it into a 6 drivpday. 7 MR. RISHELi I think that circt+mvents the 8 setback that we've already set forth previously. That 9 changes the whole texture of that community. 10 MR. MCNEILL: Let's leave it out. tl &IS. GJURDIE: Until it's defined better. I 12 mean, I love the idea of a real true southern porch where 13 you t.ave the four steps up and you walk in and you've 14 got th. guardrail. 1,hat, to me, is a porch. But I i5 think people are misdefining it and using it as a 16 storage area and they've taken away the beauty of what 17 thb porch is meant to be and making it to store their 18 toys. 19 MR. RISHEL: I appreciate your offer, Mr. 20 Arterburn, but I think we may prefer to leave that out. 21 I'm sure that the Commission will make that decirion. 22 MS. GOURDIEI Right. I was just clarifying / 23 it because, like I say, I'm not causing trouble because I j4 ; c 24 believe in porches. I just don't believe that we'vc 25 defined it to where it's not going to be abused. 1 57. t t I MR. WILLIAMS: I agree with the Commission. i 2 If it had a size to it, a size limit, I could deal with 3 it. But where it has no size limit, it can be big as a 4 house. It's not a porch. It's something else. 5 MR. RISHEL: A carport, an extension of the 6 house. i 7 MR. WILLIAMS: Well, something else. 8 MR. ENGELBRECHT: Okay. I011 comment on 9 that later. 10 MR. BUCEK: While you're on this point just 11 be sure, you may want to check with our City prosecutor 22 because using that as a garage may be a violation of the 13 zoning in that area and vo may be able to enforce it in 14 another way. 15 MS. GOURDIE: It is. The neighborhood 16 association said that you can't do that but because it 17 was on their building plans as a porch, it was approved. is And they could easily say, oh, but it is a porch, and 19 put a chair out there, but it's a driveway. 20 MR. BUCEK= Right. I understand. But all 21 Ism telling you is when you use a porch for a garage, i 22 think it's a violation of our Zoning Regulations and ►o r' 23 we could stop it that way. A r, 24 MR. ENGELBRECHT: Before this case is over I 25 would like staff to comment on the purpose of why they 5S. 1 t. I want those and et cetera because I view this much 2 differently than the rest of you, I gusss. 3 MS. GOURDIE: Because you don't drive by it 4 every day. 5 MR. ENGELBRECHT: We do have a number of 6 individuals who have requested to speak on this issue. ' 7 some in opposition, some in support, and some who didn't 8 indicate at all. I have one in support who wished to 9 speak. Mr. Arterburn, I believe he did already. And I 10 have a card excuse me, these are not to speak. I'll 11 read those in a moment. I was thinking these were to 12 speak and I'd written them out and they weren't. Given 13 these cards, I will ask is there anyone who would like 14 to speak in support of this request? I have a number of 15 cards and I will read those at the end here but they 16 didn't want to speak. Is there anyone present who would 17 like to speak in favor of this request? Anyone present is to speak in favor of the petition? 19 In that case, I do have a number of card9 of 20 individuals who would like to speak in opposition. 21 Maybe these are all cards in opposition, too. I'll 22 cover the cards momentarily. Is there anyone present i 23 who would like to speak in opposition of the petition? rir,, a 24 Yes, ma'am. 25 MS. DARBY: Sherry Darby, 2208 Crest Meadow, i~I 1 i ~ l I and this is in opposition to PD-215. I guess the { 4 2 problem we have so much is not with the development 3 itself. But, like I said, before in regards to the I 4 Comprehensive Plan, I think that the Planning Department 5 has speaking with these planners that they have used, 6 the Comprehensive Plan guidelines or the proposed 7 Comprehensive Plan guidelines, this is actually from 8 MESA, the Smith tract development. The land use plan 9 falls within the guidelines of the current Comprehensive 10 Plan and follows the proposed density, model, and 11 planning goals for the new Denton Comprehensive Plan 12 prepared by City staff. Again, those density tables 11 that we've thrown out, they've not too happy about 14 the size of the lots over there. And what we have now I 15 are SF-101s. We'va got 16's and 7's. And the average 16 density, I guess, in our neighborhood is 7 so we've got 17 lots of, you know, these 5's in heres which are kind of 18 out of the loop. 19 And I've also put together a survey. My 20 husband and I got, I guess, really bored one morning and 21 we went through the neighborhood for about an hour to 22 see what we actually had out there. We'va got 344 23 homes. The average brick composition is 89.46 percent. A' r 24 If you'll look at what ttay have on a lot of these 25 buildings out here, they have 75 percent brick. So I just 60. 2 0 z I1 r I ` 1 want to let you know what is already existing in the t I 2 neighborhood, 89.46. We've also got some areas they 3 were asking for two and a half stories on some SF-51s and 4 I think the commercial is three story. The present 5 neighborhood, we've got two-story homes. That's even 6 stretching it to say that because most of those homes are 7 one and a half stories and they're not even visible from 6 the ftont of the two-story homes, So I don't want the two 9 and a half story SF-51s and i don't want those three-story 10 commercials. We want to meet the standards of the present 11 neighborhood or exceed them. 12 And I also had another problem here. I'm 13 worried about the skinny streets. I don't want to have 14 a new developoent, as I said before, that they're trying 15 to go by tha guidelines of the proposed, whatever, 16 comprehensive Plan. I don't want those skinny streets 17 in there either. I'm also concerned about that school 18 site. We've heard dedication, donation, acquired. We've 19 heard several different terms. If y'all could kind of 20 lock that down. 21 I'm also concerned, there's a couple of 22 people who have livestock over there so we do need to 23 have a reinforced fence running along this side towards O;; 24 Bonnie Brae. And it's not only the area that adjoins 25 the Smith's property, down a little bit, too, there's a 61. 2 r c I lady that owns Longhorns. And so I want the developer 2 to come back and let it be their responsibility to keep 3 that fence reinforced. I know last time before this was 4 continued, M3. Gourdie made a comment about the cows 5 behind there. on Crest Meadow Street I've had cows 6 behind me until, you know, PD-86 was developed for four 7 years and the cows were never a problem. The smell, 8 anything. Actually, they are wonderful. The only 9 problem I had is not so much for the smell. The 10 neighbor's dog smelled more than the cows did. So that 11 just gives you some perspective. I know you were 12 concerned about that so I really don't foresee a problem 13 with the livestock. But we do need to have that fence 14 reinforced. And I know the Smith's can probably take 15 care of themselves in this situation but there is a lady 16 next door that has the Longhorns. 17 And I'm also concerned, too, about the 18 traffic here because under the CIP Windsor was not given 19 the funds to be extended or it wasn't listed on the CIP 20 in spite of tho fact we had 300 peoplo from our 21 neighborhood and the surrounding area that signed a 22 petition asking that Windsor be extended. And so we A 23 foresee there's going to be a traffic problem there, so if 24 y'all would take that into consideration with what's 25 coming up. That's all the comments I have for now. 62. 2.2/ r t I MR. ENGELBRECHT: Any questions for Ms. 2 Darby? You had made mention of the difference in the 3 brick. Do you have any request with regard to as 4 stated in the PD, there is to be 75 percent bricl: fI 5 coverage on the 5,000 square foot lots and there's no 6 statement other than pet ordinance on the 7,000 square 7 foct lots. Do you have any requests? 8 MS. DARBY$ Yeah. I'd just like to see a 9 condition put on it that it meet the standards of the 10 neighborhood. And at 75 percent the only concern about 11 that is, I've heard comments before that, you know, I 12 don't know so much what the building inspectors do here 13 in Denton, but we don't have proof that the builders are 14 actually building 80 percent or whatever percent. It's 15 very hard to verify some of that stuff so I'd rather set 16 a higher goal and hope that they meet it. But that's 17 just presently what we have in the neighborhood is 89 18 percent brick so if we can come close to that, that 19 would be great. 20 M.R. RISHEL: A question for you. I 21 appreciate your survey that you put together here on the 1'I 22 brick concentration and the two-story, one-story A 23 situation. I've worked on several of these houses in that 24 neighborhood and I'm just thinking that the majority of 25 them, and correct me if I'm wrong, are siding in the I 63, Z,2 c I back and brick on three sides. 2 MS. DARBY: We did put a legal disclaimer on 3 there, my husband and I actually, because we were afraid 4 we've had developers in the neighborhood that are 5 have been kind of suit happy, bringing attorneys and 6 things to the we had to put a legal disclaimer on 7 there. My husband and I drove around the neighborhood. 8 We are residents. I'm not going to crawl in anybody's 9 back yard and get in trouble with their dog or whatever. 10 So that's primarily looking from the front of the 11 building and the sides of the building and kind of 12 peaking around like I turned the corner, so that is not 13 a professional survey. That's just strictly done by us. 14 MR. RISHEL! Weal, most of what you on 15 Crest Meadow is fairly visible from the road, a lot of 16 those houses. 17 MS. DARBY: Yes. And, see, I used my house 18 for example, also. But some of those homes we were able i 19 to actually look in the back when the homes are spaced 20 out a little bit. So, yeah, we may have missed a strip 21 of siding on the back. I 22 MR. RISHELS So have you factored in the 23 fact that maybe the majority of those are actually O, r, 24 siding in the back? j 25 M3. DARBYI No. 64. a~ 1 C' V 4 1 MR. RISHEL: They're not? 2 MS. DARBYt No. 3 MR. RISHEL: I wanted you to correct me if I 4 was wrong. Okay. And on the two-stories, does that 5 seem to be the same situation where they're brick for 6 the two-stories? 7 MS. DARBY: Yeah. 8 MR. MCNIELL: Front and back? 9 MS. DARBYS Yeah. 10 MR. RISHELI Okay. 11 MS. DARBY: So that's the thing though, you 12 may see, like on our side of the house, 13 MR. RISHEL: I appreciate your disclaimer. 14 MS. DARBY: we do have, like, a stip that's 15 siding, and, also, our back porch has got siding on it. 16 You may see it more in the porch area but you know, , 17 there may be some siding back there but I'm not saying the 18 whole back side of the house is going to have siding on 19 it. There's no way on most of those houses. f 20 MR. ENGELBRECHTs Okay. Mr. Moreno. 21 MR. MORENOs Yes. Explain to me the 22 distinction between a two-story and a one and s half 23 story. '1~ 24 MS. DARBY: What you see in our 25 neighborhood, you've got the homes, they look like a b5. C 1 I one-story building. But what happens if you turn the 2 corner or you start looking at the side of the building, 3 you see that there is that second-story window back there. 4 So they may have one or two rooms up there on that second 5 floor. But if you look at this here that they've got, it 6 says two-and-a-half-story homes so I was thinking, well, i 7 fine, I'm not going to call it a two-story. It'a just 8 going to be a one and a half story. So that's just a 9 distinction. You can't see it from the front that the 10 house is a two-story home until you get that side 11 perspective. 12 MR. MORENO: But there are living quarters 1.3 upstairs above the 14 MS. DARBY: Yeah, yeah. Maybe a room or 15 two. 16 MR. ENGELBRECHT: Okay. Any other 17 questions? Thank you. Is there anyone else present who la would like to speak in opposition? Anyone also present 19 to speak in opposition? In that case, I do have a 20 number of cards both ways and I just want to make sure 21 that we have those on the rezord. I have, first off, a 22 number of cards in support. Dillon Smith, plan is i 23 excellent, much better than the currently approved plan. ~ A. 24 Dorothy Smith, plan is definite asset to our neighborhood 25 and the city. And then I have no comments but in support 66. a YJ r II 1 I I from Shawn Smith. You dontt suppose these are all 2 related, do you? LaRes Smith, Todd Smith, Martha Duke, 3 Wallace Duke, Earla J. Smith, and John Smith. f 4 And I have cards in opposition from Joyce 5 Poole and I believe you have some material that you 6 received, printed material. I also have opposition from 7 Kenneth Green, do not want more traffic on narrow 8 Westgate. Would prefer brick. Also, would like Windsor 9 or Westgate to be accessible to I-35. Jan Jenkins, 10 concerned about traffic on Westgate Drive. And then I do 11 want to point out that I have a card with no indication of 12 the direction, Grace Hall. She simply says, I would 13 prefer that houses rather than a wall acroFi the street 14 from my home on Westgate Drive. And I t.ave one card from 15 Rick Woolfolk and he is addressing the issue of the school 16 site which we, basically, covered already. And that 17 concludes all the cards. 18 MR. WILLIAM Since he's a school board 19 member, did he write anything specific? 20 MR. ENGELBRECHTt He said the group has 21 entered into discussions with DISD for the donation of 22 adequate land for a school site. The gift is subject to 23 approval of a district within two years to determine if A y 24 the site is, indeed, adequate, which is, basically, what 25 we were told here earlier. 67. 1 I MR, WILLIAMS: Okay. If they like it, I R 2 love it. 3 MR. ENGELBRECHT: He had to I believe 4 that he had to laave and wanted to make eure that 5 information got .n the record, 6 MR. WILLIAMS: I j,..: wanted to know what 7 the school board member had to say about the schools. a MR. ENGELBRECHT: Okay. All right. At this 9 time, we'll give the petitioner an opportunity to speak 10 in rebuttal. Mr. Arterburn. 11 MR. ARTERHURN: Probably not a rebuttal but 12 just a couple of clarifications, There is a fence 13 proposed around the Longhorns and the Smiths that is to 14 be steel posts and wood pickets, so to speak, and I 15 don't think the developer would have a problem with 16 maintaining that. And that should be a consistent I 17 designed fence for all the backs of those houses that 18 back up to those properties. 19 The skinny streets is not being engaged in 20 this particular plan. Our discussions with the staff is 21 that we would go under the current street standards. 22 The plan, also, for clarification purpoass, meet:, the r~ 23 density that is under the current Comprehensive Plan and A` ' o l j~ \ 24 the future Comprehensive Plan, so it really meets both 25 a%,,indards. And the two and a half story was writ?en in 6 8 . ~q c I there for some of the housed really to allow a 35-toot I 2 peak to the house and potentially, I guess, a room in 3 the thirst floor. In some cities, two stories doesn't 4 get you to 35 feet so that's why ':e wrote that in there. 5 The three stories in the conmercial already has been 6 reduced to two stories and that's included in your PD 7 writeup. e And our proposal in the SF-5's was to have 9 75 percent brick and that is based on some other 10 projects rnd discussions with both Pit and Council 11 members wl,a felt like that was something that would be 12 good to hand in SF-51s. From my own experience with 13 this brick standard is I really don't honestly think you 14 have anything to worry about because the marketplace for 15 these builders, I think, will accomplish at least 75 10 percent brick, if not a little bit higher than that. ! 17 And I think what's in the neighborhood to the south will i 18 probably actually be exceeded without having to make it an 19 ordinance, but I'll leave that in your hands. 20 MR. RISHELS 75 percent, all sides? 21 MR. ARTERBURNS Correct. That is in the SF-5. 22 I'll just clarify that. It is not on the whole project. 23 MR. RISHELS if the school site for some A r 0 24 reason reverted back to you, and I disagree with the 25 school district agreeing to a two-year time frame or 6y, 4 U I ourselves, either one, but if it were to revert back to 2 you, how would that change your density? 3 MR. ARTERBURN: I don't know that answer, to 4 be honest with you. I'd have to get a calculator out 5 and it's 1:00 o'clock. I would imagine it would go up 6 just slightly. I guess we could calculate that if you'd 7 like us to. e MS. GOURDIEi Well, we'd lose 13 acres of 9 land which is considered 10 MR. ARTERBURN: You'd lose about ten, r 11 think, and the number of units would go up, you know, 12 something like 3.5 per acre or something like that. 13 MR. RISHEL: Okay. Thank you. 14 MR. ENGELBRECHT: Are there other questions 15 for Mr. Arterburn? Ms. Gourdie. 16 MS. GOURDIE: I'm curious as to why you say 17 only SF-5 has the 75 percent brick co:9ition and not the 18 other size homes, lots. 19 MR. ENGELBRECHT: Because that was a 20 specific request from an informal meeting I had with one 21 of the Council members for SF-5. 22 MS. GOURDIES And the reason being? i 23 MR. ARTERBURN: To keep the quality level of 24 the smaller lots to a higher level. 25 MS. GOURDIES And what are you considering 70. 30 I or having whoever builds the homes build the homes with w 2 on the other lots? 3 MR. ARTERBURNt Same thing. IIt 4 MS. GOURDIEs Brick. So if we made that as 5 a condition that all homes have to have a brick facade, 6 not a problem? 7 MR. ARTERBURNt 75 percent is probably not a 8 problem. 9 MS. GOURDIEt Thank you. 10 MR. ENGELBRECHTt Are there other questions? 11 Let me close the public hearing. 12 MR. MORENO: But in the proposed comprehensive 13 plan, might this development be a good candidate for the 14 application of the concept of a neighborhood center where 15 you've got grocery stores, at cetera, proft,sional offices 16 within walking distance in the center of the neighborhood? 17 MR. REICHHARTt I believe it would be. With 18 the commercial up in the northeast corner and with the 19 school site could also act as a community gathering place. 20 It doesn't always have to be a commercial area either. 21 MS. GOURDIEt I'm also curious about Mr. 22 Rishel's question. I'm deeply concerned that if this i 23 reverts back to land that will be considered homes that we A, r 24 have done a disservice to the process and I think we've 25 found a glitch here and now that we are using open space 71. ~1 .I `I I to calculate densities. And I also believe once the 2 multi-family Parcel B comes up, that calculation is also 3 not being considered in the when this, of course, isn't 4 part of the zoning but it's still considered part of the 5 tract, the commercial and the Parcel A and Parcel B has 6 been taken away, correct? 7 MR. REICHHARTs We, typically, never consider a commercial property in a density calculation because its 9 not units per acre. It doesn't equate easily. With the 10 multi-family we're at 4.22 units per acres for the whole 11 tract excluding only the commercial property. Okay? I 12 mean, the whole 200-some acres. I 13 MS. GOURDIES And what's the density per ii 14 acre for an SF-10 lot? Isn't it 3 point something? i 15 MR. REICHHARTS Yeah. You could get + 16 approximately three units. 17 MS. G0URD1E, And we're supposed to be is following the 19 MR. REICHHARTs Right now, the standard we 20 have to follow is four units per acre. That is the 21 accepted, adopted units per acre. 22 MR. DONALDSONs Six units per acre in low 23 intensity areas. A V.J 24 MR. REICHHARTS Six units in low intensity 25 areas. That's what we have as the standard right now. 72. L I~ 1 MS. GOURDIEs So what's all this rhetoric 1 2 about the standard being SF-10 as the average size lot 3 here in Denton? 4 MR. REICHHARTs That is what the debate is 5 on density right now. 6 MS. GOURDIEt But doesn't it may we are 7 going to maintain what has currently been established in { 8 the City of Denton at SF-10 lots as established? 9 MR. REICHHART: That isn't the established, 10 I don't believe. 11 MR. BUCEK: I think what's confusing, I 12 think in his presentation he said he me: the present, as 13 well as the proposed density standard. 14 MR. REICHHARTt Correct. 15 MS. GOURDIE: And that's not correct. 16 MR. BUCEK: That's what she's trying to ask. 17 MR. REICHHART: If the standard is accepted at 18 three units per acre, then this would be over. It's at 19 3.22 units per acre. 20 MR. DONALDSON: If the maximum 21 MR. REICHHART: If the maximum. 22 MR. DONALDSON: But what the growth management r r~ 23 strategy says is that it's an average. A. t 24 MR. REICHHART: Current, current, right now. 25 MR. DONALDSON: That includes multi-family 73. c~ i ICI ~ i which is in a regional activity center where we allow f ? 2 greater densities. 3 MR. REICHHART: We have two regional areas. 4 This site just happens to be on an area that has been 5 defined as we want high intensity up in the northern 6 part and we want lower intcnsitics on the southern 7 portion of the site. And this site does that, so to say 8 we have to hold it to the whole standard of the lower 9 intensity i 10 MS. GOURDIE: Oh, I'm not saying that at 11 all. 12 MR. REICHHART: We tried to split that out 13 in our calculations for density. 14 MS. GOURDIE: I'm not saying that. I just 15 think we're over what we I'm perplexed that we have 16 two different conditions and people are saying two 17 different things and we're over density yet we're under 18 density and it's confusing on my part because I'm 19 getting so many mixed signals here. Plus it's 12:30 so 1 20 don't even know if I'm hearing correctly anymore. 21 MR. ENGELBRECHTS Well, let me go back and ask 22 would you please repeat what you said early on about the 23 density in the regional r 24 MR. REICHHARTS The northern portion? 25 MR. ENGELBRECHTS Right. And the southern 14. 1 (1 ' ~ ICI I portion. I've lost track of the names of the centers.' 2 MR. REICHHARTI The density standards in the 3 current I don't believe the current 188 Plan 4 allows for higher densities in the northern portion of 5 this site at 50 units per acre and we are under that. 6 The multi-family alone is 20 units per acre. So the 7 northern portion of the site is below that standard. a The southern portion of the site being a low intensity 9 area can have up to six units per acre. That aspect of 10 the site is at 3.3 3.22 units per acre. I MR. DONALDSON$ Which is the equivalent of 12 SF-lo, 3.3 units to the acre? 13 MS. GOURDIE: But that's calculating the 14 open space which has been dedicated for two years. ` 15 MR. REICHHARTi Right. And if that doesn't III 16 go to the school site, for some reason the school says, 17 no, we don't want that site, that site comes back to the 18 Planning board or Planning Commission and goes through 19 the whole process again as to what they would do on that Ii 20 site. 21 MS. GOURDIE: But we still have I know. 22 I'm just trying to make the point that we have a glitch 23 in our system. If we are going to use open space to ! A1 ; o r 24 calculate percentages of how much we're doing and this 25 continues to happen where we have park dedication land 75. 1 r 1 and the school decides they no longer need it, we increase 2 density and we take away open space. And the wholo 3 principal was that we were talking about with the Denton 4 Plan is that we are going to make amenities and so forth 5 as an option to make people, if they want more density, 6 they have to give more away. So 1 think that they should 7 not be inclined to give anything away if they're going to 8 make it dense. 9 MR. REICHHARTi Of the 18 acres, if ten 10 acres are developed at four units per acre, we get 40 it more units on the ten acres of this 18 acres down here 12 because there is fluodplain. Assuming that part of it 13 would be dedicated as a park, I'm just making some wild 14 assumptions saying that's 40 more lots, ten more acres 15 quite honestly, it wouldn't even be I added ten 16 acres into my coverage, we'd have there'd be 599 17 total lots divided by 173.43 acres. We'd be at 3.45 18 units per acre. So it went from 3.22 if that gets 19 totally developed to 3.45, which is still below it's 20 somewhere between if you just make it equivalent to 21 an SF-30, it would be an SF-9 maybe, somewhere between a 22 10,000 total and a 9,000 depending on and we always r 23 eo include open space because it is a component of this A. 24 subdivision. 25 I mean, to have the developers say I'm going 76. , I I ~l I I i to provide open space for the amenity and the enjoyment r 2 of everybody in this community and then pull that out of 3 his calculation for density, you would be it would be 4 a double whammy to the developer. That open space does II 5 perceive now that the area is less dense. 6 MS. GOURDIEi Thank you, Larry. 7 MR. BUCEKi Larry, r want to be sure I'm 8 clear. On the concept plan, I was assuming what he was 9 saying that he wouldn't have to come back if the school 10 site goes out. 11 MR. REICHHART: You have to come back for a 12 detailed plan. J 13 MR. SUCEEi He would have to come back on i I 14 his detailed plan? 15 MR. REICHHARTi Yeah, because right now the f 16 site, it's vacant. He could put one lot on there, I 17 imagine. is MR. BUCEM: Well, I'm saying doesn't that 19 mean, doesn't that solve Ms. Gourdie's problem? When 20 they come back to do the detailed plan, the Planning and 21 Zoning Commission will make a recommendation. 22 MR. REICHHART: Oh, definitely. Our 23 assumptions for approving that site right now is we're A. ~ r. f r, ~ 24 assuming that this site is going to be school site. So 25 they come back in less than two years or over two years 77. 1 4 c; I and say, well, now we want to put in multi-family a 2 housing in here or whatever, SF-1618, and we can 3 recalculate the whole density again and say, no, our 4 assumption was based on 3.22 units per acre and we think 5 that site should be open. 6 MS. GOURDIE: I love how you said that but 7 I've yet to see City Council they make plenty of a assumptions and they make plenty of developments but 9 then they turn around and say, well, I never promised 10 you that. And that's what I'm concerned about is that 11 we say we're making this assumption that it's going to 12 remain 3.22 as a density level but then someone's going 13 to come and say, look, the only thing that can go here 14 are offices or multi-family and I'm sorry but this is 15 the way it's got to be. And that's my whole problem is , 16 that we say one thing and then we turn around and we do 17 another for the sake of development or for whatever is reasons because that corner has changed so dramatically. 19 And that's the whole problem is that we're 20 not locking people into their promises. And whether it 21 be an assumption or a presumed promise or whatever, we, 22 as citizens, go away from these meetings thinking we're 23 going to get something two years down the road and it rl,,` c 24 turns around because the issue has changed. And that's 25 what I'm getting at. 78. n 3 t o I MR. REICHHARTi I understand the frustration 2 but, at the same time, we cannot lock the school 3 district into building on that site. The developer 4 said, you know, here's a site. Within two years just 5 decide if you're going to build here or not. And the 6 school district deoides, yes, we do to have a site or 7 they decide, no, they don't, then we have to replan this e property. 9 MS. GOURDIE1 I understand. But the process 10 is flawed and that's what the frustrating part is that we 11 have a flaw in it. 12 MR. REICHHARTI I think dealing with the 13 different entities, the school district, the developer, 14 the City, right now this is the best that we can do, 1 15 think. if there is a better solution, we don't know 16 what that is at this point. 17 MS. GOURDIE: Thank you. Appreciate it. 18 MR. ENGELBRECHTI Other questions? Mr. 19 Rishel. 20 MR. RISHELi Mr. Parton, and I don't know 21 and I realize, number one, you're not a lawyer. Thank 22 goodness. But I'm curious about the proposed wording on r 23 the school site, potential commitment from the builder. A, ~ r 24 Is it that we have two years to decide that this is a 25 viable site and we will accept it as a site and then I 79. 1 r I 1 maybe as much as three or four or five years to build a a 2 school there? So I want to know about our flexibility 3 in that. 4 And then I'm concerned in the future about i 5 allowing builders to make the appearance of gifting as 6 something, developers, and then w6 nay or may not want 7 to accept that at our discretion. Because it seems to 8 me that if they make that decision, it either ought to be 9 a school site or it ought to be a park or it ought to be 30 dedicated land of some sort. And it should be, as far I'm 11 concerned, the school district's right to either sell that 12 property and convert it into an asset and have another 13 school site in the same proximity. Tell me about the 14 wording. 15 MR. PARTON: I think the first part of your 16 question is in terms of what the school district's 17 understanding about the process for the resurrection of is this school site. The school district's understanding 19 at this point is that a school site will be made 20 available for a donation, a gift to the school district 21 with one qualification. That being that the school 22 district has a two-year window to determine and analyze 23 the site to determine whether that is going to be an 24 acceptable or a buildable site for an elementary school. 25 Now, from a school district standpoint, the analysis 80. A L✓ r 1 that we've done is to look at the site that's being k 2 proposed and from an up-front standpoint to look at that 3 and to determine whether that is going to be a 4 functional site in terms of the ioinL use that we're 5 talking about with the eastern portion of that being a 6 neighborhood park and the western portion of that being a 7 school site. 8 At this point with the information that we 9 have available and the concept, we believe that we havo 10 a workable site. Now, our understanding about the next ii step in the process would be once the development is 12 approved or this plan is approved, then we begin a 13 pra:ess, really a responsibility to the school district 14 then to move a little bit more forward with that 15 process, that analyais, getting to a little bit more 16 in-depth detail to determine whether or not we will 17 accept that site for future construction. I'm sure 18 that's probably a long-winded response to a couple of 19 those questions there. 20 MR. RISHEL: I think you answered it because 21 I'm concerned about the time frame that it may be betvaen 22 the tine that you can put a bond issue out and say that we 23 have money to build a school rnd the commitment that you ( A. 24 may make to say we need a school. I'm seeing some pretty 25 good time frames here so I'm presuming there's a pretty 81. t, F 1 good size window of once you have this two-year commitment 2 that this is a site for us and you approve of that within 3 your board and your structure, that you have an extended 4 period of time to actually build a school. I want to 5 make sure the wording Is such that we have that 6 flexibility. 7 MR. PARTONS Sure. And, again, it's the 8 district's understanding that there is not a time frame, 9 there is not a clock that we have to have a school 10 facility open by IWO date, that we have a two-year window 11 simply to determine whether we want to accept that site 12 and whether we want to commit to building a school on 13 that particular piece of ground. Now, there is not any 14 other obligation of the district, then, at that point to 15 build by five, six, seven years. That's simply at the 16 school district's discretion and the school district's 17 ability to fund not only the construction but the 18 opening and operation expense of that facility, as well. 19 MR, ENGELBRECHTS Other questions? Mr. 20 Parton, you just said say something there. If you 21 accept this property, the school district accepts this 22 property on dedication, are you accepting it with any i 23 clauses or requirements on the part of the school 24 district? 25 MR. PAR21ONs My understanding is that, no, 82, a r" I we would not. The only stipulation there is that we 2 have a two-year window to determine whether the district 3 will accept that property. If the district were to 4 accept the property, then there is not a restriction on 5 the district in terms of a time line by which we would 6 have to construct and open that facility. 7 MR. ENGELBRECHT: Well, I hate to ask this, 8 Mr. Parton, but why don't you just take the property 9 tonight and be done with it? Is there some reason to you're not doing that? 11 MR. PARTONt Well, I think, you know, one of 12 the things that the district is looking at is we have, 1 13 think, some other outstanding questions) particularly the 14 drainage question, making sure that the drainage can be 15 routed the way that we show on that plan. That would 16 definitely have an impact in terms of what we're looking 17 at. 18 MR. ENGELBRECHTt `CL11re not restricted with 19 regard to that property. You made no contractual 20 agreement with the developer, correct, with regard to 21 that property? You're just accepting it, correct? 22 MR. PARTONS Correct. i 23 MR. ENG£LBRECHTt I don't understand all A, - lr~ ~ 24 this argument. I don't know why you-all don't just take 25 the property. 83. l A L I MR. BUCEX: I don't think you're understanding A 2 what he's saying. We saying in two years they l.,ive to 3 decide to accept it. They haven't been offered by the 4 developer a straight-out gift. The school district has no 5 problte taking straight-out gifts but that's not what 6 we're talking about. 7 MR. ENGELBRECHT: I heard the word a dedicated, What is this word dedicated? 9 MR. RISHEL: I thought I heard the word 10 dedicated, too. What does dedicated mean to you? 11 MR. ENGELBRECHT: Wait a minute. Let's go 12 back again to understanding the arrangement. 13 MR. PARTON: Dedicate a gift, a straight-out 14 gift, there is not a monetary exchange. it is simply, 15 school district, this property will be made available to ' 16 you. We'll transfer the property over, to title to the 17 Denton Independent School District. is MR. RISHEL: I see Mr. Arterburn kind of 19 shaking his head back there. 20 MR. ENGELBRECHT: I thought that's what he 21 said before. 22 MR. BUCEX: Let me be sure I'm clear because 23 and I know it's late but I thought he said earlier 24 that j 25 MR. ARTERBURN: I think the stipulation that 84. ,iJ c. c ' I y'all are looking for is that we want some commitment from 2 the school district that they're actually going to build a 3 school, and not just take the property and then sell it. { 4 And there probably would be a contract drawn up to that 5 effect and that's it, basically. 6 MR. WILLIAMSS I guess i need to ask the 7 contractor a question, I mean the developer a question. 8 If the school district says it's unfeasible for a school 9 and they decide to make a place to just run and jump, 10 would that be satisfactory with the I'm being very 11 facetious because I'm concerned about the lack of 12 negotiating skill between the city and the school 13 district. Because if the, as a citizen of Denton, my tax 14 dollars for the City are my left pocket, my tax dollars 15 for the school board is in my right pocket, and I can't 16 understand why some kind of commitment was not made by the 17 City or school district to say if you don't use it for a 18 school, we'll take it as a park or something to this 19 nature. But what I'm saying, does a school have to be 20 built there or the school have to use it in a productive 21 way? 22 MR. COBBi Chairman and Commissioners, my name i 23 is Carry Cobb, Intermandeco, Incorporated, 1401 Burnham A 24 Drive in Plano. 1 think this issue originally started due 25 to the size of this overall property, the citizens that it 85.y u r~ . r I would bring and, therefore, that would translate into 2 school children. I think that number is univorsally 3 accepted at approximately 40 percent of a new school, So 4 clearly there are needs there, We did receive some 5 requests for addressing that issue with respect to looking 6 at areas of the site which would be best for a dedication 7 or a sale of some of this property to the Denton 8 Independent School District. 9 In combination with their policies and what 30 they like to see in a school site and working with the 11 Parks Department at the same time, who generally have 12 the same requirements but often they also conflict in 13 terms of location. One wants to be on a collector and 14 one wants to be just off of a collector. I think 15 overall, as a developer, in making the decision to parcel 16 out an area for the school district and, in fact, 17 enlarging it to a combination school/park site, we would 18 certainly like to also benefit in knowing that that 19 school could be in close proximity on that piece of 20 property to benefit the citizens that will be living in 21 the subdivision we're creating. So I think that is very 22 important. I think we would like to rely on the school 23 district given our promise or commitment to hold this 24 property out In context with what all -.!A're looking 25 here. I think the very least we can do is say, Here's 86. t_ I your property. We really want a school there. You've 6 2 got two years to make a decision on whether you can put 3 a school there. There are no time limits with respect 4 to when those doors have to open. 5 MR. WILLIAMS: Thank you. 6 MR. RISHELI Was that a yes or a no? 7 MR. ENGELBRECHT: Are there other questions? 8 There appear to be na other questions. Mr. McNeill. 9 MR. MCNEILL: Yeah. I just have a comment. 10 I think I totally support the concept that if they 11 dedicate it, give it, loan it, whatever the legal term 12 we're going to use for this school site, if they give it 13 to the school district and the school district doesn't 14 put a site there, I don't think it's right for the school 15 district to sell that and make a profit. I don't think 16 that's right at all. So the two-year window seems 17 appropriate to me and if they can't make up their mind by 18 them, then it comes back and it has to come back to us for 19 reconsideration. 20 MR. ENGELBRECHT: Are there other oh, I 21 thought I saw some more buttons flashing. 22 MS. GOURDIE: I was just going to make a i' 23 comment how it was very sad to know that the school A, o 24 district had land on the south side, I guess of McNair, 25 and they had all that land and they decided they didn't 87. f i I G~ i I I i I I really need it because they didn't think development was 2 coming to the south side and then th-y sold off that piece 3 of land. And, golly gee, we really could use that land 4 back. So it is a very important decision that I'm 5 almost wondering if two years is enough time to make that 6 decision because you don't see growth trends, and in this 7 case on the south side they didn't see it for, what, eight 8 years? 9 MR. ENGELBRECHT: Well, as r understand it, 10 the issue is not whether or not they'll use it from that 11 perspective. The question for the school district at 12 this point is whether tle land will support a school from 13 a buildable position. They need to do soil samples and 14 those kind of things. That's what's teen explained to me. 15 MR. REICHHARTS As of 5500 o'clock this 16 afternoon at the latest meeting the school district did 17 say the two years will be adequate time to make that ~t1 18 determination. 19 MR. ENGELBRECHTI Okay. Any other comments 20 from staff? 21 MR. REICHHARTs Yes. Just that staff is 22 recommending approval of both the concept plan and the i r' 23 detailed plan. The conditions for approval of the 24 concept plan, we have our standard lighting condition 25 that we'd like to apply to Tract A, the commercial 88, c• I tract. Also, in talking with council, that approval 2 should be on the condition that the development 3 standards that are in the backup and attached with the 4 draft ordinance are that is the condition of approval, 5 that those standards are attached to the ordinance, just 6 to clarify to make sure that everybody realizes that's 7 going with the property. And then regarding the detailed 8 plan, we would have no conditions. It would be as 9 presented tonight. 10 MR. ENGELHRECHTt Are there questions? Ms. 11 Gourdie. 1 12 MS. GOURDIEt Yee. on Parcel A, commercial 13 office, it says maximum height restrictions two stories, 14 50 feet. Is that and then I guess now I'm confused 15 again because then we've got the family ones which are two 16 and half stories at 36 feet, Am I misreading this? 17 MR. REICHHARTi No, They've identified 18 two-story commercial to be a maximum height of 50 feet and 19 they are identifying two-and-a-half story residential to 20 be 36 feet. 21 MS. GOURDIEt And what is the average 22 usually two-story? r r' 23 MR. REICHHARTt Commercial? ( At 24 MS, GOURDIEt No, let's do residential 25 first, when I drive around a neighborhood, what am I 89. c~q L' r C! 1 really looking at? 0, 2 MR. DONALDSON: Well, our Code defines a story 3 as the distance between a floor and a ceiling generally, I 4 but then it also says generally 11.5 feet. Then on a 5 house you measure the medium point of the roof. 6 MR. REICHHARTs We don't even go to the top of 7 the roof, it's the medium point of the roof. 8 MS. GOURDIES So we're really talking about 9 a usable top area then? so it's really, as someone has 10 noted, that it's two stories plus maybe a little bedroom 11 loft that they could stick up there; is that correct? 12 MR. REICMHARTs Well, I think a bedroom would 13 have to be accessible. There is fire codes and egress 14 codes and such like that but, yes, it could be a little 15 bedroom, a little loft, a little play area, an office. 16 You convert your attic a little bit for storage space or ' 17 something. 18 MS. GOURD1Es Wouldn't a two-and-a-half story 19 house on an SF-5 lot look pretty long and skinny and tall 20 and big? I'm just trying to visualize. 21 MR. REICHHART, it might. It might not. It 22 depends on the architectural elevation but it could. 23 MS. GOURDIES All right. And, also, what is 24 in for commercial? Please define what the usual 25 MR. REICHHARTS I mean, there's Wal-Mart is 90 so fl ~I I a one-story commercial. That's fairly tall. It's going I 2 to depend on the use, quite honestly. I think they're 3 allowing themselves some flexibility to get at I don't 4 want to say department store, but you could get a 5 two-story department store or something like that that is 6 relatively 15, 30 feet. 25-foot stories are generous. 7 MS. GOURDIE: That's what I wanted to hear 8 because I think that's very generous. 50 feet for two 9 storiep I think is quite a large building, very high. I 10 drive to Trinity Mills where my office is and they're 11 putting, you know, 30-foot it's tall, so I would like 12 to see that lowered to what would be a standard two-story 13 commercial building. 14 MR. REICHHART: I don't know what that 15 standard would be. 16 MR. DONALDSONs our current commercial zone is ' 17 to allows 20 stories. 18 MS. GOURDIE: Okay. Well, two 20-story 19 buildings are only 40 feet? 20 MR. REICHHART: 20 stories. 21 MS. GOURDIE: Oh, 20 stories. I'm sorry. 22 okay. I understand that, but they agreed to two stories. 23 Please don't make that noise. It really bothers to. 24 MR. REICHHARTS I think the way staff was 25 looking at this, also, when we were looking at the heights r 91. ' a u ' f I of the stories that we're starting do%,n here, you know, at 2 a school site which is typically one-story, ird as we 3 progress up into the site which we're creating ba3ically a 4 new neighborhood. You know, we have the SF-71v that would 5 be about two stories or you get the 51s, that would be the 6 two and a half, you get the multi-family which is a little 7 bit taller potentially, and then the commercial. So it's 8 a gradual increase, if you would, in height, intensity, 9 and use. You're stepping up gradually. It's not a 10 three-story building or a 50-foot building out in the 11 middle of a field by itself is going to look a lot taller 12 than something surrounded in this neighborhood. I mean, 13 that's the way we analyzed it. I'm just offering thit up. 14 MS. GOURDIES Okay. And the detailed plan, 15 that's when architectural standards can be placed on it= 16 is that correct? r 17 MR. REICHHARTs And I think, I may be wrong, 18 but I think they've offered architectural elevations at 19 the time of the detailed plan. But when detailed plans 20 come in we can ask to ace 21 MS. GOURDIEi Aren't we doing the detailed 22 plan right now? 23 MR. REICHHART: No, we're not doing the ~A~ r: 24 detailed plan for the commercial. 25 Ms. GOURDIE: Not for the commercial, just 92 ll 4 lj 1 for the 2 MR. REICHHARTt it's the concept plan only. 3 But the standards for that go with the whole PD, Okay. 4 The standards are being applied at the time of concept. 5 we have this document that says two stories, 50-foot, so 6 when they go to build the detailed plan, we look at 7 that. Okay, you're going to two stories, 50-toot or e whatever percent brick or parking regulations and such 9 like that. That is the ordinance that will go with that 10 parcel of land. 11 MS. GOURDIEt All right. 12 MR. APTERBURNt A quick little clarification 17 point. Most commercial buildings have 12 to 15-foot 14 plates, which means if you had a perfectly flat roof, 15 you'd have 30 feet, 0-foot allows if an architect 16 wanted to do a roof on top of a building that had a more 17 residential pitch like six and 12 or eight and 12. It 18 would allow a roof form to occur, whereas 30-foot would 19 not. It would restrict it to a flat roof building. 20 MS. GOURDIEt And thatts what i was concerned 21 about is that a 50-foot flat roof building would be pretty 22 horrendous. But that's not what this states here. This 21 states two stories at 50-foot. And t guess that's why 1 A C 24 wanted to know about the detailed plan, when we could i r 25 bring that into the detailed plan. I 93, 3 a 1 I MR. ARTERBURNt I don't think you'll find a a 2 building with 25-foot plates though. 3 MS. GOURDIE: Oh, you'd be amazed at what 4 people do. 5 MR. ARTERBURNt I understand your concern 6 and I thought maybe there's some clarification that 7 could be offered. 6 MS. GOURDIE: Right. I appreciate that, 9 Tary. Thank you. 10 MR. ENGELBRECHT: Other questions for Mr. 11 Reichhart? Okay. If there are no other questions for 12 Mr. Reichhart, are there any comments or motions? As I 13 indicated at the beginning, we will need to address the 14 two issues separately, Item 90 the concept plan, and 15 Item 100 the detailed plan. Item 9 covers the 16 entire property. Item 10 covers the residential 17 sections. is MR. WILLIAMS1 Item 9, I move to recommend 19 approval of 2-99-061 with the following conditionst 20 non-residential lighting on the property shall be 21 designed and maintained as to not shine on or otherwise 22 disturb surro.inding residential property or shine and 23 project upward to prevent the diffusion into the night A, 24 sky. 25 MR. MCNEILLI Second. 94. r ,1 f i I MR. ENGELBRECHT: Discussion? Me. Gourdie. 2 MS. GOUP.DIE: I would just like to ask if we 3 could add to that that all residential units have brick on 4 them, 75 percent brick? I realize that they said they 5 were going to do that and they definitely defined it in on 6 SF-5, but they did not define it on any of the other home 7 tracts, a MR, ENGELBRECHT: Is that a friendly 9 amendment? 10 MS. GOURDIE: I'd like to offer that as an 11 amendment to your motion, if possible. 12 MR. WILLIAMS: I accept that as a friendly 13 amendment. 14 MS. GOURDIE: Thank you. 15 MR. ENGELBRECHT: Mr. McNeill. ' 16 MR. BUCEK: Let me clarify 17 MR. WILLIAMS: Wait a minute. Let me ask 18 you this. Is that within our Zoning Code? 19 MR. ENGELBRECHT: This is a Planned 20 Development. We can do whatever. 21 MR. WILLIAMS: We can do that legally? 22 MR. BUCEKi Remember earlier, though, Larry 23 mentioned to you that they're asking those conditions a 24 over here, pages 6 through 15 to be included as part of 25 the concept plan. Your motion meant to include those, I 95. 55 t I 1 I assume. I 2 MR. WILLIAMS: Yes, yes. 3 MR. MCNEILU Which then has that in there, I 4 right? I 5 MR. ENGELBRECHTt No, only for 5. 6 MR. MCNEILLt Oh, okay. So what you're 7 suggesting is for all. 8 MR. REICHHARTt They are in there. 9 MR. WILLIAMSt Yes, that was the intent of my to motion. 11 MR. BUCEXi Her issue is not in there. It 12 just has it for the 5,000 square foot and she wants to 13 amend the condition to say it's for all houses. 14 MR. ENGELBRECHTi Okay. You accepted the 15 friendly amendment and the seconder accepts it. Okay. 16 All right. Then the motion is to approve with all the 17 conditions outlined plus the friendly amendment with 1 18 regard to the brick on all homes. Discussion? I don't 19 know if these are votes or is there any other 20 discussion? Would anyone like to comment on the motion? 21 MR. WILLIAMSI Too late. 22 MR. ENGELBRECHTi Weil, the votes aren't 23 displayed. r1,"\ r 24 MR. RISHELt Can we vote now? 25 MR. ENGELBRECHTi Okay. I'll hold mine for I 96. 5 Sp c. 'I I 1 the detailed plan. Vote, please. Motion carries 4 2 unanimously. 3 Then we have Agenda Itea 10 which is the 4 detailed plan which includes the residential property. 5 And that would include? 6 MR. REICHHARTt Our recommendation would be to 7 approve with no conditions because the conditions from the 8 concept plan follow through the detailed plan. 9 MR. ENGELBRECHT: And this would exclude the 10 commercial and the school site? 11 MR, REICHHARTS The school site would have 12 to come back. 13 MR, ENGELBRECHTS For a footprint, if 14 nothing else. 15 MR, DONALDSON1 There's always some discussion 16 as to whether the school district has to comply with our 17 clause but, typically, they have been. 18 MR. MCNEILLr But if they wanted to, they 19 could put a metal school building? 20 MR. WILLIAMSI Right. If it's cheaper, 1 21 would vote for it, too. 22 MR. MCNEILLt Are we ready for a motion? i 23 MR. ENOELBAECHTt Just one question A 24 regarding if the school district fails to take the 25 property, then it will have to come back for amending. 97. 5 f I . A l• 1 I MR. REICHHARTS Correct, 2 MR. WILLIAMS: For platting, right? 3 MR. REICHHARTS Platting, you'll see any 4 portion of this property for platting. 5 MR. WILLIAMSS Okay. Thank you. 6 MR. ENGELBRECHTs Come back for detailed 7 plan approval. Okay. Are there any other questions, 8 comments, or a motion? 9 MR. RISHEU I have a question. Would you 10 explain to me on page 28 of Section 9, is this a second 11 part of Z-99? 12 MR. ENGELBRECHTs Of 9 or 107 13 MR. RISHELS Of 9, on page 28. I, 14 MR. BUCEKS I think that's a prior case 15 backup. I 16 MR. RISHELS Just citing of a prior case? 17 Just reference material for what has transpired. Thank 18 you. I 19 MR. MCNEILLS I make a motion. I move to 20 recommend approval of 2-99-061. 21 MR. RISHELS Second, 22 MR. ENGELBRECHTs It's been moved and 23 seconded to approve. Any discussion? Ms. Gonrdie. 24 MS. GOURDIES I just want to say this has j 25 been real difficult for me personally because I, and I,I 98. 5$ 1 I c' II ~ I l~ I it it i I I I i 1 this goes to the neighborhood, I appreciate y'all coming 2 cut here and fighting so hard, tooth and nail, and having 3 your voice heard. And I know this wasn't what y0all had i 4 hoped for and that hurts my heart a little bit, but I 1 5 believe we all tried to compromise and I believe if we can 6 all join together, we can maybe feel good about it. But i 7 appreciate you coming forward and participating in the 8 system because this is what we need to know to make things 9 work 13 the neighborhood and the developer whole willing 10 to listen as best as they can. And this has been hard 11 because I think the densities are really too tight still, 12 but we'll make the best of it. Thank you. 13 MR. ENCELBRECHT2 other discussion? I 14 definitely want to thank both all parties involved, 15 the neighborhood, th6 petitioner, and the staff for 16 working over a long period of time to iron out a lot of 17 differences that you-all had. And there's been a lot of 18 compromise made just this evening with regard to the 19 brick exterior. There was the issue of the lots and 20 their arrangement on Westgate Drive and then the 21 transition with the SF-10 lots. And, overall, I believe 22 that this particular concept plan and the detailed plan 23 well, we didn't have a detailed plan before but 24 this is a much superior concept plan to what we had on 25 1/15 for a whole variety of reasons. But I was very 99. 59 I pleased to see that the smaller streets, the ability s- 2 for, hopefully, once it's built out, folks to move around 3 that neighborhood. There is some open space built in. 4 And while I have some trepidation about 5 SF-5, it is used as a transition between the commercial IEI 6 and the multi-family and it's in that area which allows 7 for a higher density by either plan. And, therefore, 8 having said all that, I will be voting for the motion. 9 Any others? In that case, vote, please. Motion carries 10 unanimously. 11 No. 11 this evening is to continue a public 12 hearing recommending approval to City Council the rezoning 13 of approximately 46.5 acres from Agricultural to Planned 14 Development. The concept plan proposes approximately 39 15 acres of single-family residential and eight acres of 16 commercial development. The property is generally located 17 on the southeast corner of Nowlin Road and Robinson Road. 18 it's currently in the extraterritorial jurisdiction of the 19 City of Denton. And with that, I'll open the public 20 hearing and ask Mr. Reichhart to provide us with a 21 MR. REICHHART2 Thank you. I'll try to move 22 along fairly quickly. We're looking at a site in the 23 southeast quadrant of the City. This is near recent A f ; rt y` 24 cases that have been annexed and gone through the 25 rezoning process. Adjacent to this property to the east 100. rA(~ l Planning and Zoning Commission Minutes September 22, 1099 Page 3of5 9. Hold a public hearing and consider approval of the preliminary and final plats of Lots 10R- 1 & 10R-2, Block 9 of Owsley Park Addition being a replat of lot 10R. Block 9 of Owstay Park Addition being 0.545 acres in the E. Pucha ski Survey A- 996. The property, I4 commonly know as 2526 Louise Street, is located on the northeast corner of Bonnie Brae and Louise Street, Is within a Multi-Family dwelling-1 (MF-1) and General Retail (GR) zoning district. The purpose of the plat is to subdivide an existing lot Into two new lots (PFP-99-114, Owsley Park Addition, Larry Reichhart) Motion by Susan Apple and seconded by Salty Rishel to approve. 'Discussion of item is Included in Court Reporter's transcript attached to this set of minutes (Page 37). Motion carries 7-0. 10. Hold a public hearing and consider approval of the preliminary and final plats of Lots 9BR- 1, 9BR-2, 9BR-3 and 9BRA Block C. of the Shady Oaks Industrial Park Addition being a replat of Lot 9B Block C of the Shady Oaks Industrial Park Addition, The 6.237 acre property Is Located on the southeast corner of the Shady Oaks Drive and the rails-to-trails corridor Intersection. It Is in a Light Industrial (Lf) zoning district. The purpose of the plat Is to subdivide the existing lot Into four new lots. (PR-99-057 d FP-99.122, Shady Oaks Industrial Park, Wayne Reed) Pulled. 'Discussion of Item Is Included In Court Reporter's transcript attached to this set of minutes PUBLIC _HEARING - ZONING CHANGE 11, Continue a public hearing and consider making a recommendation to City Council regarding amending the concept plan for a Planned Development (PD-115) encompassing 230 28 acres. The property is generally located north of Windsor Road between Bonnie Brae and Westgate. The concept plan proposal is for mixed-use development including single-family and multi-family reuldential and commercial use, (Z-99-061, Smith Tract/PD- 115, Larry Relchhart) Motion by Salty Rishel and seconded by Perry McNeill to continue. 'Discussion of item is Included in Court Reporter's transcript allached to this set of minutes (Page 39). Motion carries 7.0 i 12. Hold a public hearing and consider making a recommendation to City Council regarding f the rezoning of a 1 acre site from One-Family Dwelling ($F-7) zoning district to a Planned Development (PD) zoning district. The subject property Is legally described as Block 0, Lot 1 of the River Oaks Addition and Is located at the southeast corner of Montecito Drive end Seven Oaks Lane. The purpose of the zoning change is to allow for s neighborhood amenity center. (Z-99.063, River Oaks Amenity Center Detailed Plan, Thomas B. Gray) f t- Motion by Sally Rishel and seconded by Susan Apple to recommend approval to Cky Council. 'Discussion of Rem Is Included in Court Reporter's transcript attached to this set of minutes (Page 75). Motion carries 7.0. 10I. C Condeaeelt" Page 37 Page 39 l Block 1 of the ASCmIOe Addition, being a neplat of Lot I MR MOAENP Question. 2 1, Block I Addition. 2 MR E+GELRRECHl: Yea, Mr. Mwene 3 MA. AMS Second. 3 MR Isn't this the one 4 MR MHT: It's been MV 4 opposed by an uty police officer it came S seconded to appr ny discussion? V please, 3 around? 6 Motions carries Stet sly. This is g loo 6 MR AEICHN Jl es. 7 quickly. Something's to hap folks. 7 MR MORENO Ok 8 item 9, hold a Put art d consider R MR. ENGELBREC'lrT Donaldson, I believe 9 approval of the 1, [nary plats of lots 9 that went to Council 10 10 R- I and I OR-2, Block 9 o stcy Park Addition, ID MR DONALDS The was approved with l l being a replat of Lot IOR, B the same addition. I2 some conditions. were ao ditional prohibited 12 And it's 0.543 acres in I Survey. The 12 uses, 13 property, commonly krjo 252 ise SL'Ml, is 13 MR >tE tARTr No sale of or 14 located on the nonhea4 of Bon rac and 14 off-site al IS Louise Stmt It Is n the Multi- I and Is MR N ELORWIT: Any other q ions for 16 Wtcral Retail Pon Wricis. The It f the 16 staff? In that case, vote, please. Motion 17 plat is to subdivi existing lot into two lots. 17 unanimously, 18 At this time I'll the public hearing and r. 18 Item No. 10, AI r. Donaldson, do you o 19 Reichhart to pr us with the staff report 19 make a remark in regard to that? 20 recommcndati 20 MR. DONALDSON: Item No. 10 hag bar 21 t.1 lilt, '111 (AR r: Thank you, The wesi 22 portion of lot was just rrantly rcroned tc 23 Retail and Ns Is the follow-up preliminary and fin 2~ 24 Plata to SUM VidC and develop that parcel. DRC ` 21 ENGELS RECUT: That will mow us to Item 23 recommends approval. I'll be happy to answer any 23 No. I I and that will move us also Into the public Page 38 Page 40 1 questions, I hearings regarding zoning changes. Item No. I I is to 2 MR. LNGta uA@CHT: Any questions for 2 continue a public hearing and consider making a 3 Reic art T ft appears not Thank you, sir 3 raomniendation to the City Council regarding amending 4 titi or p.titioncr'a rvprcsimtative t? 4 the concept plan for Planned rxvetopment 113 5 NSON: GeralO Yetison 1.35 North, S encompassing 230.28 acme. The property is generally 6 hen only t *r qursllon. No is. 6 located north of Windsor Road between Bonnle Brae and 7 MR. LNi eclrr, It ap therc's no 7 Westgate. The concept plan proposal is for mixed-use 8 questions Thank Is the one present who 8 &welopmenl including single-family and multi-famlly 9 would like to speak r its petition? Anyone 9 residential and commercial use. And before I reopen the 10 present to speak in fav petition? In that 10 public hearing, I do have a question for staff. As I I I case, is there anyone pre. speak in opposition? I I understand it, the petitioner In this case has requested 12 Anyone present to s ition to the petition? 12 it continuance 13 Sceing no opposition, uttal ivcd. Public 1) MA. REICUHAAT: vcs, fie has, We did feccive 14 hearing Is clod. C missio final questions 14 a letter this week. 710 have asked to be continued to 13 for staff or a motio 15 our Qtober 13th mating, We had a neighborhood meeting 16 Ms. Asst I1 move 16 earlier in the wock but they have also submitted a 17 MR IN WClln Ms. Appl 17 detailed plan for the first phase of their development, 16 MS A I move to approve IB di the sl le-fatnil msi&ntial r n8 y poAhm of G. And 19 preliminary ftn31 plats of Sol IOR•1 IOR-2, 19 they would like the detailed plan basically w catch up A 20 Block 9 of slcy Park Addition, being at of Lot 20 to the concept plan so everybody can We exactly what's f 21 IOR, Bice 9 of owsicy Park Addition, bcl 54 acres 21 being Is going to be built for the residential 22 In the E. Puchatskl Survey A•596. 22 potion of it. There will be no guess work basically, 23 MR. RiSHEL: second 23 line's the concept. litre's the detzil, And uy to move 24 MR. EN'GEt.8RI7CHT: it's been moved a~i 24 them both forward at the same time. So they are 25 Seconded to approve. Any discussion? 23 requesting a three-week continuance. PLANNING & ZONING COMMISSION S13P'T" - tR 22, 1999 Page 37 • Page 46 102. t i CondenscUT1 Page 41 Page 43 1 MIL LNGELBRECHT: okay. Commistioners, we I the Westgate park Addition, what's planned for that? Do 2 do have some Individuals here who would like to speak 2 you know? 3 this evening And what 10*41 I would do Is simply 3 MR. ltacH ART: I believe that there is 1101) 4 open the ; ublie hearing and we could take their Input 4 concept plan that's boon approved for that. I know it s and then act on the peliQwter's roquesL Does that S has some single-fanilly residential. Beyond that I'm oot 6 work all right? Okay. At this time I'll open the 6 really sure. 1 public hearing. Do you have any questions Mr. Rclchhart T MR. DONALDSON: I believe there's some 8 before we 8 office uses on the west side of that properly adjacent 9 MR itwi T, I do have some additional 9 to the Interstate, io backup Information that was requested. During our 10 Ma. wcNmw okay. And down in that same 11 discussions regarding the school site, Commissioner 11 area, down in the corner there's a little area right 12 Rishel had asked rot a comparison of some or the numbers 12 titre, what is that? 37 of the surrounding subdivisions on that chart on the 13 MR. REICHHART: rm not tally sun;, 1 14 table that you have in front or you, we looked at the 14 think that's just a 1 is total acreage, number of units, and then we did even gt Is Ma. MCNEILU Is that separately owned? 16 further and divide it down into densities in a 16 MR. WCHHART: rurnatcad or something, 17 comparison between each individual subdivision. 17 MR. MCNEILL: Thank you. 18 Basically, in the surrounding subdivisions and to the Is MR. ENGEURECHT: other questions? Ms. 19 south and to west, there are approximately 597 units, 19 Gourdie. 20 Thal includes townhouses and it does Include lots that 20 MS. oouRDIE: Yes. Actually, probably for 21 haven't been dcvclnpW yet, you know, especially Windsor 21 Mr. Bucek. Was alma any resolution on section 4 or 22 Ridge It's platted though It's not development. 22 No rw rm still kind of in limbo about what that 23 So consldaing the Smith tract and, again, 23 Section 4 meant when all this starred happening 24 this comparison Is for the area that's in the low 24 MR 6UCEK: You know, at the lost mating 23 Intensity area of the Smith tract, basically from whcrc 25 Mr. Anderson, I think, took to task some of the Page 42 Page 44 1 Westgate will be running norlhfsouth or easVwcst I recommendation our office made at the first meeting. 2 through this property, to the north or that is 2 This Is the third public hearing on this matter. And 3 considered a higher activity area, a regional area in 3 the Issue is that In those Planned Developments that 4 our new draft Comprelensive Plan which does allow the 4 were occurring back in the early 80s, we used a s higher densities. So we factored that. Ale compared s reference to Section 4 clauses as a Section 4 of those 6 similar areas, if you would, loner intensity areas. And 6 ordinances. And there's about throe dirlercnt kinds of 7 die numbers are fairly comparable. The Smith tract has 7 Section 4s. And like the caw we talked about caller 8 a little less density In that area compared with the 8 where you continued the plat on that caw, that Section 9 surrounding subdivisions. I think it just points out 9 4 is very precise as to what has to occur on the I to again another reason I think that the school district 10 detailed plan. On this case here berore you today, that I I looked at the lower corner, 1',e southwest corner. It 11 Section 4 says In them that this wnlrtg is subject to 12 socros to make a good halfw ay point between what's out 12 review with the comprehensive plan at a later date and 13 there and what's being proposed. 13 nothing herein Is meant to tie the hands of the Council 14 MR. ENOELnRECHT: Any other questions for 14 in making amendments to the concept plan, IS staft7 Mr. Moreno, IS Mr. Anderson got up and said that he felt 16 MR. MORENO: Yes, Mr. ReicNAm You're to that that Section 4 basically didn't comply with the 17 excluding the rogfonal activity center area? I? Zoning Enabling Act and that be thought that concept is Not. RFS1Ct{IIART: Right, 18 plan as it's drawn right now, they were enddod to and 19 MR. MokENO. Does that account rot the total 19 that we did not have the ability st the detailed plan A 2D difference betAven the 173 acres and the 230 acres? 20 stage to make amendments, Now, our position and he 21 MR. MR. RUCHRART: Right. 21 aid that Section 4 was ambiguous, if you remember, I 22 MR mmisto okay. Thank you. 22 think you made a comment to him. Our position Is 23 MR. ENOWIR£CHT: other questions? Yes, Mr. 23 Section 4 is mar ambiguots. And tlaq basically, he N McNeill. 24 does have rn wning fie has Planned Development toning. 25 MR. MCNEILL: The arcs that's just South of 2s Now, he had AS in 163 or 164 somewhere. Someone aurae in PLANNING do ZONING COMMISSION SEP'` --UR 220 1999 Page 41 • Page 44 103, a t ' Condensoltt" i Page 45 Page 47 1 with the concept plan which made it Pa. And there's an 1 MR REICHWT: Corroft 2 argument made that the criteria of uses in this 2 Mil ENOEmECHr: i wonder if you would I 3 document, in this concept plan, he may be entitled to. 3 would ask that you put those In the backup, trot only the 4 The Issue we're saying is that the acreage, 4 calculations but the rules, if you would put them Is 5 the amount of acreages on those, we believe the Council S the backup with this use when and if it coma back to 6 has the right under Section 4 to amend the sceages on 6 us, because I know that's been a question that's been 1 the SF-s, on multi-family. Whatever the uses are, the 7 posed by residents, Any other questions for stafn s Council still has the ability to change those amounts. a mx IusHm Mr. Reichhart, since I was the 9 They still have the ability to pun masonry requirements, 9 one that requested this, would you leave copies of that to to do dirierl kind of aesthetic things. So we het n-c 10 at the podium that if anyone wants to speak on that, 11 that Section 4 is valid. They, on the other hand, don't I I they could pick those up at that point in time? 12 think it is. And sinceIt was continued, l didn't do a 12 MA REICHRUT: Certainly, 13 lot of research on that but I certainly can respond in 13 MIL x1SHEL: Thank you, air. 14 more detail to the arguments he made last week If you 14 Me ENGEURECHT: Any other yes, Mr. 13 need role to. 15 Ducck. 16 But the position of our department is 16 MR. BUCEK: me, Gourdie, also If you 17 Section 4 Is a valid section in that this concept. this 17 m-=mbar at the end of the last meeting, the chain= 19 detailed plan that's been presented to you in these two is asked me to come back and respond to this item in more 19 public bearings varies from the concept plan, you could 19 detest. So when I heard about the continuance, l knew 20 require him to go back to the concept plan as It existed 20 that Is the desire and 1 Just want you to know as we 21 In '85 or you could make changes to what's here to 21 were working on this other item with Terry Morgan, l 22 something different. That you still arc in a situation 22 have had the cart reporkr transcribe Mr. Anderson's 23 where it's just a zoning caxe and you have the ability 23 remarks. I've also sent those to Mr, Morgan. So I'll 24 to make recommendations to Council whatever you think Is 24 also get his input so that we'll have a very definitive 25 appropriate for this to fu In with the neighborhood 25 srtswrr for you at the next mooing. Page 46 Page 48 I that's out there. I Ms. Goumia: 1 would like the comparison. 2 M.S. OOURDIE: t would appreciate that 2 it would be interesting to know. 3 because after having Mr. Anderson speak, l believe that 3 MR ENGEI-SUCHT: Mr. McNeill. 4 wt have a 1 have a conflict in my mind not 4 Ma MCKEILU Tara of these four say they 5 understanding what his position is versus what the 5 never received a notice. 6 City's position Is. And it would help me to understand 6 MIL XEICHHART: Correct. 7 better as a Commissioner how I should vote and what 7 M0. DiCNritlu were they tegaltybound to s legally I'm bound to and what I'm not bound to, I receive a notice or they got lost In the mail? 9 MR. BUCEK: w'e'll do that then. 9 MtL ArxHHAxT: No. The way we der our 10 MS. WURDIE: Thank you. 10 notification, we use the current tax roll that we have I I MR. ENGF.LBRECHT: Any other questions for I I Tax rolls are updated once a year In October. If 12 staff? 12 they've purchased the property filer October, they would 13 DIR. REIClllmr: I do also have I got four 13 not be on that tax roll 14 more notiocs today, one of which we already had 14 MR MCNEILU sure. 15 responses have been updated. Orange is opposed and 15 MR REICHHART: A couple of them were down 16 yellow is In favor. 1 still believe wn're under 20 16 in the newer subdivision het to the south. 'they just 17 percent We're getting very close and we're going to 17 actually built new houses. to have to start, you know, get the calculator charged up is MR MCNEttt.i flight. And that's the Legal r 19 and figure out exactly wherews're at right now. We're 19 rcquhnnent we use the tax rolls, right? 20 sk like, 18 percent, 17 or 19 percent and when %%v get 20 MR xEicHHART: Right, ! v 21 that close we calculate the exact figure, 21 MR ENGELBREM: And I believe or the 500 J 22 MR, ENOELBRPCHT: I knew that there is 22 or the ccwtay vice, lei me put it that way, do we it 23 Interest in that calculation In We particular case, 23 not also send a courtesy notice within the 200 feel in 24 And we have a set of rules with regard to precisely haw 24 order that we could cover, hopefully, at last pick up 25 that is calculated, I believe. 21 some of those that were missed? PLANNING fit: ZONING COMMISSION SEPTIRMRRR 22,1999 Page 45 • Page 48 104. t 1 Condeaseltm Page 49 Page 51 1 MA AEICHIMAT: night. T1e court ay notice 1 Well, because of all this 1 deddcd it was 2 does cover up to 500 fact, including the 200 fact And 2 time to take a move and try and get some resolution and 3 also says if you believe you live within 200 foot and 3 get something settled. Good, bad, or otherwise; get it 4 did not receive the legal notice, notify our office and 4 sealed. So I met with Mrs. John Smith yesterday 5 wt will get one to you. 5 morning to tell her what I was going to do. I said I'm 6 Ma ENGE1,6RECHT: other questions for staff? 6 going to go out and talk to the 200-foot notification 7 Ma aE1cHHART: The only other thing I 7 area as far as I can get And it was like 11:00 o'clock a wanted and sonic folks have already talked about this, a when I was talking with her. And we how far I can get 9 was the neighborhood mocting that we had. That was 9 with giving a notification, you give me a response, do 10 Monday night. There is still some opposition to the 10 you want to go to the original PD plan, the old one that I I developments specifically along Westgate. Comments wire I I was attached or do you want to go and continue 12 made as we'd be better off if we just put an eight-fool 12 negotiations with the MESA Group? Because we have to 13 wall up and just wouldn't even have to look at you. I S get t` N resolved. None of its have life that goes on 14 They don't want the people are worried about the 14 forever Excuse roe just a moment 15 increasrJ traffic and they drxi . want any connection to Is The people I was able to reach In that short 16 Westgate. it appeared that the neighbors were concerted 16 period of time was I hit every house that is on Westgate 17 about the amount of traffic that might be generated from 17 Drive: opposite the SF•16 area, And I went down Coffey to the school and how that's going to be split through the 18 and was a little, I guess, surprised to see that only 19 neighborhoods. 19 two hcmes of the 14 homes platted or plotted there arc 20 And there appeared to be a concern, if you 20 actually have living residents. So 1 was able to 21 remember, for the pods of sr-td's that were going to 21 give each of those people a packet and they each two 22 located along Westgate and the shared access drives. 22 of the people were home right there and they read the 23 The developer said why don't wt just do one row typical 23 packet. And Qe two people on Coffey particularly said 24 sF-i6's and in back of it do SF-101 facing the SF-71. 24 they bought those homes, having gone down to Planning 25 Would that seem to work? And it appeared that the 25 and Zoning and getting the original PD, because that was Page 50 Page 52 t majority of people were in favor of that, so I would I the only thing that was them st the time they wen 2 imagine that would be one of the changes that will be 2 eominitting themselves to buying a home. The rca+on they 3 brought forward as wt continue with this application. 3 bought that home was based on the odd PD layout and the 4 MIL ENGEURY01 t: Other questions? Thank 4 type and number of homes flat were going to be put in 5 you. Is there anyone present who would like to address 5 behind tkin. They knew it would eventually be 6 this issue? Since we have not had an actual 6 developed. Tlry didn't even realize it was going to 7 presentation by & petitioner, I 'hill simply ask if 7 happen this quickly. So those are Just side comments. a there's anyone who would like to address the issue, for 8 There are I l residericts currently on the 9 or against as you perceive it. If you would, please, 9 Westgate Drive that have one-scre frontagca that arc 10 give us your name and address for the record 10 directly across from that Smith farm. So each one of 11 Sti. POOLE: I'm Joyce Poole, 3021 North I I those have responded except one gentleman who Is at the 12 Bennie Brac. And I am coming here as a very frustrated 12 very, very end up here, Ile is traveling and out-of-town 1 13 president of the Westgate Ilomcowncn Association. I was 13 so l could not get him. So out or those, I have 1 I of 14 at nP during the period of time in which the MESA Group 14 the 12 and two of the 14 because two arc the only people I is did present another attempt at mating the area demands. 15 living there. 16 And so following that meeting, I did get into the last 16 Now, my results even surprisod me, but each 17 part or it, and ihore appeared k e, from all the 17 of the respondents said that they strtxigly would prefer is reports I was getting, an added _x of confusion and 18 to go to the original concept plan. That was part of r 19 even more mixed requests given to the developer, 1 19 what I've given you In your backup which Is W of A 20 understand there was loud os ertalking from one section 20 Resolution 86101 and asked the following comments be (J 21 to another section and mass confusion, basically. I am 2l noted when I talked to you. Per this plan, they 22 very frustrated as the president of the Association and 22 understand that the maximum residency Is limited to 899 23 so, obviously, we are all fueling frtooration at this 23 lots[ residences. And I'm going to lay this out here. 24 point It's not fair to the developer. It's not fair 24 That does not mean that again, per Mr. Bucek's advice, is to the landowntt. 25 that these numbers could not 't lowered based on what PLANNING & ZONING MMMISSION SEPTFMRRR 22,1999 Page 49 • Page 52 105. t c ' CoodeoacIt's' Per 33 Page 53 1 we've just been advised hero legally. I hope to go on said meet with other Westgate Park 2 Okay. The assumption oh, dear. Do 1 2 residents that are up on the Darby Street and furtha' 3 have only one minute? I'll have to read fast. You'll 7 away. I understand some of those were some of the most 4 have to put up with m and look at the notes. The 4 vocal people and I will promise to get back with you on 5 assumption is being made that Parcel H In the center of 3 any comments aye or nay on this because 1 think this is 6 this plot, it references avo lot lines in your backup. 6 only a fair Odng. I am trying to get this resolved for 7 But I talked with Larry today and he said that acro lot 7 the developer. I'm trying to get it resolved for the 8 lines in the old temr nology are equal to meaning 8 neighborhood. So we are only saying we have come to a 9 SF-S's. So we would ask that sF-s's be Identified on 9 consensus on a 200 foot level that we will happily we to that Parcel 11. All strata in this development should 10 the old plan. I I have a minimum street width based on our old residential I 1 MR. ENG£LBREC W: Commissioners, any j 12 dcvclopn rnt standards of a 3 t-foot curb to curb and 12 questions for Nis. Poole? Yts, Mr. McNeill 13 wider streets up where their business and commercial 13 MR MCNEmu where do you live in this 14 assets are. 14 property? 15 A strong request has been made by one of the Is MS. POOLE: Right here. Can you see this? 16 landowners that you would move the one street that is 16 MA MCNEILU Yes. 17 right in here so it would be in alignment with Fladgm 17 M5. POOLE: TUIt little dot but, that's 18 Stmt so the lights don't shine right into his bedroom 18 five acres that goes straight down and I have one acre 19 as People come in and out of that residential area. I 19 cut in here. 20 will note that there is a six-foot wall that goes around 20 MR McN''Eitu And the rev of that is the 30 21 except for the r;,ad system and protecting and dividing 21 acres that Mr. Smith is going to retain for his ranch? 22 multi-family-- 22 MS. POOLE: Correct. 23 MR. ENGEI.9RECHT: Commissioners, any problem 2) MR MCNErLL: Thank you, 24 with additional time? Okay. Go ahead, please. 24 NIS. POOLE: 1 only have cows on three side 25 Ms. POOLE: thank you very much. I do 2s of me, three of my treighbom. Page 54 Page 56 1 appreciate it. I'll hurry. The six-foot wall is a l MR. 6VGELBRECIIT: Any other questions? Yea, 2 separation of the multi-family to the single residential 2 Mr. Will isms. 3 thus protecting tht property values of the people who 3 MR WILLIAMS: People who live on Coffey 4 are potential buyers of single-family lass in this area. 4 Street, when did they buy their homes? 5 Thr:re is open space and recreation plot provided in each 5 MS. POOLE: Excuse me. 6 of the two multi-ram ly locations. There's one acre 6 MR WILI.tAMS: People en Coffey Street that 7 plus in ore section Pnd 2,2 acres in the other section. 7 you say have bought their homes based upon the old plan, 8 And the Sections A and B, those are commercial, they're a what year or what date did they buy Heir homes? 9 clear at the top end of the property where they're not 9 Ms. Poom sir, l did not ask the date but !I to going to abut and be near any residential areas, thou 10 they've probably been In their homes about six months to I t are allocated to be three-stay. We have no problem as I I eight months. And prior to committing themselves to 12 long as no multi-family is ever allowed to be placed in 12 purchasing that plot to have their home built is how I t) the top of any or those, Parcel c is also designated to 13 understood them to dctermine that they chose to live 14 be orrice and is limited to two-story. Parcel 1 of this 14 there. 15 site is already a 14-acre site identified as a public Is MR wlttlAMS: shank you. 16 parks place and can easily be convMcd to be the school 16 MR D;GELBRECHT: Commissioners, any Otter 17 site donation es per a current plan in the new concept 17 questions? Thank you, Ms. Poole, Apprieclatt it. 18 plan. t8 Ms. POOLE: Excuse me. i'il submit this to 19 By the way, I understand there was a cow 19 your records. These are the signed survey forty that r A 20 reference in the last one end I have cow's on two side 20 the neighborhoods did turn in. 21 of my lot and I love them. 1 am a f rm girl at heart 21 MR. ENGELBREM: All right. lust give 22 and I wouldn't live there if I didn't. The other 22 thou to Ms. Gourdie, if you would, and she'll pass them 23 residents that are ovt7 In the Westgate )Hills have oikm 23 around. 24 made the same comment, they love the cows and looking at 24 MR RISHEL And, Mrs. Poole, don't forgd 25 them in the morning, So that's no problem for us. I 25 to pick up your dcesity comparison. I'd ltkt to make PLANNING & ZONING COMMISSION SEPT''`r""It 22, 1999 Page 53 • Page Sf 106. 4 h i i I i f Condensellts' Page 57 Page 59 1 sure you have that. 1 neighbors behind us may think that's pretty fox them 2 Ms. Pom: Gti, a there one here for me? 2 because some of them have a concrete wall behind them or 3 MR. alsHEt: It's rig,! on tlx podium dare. 3 a brick wall separating us from the discount mall. 4 M0. ENGELBRECHT: Is the anyone else who 4 1 didn't come down and complain when that 5 would like to address this isstte? Yea, sir. S discount mall went in down these. I think it's a 6 Ma. wooLFoLKI Itick WoolfoUL I wanted to 6 wonderful neighbor. 'iltcy've been very good for the 1 report back to y'all that the develops after your last 7 neighborhood and we'll have some additional development It meeting did, in fact, contact the school. We had a good 8 in that area. So we're really not opposed to 9 conversation. I don't know that we've come to a 9 development because we know something is going to 10 resolution at this point In time because we haven't seen 10 happen. We just think density, and 1 beard this for two I I the final plan. And like Ms. Poole, I unfortunately was I I and a half hour last night in this very same room with 12 gone Monday night to the cur project. And since we were 12 the Council, the average projected by the Council Is to 13 discussing airport Issues and we were hosting them at 13 remain about an sF-io for the community. That means IS the airport, I felt like I had to be at that mating. 1 is we'll have some bigger and smaller lots, I just think 15 understand that there's still some Jump ball on the 13 that the old plan at this point in time is more 16 school situation but until we we that detailed plan, 16 palatable than the new plan based on numbers that we're 17 it's it little hard to say exactly what the reaction will 17 seeing, So at this paint in time I'm still in favor of Is t<. 18 the old plan but appreciate but wanted you to know 19 I do live at 3121 Westgate Drive which Is 19 that this developer has contacted the schools and we 20 immediately across the street. And from the looks of 20 have had some good discussion. 21 the map, I'm the only one that has not responded to your 21 MIL ENGE1BaECHT: Commissioners, any 22 certified letter, You'll have it tomorrow so that your 22 questions for Mr. Woolfolk? Ms. Gourdir. 23 calculations on your 20 pcreent will be more accurate, 23 M.s. oovaDlF I did have one question, 24 Mr. Bucek, last time I didn't know you were departing 24 please. I was called on Wednesday concerning 25 the City at the end of the year. 1 sadly hate to we 25 information the MESA Group had given concerning the Page 58 Page 60 1 you go because we do appreciate all the hard work you 1 school sir and I heard that they were making it 2 do. 2 conditional upon a two-year purchase or a building. I'm 3 1 do have a question though, as Ms, Poole 3 just won&xirtg, is that a feasible thing or what's 4 pointed out, the lots over or. Coffey Strad, that's a 4 really happening? Could you tell me? 5 brand new street since probably May Ist or someut=e In 5 Mrs. wbot.rr3LK! I think two years, from what 6 that general vicinity. I don't know how we can really 6 I heard than say the Iasi time I war in this room, 7 count those bceausc there aren't even houses on most of 7 they're looking at a five to seven-year buildout, 1 I these yet. They're still undux construction. So I 8 think it would be unreasonable they expect us to buy or 9 would question, just as a technical point, and certainly 9 put a school can that site particularly when we're so to Mr. Bucck can cal I me or get with me later, and tell me i o crowdod in the south. The bond package that we just I I how we could count those either in the 20 percent or out 11 passed on Saturday thanks to many in the community, 12 of the 20 percent because it would be a little hard for 12 ccrUinly two of the three of those eleme itaries will 13 net to understand how you could have a vacant lot and 13 have to go south. Now, where the third one goes exactly 14 count them a positive vote because there's really nobody 14 will depend on how fast what develops in the next l8 15 there, So 1 would think you would take occupancies of 15 months because that's when we'll have to deride when 16 actual folks who are throe. That's a more a technical 16 it's going to go. But the fiat two will probably 17 question. 17 certainly go south. Is This seems to be a &welopvr who really has Ill I'm a little concerned that the two-year 19 Anton at heart. 1 think there ate some consternation. 19 timeframe, particularly in reference to their buildout A,_ 2o When We first bought the lot where we're at 20 ymars 20 periol, I would certainly ask for five years or a deal % r 21 ago, I frankly didn't like an sE-to behind me. But, in 21 like we made with the folks down at Pecan Plantation 22 fact, I've done some looking around and SF-10 is okay. 22 where it said when they got the 500th house on the 23 1 don't want a brick wall In front of my house across 23 ground, we had one year from that point to shit 14 the street. I don't think that was really anybody who 24 construction. Well, that sm., a to be mare reasonable. 25 lives on Westgate's Idea. Now, some of our radical 23 So 1 think OYre's room for negotiation them. But 1 PLANNING & ZONING COMMISSION SEPT"91t 22, 1999 Page 57 • Page 60 107, t t Condenseltnx Page 61 Page 63 1 appreciate your question because that rams a link t some tradeoffs them but dry basically pay roe that. 2 short. 2 And then they turn it over and you maintain it as the 3 Ms. oGUPDt&: I was also wondering with you 3 City. There arm states where developers actually have 4 being in favor of the old plan there is to school site, 4 to build schools; Florida being one of them. We think s bow do you work with that? s that some cooperation, and I'm not going to tell you we 6 MR. WOOLPO lC Well, therm is 14 acres down 6 wouldn't put some money toward the property, if we could 1 there in exactly the same corner that is dedicated. T buy property at the original purchase price that they 8 And, by the way, it's interesting on their plan, on the 8 paid ra the land without a big profit in it and things 9 one %Nv saw last time 1 was here, l forget when that was, 9 like that. But we've had a situation just recently, we 10 but they actually had a row of houses along the very 10 know the developer paid somewhere around S20,000.00 an I I south edge of the property. And, frankly, they can't I I acre and offered it to us at S 100,000.00 an acre. 12 put a row of houses down there because that creek is 12 VIL WILLIAMS: t'm just talking about that 13 dead on the south property line, which is even better 13 one parcel of land. 14 than where I thought it was because it allows us to do j4 MA woot.Fom we need a school site to be a I S more work around that area and be able to really put a 15 neighborhood school in that area and It's very 16 school site in that area. So, then again, l think 16 important. 1? that's an opportunity for the joint City, school IT Ma VI GELBRECW. Mr, McNeill. is district cooperation that we've done so well with in Is six MCT'ErLL• Yeah There's not anything, 19 many other locations to have a joint park/school 19 though, in your discussions with the developer. I forget 20 location and be good for everybody. 20 his name, to Indicate that they would not be amenable to 21 Ms. Goupww: Thank you, Mr. Woolfolk. 21 going rot two, three, four, five years? 22 MR. WOOLFOLK:'thank you. 22 MR WOOLrOLxr well, unfortunately slrot 23 MR. ENGELBRECI IT: Mr. Williams. 23 that came up Monday night, and, by the way, they failed 24 MR, WILLLAMS: Yes. Rick, in regards to if 24 to Invite us to participate In that mating although 25 we go with if we dcci&k to go with the original plan 23 they said they would Page 62 Page 64 1 %here therm's no school site, as a member of the school I MR MCTEILL: They being? 2 board, how will that affect all the taxpayers? Because 2 MIL WOO FOLK: The MESA Properties. It was 3 we have to consider all the uxpaym. 3 probably an oversight, 4 M0.. WOOLrOLR: Well, that has certainly been 4 MIL MCNEILL: They failed to invite who? 3 the concern we've bar trying to express for several 3 MR wooLrax: The school planner. And it's 6 months lately in that it's the Board's adopted policy at 6 probably an oversight, a lot of things going on. But 7 this point in time that we believe elementary sites 7 they have not ben back to the school air" we bad that 8 should be donated. We'll buy middle school and high 8 one mating with them. So we don't know wine they're 9 school locations An elementary site is roughly 15 9 at on that. We tried to call them today before we tame \ 1o acres, A middle school site nods to be 35 saes cc 10 down here tonight. We will continue to try to get with 11 slightly larger. A high school site noels to be 75, 11 them and get this resolved. 12 It's unreasonable to export developers to give us that 12 Mx MC' itL mclinrtion, whereas you said 13 kind of acreage And 1 understand developers, the 13 earlier and as Mrs. Poole said, they're a developer who 14 bigger ones, are the ones that an getting hit. Smaller 14 has Dcnton as heart and they're interested in trying to 15 &evclcpcrs are able to get by. But the fact is the 15 do this. So 1 would not want you to leave here an 16 bigger developm put more kids in the schools quicker 16 implication that they weren't amenable to extending that 13 and we reed help. If we have to buy the properties, l7 period. 18 obviously, we' l I have to spend many. And every 18 Ma. woOt rmt And, again, l want you just 19 S323,000,00 we spend means a penny of taxation. And 1 19 to know that, and I'm trying to do this In a spirit A 20 rhink that the Baud is trying very bard to be 20 unlike last night, wham tNs developer seems to have (l - 21 responsible. 21 given some indication of trying to work with us. It's a 22 And the thing we keep arguing is a dvwdoper 22 matter of everybody having a chance to communicate. And 23 comes in and they put in streets, sewer, rice hydrants, 23 with the thme•week extension heft, we'll do our part. 24 water lines, rusd all the Inrraslructum for the City, 24 MR Mcarri4 Thank you 23 They even put it in rot the telephone company, They do 23 MR IMELBRwrr: Commissioners, any other PLANNING & ZONING COMMISSION SEPTFURFR 22,1999 Page 61 - Page 64 108. i t i ~I i Condonaollt" Page 65 Page 67 1 question for hit. Woolfolk? Thank you. 1 MR. ENGELDRwKT: Any other questions? 2 MR. WOOLFOLR: Thank you very much. 2 Mx. 111SHEta is the site of the school 3 MR. e;GEt9RECHT: Is there anyone else 3 still, for you the best site for that still proposed to 4 present who would ILke to address this particular case? 4 be in that southwest corner? S If you would please give us your name and business S MA IHFASTATA: Right. The school Is 6 address for the morel. 6 retraining, in the proposal that we're going to bring you 7 MR LVFASTATA: My rtame is Chip lnfa5tat3. 7 on the 13th, in that southwest corner at approximately a I work with MESA Design Group, 3100 McKinnon Avenue, a I? point someddng acres with an improved channel going 9 Suite 905, Dallas. We did ask for an extension so that 9 through there. 10 the detailed planning could catch up with the toning 10 MR. D;GELDRECHT: Other questions or l1 application and that's pretty much the whole reason I I comments? Thank You, Is there anyone else present who 12 behind that. Tonight I'm here really just to take totes 12 would like to address this partieWar case? Anyone else 13 and comments from you guys and from that citizens that 13 present who would like to address this particular case? 14 are available. 14 In that ease, I will close the public hearing once is We did have a neighborhood mooting Monday is again. And, Conunissioners 16 night. At that time 1 believe some new neighbors were 16 MR. MCNF ILL, 1 have a question for staff, 17 there, We're getting all kinds of fallback from 17 In the 200-foot area, how many total people wen legally 18 different neighbors. Thole was the mention of the wall, 18 dim that you mailed notices to? 19 and not only as a planner and designer, but I we it 19 MIL REICHHART! I believe it was 29 notices. 20 from the City staff standpoint also, a wall would not be 20 MiL MCNEILLr 29 peoples Okay. Thank you. 21 the right answer. As o; right now, whit we're planning 21 M0. REICHHART: And, again, with the new 22 on doing is bringing a plan back to you with the pods of 22 subdivision, 14 lots there, they're building on a couple 23 16's gone, the 16's just on Westgate so it reduces the 23 of them but I'm assuming the developer owns those. So 24 driveways by half; 10's backing to that and the rest of 24 out of those 14 lots, one person probably got 12 23 the plan still in tack And right now that's the 2s represented 12 lots so be got one notification Page 66 Page 68 1 developer's how he's heading. 1 n'presenting al112 of dim, lots. And the reason We 2 MR. F\riELBRr.cHT: Okay. Commissioners, do 2 send to vacant lots on any property is because there's 3 you have any questions or comments? Ms. Gourdie 3 still a property owner and what is being developed next , 4 Ms. WURDIE: SO you're actually increasing 4 to him, whetter he's developed that property or not S the del nsity? S still does affect his image of what his property is and 6 SIX INTA.STATA: I thank we're actually going 6 what should be built around him, whether anybody's 7 to have the same amount of lots because in the situation 7 living then or not, a where You have the pods of 16's, we don't have roads 6 MR MGM nu Right. 9 going to them. That's just a shared driveway. And by 9 SIR. REICHHART: 'the other thing 1 just want ` 10 flip-flopping that, we're going to have to install a 10 to clear up before I forget, at the neighborhood meeting 1 I road there to pick up those 10's which will, in turn, I I the developer said that the school site was a donation. 12 eat up more Iand, Ard I don't know for sure but 1 think 12 And they're not waiting two years, they're donating that 13 it'sjust going to be a one or two lot adjustment eithtcr 13 site. And that's what I recall them saying. So the two lA way of what's existing, what we're proposing the density 14 to five year is not an issue. 13 to be right now. is Ma ENGELDRECHT: we'll work that out at the 16 M5. rotTRDIE: 0a you have any feelings, 16 next hearing. f 17 which I know you're not supposed to feel, about 17 MR. ovm: on the notice issues, so there's I a considering what Mrs. Poole was saying about the desire I s no confusion, the ability to protest or to be for 19 of the neighborhood to go back to the original plan. 19 something has nothing to do with citizenship. If you r A. 20 Would y'all consider that In any way, shape, or form? 20 are in Dallas and you own ten acres that's within the 21 MR. INFASTATA rd rather really not 21 200 floc, so the vacant IoK If you own a vacant lot 22 comment on that right now. Like I said, I'm just here 22 you have the right to vote, j 23 to really take some comments tonight and gel some 23 MR. MCISTKU Yeah. And I didn't phrase 24 questions ready for the October lath mooting. 24 that question correctly. That's really the question 1 25 Ms. GOt, mE: Thank you. 23 was asking. Now many people received legal notices, not PLANNING & TONING COMMISSION SEPTA+s"UR 22, 1999 Page 65 - Page 6; log. r Condanaeltn" Page 69 Page 71 1 how many lived there? 29 taxpayers are within that I property. It's just within that 200-foot buffer area. r 2 200-foot boundary? 2 MP MCNEILL: it's riot number but it's 3 MR. RBHEL. Just remember some of those new 3 area. 4 people there, because of the way our notices are sent 4 MR Rix- ittAaT: a's not numbers, correct.. S out, might m have gotten notice at all. 3 It's area, physical land area within the 200-foot 6 MR. MCNELLt it doesn't make any difference 6 perimeter or this property. 7 whether they got it or not, somebody got a notice for 7 MR MC'NuL4 71rat's a novice question. a that lot? a MR ENGELBRECHT: while we're on that 9 MR. RISHEL: Right. But it may not be the 9 subject, one of the questions that's come up in the 10 owner of the property. 10 neighborhood out then Is, okay, precisely what arc t I MR. MCNEILL: I'm not arguing that but 11 those calculations. Becausr, for example, on this 12 there's still only 29 Is the number I was asking about. 11 particular case there's a good deal of stmt frontage 13 MR. ENGELBRECHT: The Interesting thing in 13 that's contingent to this property. How li that 14 this particular case is that two weeks ago it was 29 and 14 counted? How is the park property counted that's within 13 with that subdivision right next door, this week it's 30 IS 200 feet? So there are a variety or different kinds of 16 and next week it's 33. It's sort of a unique situation. 16 entities that arc immediately adjacent and so folks arc 17 MR. REICHHART: U someone has bought their 17 looking very carefully at precisely how the calculations I9 property after October of last year and they weren't on 18 are made. And that's why I asked Mr. Reichhart to 19 our tax rolls, they still can object to the application 19 simply put that in the backup so we would have it 20 in front of as tonight. So now that we know that 20 available for the public hearing next time. And in case 21 they're a property owner, we can give them the notice or 21 we do aced to review that with anyone, we'll have all 22 they can write letter or they can do whatever they want 22 that prepared and ready. Okay. Any other gt cstions for 23 to get to us. It doesn't preclude them from still 23 staff or is there a motion to continue? 24 pa;d6p ating in the process. 24 M.R. aISHEL' Motion. 2S MR. BUCEK: what you're saying by reason of 23 MR ENGEt.BREC'HT: Yes, sir. Page 70 Page 72 1 analogy, l think you and I are on the same wavelength, 1 MR RtsHEL: rd like to recommend that 2 if someone owned ten lots a month ago and they got 2 Z-99.061 be continued to the next regular scheduled 3 notice and they were for it And then there's five lots 3 moaning. 1 4 that are now owned by someone else, if those five lots 4 MR MCNEILL: Second. S come in and protest, those five lots are going to be S MR. ENGELBRECHT: R's been moved and 6 recognized as protest. And the guy who had the ten 6 soconded to continue to the next regular scheduled 7 lots, his egrcement is only for five now because be no 7 meeting. Any disc union? Vote, please. Vote curia 8 longer bas those five. a unanimously. 9 MR. RF.ICHHART: Up until City Council votes. 9 10 MR. RISHEL: But in our notification process 10 ■ b I d' that I t they might not have gotten a notice. I I ow, in sorry 12 MR. BUCEK, They may not have gotten it, but 12 cutler, Mr. Donaldson items. 13 what I'm saying to you about in this case as opposed 13 MR : Coming up Agenda, 14 to other cases, you can almost read about this in the 14 No. 13, the Kirby wring, No. 15 15 newspaper. 13 rtlstingto thee lakev' h, ton 16 MR. MCNEILL, so if there is a 20 percent 16 Record-Chronicle fouled u ublished notice so that 17 protest, what arc the implications of that? 17 we will not be able to on this evening. I a MR. REICHIIART: The only implication that it 11 Staff has requested th public bearing and j t9 has is that if this goes forward to City Council to be 19 take comment f that i . But because the A 20 approved it would treed a super-majority or a six to one 20 published noti occur ten rlor to the 21 vote. 21 mating, It be able to take any ' this 22 MR. MCNEILL: And so out of the 29, if I do 22 evenl 23 the arithmetic correctly, it would take six protesters. 23 ENGELBxectrr; okay. Commissi any 24 MR. REICHHART: No. It could be one 24 q on that? In other words, we will not be 2S property owner that owns 20 percent of the surrounding 21 no cases 13, 14, of 15. PLANNING do ZONING COMMISSION SEPTE 12 0. , 22,1999 Page 69 - Page 7 c Planning and Zoning Commission Minutes September 8, 1999 Page 3 of 4 8. Part of Lot 2 of the McKennon Subdivision. The 0.40 acre site Is located on the northwest corner of West Hickory Street and Williams Street. It Is in a Multi-family 1 (MF-1) zoning district. a. Consider a variance from Section 34.114 (3) of the Code of Ordinances, concerning minimum right-of-way dedication for a local street. (V-99.014, McKennon Subdivision, David Salmon) Motion by Susan Apple and seconded by Salty Rishel to approve. j 'Discussion of Item Is Included in Court Reporter's transcript attached to this set of minutes (Page 52). Motion carries 74 b. Hold a public hearing and consider approval of the preliminary and final plats of Lots 21 2R-2, and 2R-3 of the McKennon Subdivision, being a replat of Lot 2 of the McKennon Subdivision. Purpose of the plat Is to replat an existing lot into three lots. (PFR-99.096, McKennon Subdivision, Wayne Reed) Motion by Salty Rishel and seconded by Susan Apple to approve. 'Discussion of item Is Included In Court Reporters transcript attached to this set of minutes (Page 56). Motion carries 7-0. 9. Hold a public hearing and consider approval of the preliminary plat of Lots 113 and 2R, Block A and the final plat of Lot 1 R, Block A of the Ronjon Group Business Park Addition, being a replat of Lot 1, Block A of the Ronjon Group Business Park Addition. The 4.624 acre site is located on the east side of Mayhill Road, approximately 1,000 feet north of I Spencer Road. The purpose of the plat is to subdivide the existing tot Into two lots. The property is located In a Light Industrial (Lt) zoning district. (PFR-99-095, Ronjon Group Business Park Addition, Wayne Reed) Motion by Perry McNeill and seconded by Salty Rishel to approve. 'Discussion of item is included in Court Reporter's transcript attached to this set of minutes (Page 60). PUBLIC HEARING - ZONING CHANGE 10. Hold a public hearing and consider making a recommendation to City Council regarding amending the concept plan for a Planned Development (PD-115) encompassing 230.28 j acres. The property is generally located north of Windsor Road between Bonnle Brae and Westgate. The concept plan proposal is for mixed-use development including single-family ! and multi-family residential, and commercial use. (Z-99.06i, Smith Tract/PD-1115, Larry Reichhart) ~ A, Motion by Carl Williams and secorded by Sally Rishel to continue. 'Discussion of item Is Included in Court Reporter's transcript attached to this set of minutes (Page 62). Motion carries 7.0 11I. t Condeesclt"'e Page 61 Page 63 1 development regulations. I MA REICHRALRT: Thank you. As you may 2 And, again, no notice was required because 2 recall, this is a continuation of the public bearing we 3 this did ve any property or the pro 3 had two weeks ago. The subject site is in the northwest 4 involved here restricted to Single•F 4 sector or the city. We haven't gotten any new plans 5 Mplcx zoning f h are the only cl bons of 5 submitted, although the applicant does have sonic revised 6 zoning which a nou roperty o required 6 plans to present tonight. We have looked over those 1 MR ENGEM. Any q or staff) 7 briefly. Our recommendation at this time would be to a Is the petition or petiti p ve present? 8 continue this for another two weeks to give us time to 9 Do you care to make any r 9 really analyze what is being brought forward, but to 10 MA vENSON: Again, Yenson, 42381.35 10 hear again what is being proposed by the applicants and 11 North. I'm the surveyor this plat. It's I I any concerns associated with that development by the 12 very straight forward, so no as already 12 neighbors. 13 preliminary platted, cod out. We are 13 A couple of things I did want to clear up 14 simply expanding a some mu ansion and we 14 though, on the previous staff report mentioned that this 15 are here to answer ions. T1e ow r. Ron )ones, 15 area that's shaded was ldentiried as a moderate activity 16 is here if quest' required of him c'll keep 16 area. It's really an urban center with the 1988 Denton 17 it short and ou to 17 Plan, Denton Development Plan. And in this upper 18 M Ete cifr: Thank you. An •stions, 18 section of the site is where the majority of the higher 19 Commi s? It appears not. ]hank you. ere 19 intensity uses are being proposed, the Commercial, the 20 any nt who would like to speak in favo this 20 majority of the Commercial use, the Multi-Family use, 21 petit' Anyone present to speak in favor of 21 and one or the pods or sea, sooo square foot lots. As 22 pcti 22 being an urban center there are no limitations on the 23 In that case, is there anyone present to 23 density. As a matter of fact, we want more dmse areas 24 spe in opposition to the pct it ion? Anyone present to 24 to be in those areas. 25 speak in opposition? Saing no opposition, we'll waive 25 That answers one of the concerns that one or Page 62 Page 64 1 the rebuttal • arks. Public hearing is closed. I the citizens had regarding the half-mile separation 2 Rcv.d, tiny R arks? 2 betwtxn Multi-Family developments. Being that that 3 MR. REE recomnxmds al. No 3 proposed Multi-Family &-velopment is in an urban center, 4 onher questions or co is. 4 that half-mile separation only applies to developments 3 MR. ENGI:t.oR170 nets, any S within the low intensity areas, so factoring that out of ' 6 comnx nts or a motion? 6 the equation then, One of the other aspects of this, if 7 at R. atCNT u.t oil tion that 1 7 we look at just the low intensity area of the site, 8 more to approve the pre Lots I R and 2R, 8 what's proposed in the plan Is that we can go up to 60 9 Block A and the final f Lot I k A of the 9 trips per acre, which if you calculate that each 10 Ronjon Croup Bu ar k Addition. 10 residential unit generates approximately ten trips per I I NIR. RIS cond. I I day, the density, therefore, could go up to d x units 12 1wtR ItrCtrn It's burn mov 12 per acre. NTtal was being proposed at the last hearing 13 wcooded to rave. 13 was approximately In that, again, the southern tier in 14 hfc 14 the low intensity area was approximately 3,3 units per 15 Okay. We'll mono Into the public hearing 15 acrc with the open space Sr-7 and 61'-16 sites. 16 regarding inning changes and we have two this evening 16 One of the other things that staff wanted to 17 Agenda Item No. 10 Is to hold a public hearing and 17 point out was that in the development standards that 18 consider making a recommendation to City Council i8 were proposed, again, for just consideration of the type r 19 regarding amending the concept plan for a Planned 19 or development that was being proposed, some of the 20 Dovc1opment 115 encompassing 2302 acres. The property 20 standards for those 5,000 square foot lots included a 21 Is generally located north of Windsor Road between 21 minimum 16,000 square foot building - 1,600. Thank 22 Bonnie Brae and Westgatc. The concept plan proposal is 22 you. Thcy did have masonry walls where the houses backed 23 for mi xed-usc development including single-family and 23 up to the streets and then they did have two throc-itch 24 multi-family residential and commercial use. Al this 24 caliber tram per lot and 75 percent masomy. But we're 25 time I'll open the public hearing her. lteichhart. 23 just pointing out some of the positives, I gtx%of PLANNING & ZONING SEPTEMBER 8, 1999 112 Page 61 - Page 64 • c~ L Condenselt' Page 65 Page 67 I this subdivision, proposed subdivision. I property, we moved it down to the wuthwad corner and k 7 At this time 1 think the applicant would be 2 expanded it by approximately 9.5 saes to accommodate 3 better abie to address what has happened since the last 3 the school. Thera were several concerns and requests by 4 meeting. 1 know they've act with the Denton Independent 4 the neighborhood. One was increased lot sues. Another S School District and they are proposing some changes to 5 one was a concern about mull-family. And a third was 6 the plan. Unless there's questions that 1 can answer at 6 interest in a school site, And there's various factions 7 this time. 7 asking for various things and we felt, from the 8 MIL ENGELBAECHT, ContmlSSionM7 Just one 8 developer's point of view, the most prudent thing to do 9 you're showing the urban center for the '88 Plan, 9 that really had the most response to the community as a 10 what area would we have under the '98 Plan? 10 whole would be to seriously look at the school I I MR. RnctmART: what's being proposed In the I I dedication. So that essentially is the change in our 12 comprehensive plan? 12 proposal. We have not changed any other lot sizes on 13 MA ENGELBRECHT: Right 13 the proposal, so it etards pretty much as it was at the 14 MR. REICHHART: We very similar, as a 14 last time. 13 matter of fact, it Y's out a little t•'t more something Is We have had some Informal conversations with 16 like In that area is the regional activity center, which 16 the neighbor as they were coming In this evening and 17 would then encompass all of the commercial property and 17 what have you and they do have a couple of concerns. 18 the majority of the 5,000 also. So it's comparable to 18 One along Parcel Ii with the shared driveway situation 19 both plans. 19 and we're open to some discussions on that, but I'd 20 MR. ENGELBR£CHT: Any other questions? 20 rather have them talk and then maybe v e can cover that 21 Thank you. Is the petitioner or petitioner's 21 in the rebuttal or questions. 22 representative present? If you would please give us 22 1 think the o was also some question about 23 your name and business address for the record 23 the whole framework of the zoning with the legal aspect 24 MR ARTERBUR]M Good evening, Tary 24 or whatever of it. And I've asked a teal estate 25 Arlerburn, 3100 DicKinoon, MESA Design Group, Dallas, 25 attorney who's a friend of mine to come up and kind of Page 66 Page 68 1 Texas. Can you inform me of the time rules here again? I give his interpretation of that, if y'all don't mind. 1 2 Fifteen minutes and then three or five minutes fc 2 think that it's important because both here and at City 3 speakers? 3 Council, the thing that we're stating with Initially 4 NIX. E%G£t.BRECHT: We have five minutes for 4 was the I'D that was in place on the property or at least 5 the speakers and, under the current rules, ten minutes S so we thought and 1 think that does have an impact on 6 for the Petitioner. 6 the case, In general. So I'm just going to turn over 7 MR. ARY RtIciLm okay. At the last mating 7 the rest of my presentation time to Art Anderson and 8 we asked for a continuance and 1 just event to kind of 8 then we have a few other speakers after that. Thank you 9 update everyone of what,a transpired Because of some 9 very much 10 time constraints with myself and the developers being 10 MR ASDER.Sast: Thank you, Mr. Chairman. I I oat of town during the riot w•eck after the hearing, we I I think 1 have signed up. My name is Art Anderson, 5400 12 were unable to set up a neighborhood mooting. And that 12 Renaissance Tower in Dallas. As Tay said, l did not 13 was our fault, not the neighborhood's fault, obviously. 1; %itend the hearing that took place previously on this 14 1 did talk with Joyce Poole and Chip, with our office 14 application. It is my understanding that a legal Issue 15 talked with her it couple or times. As many of you know, 15 was raised whether or not ordinance 86101, which is the 16 she experienced an automobile accident which kind of 16 zoning ordinance governing the property and the 17 complicated the situation from the standpoint of 17 comprchcmive site plan that is attached to it, Is 11 communication. II currently legal and valid. / 19 However, we were abie to have a meeting 19 And I understand why that's an Important / A. r 20 early this wick with DISD. And the most significant 20 issue because 1 think it's important for the Commission 21 Lbange that we ere proposing tonight, which basically is 21 to consider whether or not the site plan that's been 22 to donate a school site in the lower southwest coma of 22 presented before you today, which Is the applicant's 13 the site And that essentially occurs right here. We 23 site plan, how it compares In knots of trip generation 24 moved the park that we had in the center of the 24 end types of land uses and densities with the 25 property, the park that was in the center or the 15 comprehensive site plan that was approved with Ordinance PLANNING A ZONING SEPTEMBER 8, 1999 113. Page 65 - Page 68 . l Condenselitat Page 69 Page 71 1 86101 and, therefore, it's kind of a threshold question I coming before you because it contains a Section 4 of the 2 to establish that the existing ordinance is legal and 2 ordinances which, I,U be recd honest with you,1 don't A i 3 valid, as well as the concept site plan which is 3 understand it. 1 room, I've seen thousands of zoning 4 attached to it. 4 ordinanoes and I'm having a hard time figuring it W. 4 1 have reviewed the docurents. I've also 5 But it could be interpreted under Section 4 that at the 6 r67#arched the area, I've been practicing in this area 6 time of the detailed Bite plan approval or whatever the 7 for 15 yc4rs, es many of you know. And 1 spoke with 7 next site plan approval process is after the a Mike regarding the legal issues that have been a comprehensive site plan, that the densities and the land 9 presented. Our opinion is that the current ordinance, 9 uses could be reexamined at that point and, basically, to as well as the site plan is Legal, valid, and in effect to that the comprehensive site plan, Us part of the I1 today. And if the developer desired to go out and 13 ordinance could be changed. In other words, if I filed 12 develop in accordance with the site plan that is in 12 a developmcnt plan today that was consistent with the 13 existence, that he could go ahead and that he could do 13 comprehensive site plan, that it aright not be approved 14 that. 14 if there was some discretion that was left at the 15 We basically reviewed the language of two 15 Planning and Zoning Commission and the City Council 16 ordinances or two documents, as better put. And the 16 level. 17 first one 1 didn't personally review, but people have 17 Our opinion Is that Section 4 Is invalid, lg relayed to rte what it said and that is a Resolution that 16 That it clearly cannot be applied in this case, And the 19 was apparently adopted in the 1984 time frame by the 19 first reason is similar to the reason that 1 gave with 20 Council and that Resolution put a three-year time period 20 regards to the repealer language. Just like a zoning 21 on the effectiveness of PDs. That's my understanding. 21 ordinance cannot be repealed unless the City goes 22 Mike, correct me if I'm wrong. But put a throe-year 22 through the procedural steps that are established under 23 time period on the effectiveness of PDs if there was not 23 the Zoning Enabling Act, an ordinance cannot be amended 24 development within the PD during that time frame. It is 24 and it cannot be revised or changed, the zoning 25 very clear that under Texas law that the Resolution 25 regulations that are contained in tFe ordinance, unless Page 70 Page 72 1 cannot attxnd an ordinance 3 that same procedure Is followed. So unless there's 2 So In this case we have a zoning ordinance 2 actually a zoning change that is noticed and the 3 that was adopted so a Resolution wotild have basically no 3 application filed, and the process basically what we're 4 affect. There's actually Texas Supreme Court precedence 4 going through here today is followed, then at the 3 there. 5 detailed site plan process the property cannot, in 6 The second issue involves the procedure that 6 efToct, be rezoned from the way that it was zoned under 7 is involved 13ceauve under the Zoning Enabling Act, 1 the Planned Development District Ordinance. 5 which basically is tM framework for all these rules 9 Furthermore, there Is ease law out there, is 9 that y'all have adopted and go under, as contained in 9 Michael Is aware, particularly the Koffey City versus 10 Chapter 211 of the Texas Loral Go ernmrnt Code, there Is 10 Thompson case which held that a vague and ambiguous I I a procedure that is established about how you repeal a I I zoning ordinance is null and void. And what Section 4 12 zoning ordinance. And in order to repeal a zoning 12 would do 1% it would make this ordinance vague and 13 ordinance, you basically have to hair, a zoning change 13 ambiguous because right now we have specific standards 14 request and an application and a hearing like we're 14 that are established In Section 2 and Section 3 as to 13 having today. There's no way that it can be done 15 what you can do with the property wirer you have a 16 outside of going through that procedure. So what, In 16 comprehensive site plan that you can took at and say i+ effect, an automatic ducc•yrar repeal would do would be 17 that's the way that the property can be developed If I a to violate the Zoning Enabling Act because it would Ig you look Section 4 and say, well, d a-, just change all J 19 automatically change the zoning without going through 19 that, at some way or point, there's basically no J - A m the procedure that's established In the statute. So 1 20 standards. And there's actually no way to know how / t 21 think it's real clear, 1 don't think there's any doubt 21 those development standards might be changed, so it 22 that the Resolution could not put an automatic repeat on 22 becomes ambiguous and vague and Imposa'ble to enforce. 23 a zoning ordinance like this one. 23 That section, therefore, which would make the zoning 24 The second question, this PD ordinance is it 24 ordinance vague and ambiguous cannot be effective and 25 little bit more unique than some of those that may be 25 valid in light of the Kerrey City opinion. PLANNING & ZONING SEPTEMBER 8, 1999 114. Page 69 • Page 72 . t Coodeoseltr" Page 13 Page 75 I Finally, there bas been case law which Is I great. You have a comprehensive site plan that's been 2 not directly on part, but you-all may have heard about 2 approved. You went through the zoning process. That's 3 the Cinemark Tinscitown case, In that case the Dallas 3 fine and that's valid. 4 City Council, we were involved in that case, the Dallas 4 But this section, and courts will strike S City Council, in effect, tried to deny and change a 3 sections that are unconstitutional, they'll sever them 6 detailed site plan that was submitted In conformance 6 out and leave the rest of the ordinance valid, l think 7 with the comprehensive site plan. And the Dallas Court 7 they would strike that suction, because If you apply g or Appeals ruled that the developer's substantive due 8 that, it would make the ordinance vague and ambiguous. 9 right due process rights were violated as a result or 9 Did that make sense or did 1 make it more confusing? to that. And, as many of y'all know, that ease settled 10 Ms. court E: No, actually but wouldn't I1 for, you know, basically, a substantial sum to Cinemark 11 that be a desired purpose in some case In order to have 12 in that case. 12 it I S 1 think the procedure that's been 13 MR AVDERsoN: I would hope not. I mean, I 14 established Is pretty clear throughout Texas and that is 14 think both for - I've been involved in many situations 15 if you have a rb and you have a comprehensive plan 13 where it's difficult to interpret the zoning ordinance, 16 that's approved with that, site plans that arc submitted 16 not this, but language that everybody at the time it was 17 that are in substantial conforrnatsoe with the t7 passed thought that it applied. 1 man, Cincmark is a 18 comprehension plan, have to be approved. Arid it's not a 18 good example. Cinemark was originally passed as being a 19 rezoning case It is simply an administrative mechanism 19 high-rise office development along the Tollway and then 20 from that point. I guess a long way to say, W. 20 Cinemark cam In aced the zoning allowed a movie theater 21 Chairman, that from our standpoint and my opinion is 21 and they went ahead and applied for a theater. 22 that the current ordinance and site plan ate legal and 22 But I think it is extremely difficult to 21 valid. And 1 think that the Commission's delcrminations 23 have either the neighbors or the City, if somebody comes 24 and deliberations In terms of the application should be 24 in with a plan, or the landowner to know what that' have 25 viewed within that context. Thank you. Sorry I went 25 in terms of zoning rights under this type of section. Page 74 Page 76 1 over time. I Because if you could retrade it at every point, I mean, 2 MR. ENGLLBRECHT commissioners, any 2 1'Il be teal honest with you, what I tell a lot of 3 questions? Nis. Gourdic. 3 Planning and Zoning Commissioners and City Councils who 4 erns ooURnta: rm really kind of confused 4 ask me Iii, 1 don't think that the P&Z and Council 5 about the fourth issue that you made about the Section $ necessarily want to have to look at every single site 6 4, being that it makes it ambiguous and, therefore, if 6 plan or every single plat like it is in a lot of cities 7 it's an ambiguous zoning, however you worded it, which 7 as a new zoning case. Your 2:00 o'clock meetings will I was very eloquent, creates that this plan is then null s last till 6:00 o'clock meetings. I mean, it's Just 9 end void Is that what you said? 9 It's a situation where you have to have some certainty l 10 MR. ANDERSON, No, ma'am. Cm sorry. I to both for the Planning and Zoning Commission and the ff 1 I think 1 was trying to finish within my time period. I I i developers making these applications. 12 hate that bum-r, by the way. What I was trying to say 12 Ms omitm: t could continue this and 1 13 is if you read the text and you look at the site plan, I3 probably will later, just to clarify. But I know we 14 it's very Char what you can do. It establishes density 14 need to move forward. 15 and when you have to build scroming walls and when you IS MA ENGELBREM: Any ether questions? 16 have to build this strut and how much screage can go 16 Thank you, W. Anderson. I do have cards, individuals 17 for di frerent types of land uses and densities and t7 who wish to speak in support from is It Cary Cobb. 18 cvcryiNng else. 'chose development standards are 18 MR. Cosa: Good evening, Chairman and 19 similar to every other FD ordinance I've seen, arc very 19 Commissioners. My name Is Cary Cobb With Intermandeco, r 20 clear and you can comply with them and follow them. 20 Incorporated, Plano, Texas, 1401 Burnham Drive. W'e're 21 They we not vague and ambiguous. But what I'm saying 21 here this evening to continue pretty much what we looked 22 is In Section 4, if it ern applied, would make those 22 Into last mooting and I would just like to soy a few 23 standards vaguer and ambiguous. And my belief is Is that 23 things in that regard. First off. I would like to 24 a Court would say everything that's In the development 24 request that both the Commission, the City of Denton, 25 standards that arc clear and that you can understand, 25 and the surrounding citiaens consider torte or the PLANMNO At ZONINO SEPTEMBER 8, IM Page 73 - Page 76 115. i ~ I I i Coodenselitr"" Page 77 Pcge 79 1 different aspects that we look at when we're looking at I effectively access that school and, therefore, it would b 2 a piece of property. And, in fact, have in this case. 2 be more of a true neighborhood school. 3 1 think the first thing would be that we, as it 3 1 guess in closing I would just ask that, 4 developer, and we have just entered this market with the 4 and I don't I certainly don't think this is the case, s Ryan Ranch project and we'll be starting dirt there S but I war you guys to know that we arc not the enemy 6 vtry, very socm. We make it our business to try to make 6 hen:, We're not coming here to treats packed house, 7 things fit where they're supposed to fit. We don't try 7 wall-to-wall folks. We put a lot of dw*t into it. 8 to take a piece of property and not look at the market 8 We get traffic eegineers. We do everything we can to 9 around it or not look at what the City is trying to 9 have this project serve as an asset, both to the City 10 accomplish in terms of their growth patterns or uses in 10 and the surrounding citizens. 11 a particular area. I1 MA E\GELBRECHT: Thank you. Are there 12 We started with this property and had 12 questions for Mr. Cobb? 1 have a request, not 13 several meetings with staff and the City and had two 13 necessarily a question. You had Indicated that you have 14 what we felt were very, very productive neighborhood 14 other projects that you would like to show individuals 15 meetings and basically promoting what amounts to a 17 1 wonder if you could put a list of those together to 16 drastic down-zoning in terms of density or Intensity use 16 provide to the neighborhood association over there so 17 for the property. Please keep In mind that wc, as a 17 they could get out the addresses. I think it would IS purchaser of this property that we'll hopefully enable is particularly important if you have an area where there's 19 it to come to its quality final use for the city of 19 SFd being developed, if you have an example that you're 20 0.nton and the surrounding citizens. We, as a buyer of 20 developing of that stmt boulevard, the boulevard 21 that property arc still paying for some of the more 21 twture of the street that you're proposing and possibly 22 intense uses that the Po did allow, it being already in 22 some of the comn=i&I arcs if you have one that's 23 force 23 developed of a similar size and nature that you would be 24 Our track record, it's hard for me to 24 developing there, if you could provide than with 25 explain that to you, It would be so much easier if we 25 addresses, locations far those so that they might go Page 78 Page so I could load up a van and I could take you to some of the 1 view them. 2 projects that we have I would encourage you to contact 2 MA COBB: You bet. And we'd be more than 3 our office and we would be more titan willing to take you 3 happy to supply that Information. 4 there or give you plenty of examples to go by on the 4 MR. ENGEtBRECHT: I was just curious, I S various projects that we'r: currently involved in or 5 noticed that the park/school site now, what used to be o have been in the past. 6 just park is now park/school site has moved and, as I 7 We have now, because we we that this 7 understand you indicated, you moved it over to Westgate e project is ckfinitely contributing to the school, a in order to better facilitate comings and goings for 9 elementary school chi'dren situation In the area. And 9 children outside of the neighborhood, as well as those ` to we have talked to Todd on a number of occasions with the 1o in? I I msD sad have seen that it is a definite issue with the 11 MIL COBB: Absolutely. That Was one of the 12 school district. While this project is estimated, they 12 key considerations from the School Board's standpoint, 13 have their own formulas to come up with the estimated 13 as we understand it. Also, that schooVpark site was It number of school children, and I'm sure that varies up 14 more a true neighborhood park right in the middle as 15 and down some, but their estimates are that this project IS opposed to all the pocket parks that are still in the 16 will take up less than half of a new elementary school. 16 project. We didn't get rid of those. But that park 17 We did realize that rhP: is very important given the 17 site was in a less acoessible area to aturounu'ng 18 tight nature of the schools around there so we did cut 18 neighborhoods. Now, given the terms and, you ?mow, they r 19 and squeeze and do everything we could to try to 19 have their formulas so I test them because I know that A, 20 Incorporate a park site with this school site. 20 they do, them art approximately in the area of 680 21 1 think that site is located whereas where 21 elementary school students that would comfortably staff 22 we had the park in the middle of the project previously, 22 a school. 23 now locating it down there, given that the project 23 On this project if you Include even the 24 doesn't fully fill that school, will enable all the 24 Multi-Family, which we, our company personally does not 25 neighborhoods that surround the project to more 25 do Multi-Family projects it this time, including PLANNING & ZONIN'i SEPTEMBER 8, 1999 Page 77 - Page 80 116. I Condenselt' Page 81 Page 83 I everything it equated 280 students, which 280 out of I uidmtaM that. ]here was no horses at all as close in 2 680. So you can see that that school is not Just being 2 a% let's say, Highway 24. Of cause, that's the old 3 fad and, therefore, its location really needed to be 3 380. It's now University Drive. There wen no homes 4 shifted and that was according to suggestion. 4 between there and our property and it was strictly farm S Met ENGELBRECHT: All right. Thank you. s land. My dad bought it for farming purposes and it has 6 Any other questions? Thank you. Thcre was also a 6 been under farm and farming in man) dlffennt w" all 7 request to speak by Dillon Smith. If you would give us T this time. 8 your name mid address for the record please, a But Is has gottat to the point where it Is 9 alit sMml: nillon Smith, 3604 Lynnwood 9 not really economically feasible. It's all inside the to Drive in Arlington, Texas. My brother and I are 10 City limits and there arc certain restrictions, you I I property owner and we own the property that's under 1 i know, that arc applied by the City that prevents us from 12 consideration here by the Commission. My dad bought 13 doing certain things with it And we wvxe in hopes back 13 this property back in 1937 and it has been In our family 13 in '94 that that, after it was zoned for the 14 for 63 years. 1 was reared on this property and my 14 development, that Is would continue. But there were 15 brother, Iola,, was bom there, still lives on the land 13 some economic downturns at that time and it was tenable m and wants to see it developed proneriy. My brother and 16 to be developed. But it was just an open field out In 17 his family will still continue to Itve in a 30-acre 17 that area. 18 tract that will remain after this development is 18 MA ENGELettwHT: thank you. Any other 19 underway. 19 questions for Mr, Smith? Thank you, sir. 1 also have a 20 It's Important that you understand our point 20 card from Sohn Smith. 21 or view as the owners of this property. leis no longer 21 MiLmoan : tam Sohn Smith. I hive at 3309 22 became economically feasible to continue tanning the 22 North Boenle Brae wW I'm the farmer. I've been working 23 land and my brother may say a few words about that In a 23 many years. I've farmed the land ever since around '58, 24 few minutes But it's time that we started looking very 24 which has been a long lima 1 like that land. I U t 25 seriously at developing this property and we want that 13 farming. But fanning, as most of you have p-obably read Page 82 Page 84 d to be started is s )on as possible:, 1 in the paper, it's really not economical like it used 2 We have been very selective a4 to whom wt 2 to be and it's getting wore. So it's getting hard to 3 sell this property to because we've got a lot of family 3 farm the land. It's In the City and it's been In the 4 tics, over 63 )Tars. We are very confident that we have 4 City for 34 years, since 1965, 34 years, 5 sckcr^.d an excellent developer because he has a great s And 1 used to raise sheep on the place along 6 track record in Plano, south Denton with the Ryan 6 back in the 60s, but then people started moving in and 7 proi~_rty, Frisco, and in other surrounding locations in 7 everyone that moved in had big dogs. They loved mutton s the tnctroplex. A and so 1 dad to go o 'the sheep business because 9 This Planned 0.velopmcnt, as you can sec on 9 they killed just about ail my sheep or a lot of them. w these charts, is going to be it beautiful layout, we to So instead of causing a problem, I just went ahead and I i think, a real asset it will be an asset to the City I I sold my sheep and changed over to cows. And we still 12 of Denton, both from an aesthetic viewpoint and from s 12 have these cattle on the place now. 13 monetary stand point. And it will also be good, I 13 Also I used to raise a lot of wheat, and In 14 believe, and fit in with the citizens that live around 14 the spring sonetimes army worms and things would come in 13 this particular area. As far is 1 can tell, it mats 15 and when the wheat's tall, you can't spay with a ground 16 all the City master plans for that particular area of 16 rig, Well, I can't spray with a plane anymore because 17 the City and, therefore, respectfully ask that this 17 It's in the City limits and some people complained and la zoning change be approved. Thank you. 18 so my pilot would not spray it anymore, to i had to stop r 19 MR. EN( FLURCC)IT: Thank you. Commissioners 19 that. And I'm covered up right now with Mesquite tries A , 20 any questions for Mr. Smith? 20 and I need to spray that by plane but I can't, so I'm 21 MR. WILLLAMS: 1 have one question of Mr. 21 using a ground rig but it's slow. I think the Mesquites 22 Smith. What did this land look ':4e when you were a 22 are winning. Also, we have a burn ban, and I'm not 23 boy, when you wTre raised there? 23 complaining. Some things we have to go along with 24 MR. SMrrH: W , it was way out In the 24 Sometimes you have more stew than you can weak Into the 25 boondocks, to put it where you might be able to 23 soil and you need to bum it. Well, I tried that and PLANNING & ZONING SEPTP.MHER 8, 1999 117 Paige 81 • Page 84 . t Condenseltrst Par as Page e? 1 that's not a good Idea In the City limits so I couldn't I cow gets out Into their neighborhood, 4 2 do that either, 2 MA SMITH: this is one of those things that 3 So these are some of the things that ate 3 I'll have to workout, If it's a problem Va get rid 4 it makes the land hard to work. A farm ncedi to be in 4 of the cattle. S the country, not surrounded by houses. And I know the S MS. GOMIe Well, you sound like you're a 6 people around it like to see the cows. They love to see 6 won&ful person for ell the compromising you've done 7 the cattle out there and I do, too. I'm a tarter. But 7 and God bless you for that. 1 8 it's just gating harder, and so we felt like it's 8 MA. SMITH: well, I love to farm. I enjoy 9 probably test to sell the land and now is a good time 9 farming, And we'll probably buy land for that in the 10 because Denton needs housing. This plan that, you know, 10 country. 11 we're looking at seems tike would fit the neighborhood, t 1 1415. GOURDIE: You've got a good spirit 12 root the area. 12 'Thank you, Mr. Smith. 1 13 My wife and I went down to Corinth, one of 13 MR. ENGELDRECHT: Anytme else? 14 their developments down there, and we liked jt It was 14 MIL WILL tAM Yes, Mr. Smith, how long 15 real nice. We talked to some people down there, they IS have you lived in Denton? How you lived in Denton o9 16 Were happy with it. And so it seems like a real good 16 your lire? 17 development and so I'm asking you to vote in favor of 17 MR. SMITH: 60 years, I've bocn on that land 18 this chanitc In the zoning for this property. 18 60 years with the exception of five months. When I got 19 MR. ENGELEAECHT', Thank you. Any questions 19 married, I moved Into an epaMlent for rive months and 20 for Mr, Smith? Yes, Ms. Gourdie. 20 then I built me a house and 1 mnved back out to the 21 MS. GOURDIE. Mr. Smith, with the 30 acres 21 country. 22 that wi:l be remaining which is your borne, will you 22 Ma w11LL4MS: Could I assume t you love 21 still be having cows out there? 23 Denton since you've been here 60 ye, ro? 24 MA smmi 5'n. I'm still going to have 24 MR SMITH: Yet. I went through high 25 some cows on that 30 acres, right, if D can, My 25 school, North Texas. I taught school, now, don't hold Page 86 Page 88 1 neighbor has five acres and they have cattle, so I can 1 this against me, in Lewisville. But Lewisville has a 2 keep a few there, it will be very raw, but a row, 2 good school district. But it was just - a job oNniod 3 MS GOCADIE I don't know anything about 3 and 1 was down there 31 years, 4 cattle ranching, I'm just conxmed os to the smell 4 MA. ENGF.LBRECHT: Any other questions? S factor. Let's just he blunt. Is this going to causes S MIL RISHEL, Don Dillon still tall you his 6 problem for any of these homes to have the cows? 6 little brother? 7 MA. SMIIII'. No oTw has ever complained about 7 MR. SMITH: Possibly. In school D always 8 any of the cattle. 8 was. 9 MS. UWADIE: Well, I don't know if anyone's 9 MA. ENOELBRECIm Thank you. I also have a 10 bar around, 10 card from Dorothy Sntith. I I MR. SMITH I know it's boon on the 260 11 MS. SMITH: I'm Dorothy Smith and I'm John 12 aarci but no one's ever complained about the cattle 12 Smiti's wife end I live at 3309 North Bonnie Brae, And 13 being there. And some or them get into the neighbors' 13 we arc very much a part of the neighborhood and we have 14 yards over in Westgate and different places. And my 14 been for forever, it soma like. And 1 think the guys 1 S neighbors are grwt, they have newer comptained about my IS slreedy said everything I was going to Say so 1 don't 16 cattle In their yard and they have tromped it up a few 16 know why I'm standing up here but 1 just want to assure 17 times But they always call and they're real gracious 17 our neighbors that we want the very best development I8 to call me and say, oops, we've got it cow tut, and I so 18 possible for our land. We're not trying to do anything r r , 19 gcl it. But that does happen this cattle and, you know, 19 that's going to hurt the value of their property in any A 20 it's just one of those things that happens. But code 20 way, Since we arc going to be continuing to live in the I 21 don't well, to rte, they don't smell. 21 neighborhood and we are retaining the 30 acres, and my 22 MS. GOURDIE: Salty just said they Smell 22 son also lives In the neighborhood, and, you know, wt 23 like motley. Okay. I'm just concerned because row 23 stand to lose more than anybody else if we don't have a 24 you're going to have, you know, 400 neighbors that 24 rally good development out there, 23 you're Solna to have to acsoclate yourself with If your 25 And so we, my husband and I did aback on PLANNING de ZONING SEPTEMBER 8, 1999 Page 85 • Page 88 118. 4 Condeoslelt'" 1 Page 89 Page 91 I some of the things that MESA Design Group, on them 1 fish in their pond and we got those cattle, they got 2 and also as the developer to see what kind of 2 loose a lot out tkrr sod we'd all them up and they'd 3 representation they had. And the only thing we found 3 came and get them In, but sometimes the boys knew where 4 out Is really positive things about them and we've boon 4 the gates were and they would herd them In. It's full s impressed by what we have seen, the developments that S of sentiment, a scr.timcnW feeling to me out there. 6 they l.s,, les c im the past. They very definitely work 6 I'm not against the development In a sense 7 cl, Ay with ptx plc trying to, you know, work out the 7 of no, you know. I just want it to be done to it point 8 : , i Is 1.' s t the people are desiring to happen in their 8 where it's going to enhance the Integrity of the 9 1 - y ' ort ad and I think that they have gone the second 9 wonderful, beautiful community we have out them on to and ate third mile in doing this. And as much as we 1o those two streets, Westgate, Darby and then the two I I have loved our land, you know, things have to change. 11 connectors. We have nothing against the Smiths. We 12 And I guess maybe we're as resistant as anybody to 12 think they're the most wonderful neighbors in the world. 13 change taking place. But sometimes when we resist 13 1 love their cattle and I love the noise at night of the 14 change, we also resist progress and we end up hurting 14 tractor when it was so hot and he'd be out there working 17 ourselves. 15 on the tractor with the lights on. 16 So, anyway, we feel like we have a good 16 And the developer has been very nice and I 17 design group, we have a good developer, and we would 17 was talking to them this evening because I was gone and is really like to see this zoning change go through. I s I couldn't talk to them ahead of time. And they've boeo 19 MR. ENGELBRFC 1T. Thank you, Ms. Smith. Any 19 very nice, I can't complain about that. But the prices 20 questions, Commissioners? Thank you. 1 do have a 20 of lots out there where I live, the one lot 1 know is a 21 number of cards of individuals who wish to Indicate 21 half-acre lot on Darby sold for over $32,000.00 for a 22 their support, but did not wish to speak and 1 will read 22 half-acre. What we're asking and what we want to really 23 those in a moment. But I first want to ask is there 23 push is Part H on that plan, that's the one that borders 24 anyone else who would like to speak In favor of this 24 on Westgate Drive, that I$ classified as SF-16. We 23 petition? Anyone else present to speak in favor of the 25 don't want two and a half houses facing our one acre. Page 90 Page 92 1 petition? I So we made the suggestion that we wanted one-acre lots. 2 In that case, I'll review these cards. We 2 We've already said that ever since this thing startet]. 3 have Todd Smith, 3321 Bonnie Brae In support. Farla 3 In talking to Oe developer, I& Artevburn, they felt 4 Joyce Smith, 3605 Lynnwood In support. Shawn Smith, 4 that it might be possible that they will leave this 3 2291 Whcut Hill, Sanger in support. Cheryl )lasscll, 5 Section 11 undeveloped for the present and then as we go 6 2112 Stcphnu Drive, Denton in support . This 6 along here and they develop come or the other another 7 development Looks great. We love the addition of the 7 developer that they may sell that piece of land to could e school, Okay. 8 be divided Into one-acre lots. 9 MR. Fusin t: Can I ask, sm tt -y all related 9 Now, I know our zoning and so forth, I'm 10 to Inc Smiths? Are there any more Smiths that want to to familiar with that, but an Inlepcndent developer could t 1 speak? I I retake onc-s a lots. Now, there aren't that many houses 12 SIR. ENGEI.BRECHT Well, there was a Hassel 12 on that stead and we just feel that we could Iced a tot 13 al the end. In that case, I'll ask if there's anyone 13 to it. As a body we're against, we're very much against 14 wfio would like to speak In opposition? I do have a 14 rampant density. I've been up here before you and 15 number of cards, 1 have individuals wba wish to speak IS terom the City Council against that. I think these 16 in opposition William Williamson, 16 people ate making a rather they're very cooperative 17 MR W9tuAMSON: I'm William Williamson. 1 17 and that's a lot better than what we had over on the is live at 3321 Westgate Drive, IMnton. 1 want to thank Is occ::r side on Windsor Drive. That was acrimoni.us, r 19 the Commissioners really. It's my second time up here 19 These people have hoca very nice. Vall have been very A 20 and sometimes I get a little bit critical. But y'all 20 nice. And what have to have, though, is we'd like to 21 have been so patient and today we have two woman with 21 have a buffer in that sense, and that's what we're 22 you and it makes it a lot nicer to look at. John Smith, 22 talking about that acre. 23 1 want you to know his father, I was the second house 23 Now, when they brought out about the school 24 ow there in Westgate when it wasjust a dirt road. My 24 bring down there at the tloodplain, which is down below 25 boys had permission from Dillon Smith, then father, to 23 where we arc and where the water tuns down In through PLANNINO & ZONING SEPTEMBER 6, 1999 Page 39 • Page 92 119. i l 1 , I ' a Condenselttsr Page 93 Page 95 I that crock, that water disburses through there, well, we I can to do this. And, of course, being a school teacher 2 like that, 1 did, personally. I'm speaking for myself 2 1 just can'I stand the thought of having that many more 3 right now even though I'm part of the neighborhood 3 children and not having a school because if this didn't 4 association, We like that because a school is 4 happen, if we didn't have a school there, it would S essential. I'm the election judge in bath Lakes all 3 clobber about lira schools. So thanks for that and 1 6 the tir x and I'll be handling the bond election for the 6 didn't know that was going to happen until 1 came and 7 school district. And I think we need a school so badly, 7 decided to make this speech. 8 that was one of my objections to the densities that arc s I am not against this development, We've 9 proposed by David White on the city. I just don't go 9 lived doe 34 years and known that itch would happen. 10 for that density stuff to the degree that they want to 10 The only thing we ask Is that it be a spacious beautiful I I do it. I know we're going to have it. I don't oppose I I addition with not too many people. And so I wanted to 12 that, but I want to have it be orderly. 12 show you something on this plan. 1 live right here In 13 And I think the Smiths elucidated very well 13 yellow on Westgate [rive, And I noticed here what they 14 wherever they said that they want to have something that 14 have done Is make four little four lots that open on IS would be suitable and nice and be compatible to the IS one little mouse hole. All those people that live there 16 atmosphere and the dignity of the area. And 1 know they 16 are going to have to go in through one little entrance, 17 really mean that. That's what we want. And 1 thank 17 sort of a little cul-de-sac. It looks little on here Ia y'all for being so patient and it's been the greatest 1 s and that's what bothered me Is that four families are 19 thing in the world that I c ould gut up here and not be 19 going to have to come out on Westgate Drive, 'here arc 20 acrimonious myself. And I thank you very much. 20 nine of those little mouse holes fa people to Come ouL 21 MR ENGELDRECHT, Commissioncn, any 21 And that was the density that I was talking about. 22 questions? Thank you. I also have a card from Grace 22 Tlxre are four lots there and if you'll look 23 llalL 23 right here there's only one Iinle entrance there for 24 M5. HALL: I'm Grace II311, 1 live at 3211 24 those two back houses to go into their lots. And 23 Westgate Drive I'm a retired Demtoo school teacher, I 23 everybody now has an Ry, a boat, two can, at least, Page 94 Page 96 1 learned everything I need to know, not in kindergarten, 1 sometimes pore, So that means a lot of cars are going 2 in first grade. I taught first grade at Stonewall 2 to being pulling out on Westgate which will not stand 3 Jackson for IS years. I've lived in Denton for 80 years 3 that kind er usinc. Sol hope the City will be able I 4 or my 86 years of life. I've lived at 3211 Westgate 4 to help us with that sort of thing and I think the 3 Drive fa 34 years, We wrro there bcforo it was in the S developers will have some things maybe they can help 6 City evrn. I learned it lot about density teaching first 6 us, loo. So please give w some SP•101s. 7 Fade and I want to share that with you. When I started 7 MR. ENGFURECHT; Com nissloners, arc there 8 tca:hing in D,mton I had 37 children fa many years. I 8 any questions for Ms. Hall? Mr, fUshxl. Do you teed i 9 never did got to leach 20 like they have now. Thank 9 more space or do you want to ask a question? 10 goodness they do have that, 10 MR RISHEL. s thought she'd be able to i I There's only tow corners in the room and I I I relate to me if I raised my hand, bccacse I have a first 12 learned right away the first wok of school, which 12 grade teacher that I'm married to, also. 13 children nocd id more elbow room who bad to have sonic 13 Ms. HALL: You may speak, 14 extra span around them or they just couidn'I function, 14 MA RISHEL• n sounds like in s tot of i S they couldn't Flt along. 'there arc some people like 13 respects you could have spoke either for or against this 16 that. As I worked with them and sot founds place , 16 project, 17 1 saved myself & lot of discipline problems by finding a 17 Ms. FALL I m not against the project. I s little space for everybody who needed mare space. As I 18 MR. xmm That's what I wanted to bear r 19 got to know the parents of those children, l realircd 19 you say. r 20 that that never goes away. Those same people still want 20 Ms. tALG N0. we've all know this would (f,'- 21 spoor. They don't like to be crammed into one link 21 happen. 22 spot any I think that's true 22 MR RISHEL+ Thank you very much. I we Mr. 23 That's the only thing I love this. 1 23 Cobb back here amiling and Mr. Arterburn smiling. 14 think this is a good plan These people have been 24 Ms. HALta we like our neighbor and they 2S wonderful with us to lister to us and do as much m they 25 have hem gracious. PLANNING At ZONING SEMMSER 8, IM 120 Page 93 • Page % . t 1 t I ' i ~ Con~'~acIl"t I I Page 97 Page 99 1 MIL RisHEL Thcy would have been happy to 1 opportunity to give 811 those people ever there a chance 2 have you speak in their minutes. Thank you. 2 to look at this. So that am several items there. r 3 M0. ENGEt9RECHT: You're in favor of the 3 And one we have had such a goad 4 development but not In favor of mouse holes? 4 experience with thla developer, especially over the last s MS. HALL: I think dot creates a lot of s half of the year, we've just been bruised by dealing 6 density. That's the density. That's 24-karat density. 6 with developers In that area. But this bunch has Dorn 7 MIL ENGELBRECHTc Any other questions for 7 so terrific. They've been so open with us, so friendly. 8 Mt Hall? Thank you very much. Appreciate it. 8 We haven't been insulted ono by them. So wv just 9 MR. RLSHEt.: 1 Would like to know de secret 9 really they've been s joy to deal with. 10 to have lived to be 86 and be that sharp, though. 10 And so I really don't have anything against 11 MR. ENGELBRECHT: first grade. I I the development, but we do have particular questions 12 MR. MCNEILL: if you keep raising your hand, 12 particularly concerning the site of the school because 13 she's going to give you permission to go to the 13 when we looked at this last time, the school was in a 14 restroum. 14 different location. Well, now the school has changed 15 MIt ENGEI.BRECHT: I do have sonic cards of IS locations and now we have new concerns to worry about 16 individuals who are Indicating opposition but do not 16 concerning traffic because that's a really bad location, 17 wish to speak and 1 will read those in it moment. But Is 17 If you could describe Westgate right now, it is a pig 18 there anyone else who would like to speak in opposition? IS trail and there's no line down the middle of the road. 19 Anyrxnc else present who would like to speak in 19 1 mean, it's a pig trail, So that's one thing that we j 20 opposition? In that case, I do have a card from Bocky 20 do owed to have another discussion with the neighborhood 21 and CmeP Wright, 2922 Barrow in opposition. 21 group and we what tvs:ommendations they have on this. 22 Continuation was granted based on developer mating with 22 So I'm asking for a continuance. 23 neighborhood meeting never happened We will get to 23 MIL ENGELBRECHT: COMMISSionCM any 24 that in a moment, but they did indicate that that's 24 questions for Ms. Darby? Yes, Mr. Rishel. 23 still to happen. 25 MR RISHEU Your first impression with the Page 98 Page 100 1 Mclanic Gearhart, 3317 Darby Lane in 1 new plan, what arc some of the you we sonic positives 2 opposition. Statement: 1 do not approve. And that 2 and regatives both. Obviously, you've mentioned some of 3 would appear to conclude those in opposition. Oh, I'm 3 the negatives. And you have mentioned it's been a good 4 sorry. Okay. Trine was they were for items 10 and 4 experience in working with the developer so if you could S 12, I'm" I missal that. We do have a request S give them both the positives and the negatives for a 6 to speak in opposition from Sherry Darby, 6 first impression, we'd appreciate it. 7 cats. DARBY: 5" Darby, 2208 Crestmeadow 7 Ms. DARav: The positives I like about the 8 Srrxi, and I'm also a member of the Westgate 8 plan are just the Innovative and the creative aspccti to 9 Neighborhood Assoclation. And primarily what I want to 9 it, the boulevard, the designs, the parks. 1 trim, we to say here Is that the neighborhood wvxiation did not 10 love it. It's so attractive visually. But the i I I have that meeting with MESA. Sr the first opportunity I I negatives to it, you're going to be sorry you asked me E 12 we had to view the changes to the plan are tonight, So 12 this, We're aware of the City's Growth Management Plan 13 people were calling us to ask us what wu going on, 13 and one of the things there that it does mention arc 14 what's happening with this. And in turn we were calling 14 just the average dersities it the City of Denton and 15 the Planning Department to say, you know, what has been 15 apparently It's supposed to be sf•Io. we have not secs 16 done. 16 sr Io's in our area in who knows when. Everybody wants 17 We have not saes any of these changes until 17 7's and below. So, please, why Is the western half of 18 tonight so that's one reason staff made a motion for a is Denton RE-7 heaven? And to that's my negative aspect of i 19 continuance and we would like a continuance on this. 19 the plan Is that we're socing the cookie-cutter layout 4 20 Just if nothing else to give the rest of the 20 like we arc seeing In cow parts of the area. But on J " 21 neighborhood a chance to look at thin. And the other 21 the whale, it's been a very positive experience after 22 part of that, too, is not only are we a neighborhood 22 we've been through, you know, a lot of this odw stuff 23 association that on this particular area, we have really 23 recently. It's just been wonderful to deal with them 24 been consulting with the residents mar there on 24 MA WHEL: Thank you, 25 Westgate and Darby. And we would really like the 25 MA wG'LBRECHT: Commissioners, any other PLANNING & ZONING SEPTEMBER 8, 1999 Page 97 • Page 100 121. tCondenselt"' Page 101 Page 103 1 questions? Ms. Darby, I'm sorry, l didn't mean to 1 I'm the first house on Westgate Drivs that rams 2 slight you. I'm glad you spoke up because we had that 2 Westgate. Prior to mine is Mr. Payee's property. 3 in the Item 12 pack. Thank you. Is there anyone else 3 MR ENOEt33RECAT: ComrnissioneM any 4 who would like to speak in opposition? Anyone else 4 questions? Thank you very much. Is there anyone S present to speak in opposition? Yes, ma'am, S present who would tike to speak in opposition? Anyone 6 MS. LEIS: Good evening. My name is Maria 6 else present to speak in opposition? In that case, the 7 Lewis but I go by Chalita Lewis. And this property that 7 developer or developer's representative, petitioner or e I live in now has been in my family for 34 years. My a petitiorer's representative has an opportunity for 9 father-in-law, M.D. Lewis, built it. And we also 9 rebuttal, to appreciate very much the neighborhood the way it is and 10 Ma. ARTEROVIN: Thank you, Commissioners. I 11 1 always look forward to the day when 1 wili have a I1 think the neighborhood has some valid points and 12 neighbor across the street from me with a lot the same 12 generally what I'm hearing is support with a few kind of 13 size as mine and maybe only 12 houses to that street 13 minor adjustments that might need to be made. Our 14 like it is. We walk every night and we really enjoy the 14 request would be that we would like to see a vote IS cows and everything. And I want to say, like everybody is tonight, if possible. I realize that this public 16 else, that the developers have been very good. 16 meting did not happen in the past two weeks. 17 But I would also like to say that there's a 17 Obviously, this Is not the end of this process. we have Ia lot of people coming from Dallas and Plano to Denton 18 a City Council meeting ahead of us three weeks out. 1 t9 because they want to buy a big house and a big lot. 19 will personally commit to another neighborhood mating 20 And, unfortunately, there Isn't many available. 20 before that occurs if there needs to be tweaking to this 21 Everything you see is the little sF-7's and SF-3's. So 21 plea 22 why not give the people what they want? W?1y not offer 22 1 think our Intention originally on th s 23 it to them? I think that it will sell if it was 23 Parcel It was to maintain the exact same screage that was 24 available and I'm very much for that. 24 in the previous PD from 14 years ago or whatever, But 2s As far as the school is concerncc. of 25 in that particular plan they had 16,000 square foot lots Page 102 Page 104 I course, I worked for the school district for 13 years 1 across the stmt from smaller lots and it didn't make 2 and now I work for t,t4'r, so I'm all for school, but 1 do 2 much sense to me from a marketing standpoint. So we 3 not think that it would be a good Idea to have it open 3 came up with this creative solution for the shared 4 on Westgate Drive. Like my neighbors mentioned, the 4 drivcAays that's in the back of your packet that looks s strcct is so narrow and it would really be a hazard. s like this. Tbcrc has been several conversations that 6 it's hard enough for us to get out of our neighborhood 6 I've had with some of these neighbors and they're not 7 to go to work. I can imagine what it would be like with 7 honestly terribly wild about this plan, gym though I do a 300 families added and trying to get out of the same. I have it across the street from %here f live currently. 9 The other thing I'd like to say is we're not 9 1 think that what they have said to me Is that they io prcparcd tonight, m you probably noticed, because we to would like at least the front two houses to fax 11 were not aware of it, They carne in with their very 11 Westgate and they do not want to we the garages facing 12 well-preparcd plan and 1 really admire the way dhcy all 12 Westgate. 13 get together and talk tonight. And we would have done 13 One thing that we could do potentially, and 14 Or some but, unfortunately, we were all sitting waiting 14 1 reatize this may not be the fonua for this, but wt I s for the call to know when we were going to meet to sec 15 would he willing to put a single tier of 16,000 square 16 the new plan, which it never happened. So I'd just like 16 foot lots along there and convert the back half to the 17 to say that many of the other neighbors probably would 17 7't, which would put less housing facing and putting 18 have liked to have been here, too. And i want to thank is traffic on Westgate. But 1 think the goal was to have a r 19 the developers for working with us and I'd like to ask 19 bigger buffer there of 16,000 square foot houses. h A 20 them to please continue to work with us so that we can 20 was in a conversation that we had with some of the 21 have something that we can be proud of in our 21 development partners, because they arc not using the 22 neighborhood. I would like to thank y'all, too. 22 business or selling 16,000 and largo left, there was 23 MR. ENOELBRFUtT: Thank you. Would you give 23 some conversation whereby they probably would not bring 24 us your address for the record? 14 that Parcel N in on a druailed plan in the near future 25 MS. LEAI& Yes, sir. 3101 Westgate Drive. 25 and possibly another developer could purchase that and PLANNING der ZONING SEPTEMBER 8, 1999 Page 101 -Page 104 122. Condeoseltt't Page 105 Page 107 3 develop that in 16,000 square foot lots or larger t plan which details a tot or the otter concerns tltat the 2 because I believe that is the largest zoning category 2 neighborhoods had earlier about commercial and masonry 3 that y'all have at the moment. 3 walls and everything, which I'd be glad to answer 4 So it has the flexibility though to go to 4 questions on. But I haven't heard too many negatives s half-acre or whatever someone else might want to do, 3 about this. This just kind or defines the PD. 6 although that's not what we're asking for. I want to 6 MA MELBAECHT. Commissioners'- Ms 7 be clear about that. I just want to make sure that, 7 Gotudie. I believe there are questions, e both for the neighborhoM and for ourselves, we're 6 fns. r)DIJADte: You can't get orf that easy. 9 asking for the 16,000 square foot zoning with a 9 Get back here. I do have one question for you. It's I o particular way that it gets dote. But we're open to 10 concerning the property that's adjotning the Smith's j I I cutting off the back half of that and putting it into I I residence which will be remaining, the 30 acres. I am 12 the 7,000 square foot acreage and just having Less, 12 concerned, even though most of us okay, I'm not going 13 basicall, 16 houses face Westgate instead of 32 13 to say that, because I didn't grow up here, But those 14 esscntia;ty. 14 or us who grew up here In Texas, we're used to the cows I S So I think we would be open to that. I 15 coming Into our yards and we're used to the - knowing 16 would appreciate it if you know, we've had a number 16 the cow was nearby. And I'm just curious that what 17 of two neighborhood meetings before we even started 37 we're really dealing with hero is Dental hm changed In 18 the zoning process and then there's obviously been a lot is the past fi., years and we're getting more people from 19 of things that have transpired. And we're certainly 19 outside or rexas coming In, moving in, and we're growing 20 willing to continue the conversation through the process 20 again. 21 but I feel like we've expended a lot of tune and energy 21 And it's wonderful that our economy has 22 trying to bring this to some level of compromise and, 22 changed but most or these people aren't familiar with 23 you know, would appreciate your vote for the positive, 23 cows. They're not familiar with what you do with cows. 24 so to speak, tonight if possible, 24 Is them going to be borders? How are we going to 25 r think this school site, l personally had 25 buffer the two ent ties from the city folk moving Into Page 106 Page 108 1 some concerns that locating it in the southwest corner I Umton7 2 might not be the hest scenario for the restdcns on 2 M0. AatEAnup- : lhere has born fore concern 3 Westgate. I lowcver, ilia If Where Dt6D requested that 3 by one of the other property owners besides Mr. Smith 4 the site be because of access to the neighborhoods to 4 particularly on that issue. I believe the lady that 5 the south Tee intention and we'm willing to face 3 lives right hen, And what we've proposed, which Is on 6 the school so that parents would pickup off or the 6 page 9, would be a wood fence with steel posts. I had 7 collector, Not to get into detail but what DISD 7 originally proposed last session that we have a wood 8 suggested was that we have parent pick-up off of a fence with wood posts, but I had forgotten that we had a 9 Westgate and bus pick-up off of the internal 9 conversation with that particular homeowner and they to neighborhood, So there's basically two ways that you 10 were concerned that wood poster would fall down in a few 1 I could get into the school fife and I'm store that could I1 year. And that particular property owner has Imlihorns 12 be addressed with the DISD later. 12 which can be dangerous, essentially, to kids. Sol 13 And it's not our intent to be proposing ■ 13 think there is a need for sonic barrier betwoutt 14 particular plan, but we had to look at what the reality 14 essentially the residents that back up. I don't know if 15 would be In order to kind of accommodate their site So IS Mr, Smith's cows are quite as dangerous as has but 16 that if a particular nqucst from Dist), from the board 16 ionghoms tend to be maybe a little bit mom 17 member that actually lives in the Westgate subdivision, 17 unpredictable. Is and from Todd, And, you know, we're willing to look at is So I would acknowledge the need for some ~ ' 19 other sins but 1 think that's what we heard from them. 19 barrier that tttxds to oecw there. My personal opinion 20 And our proposal to y'all Is that we actually dedicate 20 Is a wood fens with steel posts will last 23 yeah ; 1 S 21 that site to them. This Is not a sale of the property 21 because we've done them on other projects and I'm very 22 as long if we're able to, more or less, keep the rest of 22 familiar with this methodology. I don't know that that 23 our zoning In tact. So that's essentially the end of it 23 particular homeowner agrees with this, I'm nest putting 24 and IT lease it In your hands at this point. 24 words into their mouth. But that Is our proposal which 23 There is this document which gas with the 25 Is on page 9 of this, which would essentially buffer PLANNINO & ZONING SUMMER 8, 1999 Page 105 - Page 108 123- Oil i I i Y ` Coodenseltr" Page 109 Page 111 I this property here. I think the way we have it written 1 Ms, ows DtE Yes, It did. And one morn e 2 is here and here. We're certainly willing to extend it 2 question please. I'm just curious as to why, if there's 3 down the side, if that's the request of the Planning and 3 no consideration for sr-to. 4 Zoning Commission. Because 1 think you're going to end 4 MR. ARTERsvRNr Essentially, to answer that S up with wood fences then t,sentially anyway and our S question is the school site baause we feel that the 6 intention would be that they're not 100 different types 6 loss of lots in order to accommodate the increased j 7 of wood fence but one consistent detail. So that was 7 acreage up to 17 acres for that school site is a fairly I s kind of the idea behind developing this, which we can 6 significant financial impact to the development. It's I 9 Snc tune a little bit so that basically even if it's 9 essentially a half mullion dollars and it Is it donatiom to different builders, they're building the same fence 10 So you sort of have to balance what you think is the i I i system and it's not really an ugly situation for the 1 t best offer and will do the best good for the community 12 cows either. 12 and hopefully will win the most votes at the end of the 1) MR RWIEL: I think the steel post part is 13 day, not only from yourselves but from Council because 1 14 what we call on the Commission the Bob Powell 14 know they're very concerned about schools, as well. 15 stipulation of fencing, IS 6t3. GOURDIE: 7hank you. 16 MR. ENGELBREcnr: Ms. Clourdie, you have 16 MR. EN'GELIDUCK: mr. McNeill. 17 others? 17 MR. MCNEILL: what do you anticipate the is M9. WURD1E: 5'es, one more question, 18 length of time to do'clop this project? 19 please. Do you have builders that we ready to 19 MR. ARTERBURN: I think because of the 20 participate In this? 20 number of lots and what have you Cary, you can help 21 MR. ARt'ERRURN: I'll probably let the 2) me out hero probably a five to seven year scenario. 22 developer answer that question. Do you mean participitn 22 MA MCNEILL: So Isn't it a fact that m 23 in the entire development? 23 people move In, to address the questions they're raising 24 MS. WIJIRDtE: well, participating in you 24 about the cows, they know those cows an there , And so 25 just made it sound to me that you were going to 25 Mr, Smith's going to be prior to that so there's the Page 110 Page 112 I MR. ARTFRBURN: In the fence? I opportunity for the folks that move In to either live 2 MS GOURDIE: w'cll, in the whole 2 with the cows or Mr. Smith to move the cows off. Then development. It sounded like you were going to say tills 3 on the soenario of the road, I guess City staff would 4 sea was going to be Pulte Nomes, I just got the 4 have to answer this. s feeling you were going to kI different developers come s MR. ARTEnuity: on the Westgate Road? 6 in and take their parcels that they wanted. 6 MR MC'Nritt: vcs, the Westgate Road. That 7 MR. ARTFROURN: TypiCally, what would happen 7 will be Improved as the project conies to fruition, v'on't s in fact, A're prepared soon to bring a detailed plan s it? 9 forward is %;r would bring a detailed plan forward for 9 MR. ARTtithwLv: My understanding, and I may 10 all of the Singlc-Family with Its: exception of H and not to not be the expert on this. Is that typically the City i I the Multi-Family or the Commercial. And they would I I would require that the eastern half of Westgate would be 12 probably do a Phase I that would be this is turned 12 Improved with curb and gutter, et ub?a, by the 13 upside down the southern part of the property most I) developer. And I believe 1 understand, I may be wrong 14 likely down there up to here would be in the next few 14 about this, ths• the City is kind of preparing by 15 years, so to speak. And typically this particular IS collecting dollars to Improve the other half of the road 16 developer would sell to a number of different builders, 16 through the next few yews, So that road would be 17 possibly two or three with different types of products, 17 widened to, I bel;me, it was a typical 31-foot street. 1s different size houses, ci cetera, et cetera. Is MR. MCN'EILL And did the school district r t9 So I believe though they typically sell groups of lots 19 Indicate what timeframe they would gee about in putting A. , 20 to a builder like one particular part of the 20 In the school? t ! ,I neighborhood would be Weckky or another part of the 21 M0. ARTERBURN: Honestly, no. I Lrow they 2: neighborhood would be another builder and that type of 22 have a bond elation coming up shortly. I don't know 23 thing. So it might be more than one builder that 2) whether this school particularly would be In that bond 24 buffers those particular properties. Does that answer 24 election and, Todd, I bdicve he's here, might be able i 25 your question? 2S to answer that question. I mean, this is a fairly new j PLANNING} & ZONING SEPTEMBER 8, 1949 Page 109 • Page 111 f 124 s Condenseltss' Page 113 Page 1 Is I site for them, obviously. 1 we do have pocket parks in every one of those pods, 2 MR, MCNEILL: Right. 1 guess my point is t which I do think Is necessary for playgrounds and that 3 that that's not going to come in the same time that the 3 type of thing, which would be privately developed and 4 project starts. It will take some time for the school 4 privately maintained parks, because the City apparently S district S does not want anything under rive acres. You know, 6 MR ARTERBURN: obviously, it's a benefit to 6 speaking totally from, I guess, a selfish viewpoint, I 7 the community, but I think realistically you're probably 7 would have preferred to have kept the park in the center 8 talking about fen years or so before a school would be It or the thing and not had the school site, but you have 9 open, 9 to kind of balance out all of these things. 'Ihe net 10 MR. MCNEILL: so it would be some time 10 open apace, including the school, which you can kind of I I before that traffic really begins to impact the area. I I count u open space, essentially is 17 more acne down 12 Thank you. 12 on the earner, 13 MR. ARTERSURN: is that a realistic 13 1 think that there's a scenario thereby the 14 estimate? 14 developer could look at putting in some of those Is MR ENUELSRECHT: Are there other questions? 15 improvements or helping out with that park. However, 16 1 do have with regard to the issue of Westgate Drive, 16 you know, honestly, usually when you do a schoollpark 17 the southwestem corner is park dedication and then 17 thing like, this, the City and the ntso sort of likes to is there's the school which you'll be donating, is have control of that rather than having some developer 19 MR. ARTE:RBURN: North of that. 19 amenity in that particular thing. So most likely we 20 MR, ENGELBRECHT: Right. And you indicated 20 would have some amenities In some of these other pocket 21 that you probably wouldn't be developing th,,4 517-16's, 21 parks that are through the neighborhood. 22 if that's what they were zoned, in the immediate future 22 MR Fx on.BRECHr. All right. Any other 23 which means, in essence, Westgate Drive will not be 23 questions? Thank you, air, With that. I will close the 24 improved unless the City does it in the short run, 24 public hearing and where did staff W. Reichh ort. 25 MR. ARTERBU,RN: Hadn't thought about that. 25 You have heard residents requesting a continuance. You Page 114 Page 116 1 SIR rNGFLURECHT: Would that not be cormrt7 I had originally discussed a continuance. The developer 2 MR. AR', t.RUURV: Yes. We might be able to 2 is requesting that we not have one. 1 would like to 3 get a commilrr7 1 from the developer to put in that 7 know where you stand with regard to that Issue having 4 -Arcot, I'd have to talk with them, i undcrstsnd your 4 heard the information, F ,oncem, 1 hancclly 'adn't thought about that. s MR. REICHHART: We did request that this was ' 6 MR FN'GEII.UK iCHT: Vcah. I know. Right. 6 continued for another two wccl-s to address any of the 7 There's an awful lot of things here that haven't bar 7 outstanding issues. But if the Board Is ready to go 8 thought out it lot. I 'tar that question about the 8 ahead and make a decision, I do have conditions that I 9 school, as wcil, It arelms to me and that could be some 9 would like to see put on any approval if that's the way JO ti ro More that site was dcvclopcd. 10 we're going, Thcre are some outstanding Issues that I 1 I MR, AATFRBURV: ThiC School site? I I reed to be addressed with the plan that was presented 12 MR. ENGF.I BR1701T: Right. As your project 12 tonight. So 1 think I reed more direction to sce which 13 was proposed before, you had a park essentially In the o way you want me to go here, 14 center of your neighborhood of your project which, it 14 MR. ENGELBRECHT: Okay. Very good. 15 appeared to nw, would scree those reilBeats quite well. IS Ms. CR'3t7R m can he let us know what those 16 MR. ARTIRBURN'. t agree. 16 conditions would be so we can kind of weigh 17 MA, LNGLt814LCird As this change Is 17 MR. REICHHOT: within this development 18 proposed, it could be Some period of firm before that I s plan, the guldelines that were brought forward, on page 19 neighborhood would have that facility available fa them I9 4 regarding minimum yard setbacks for the zero lot A, 20 to use as a park. Secondly, it's In uue comer and It to lines, it says per ordinance, We don't have rero lot f l J 21 is not really as convenient particularly for the most 21 line tracts In our ordinance so we raed to establish 22 &.Mce sF-s'r, It is on the far end from that, if I'm 22 what that will be, We toed a specific number, I'm 23 correct. 23 assuming they meant as similar 10 an SF-7, so we would 24 MR. ARTEABL'RV: I think you're corms in 24 just have to put that number In there, 25 all those assumptions. And the SF 5's, to remind you 23 On the next page regarding the SF-5'91 they PI,ANNINO & ZONING SEPT12MBER 8, 1999 Page 113 • Page 116 125. c c Condenselt' Page 1 h 7 Page 119 I do commit to a 75 percent masonry but not in the SF-7,s, t discussion, please. Being that this Is going to be sent r 2 and I know typically that is one area that the Board is 2 back, and hero I go again, but I really truly believe 3 concerned with. So that's something that should be 3 you need to find some transitional srao's in there. 4 addressed, also. On page 7 regarding the SF•16 rotes, 4 And I respect you and i give you praise fat doing the $ other notes, the last sentence, garage doors should tot s school site because that was a wonderful thing for you 6 We Westgate Road. Should tot or sha!l not? 1 mean, 6 to do. I just feet that this neighborhood, to have all 7 which word do we want to use in there? The neighbors 7 the st •s's and then all the SF-7'% which is about, I have said day don't want to see the garage doors so s what, 104 acres and then 47 acres or so plus of SF-S's. 9 that word, a little knitpicky thing, should say "shall 9 And then to only have 15 acres of sF• 16-a, which I'm not 10 not." 10 going to debate the acre thing bocause I believe it's I I Again, then the fence detail would just have I I matched to zoning. So 1 personally do not see any 12 to be extended through surrounding the total Smith 12 problems with that, but I don't live in that 13 property. And then from our previous staff report, l 13 neighborhood, I feel matched zoning is a very fair and 14 would Just, without being able to really sit and go 14 equitable reaon I would like to see you put some 15 through that plan specifically, we had a condition that 15 SF-101in there. And 1 know that's just my own 16 the concept plan shall be revised to include the to personal opinion and I know that's something that you 17 following information and I listed three different 17 can weigh on yourself. I$ things that had to be on the plan. 1 would just say 1a I also want to comment that Mr. McNeifi's I s that the concept plan shall be revised to include the 19 comment about the cows, even though these people moving 20 minimum Information required on a concept plan. It's 20 in here wi!I know about the cows, it's our job as 2 t just minimum stuff, some of the adjacent neighbor I21 Commissio" to secure safety for the residents from 22 information that we'd like to see on there, a statement 22 fire, panic, and odxr dangers and that's what's cited 23 I'm not sure if there was a statement that the plan 23 in the law. And no matter, if you're given that 24 was in compliance with the Growth Management Plan. 24 opportunity o we it, that doesn't mean that seeing it 25 Minimal things. 25 makes you aware of it. And I just wanted to clarify Page 119 Page 120 1 MR FMALBRECHT: let me interrupt you just I that. That really herds o be more a visual thing but 2 a moment. bIs Apple, did you have a question or a 2 it's a legal thing that we, as Commissioners, have to 3 convo mt? 3 protect our constituents, the people In the City, 4 Ms. APPLE: Just a C=N nt. I just wanted 4 So I would just like to say those two things to say I would be teal uncomfortable making a decision ~ and I (hope that and I want to soy thank you far the ' 6 based on things as they are. I know we were just given 6 6F4s homes, the SF-J'S. I think that's a good size. 7 this Information tonight, You were just given this 7 And if you could do all those little things that Larry 8 information. Tree neighbors Arne not privy to any of 8 was saying, that would be appreciated. Tbank you. 9 this stuff. And I can tell just by what you're 9 MR %vu LVMs: t was planning to hold my 10 Fuggcsting that you would tike a little mnm time to sit 10 peace but since 1 was born on a dairy farm, I don't know I 1 down and look at it and read it and maybe fine tune some I I how you can keep a 2,000 pound bull from going anyplace 12 things and 1 certainly don't want to rush through this 12 where he wants to go. And 1 think we live In a I S and 1 don't think that two weeks Is a long time for good I3 capitalistic society. I don't like cows. That', the 14 will and taking tirne to really study it. 14 reason 1 left the dairy farm. And I wouldn't buy a 13 MR EN'GELBRrCHT: You have voiced my 15 house close to cows, if you don't hide the cows, I have 16 xmtimCnt quite well. 16 no probtcm with it because people can make cholocs and 17 MR. AISHLL: I totally agree. 11 will make decisions. But 1 can't make & decision on is MR. E1Grt.0W;rr: that being the case, would is what a person buys or don not buy based on whether r 19 there be a motion? 19 cattle are there. f A 20 MR. WI1.UAM.'.: So moved. 20 MR EN13MORECHT. W. Moreno. { ! ' 21 MR. R1slmi.: t ocond21 MR MORENO 1 have a question foe staff, 22 MR ENGEI.BRECIIT: So moved for A 22 think possibly Mr. Donaldson or Mr. Salmon, but I'm 27 continuation fa two wracks. Any discussion on k 23 particularly interested in the trip generation along 24 motion? 24 Westgate ]hive. 1s it possible to come up with a number 25 ass, GGURDin Actually I do have a little 25 based upon the proposal here on what the additional PLANNINO & ZONING SEPTEMBER 9, 1999 Page 117 • Page 120 126. t 4'oDdcoceltr'' Page 121 Page 123 1 trips would be along there given the SF-16, tho SP-S At I development and try to deliver the very best product 2 the northern end of the property and the school? 2 they possibly can. And 1 think that they have shown 3 MR. SALMON: well, as a general rule each 3 over many times that that's been their policy. We had 4 single-family home will generate approximately lem trips 4 talked about the last time, and it's not required by us S pcr day. Now, in this case, we have not received the s that you have a neighborhood meeting. I appreciate the 6 traffic Impact analysis yet and, frankly, although we 6 fact that we're going to have a link bit more time to 7 encourage people to have it turned in prior to their 7 do that. I know that you'd like to do that, a zoning, by ordinance, they're not required to tum it in 6 1 appreciate the work to try to get a school 9 until they submit a plat document. And en we haven't 9 site that will accommodate some of this. 1 don't know to som their traffic impact analysis yet, but it will 10 if 1 agree with where the placement of that site is or I I dcfunitely give us a number for Westgate Drive when we l l the location of that site and 1 hope that our school 12 bane it and that will definitely impact what 12 planning people like Mr. Patton will work with us to 13 improvements will be required when they do plat the 13 develop the very best plan we possibly can. I like the 14 property, 14 idea of it being closer to the center of your is MR MORENO: I we. So is it too early to is neighborhood because it would develop that whole 16 ask that question? 16 interior part of your community a lime bit differently 17 MR. SALMON: Yeah, 1 gix'sS that was the long 17 than what it would where it is now. 18 way of saying that. We don't have the information. Is So I hope that they'll look at that and try 19 It's too early to answer it 19 to be as flexible as possible in Improving your Whole 20 MR. MORENO: Okay. 20 site as a community and trying to work with that. So 21 MR. LNGELBRWRT: Well, I want to Jump in 21 thank you very much. 22 here a second on that one. 1 don't think it's too early 22 MR %%MLIAMS: Excuse one, Salty, could you 23 to ask to make it a part of this, because the 23 repeat what you had asked staff to do some research on 24 derelopox had supgcsted something about Westgate Drive. 24 for tlu neighborhood? 25 1 believe on the east side it's completed up to Windsor 25 MR. RLSHEL: I'd like to find out what the Page 122 Page 124 1 down through that new sub& ision area which abuts this. 1 density to going to be taking Into the new subdivision. 2 So could it not be made a condition of the PD that they 2 We're looking at the Smith tract, Westgate, Westgate 3 simply requested to do their half or the street In front 3 Hilts, and the proposed development that Is already 4 of the donated park site and school site? 4 zoned for that we're in the process that has boon 3 MR DONAI.DSON: We may want to come up with s approved already that we have been discussing on 6 it phasing schedule for improvements to Westgate that tie 6 num elous occasions that represents west of Bonnie P-me 7 into the perpendicular stroets that go, that sacs 7 and south of Windsor that's in the process of belTV 8 Westgate, for example. That may he one way to trigger 8 developed right now. 9 it or the numtxv of lots that will have access to 9 MR, REICHHART: lids area in here? 10 ',Ye4tgate10 MR RISHEL: Yes, sir, I1 MR. ENGE.I.BRECHT: Okay So there's some 1 I MR xE1C wt: tnclu& all or thi a7 12 interest there amt y'olt can work on that for next time. 12 MR, xISHEL• Yea, sir. 13 YO, Mr. itishd. IS MR REtcHHAxT.. And possibly that one, too? 14 MR. RISHELr staff, I hid a request from the 14 MR. KISHEL 1 would rather leave that out ! Is homeowner that they would like to find some sari of Is at this point in time lust to find out what our density 16 information on what the total density is going to be 15 Is on the land itself in those specific areas. 17 with this developnx'nt, Westgate, Westgate Hilts, and the 17 MR ENGELBRECHT: Any other Comments? I 19 development that we're looking at we have zoned for 18 have one otherrequ est of staff We're Talking about r 19 south of Windsor Drive if we were to develop from Bomale 19 5,000 square foot lots and 7,000 square foot lots. A 20 Brae. I guess that's the west part of that and south of 20 There's been a gnat deal of concern over in this area 0 _N 21 Windsor. 21 on that aren't really any SF5's but there am 2) 1 appreciate bit. Arterbun'r efforts to try 22 SP-1'a, about the issue of people complain a great deal 23 to accommodate the neighbors, our community, our staff. 23 about motor homes and boats and trailers and all rata 24 1 know that whnl they have dome and what they continue 24 of things parked in the streets because these lots are 25 to do in our community is to be f aLhyt in their 25 relatively narrow and these isn't a gnat deal of spar, PLANNING dc'LONING SEPTEMBER 8, 1999 Page 121 • Page 124 127. Coodensch"' Page 123 Page 127 1 If this Is done according to the new land use plan, for I the d half of the process, which completes the 2 example, they would be even lesser driveway space in the 2 zone detailed plan wMcK as the name impl' 3 front of the home. 3 is a m iled plan or design for I certain scats 4 So how arc these residents, once they're In 4 of that si S there, how are they to manage ail of that so that they S Plan elopment 41 as it vas ' 6 don't have that problem of oversimd fishing boats In 6 created covered 's land. Here's Loop 2 d 7 the stints and oversimd motor homes in the streets, d 7 here's 1+lcKinney. shado l arras hav been 6 celer-O And I'm not asking for that tonight. I would 8 zarW out or PD41 a property that looking 9 like for you to bring that back at the next matting 9 at is right here, which h desi y the 10 because I think it plays in directly to their conoems 10 concept plan of troy to 7 it district. I 1 and to what they've exprrience in this area over time. 11 And this site is, of course, s me a gas 12 Any other questions? In that case, we have 12 station and convenience store. that, l will `ow 13 a motion and I believe we're ready to vote if we can get 13 you the detailed plan itself. store. Here 14 the - vote, please. 71c motion carries unanbnously. 14 is the area where the gas ted. 15 All right. We wil l bring it back in two weeks then. 15 One thing that plicant to make 16 MR. ARTERBUM: thank you very much for your 16 sure rat you seccSS to the Right 17 rein ^rnts. We will mat with the neighborhood and we'll 17 now, the appli posing a right t only is get all the details cleaned up for the next time. IB access to the si ost et the be the d out 19 SIR. I NGLLBRECHT: Thank you, And, 19 access will ver hero at Ma'r ey. ver, TxDC T 20 Commissioners, Ice's take ten minutes, 20 has plans f p 288. In the future they'll 21 21 widening 289 and doing some rnodificat Nmoft- 22 R. L1'GF.t.BREC 22 And of tme this right in only will become t 23 23 In, rig So in the future this detailed plan 1 24 Commissioners, +ublic 24 being hued with tf Idea that in the future the 25 hearing to mending ep 25 will be more access from that side depending on w Page 126 P 128 I Counci ding a detailed plan for 1.0214 acres of I Tx roves loop 288. 2 the Plain w.1oprmnt 41 zone district. The 1.0' 2 at is about it. 1 have a few no 3 acre propc located at the southeast earner o 3 from a urou roperty owners. 1 fou to favor 4 288 and La. 'inrscy. The proposal is to pa" 4 and one neutra . ll pass these arou it S station and eon ce store, At this tim pen S happy to answer ions. 6 the public hearing Gray will provi 11th the 6 NIA. ENGELCR Co rs? 7 513rf report 7 SIR MORENO: Y far from the - 8 SIR GRAY 1hi sire at I r of 8 intersection of Loop 288 Kinney Ig your right band 9 L.a+p 288 and McKinney a that has some 9 in only? to dcvetoriw^nr Thcrc is so k al over here and 10 SIR GRAY: Mr.. that I t ovcr here. I think thereis s store directly if question. 12 across the strvt4 here, On t of the 12 MA. SA And I Just hav ook at the 13 intersection, there is so rcla TlCrdlly, IS dimensions I on the drawing. 14 much of the nrva is c undevcl Lct roe put 14 M ,0, That's what I w g to do IS w me pictures up righ The northw lersection IS without ck, 16 of L.onp 288 and M y. And this is 1 c as son 16 - At.MON: R looks like it's She 17 from the nonh si icKinrlcy. This is as 17 well, Toy is : %0, about 170 fed hm that 1u serer across Loo and this Is s pict re ;cote om 18 side driveway Is as far to the south lu r 19 the site across dcrstrtion to the northwest iii 19 po, gut it and will have It on the property. 20 or the inter As you can see, there really 1 20 it, bably in Ow neighborhood of 150 feet. ! ! 21 that much at this point to give you. 21 MR MoRENO: is that okay with TxDOT7 22 to ovcr the Planned M-Wopmrtt. A 22 MIL SALMON: Vas 13 Marine cloptncnt, of course, is a two-step process, 23 MR ENGELBRECHT: Are there other question 24 The It. ep is the comvpt plan which lays out the 24 iced that, Mr. Gray, one of the rocomulendations 2S g_ asics or rough uses for a given gilt, And then 23 from the staff is the standard lighting etatenknt. And 1 PLAN 0 & 7.ONiNO SHPTEMBCR 9, i )49 Page 125 • Page 1128 128. t ~ c I t I Planning and Zoning Commission Miruies Augusl 25, 1999 Page 3 of 4 Motion by Perry McNeill and seconded by Salty Rishel to recommend approval to City Council 'Discussion of item Is Included In Court Reporter's transcript attached to this set of minutes (Pa -4e 115). Motions Mss 5-0 j 9. Hold a public hearing and consider making a recommendation to the City Council concerning the Development Plan for Planned Development 20 (PD-20). The Development Plan Is the second stage of zoning of a Planned Development (a Concept Plan has been approved). The 136,385 acre property Is located on the south side of Interstate 35 Cast, directly west of Brighton Road, and north of the Denton State School. The Planned Development currently contains the following land uses: Light-Industrial, General Retail, Office, Multi-Family, and Single-Family. (Z-99-059, PD-20. Kathryn Nilssenffhomas B. Gray) Motion by Salty Ri3hel and seconded by Perry McNeill to recommend approval to City Council. 'Discussion of item Is included In Court Reporter's transcript attached to this set of minutes (Page 121). Motion carries 5.0 10. Hold a public hearing and consider making a recommendation to City Council regarding the rezoning of a 0.58 acre site from the Planned Development 72 (PO-72) zoning district to a One-Family Dwelling (SF-7) zoning district. The property Is located at the northeast corner of Bell Avenue and Windsor Drive. The proposal is to allow for the development of single-family housing (Z-99-060, Cooper Lending, Thomas B. Gray) Motion by Salty Rishel and seconded by Perry McNeill to recommend approval to City Council. 'Discussion of item Is included In Court Recortar's transcript Itached to of minutes J , I 11. Hold a public hearing and consider making a recommendation to City Council regarding amending the concept plan for a Planned Development (PD-11 15) encompassing 230.28 acres The property is generally located north of Windsor Road between Bonnie Brae and Westgate. The concept plan proposal is for mixed-use development Including single-family and multi-family residential, and commercial use, (Z-99.081, Smith TracUPD-115, Larry Relchharl) Motion by Elizabeth Gourdie and seconded by Salty Rishe to continue, "Discussion of item Is Included In Coun 1eporter's transcript attached to this set of minutes (Page 141). Motion carries 5-0 concerning the rezoning of 23.0 acres from an Agricultural (A) zoning district to a Single- family 7 (SF-7) zoning district. The property is located on the south side of Ryan Road ! r approximately 1,320 feel west of Teasley Lane (F.M. 2161) and immediately west of the Hickory Creak Heights scbdivlston, The proposal Is to develop a single-family subdivision with a minimum lot size of 7,000 square feet. (2-99-062, Briscoe Clark Co., Ltd., Wayne Reed) 129. , 1 t 1 ~ f Condenselt" Page 141 Page 143 I the tioncr Is not avaituhlc, as you say, is there I surrounding residential properties or to shine and 2 any would like to speak in favor eto 2 project upward to prevent the diffuslon Into the night pctititm$ pr ire to speak In fas 3 sky. 4 petition'! 4 I'd also like to make a statement on this, S In that cave, anyrne p S if we go forward and you rocorrutsend approval of this present to 6 plan Is that the approval Is basically on the concept 6 speak in opposition tot cm7 yore 7 speak in opposition? Sod -Loon, rebuttal Is T lend use plans and that the road network the width of e waived. The public hearin Stall a the roads or-way mnf jurations is not being approved 9 neommndcd approval. 9 tonight. 'iliac Is as Orr go fuM1her into detailed plants o MR. Also tut,: t o rto royal of 10 that identify the exact widths of roods. We have been I I Z-99.060, I I in conversations with the applicant and there arc still 12 MR. MCN Second. 12 issues that nocd to be wrnkcd out. We don't have a I) MR. P:N( oRI;C1r'r: m's hen moved on 1) probletr with the land uses So we are not approving the 14 14 exact road layout and that would come In further is cam 15 dclailed plans 16 We move onto Agenda item I I this evening, 16 1 believe the applicant handed out some 17 hold it public hce•ing and consider making a 17 dksign guidelines that they're proposing. I'm assuming I8 recommendation to City Council regarding amending the 18 that each nembser did get a copy of that. 71are were 19 concept plan for a Planned Nictopmerst I 15 encompaming 19 some minor revisions that w:'d like to have added to 20 230 29 acres. no property is generally located north 20 that. On the rust page under sVai infrastructure, it 21 of Windsor Road bctwan Donnie Drae and Westgate The 21 says the strati plan for the Smith tract Ineoporatcs an 22 concept plan proposal is for mixed-use development 22 castAvest arterial across the northern part of the site, 2) Including single-family and multi-family reddential and 23 Thal is really an eaWwexl arterial I think they had 24 cummcrdal u5c At this time I'll open the public 24 cottmior Ideniifed, 25 hearing and Mr. Rcichha l will provide us with the staff 23 MR. mUCIA: tell the whose was that, Larry? Page 142 Page 144 1 rvp frt. I MR, A1101HART: it was on the Planned 2 MR Rrwiiiia r: A Planned ikvcloptnenl 115 2 rxvriapmcnt district, this handout that I believe 3 heated northeast uetion of the City, loop 288 and 3 everybody got, and It's under street Itirrostmouric 4 Bonnie nrx lle original Pr> I15 was approved cm May 4 that should he arterial. And then near the bottom 5 20, 1996. The proposed plan is In a modcrutc activity 5 there's something that says level throe otki that's 6 center area and a lowdntcnsity area, 6 regarding the e, vcloper has committed to an 80-foot 7 We do have ten ncpcnscs and ihosc are T right-of-way for a noriht/south resdential collator said 8 i&niiricd by the highlighted colors on here, The 8 it goes an to say with certain pavement widths, We'd 9 orange areoi am in opposition, Right now I calculate 9 tike tojusl have a period ancrcollectof andelimdnate to it at about 16 percent oppcnitiom What I have read and to the Post of that sentetwe and we can deal with the I I in talking with the neighbors along Westgate, they would I I widths of the roads during platting and detailed plan 12 like to sc the proposed development be ore-acre lots 12 And Iltose were the changes that we'd 13 acmes from Westgate, 16,000 sgwtre foot lots, all the 13 recommend to that This would be then Incorporated as 14 garage d:tors racing Wesigaic. 14 pan of the ordinance. As we go further with this, IS llere arc a few details that need to he 15 these development rtrulations would become basically the 16 worked out nn the concept plan lie densities per arc 16 ordinance regarding setbacks and densities and building 17 for the re4ickntial portions of the plan just rid to be 17 heights And any or the architectural elements 18 ioknti I'ied nn the plan and that we have to expand the 18 associated with the plan would hcconc parr of the / 19 sup a Bole bit to cinch store of the adjacent existing 19 Ordinance. A 20 condit fns. Sono of the cxlsting sick strets and 20 On the screen now is a copy of the bent on I 1 2I re%idenliul I,% vnics teed to he added to the plan. 21 Mobility Plan One of the elcmenis of this plan is this 22 Also ^aff would recommend that the 22 easVwest "Aal that we wore talking about. 23 condition he put on this that the non-residential 2) Currently, it slops right about al the mlct mall, joist 24 lighting on The property shall he designed and N at the back property. 71hen it's vacant until you get w 2i maintained stn as not to shire on or aherwise divttub 23 Alcollate. Weslgare dead-ends nisi plan and the PLANNING tS ZONINO AUGUST 25, 1999 Page 141 • Page 144 130. 1 Condcnschr" Page 145 Page 147 1 developer has agreed that they would provide that I shared driveways. 2 castlwcst cooroctioo and not connect the rcsickrollal 2 Ms. Gauiioir: what's f rc width of Westgate, ' 3 portion or W'colatc into that and that was a request of 3 the road? 4 the neighbors. I should mention, back up a little bit, 4 MR. REICRIIAAT Right now I didn't 5 we hae'c had two neighborhood mectings Even prl.,e to 3 measure but right now I mean, here's a picture of 6 any application, the dcvclopcx came to the City and we 6 Westgate as it currently exists As you can see a, we 7 helped them sri up a couple of neighborhood meetings and 7 gel closer into where the development is, it's really IiJ I that was one of the comments that came out of that. a not a defined roadway and I believe the standard, the 9 lhetu would be Internal connections from Westgate Into 9 minimum standard that they'd have to build would be a to the subdivision but no direct connection to that 10 3I-foot road. Maybe Nvid Salmon could address that. I I cast/west ",slat that we mentioned I I We talked about it a little hit earlier today, 12 With ihut with the conditions I outlined 12 MR. $AtMOM 'the north/south section of 13 before, staff It, recommending approval of this. It is 13 Wesigatc Drive, as you may recall, has been disconnoctecl 14 in compliance with the 1989 Mnlon 0.w'OMment Plan, the 14 rrom the part of Wcstgaie that goes up by the outlet 15 1998 rkntom Plan Policies and Growth Management Plan, 15 mall and that's a permanent disconnection. So Westgate 16 and with the clraft Comprehensive Plan. We also feel, 16 Drive Is never going to extend any further north. So 17 along with the added design controls associated with a 17 basically what it's become is a local street, not a 18 Planned rX%c'opmcnt, we arc recommending approval with 16 collator or an arterial So the number of drive 19 those conditions. 19 approaches, at least rrom a staff standpoint, Is era 21) MR is(wivu clrn Questions for Mr. 20 really an issue because it's a local street. We're not 21 Rcichhart? Ms. Courdie. 2 t going to be concerned with how close they arc or how 22 Ms aot Rr)1F, I realize you spoke of pay no 22 many there arc. 23 had to the roads, hot I'm inicresled in this Westgate 23 The scenarios that they're showing would 24 chive in their plan here. Ike you have copy of this one, 24 provide fewsr drivv approaches than a standard 25 the pink down on the bottoms On their plan they have 2$ single-family subdivision. So from a staff perspective Page 146 Page 148 1 all these I'm not sure if this Is supposed to he an I in terms of driveways, I think this Is a bc(lcr scenario 2 alleyway off the road. 2 than if you just had houses Itne1 up along the stmcL 3 MR RI II'1I11ART: If you'll look on tile, 1 3 MS.tMKI)IE: Iiow does off-street parking 4 think it's tl>c last page or the second to the last page 4 work in a situation such as the one they're proposing 5 associated with the development districts, and i can let 5 where you've got rout lots on one drlve7 SIMY rout 6 the applicant address this better than 1, they have 6 times the amount of people are on a smaller part of the 7 proposed two differcmt layouts for 1111c SF•16lots and 7 road which means more people are not using their 6 basically this would he the existing Weelgaie and/or 9 driveways If they've got company over you've got 9 right here. We could have one shared access and then 9 I'm just curious. I've never seer anything like this m t1x driveways will have like an Internal cluster or you la herore so could you help rte. I I could have one driveway back to the back two lots and I I MR SALMON, You have to remember that each 12 den standard drivewey configurations for the other two 12 one you're showing a pod of four lots and each td is 13 lots out front. 13 16,000 square feel or larger. So, number one, each lot 14 NIS. WURDIt?: R'flat's 0V intensity of the 14 is very large. Number two, you've got the frontage of 18 traffic on Westgate? I'm just curious to have one, two, 1 $ two Single-Family 16 lots adjeamt to Westgate so each I 16 three, four, 12 curb cuts to get into people's 16 irk or those pods has and canal me if I'm wrong I7 drier"ays. Is that not excessive for a big road? 17 probably about 200, ctose to 200 fat of frontage on 16 MR. Rr 1WI tl [ART: No, I don't believe It is. 19 Westgate [hive which Is over that times the amount you I 19 If these were SF-7 lots you would have many mom curb 19 would have on a normal. r A V cuts than that. We can let David Salmon address that a 20 Ms.OMROIE even though it's really a 21 little bit more but we didn't think that for what will 21 narrow road so this Isn't going to cause any conflict 22 be prorosed during the platting phases for road 22 with people coming In and out and backing their care out 23 improvements that that would be as a matter of fact, 2) and pulling their can in? 24 the way they're proposing this was 9F'•16, they're 24 MR. SALMON, A 21-foot street would be the 25 reducing the number of curb cuts. They're proposing 25 standard width of a residential street, any residential PLANNING & ZONING AUGUST 25, 1999 Page 145 • Page 148 131, ` t r I i II` f Condcnsoll' Page 149 Page 151 I street, It's not going to be any narrows than any 1 as a watier of fact, l faxed a legal mice today. You 2 other s1mvi in town I mean 31 feet it what would be 2 do have a copy of that in with the other notices. So we 3 required. 3 did what was required with the information we have 4 • is. com Rntf: what's the width of, let's 4 available. 5 say, what's Oak Stmt's width in the historic district 5 MR. FNGF.LJRFCIIT: And as I understand it, by 6 betwotm oak and Fry Street? 6 law -Am must use the tax roll date as of October. 7 MR. SALMOS I believe Ask Stmt Is 7 MR. RFTCIIIIART: Correct. a smncwlere In Vic teigl,borMxd of 36 feet wide but it 6 MR. F.NOUBUCI IT; okay. So we are on sound 9 incl"-s parking on both sldcs one side and 0tctt 9 footing. to there's two thru-trafftc law; 10 MR. RFICIIIIART: our hands are tied a little I I ms oOCRntF•: thank you, I I bit on what 12 kilt. I S41I0RIciir: otty questions? Mr. 12 MR. FNor:LnRECl2T: Right. legally, we've 13 McNeill 13 done what we reed to do but, as I understand, when you 14 MR. Memo L: Just I con nic"t. If 1 14 mail the courtesy notices, you label them occupant. Do 15 understand the drawing, the pods that they're showing on 15 you mail within the 200 foot, as well? 16 this handout they've given, that's 125 feel from one end 16 MR. RHO 11 IART: Yes. We double upon that 17 of it to the other so that's plenty of parking for the 17 because the thought Is that some of those could be la four houses. I'.ach side, that's 250 feet of linear feet is rental properties and not the owner. 19 there that cars can park, 19 MR. ENGF.LORFCIIT: So hopefully wo try to 21) MR, Rl IC'IIIIARr, Correct. Asa matter of 20 catch that. 21 fact, they have Ile dimension at 150 feet. 21 MR. RFIC'.liIIART: And then with the signs that 22 stn Stan it 1: is that what it is? Okay. 1 22 are posted on the property, too, we try to get 23 just utid their -wale here on a piece of palter and so 23 additional ratification. 24 Here's plenty of room for orr-stnM parking, If their 24 MR. ENCIURFCIIT: Okay, Commissioners, arc 25 drawing Is correct 25 Here additional questions at this time? All right. _ Page 150 mg FAGrLUR1 t fir, aher questions for Mr I Thank you, Mr. Reichhart Is petitioner or petitioner's 2 Rvichhart? I would like In interject one at this point, 2 representative prcscnt? if you would please give m J You'd mctilioned notifications earlier and what you'd 3 your name and business address for the record. 4 nryiocd An individual approached rte, I believe you've 4 MR. AN 1`2 AWICV: My name Is Tary Arlerbum, 3 gollem a Ictler from them. Indicating they did not 3 business aokhmi 3100 McKinnon Street, Dallas, Texas. E 6 receive they live within the 200-food is= .-j did 6 Ladies and gcrotlemsn, we'd like to bring forth not an 7 nab n~civ¢ a lcucr of mdificulinn they had 7 uteomplex case before you tonight btteusc It has an a purcha•s•d the house, their home In March. I wonder if a existing PD In place on the property which warrants an 9 you would atidrcss what our legal requirements arc and 9 explanation, ` to how it is that they didn't get one. l0 We have had, as Larry mentioned, two I I MR RI WI II IAR r s'ert ainly. We uqc the tax I I meelings with the neighborhood to try to gather some of 12 information that we have available to us. that 12 their comments and try to Incorporate those prior Io 13 Information is updated ones a year and I believe that is 13 coming to you and the Council. I heist met with many of 14 in Iktohcr when it's rmalired unti when We approval by 14 the staff members and Informally with sortie of the I5 IN: Pity Counell. So any,hing prior to that, It's going 15 Councilmen to gd their Input, is well. And that 16 lot he from October of last year, basically is what we're 16 precipitated this document which was not originally 17 mailing out, We use dwt inroa•mation. And, in this 17 given to staff, but was actually ghee to staff this IN case, it had a different owner's nano It was mailed to is week because there was it number of notations that noodtd r 19 nl+at proltcny and they pn,hahty had a change or address 19 to Ix- made that had been requested by both the residt;ms A r., 20 which caught it arid gent it on forwarded to his existing 2U and some of the various public officials around town. r 21 house 21 So %v've incorporated that as pat or this application 22 No there are circumn ,ccs when property 22 tonight and I'll be glad logo over this with you in 23 owners, properties change owrership that there is a 23 more detail, at team the cognitam polnts 24 pogsibdoy that they don't get notified. In this case, 24 I'II try to be as brief as possible and then ZJ the property in question togct the courtesy notice 25 open It up to questions after the public hearing. The PLANNING & ZONING AUGUST 25, 1999 132 Page 149 • Page 132 J II Condenscii i Page 153 Page 135 I existing PD, which Larry explained 2 these , was 1 guess one of 1 the formal request Is, We are requesting en expansion t famous 1980 pDS that has been discussed so much : of the sr.7 am. We've essentially kept the SF-16 am J 3 recently, Howcwor, we have not tried to tasically say I to the west in tael and I'll explain the layout of that, 4 to the neighborhood or to the City that this is what 4 which Is a little bit creative, I will give you in a s we're going to do. We j ust use it as a frame of 3 little bit, We haslcally have reduced the commercial 6 reference, There was approximately 70 acres of 6 from 85 seres to 27 series. Is It 7 commercial in these two upper parcels that y possible! could Set ou see, 7 another five minutes? 8 Well, eotually including the office, close to 85 acres 8 MA. ENGELBAECIlt That's fine, 9 In all the red. 9 MR. ARTEABLAM okay, From 85 to about 27 10 Then there are two multi-family parcels, 10 acres up here In the corner, whlch from a land uw I I The one on this side is MFR which was basically fen, I I standpoint 1 think makes sense because It's closest to 12 around ten units to the acre, There were 200 lots, 260 12 77 and 288. Tficre Is a mu!ri-family portion on our 13 units available on 21 acres there, maybe I 1 units to the 13 nqucst which Is Icrt in tact here. 14 acre, And Aen a more tradition MF•1 in this dark brown 14 In our early meetings with the neigh"ood, is which is something in the range of 18 to 20 units per I5 they suggested moving those multi-family paKions which 16 acre in this sort of standard MF-1 category in Denton. 16 were In the middle to the north of the arterial closer 17 And there were. !00 lots In that particular zoning on 17 to the commcoulel. And so we do have an ME.I of 12 18 11.3 acres. 18 acres which Ise roxtmatcl 19 Then down the left side of the west property 19 acrepD y, you know, I8 units to the 20 line there were 19 acres of SF•16 which 1 suppose served m And 21 as a buffer or something to be complimentary to the 21 had originally t e the Parcel C, which our was rx category t22 Westgate neighborhood. Parcel F WO SP-10 of 23 acres. 22 rim the previous Po up to that comerr which would have 23 Parcel H in de middle here was 23 acres with what was 23 " of all multi-family north of the collector or the 24 lensed zero lot line, which when we calculated It is 24 arterial. In corwrmlions with the neighborhood, you 23 approximatcfy 5,000 square fool lots. And then this 25 know, we Liked them if they would pourer to have sF 3 Page 154 Page 136 1 parcel down here was sr-7 which wam 39 acres. "at just I lots which Is a zero lot line product versus 2 kind of gives you a frame or nrenmee from the past 2 mull]-family and in the last conversation we had with 3 this map that you can just use for mfcnnec 3 them, they 4 shows the sinxl layout that we've proposed in ad*vney 4 hate ex expanded the zero lot Iine by that hparcel. Theme s to all dime land umn. I'll quickly go through the s other No parcels, when you odd them together, equal 6 surrounding land umcs 6 what was in t1e previous I'D. so there is this sort of 7 A Po to the west, south of the Westgate 7 diagonal band of three different ncighborhroods of zero 8 suhdit isicm, The Wt%1gule suhdivisirm which Is sr 16 8 lot fine type product, 9 Toning but it's an actual combination of one-acre lots 9 From a park standpoint, we have actually a if) thul fared Weslgale and Own, I believe, half-acre and 11 dlroc quarter acre lots an Ile mlntn that's Immediately y I I little bit greater than five acres re the 12 behind thus. Subdivision Ordinance and we're providing, I believe, a 13 12 total of a little over 12 four, scvm, and two Th mall to the northwest with Westgate 13 essentially, so that's about 13 acres of total park 14 Nve nu! improved for about 700 far. A little bit of 14 space, Not all of that would be necessarily dedicated 1! agricultural and light Industrial which I hrlicvc is is to the City but would be part of it would be 16 owned by the IIt Ilwood Company up at Loop 288 and is, you 16 Horr>cowncr's Association land. 17 know, that nlienlly inlcrods commercial of solte 17 'Ale tried to do a 18 dcwriplton. Thcro's a residual piece from the previous is here and there's it lot of fsort l of detail Inathis. I'll r 19 Pr) up to thin cortr which is not owned by the current t9 just try to go through it quickly. The SF-16 lots that A r 20 undowncr and is not incorporalod In our Pb re%lucst. J,, are to the west, our intention there was to try to come I \ 21 And th n you hive various land uses to the cast which p with leaving that entire acreage that was there 22 arc primarily agriculture et this time. North Lake Park efore but try 10 have all the housing actually face or 23 to t1e rt)utheusl, ngage the Westgate subdivision. So it's kind of an 24 To summariti air request from a land uu xtension of their subdivision. 25 mtandp6ni, Brim particular diagram is csscnflally what The previous land plan actually had smi; PLANNING & ZONING AUGUST 23, 1999 Page 133 • Page 136 1:s3~ t Condenselttw Page 157 Page 159 1 lots facing smaller lots which 1 thought was stet of an t get k 2 awkward marketing situation and It seemed to me that the 2 MR. ARTI:RBU'RN: Well, I have quite a few but 3 buffer Of this SF t6 Would be more boic[Icial to that 3 with the time I've tried to limit it. 4 neighho rlicW and you could market off of the Wcogate 4 MR. ENGI'UBRFCHT: I realize that and this Is S Road. S it large PD. commissloners, do you want to hear a little 6 So in order to do that we actually have sort 6 :non: at this time from the petitioner? 7 of a Stacked tier of lots. And we came up with that 7 MS. COW RDIB: Actually, for my say, I think 8 particular diagram that Lany was showing you actually 8 it would be nice to hear from the neighbors and then he 9 haW on a situation with exactly the same sire lob In 9 can come back In rebuttal as to what their specifically l0 a neighborhood that I live in So it actually has been to concerned about. I I done and it's fairly suemitful with relatively large I I MR. ARTERBURN We'll do that. Thank you 12 houses. 12 very much for year time and 1 can leave these up here let 13 And the concept here in either of these 13 case the neighborhood needs to refer to any of this. 14 ewes 14 that these lots which are quite IwW give you 14 MR. ENGEI.BRECHT: Mr. Moreno wonted to make IS quiw a large building pad. And In the case where the IS a comment first, Ms. (lourdie. 16 houses would face each other inside Westgate, the 16 MR, MORENO: At the risk of asking the 17 TicighM+rhoods, we're asking that the garages not be 17 petitioner to spend too much time at the lectern, I do 18 visible if pmsihlc from the stmt. And so that would IS have a couple of questions, if I may, Ms. Gourdle. As I 19 he khal scenario. 19 understand your proposal tonight, Parccl or Tract C 10 1lowcvtr, the neighborhood also wants 20 would now he sF-7; Is that e4mt? 21 pmsibly the front hours facing the strect so I'm kind 21 MR. ARTERBURN: Correct. Actually, on this 22 of giving nptions thcrc. The 35-root Not yard would 22 illustrious plan it was proposed at tither MF'a or sF-s 2) he actually sort or alox+g the internal property line and 2) and We've revt.v d that on this submittal to be SPd. 24 there would t+c an I8-foot shared dri%cway and thenn guest 24 That was in the earlier conversation %v Were having with I 2$ parking Would be along Westgate. What do I reed to do 2$ the neighborhood. - - Page 158 Page 160 I at this point? I MR. MORENO: In the backup given to us by 2 MR. EN(H L11Mc111, You've gat a minute 1cR, 2 staff, Multi-Family I remains unchanged at 200 units? 3 MR. ARTLRBCRN: A minute? Okay. Could we 3 MR. ARTLRDURN: Correct. 4 go into this with further questions later? I want to 4 MR. MORENO, Multi-Family R has barn 4 talk sh(+ul the park system In gencrat. We moved the S eliminated so dry said zero to 260, It's actually zero ' 6 large park that was In the c(mwr of the project to the 6 in their backup! 7 tenter of the project here to really benefit the 7 MR. AKTERDURN: Right. 8 neighhurh(xxi and it really benefit the Westgate 8 MR. MonNO: Single-Family 116 remains 9 neighbors, ss well, We have a 8O-foot right-of-way for 9 relatively unchanged. Single-Family 110 has gore to 10 this rcsidcntial collector. We are not hacking houses to zero; is that correct? I I to it which is kind of it slaodard in IXnlon. We arc I I MR. ARTERDURN: Comrot. 12 facing houses to it with alleys that back to that, 12 MR. MoRF.No: single-Family 7 has increased 1) pursuonl to (me of Ihtve Salmon's commenN. And the Wes 13 from 159 to 324. 14 &,rc is really to havc a very grunt stmt with 20-fool 14 MR. ARTERBURN: 1 believe thr.S'a correct. 15 greenhel Is on either sick of it so that p"Ic can ; q5 MR. MORENO: And SF-1 has increased by how 16 really walk to the park, ;6 much? I'm unclear. 17 And then in ilk: three Sr ) neighborhoods 17 MR. ARTERDURN: The total number of Sob lR we've added fmckct park4 that are sort of between a is that's been increased Is, l believe it's 113. 1 believe r 19 half-acre and an acre ba4ed on smile commentary and some 19 it's gone up, It's Increased by 113. r A C 10 expcricnoc that I had, you know, with the City Council 20 MR. MORE:NO. 1137 fm looking st the number { / \ 21 and havc added stmt trues as a requirement in those 21 of lots, 22 three rwigliborh(xxi4 So we're trying to make those a4 22 MR. ARTERBURN: Basically, it's 110 lots 2) arniahte m pagsihle And I will sit down at this point. 23 haw been added in this particular thing. The total 24 MR eNGrr nRFcrrr Did you have some other 24 SF-5 number of lots Is I'm sorry. 249 12$ comments you wanted to make'l I want to make sure you 25 MR. MORGNO 249 Is the new number for SF-S. PLANNING & ZONING AUGUST 25, 1999 Page 137 • Page 160 134 f i I t~ I III Condensclt' Page 161 Page 163 1 And we've decreagod the conmcrcial and office by 56 1 has gone into this. s 2 acres? 2 MR. E'NGELBRFCHT: would you give us your 3 MR. ARTERBIVRN, Correct. 3 name and address for the record. 4 MR. MORFINO. And it I'm understanding 4 MS. POOLE Ob, I'm Joyce Poole, 5 correctly, basically we've doercoscd the orftoe and S 3021 North Bonnie Bruc. Basically, the only Odng f am 6 commercial and have increased the SF-1 and SF5. In 6 going to do at this point Is I'm going to bring out some 7 summary with other minor 7 regulations that I don't know if the neighborhoods have 8 MR. ARITREL'RN: Right. The SF-0 increase I rv'searched u much u I !cave or been into some of this. 9 was at the loss of multi-family, cs%-ntially. 9 So I'm going to bring out a few things that 1 have found 10 MR. MORENO: Ijust wanted to understand to and thJl will maybe or may not affect any decisions that 11 that Thank you. 11 are made on this Board tonight. 12 MR. ENOeIARFCIIT: commissirncr% are there 12 First of all, I am going to I've gnu to 13 other questions? Okay. At this time is there anyone 13 0 my notes and dey'rcdisorganlmd 1 went to bring 14 present who would like to speak In favor or this 14 to the attention that we do have it comprehensive plan is petitirm'> Anyone present io speak in favor of the 15 State law. And I'm not sure if it can mom in to this 16 petition'? 16 this light. Ibis Is on page 2 of that first chunk 1 17 If you would give us your name and address 17 gave you. This is comptulxrsive plan, State Law 211004 18 for the record, pleas. is and the points are that you Iessn congestion in the 19 MR. coup: My name is Carey Cobb. I'm with 19 streets, you secure safety from fire panic and odor 20 Inennanokao, rneorporated, 1401 Burnham Drive in Plano, 20 dangers, you promote health and general welfare, you 21 Texas. Mr. Chairman, Commissiotlers, we appreciate your 21 provide adequate light and air, you prevent the 22 tinx! here this cvcning 1 w'o uld justlike to say that I 22 overcrowding of land, you avoid undue concentration of 23 think MI SA rxxign has dune a fantastic job In turning 23 population, and you facilitate the adequate provision of 24 what was this what I would term a much more tkrs PD 24 traat"ation, water, sc'wcro please note that 25 into more of a rrierdly single-family seenario with 25 schools Is Wntifiod in the Stele law its a part of ■ Page 162 Page 164 1 pocket parks and really a flow that makes a lot of I comprehenslve plan rNuirertcnl parks and other public 2 kegs, we think. We did engage the neighborhoxxl and 2 requirements, 3 sought io engage what they were (eating about the uses 3 The second point I will bring out that we around them. And i really think MIAA has done a good 4 need to understand is that our current 1988 plan Is a 5 job in addrc,sing thos 5 m-oVnM comprehensive plan to page 3 of that politics 6 The park, as well, 71x- park on the previous 6 for growth document. It says, it quotes 211004 In it, 7 PD teas down more in the flail plain area w'hlch ovi roll 7 it says that the regulations that we arc looking at do e In terms or acres, it would have been there, but in 8 exist In our current with the State law under our 1988 9 terms o1' us for the ci!irers, probably wouldn't have 9 comprehensive plan. lie sere not even half the us. So I thought that wu a to The third piece I'm going to bring up Is the I I t,,11 grid, real goad change, t I original PD, Section 4 that is In their original 12 I'll just make mysif available if you have 12 msolution. And I'll read that very quickly. You guys I S any qua ions, That's ahoul all 1 have to say. 13 have it In front of you. It says that the approval of t4 MR Evctt not (111 r commissioners, any 14 the district as provided for here In sha11 na and Is 15 questions of Mr. Cobb? Thank you, sir. Is !hie anyone IS not tnte-rxkd Io be deemed approval of any Wievlar 16 else prcsert who would like to speak in favor or this 16 land use in that district. So the PD Iis land uses that 17 pclit ion'' Anyone else present to speak In favor of the 17 were it part of the original PD, the land use Is 18 petition? 18 guarantecd arc not gwtrantxd, I mean, because of 19 In that caw, is there anyone present to 19 Swion 4 in that resolution. Tttat moans you guys have A r, 20 speak in oppo qi ion to the petition? Oh, you want to 20 the choice r J \ 21 speak in favor Okay. I wasn't sure, I real ire now 21 TTe other piece of legalese that is coming 22 that you're handm; ,at something I thought you must 22 Out was brought up to the Council at a work session a 23 be gcuing ready for opp(mitio n 23 couple of weeks ago It's a resolution fa the City, 24 Ms. PLx)i E I irsl of all, I also want to 24 8684, And on page 1 of that I won't lead all of this 15 thank the strung work and the neighborhood efforl that 23 because I'm just really bringing this to lepd attention PLANNING & ZONING AUGUST 25, 1999 Page t61 " Page 164 135. r t Condcascltnt Page 165 Page 167 1 --that the application to existing Pn districts is I understanding of our current rules and regulations, n 2 addressed In that. And it says the provisions of this 2 there Is s hair-mile regulation betvmm dcvckVW units 3 article shall apply to al l PD districts or parts thercuf 3 of span ner0q. So for instance, the Grcenway Patio 4 approved prior to the effectite date of this article 4 Apartnar Is that are behind Thunderbird and Westgate S And it gcxs on to say that the detailed plan and so on S Heights, Is there a half-mile separation bctwom it and 6 and so forth, this all encompasses a PD that was taken 6 the proposed Fairview disdct7 I've not gotten staff 7 in other words, this PD was craters prior to this fo 7 to quite treasure that yet. If there was another s district but this PD district reschution covers that 8 multifamily unit to be put In and this was approved, it 9 older Pr) R's only a few months apart but it covers 9 would have to be a half-mile separation between it and 10 it So this resolution does cover that, 10 the next unit complex. And they are limited In quantity I I I think, Chairman, that on page S of that 1 I based on the street that they road orr of or food into, 12 resolution there Is a very detailed outline rat a 12 MR. AISIILL: And we'll get clarification on 13 concept plan. I am prelly confident from seeing all the 13 that from staff. 14 information here that they have already addressed all 14 Ms, Poot.E: I would appreciate that because 15 those issues. And if you would please, you will confirm IS 1 thirds there Is a lot of qxstion an some of that. 16 that. I am sure that we are working umkr the law of 16 Thank you very much. 17 IN concept plan requirements that were brought under 17 MR ENGEt akLCtrU Any other questions? t8 this old Pn. 18 Tbank you. Is there anyone else present who would like 19 The last thing I'm going to address so 1 19 to speak In favor of this petition? 20 will get out of Jere is our area has ban idenlifctl as 20 Yes. Mr. Bucrk, you wanl to make a comment? 21 a low-inicnsity area, It has him my understanding in 21 MR. OUCr.1a, The only thing Cm not real 22 line with our policies for growth that we do have one 22 clear about when there was a discussion of the 100 units 23 item to uddregs only and thut is that multifamily 23 and the ISO units and whatever, a lot of what we do is 24 developments that an on a collector stmt arc limited 24 based on Subdivision Rules and Regulations that are an 25 to 100 units, on an arterial stmt to 150 units, and 25 ordinance, where this is a resolution. Page 166 Page 168 1 direct access to a collector stmt, 100 units. Is 1 So the ordinance may well preempt sonic of 2 tlxre is access to a freeway, they have 200 unit 2 these things. For Instance, the developer could come 3 capability. But that is one development of units on any 3 in, and I don't always understand all the differrtas 4 development and there's a half-mile scparation also in 4 between amcrial, collahors, and local strxts, but a S our current policies, If there i3 a development or 5 develoNT many tines would like to be on the larger 6 aparlntcni units, there is a half-mik separation from 6 strut and our Subdivision Ruics and Regulations suggest 7 one scl of units before you have another set of units 7 that Owy be on smaller steer. %7" you do that then m allowed to build and then they're based on the 8 you couldn't crtfore this regulations against theses when 9 limitations of our plan. 9 tMy're having to comply with your ordinance. So staff I0 And so all I'm doing is 1 am here in support - Io may nod respond to engineering, may need to respond to I I or trying to jest bring all these horns up to the 11 you if that Nvorrxs an issue. 12 forefront as people do begin to talk so if they mal.c 12 1 just wont to be sure, anywhere where 13 points that are covered by these that they arc 13 there's a conflict between ordinance and resolution, 14 considered by our legal laws and guldclincs. There is 14 ordinance is going to control. And that's the only 15 on the very back a part or what I handed you, a list of 15 thing that jumped out at m c in that conversation that I 16 conditions as people called me and asked me to include 16 know many times we've had to tell a dcveltper, w, don't I, those things since I am the president of the Westgate 17 wane you on that collector and they have to make i 8 Association. Ail 1 have dote is itcmirn those for your 18 adjustments, which if they followed the comprehensive , 19 case to review and comrncni on in your deliberations. 19 plan, they might have gotten more units. 2u MR. 14 W0.LnKicilT. Questions for Ms. Poole? 20 MR RPYIrL! Mr. Rcichhart, do you have 21 MR RISIII L: Question. Would you rcfrcsh 21 answer on that half-mile separation factor? 22 our memory as to what the half-mik in the apartment 12 MA. REICIIIIART: i believe we'rebeyond 23 situation is and where the next closest apartment I23 half-mik but we will verify. And I believe that 24 complex is again? 14 L if-milt separation was a guldcline, rat it steadfast 25 Ms 1't:x)LK Yes. According to my 25 m c in the development. PLANNING do ZONING AUGUST 25, 1999 Page 165 • Page 168 136. I t' Condenech"" Page 169 Page 171 I And the other issue sisal was brought up at 1 houses. Sidewalks throughout the &-velopmunt and nn 2 the same tine was the low-Intensity arve and the number 2 struclurcs built over two stories high. Thank you very 3 or units associatLd with the road rrontatgv. From shovel It much. I appreciate al I the plans that have ban made 4 this area, which we're heading north, Is it moderate 4 but when I think about the liretorty plans of people 5 intensity area, That's where the mubtidamily is king 3 living In awse horses, I do hope you'll take into 6 proposed, not in the low intensity area. So it would 6 conslderullon some or these points. I 7 have applied more to the old PD as opposed to what's 7 MR. ENGEt.ORECHT Ma'am, bcfome you go If f 8 being prop qcd now. W'e will verify the half-mile but I 8 you might I had asked staff if they could point out 9 believe we're beyond that. 9 to me where do you live? I'm trying to get t 10 MR. AISHFI.: thank you. to heard the street name but I want to snake I I MR. ENGF LDRr'.Cti7: Are there other questlom I 1 MS. NA.NCEr All right. You know where 12 at this time? In that case, is there anyone else 12 Windsor Drive Is? All right Golny Aces on Windsor you 13 poems that wants to speak in favor of the petition? 13 come to Carriage Ifill, turn IVA on Carnia a hill, and 14 All right, 14 then a half a block way you have Brooklake coming Into Is In that case, Is there anyone prevent who 13 Carriage. That's where I live 16 would like to speak In opposition to the pNiition? 16 MR. ENGttzkrctir: All right. Very good. 17 Actually, Ict mejust gn to the cards I have a nutnler 17 And you're aware that you do have a multi-ramily, some 18 of cards that ant indicating opposition and 1 will go 18 multi-family units Just up the road from you by the 19 through these in a few moments 19 Interstate, I believe it's Thundahird Street, when: 20 Y", ma'am, go ahead. 20 you conic off or the Interstate attru road into pert or 21 M.S. NANCF: I'm 3'.nuna Nana, living at 2312 21 your war, Just to your west. 22 BrOOklake Wcet. And I am definitely very interested in 22 MS. NANCE: I was not aware of any multi- 2) this ana maintaining the integrity or the property that 23 family uuiN 24 I've invested in on Bnxtklakc and W forth. My husband 24 MR. INGE.I.LAECH?: t:p them, you didn't know 25 and I NpNmt our life savings ten years ago purchasing a 25 that they were there? Okay. Page 170 Page 172 1 home then: that w'e was ussutv:d would he a very fine area I MS NxNCE: Out all the pcoplo around me are 2 to tiro in. I've lived, had property in the general 2 single-family units and wo arc all very pleased with our 3 are: All my f ifs, but war had l ecd in 1}al less for 53 3 neighborhood and we all want to kocp the integrity of it 4 )'ears and was vary anxious to rind a place to rctirc 4 because it h a very fine neighborhood. S that would maintain its integrity. 3 MA. E.NGI toREC}IT: okay, Any otNi 6 As I visited with my neighbors and so forth, 6 qucatioas? Thank you Others Indicated they wanted to 7 I find that wc're all interested in scvkiny exc0Wncv 7 speak, l have a card from Shelley Shay. If you would 8 in building quality, spacious homcw and large lol.+, 8 give us y iur address foe the sword 9 RF-wand si to shore need not he any multi-ramily 9 MS Slav: My nano is Shelley Shay, 2524 to units in this aria qr we keep this intLirity. And 1 10 John Dnve. Sorry for lack orcye contact. I mode I I think all you reed to do Is drive wound a little bit I I little notes so I wouldn't forgci and start rambling, 12 and you'll 9a' that wC have It lot ormulti-family units 12 I'd like to say that I've been to the two mMEngi that 13 in fcmdn and certainly in anal away. I) the neighborhood had with the developer and they've been 14 Now then, we can't manufacture any mare land 14 very penotrahle and they appear to be very reasonable, 15 and I'm real interested that w'e keep what wv have, to 15 In the drawings and plans that they showed our 16 maintain the integrity or 16 neighborhood wire initially very appealing said they went 17 1 have not heard anything mcntioxed ab ous 11 very well thought out. So this Isn't throw the baby out 18 %chexik And in an area this sin 1 du think we need to 18 with the b ,oh water type or a thing that Idon't like / 19 eonsitkr an clenenlary %cho l at Icast for Tamilics 19 any or ii, sure of it was very appealing. / A, , 2n being able to send their childrvn to nearby schools 20 Some or my c"cems and they're Shamd with j 21 railer than having to bus them. 21 some or my reit,beera that I've discussed some of these 22 1 think that wY recd to consiokr 31-fora 22 co ncerrts with, one, the width of the struts, adequate 23 wide shale Orooghout the entire area, 85 pcrant roc 2) parking, and use or sllcys. My street, John Drive, is 24 hrick cvt:riws, kdkquatc street and driveway parking to 24 31-Tai wide and it'ajust, to me, it seem barely 25 aeeommoxlale guests and people living in the varlous 23 adequate to kwrnmodate stmt parking. And because PLANNING & ZONING AUGUST 25, 1999 Page t69 • Page 172 137. C• n Condenselt' Page 173 Page 175 1 we're in such A hilly area, the driveways are at a steep I evening about 6'30 in the evening and I see this white e 2 incline and most people cannot drive In their driveways 2 sign laying In the ditch face-down. About two weeks 3 without the brakes failing after a length of line, And 3 later after the City Parks Department mowed our road, 4 a lot or people don't park In tube garage k as you 4 come to find out it was a notice that there was a zoning 5 know, because they store everything In then:. An.d, it's 3 case pending. I don't believe that's adequate notice. 6 something that you almost can't expect ncople to be able 6 1 think there's some responsibility to make sum the 7 to park in the garage. Many people have more titan two 7 sign there was not weather on that particular day. 1 I sehdclcs and even In a two-car garage, they're lucky to a jus. think it was Just carelessly placed. If you've 9 get one in there. 9 ever driven out along Westgate, you'll notice that there to And on my sheet As it is there's a tW or 10 are four parcels of land with ferim separating it. I t construction, but there's A lot of waiting while people 11 I've lived out there 20 years. I happen to know that 12 are going back and forth, weaving in between parked cars 12 they're all owned by the same Individual but other 13 and it scems like anything more narrow than 31 would be 13 people might not know that. I would hive thought more 14 it's so+rncthing I wouldn't like to sue In the 14 signs along some 400 to 500 yards wou'd have been more 15 neighborhood, not only to maintain the Integrity of that IS appropriate. 16 look of the neighborhood and ckcrcase density, but also 16 Concerning hyal notce, I may be on your 11 to aecomnodate that type of property and traffic for 17 list there but, in fact, l had to call the City to get Ig l'rs, fire trucks, and so on. IS my legal notice and it was not de-livrn+d to ese until 19 Another problem I have is with the alleys 19 nine days ego. 1 don't think that moots with tht 20 and 1 understand the appeal or A rear-entry garage and 20 rcquircmcnis. 1 know each of us who save on City 21 why people like alleys, I was In Dallas roe 30 years 21 Boards and Comm]isirats take An oath that we will uphold 22 and every home and apartment I ever lived In had alley 22 the ordinances and the charter, And, In fact, I think 13 axcss. And, quite frunkly, wlen I Came to Denton 1 23 your staff has let you down here so I think this public 24 thought it was weird that there weren't any alleys 24 hearing may be out of order given that proper notice has 25 anynvhcre. Out now that I've lived here a lime less 25 not been given to all those who arc entitled to it. Page 174 Pago 176 1 thin a year, I moldy rind it appealing that I know my I I believe that As a homenwrw I like the 2 reighKiti behind me on the othu ii& or the rcnce 1 2 fact it's sl:-le; however, my srte is one acre. Across 3 don't know them Intimately but I wave, they wave back, 3 the drool you're going to put three houses on the same 4 and I feel like 1 have a little hit of protection, kind 4 six lot that you're going to put one house scrod the S or buih-in crime prevention 5 street, I would like to see that Intensity devreavc! 6 My ntnther was a victim of in attempted 6 slightly. I would like to see sr-lo at least a couple 7 car-jacking. AKvul a year after that both my parents, 7 or lots behind that, and then go on Into the rest of A their curs were stolen from a driveway behind from an 6 their plan which, to some extent, I can live with some 9 alley, And no one kre-w anything was going on And l 9 of the rest of it. 10 don't hxl icve we've ever known any neighbors In any to I'm going to change hats completely here 11 place that lived for 30 years in Dallas that lived on I I because now 1 want to talk to you about schools which 12 the otlxr side of an alley. And I think the lack of 12 some of my neighbors have For those In the audience 13 alleys Iwing sharing a fen" with your neighbors i3 who don't know, I am a member of the School Board and I 14 helps in foster that community that's In 0.nton. 'that's 14 happen to know that last night the City Council In the is one or Ile rvason% why I moved here. 15 proccrs od adopting this new comprehensive plan, brought 16 Ma t its DRI CHT; Any questions? Thank you 16 our chapter Into the plan as It's currently proposed. 17 very much. Rick Woolrolk 17 Ow of the things that the Council Absolutely is saying 16 vsa, WON] 01 lc Mr. Frigelbre6t, staff 16 that is a caux that they can disapprove plans that come 1 19 ntemaxn, Commissioner members, friends and rseighhors, my 19 before them is Adequate infrastruclum. r A r 211 naine is Rick Wo olrolkI live at 3121 Westgate Ihise, 20 The real problem here is that they will 21 which depending on which picture you look at Is 21 gcnerale one elenerttary school out of the new house 22 appmOnatcty in IN., ",nice right hLre of ssbcm they're 22 they've putting here and 1 sue no sites. f can tell you 23 talking ubout I want to talk about three different 23 that Evers, where the kids currently go who live In our 24 things 24 neighborhood, is absolutely cram-packed. We have no 2i F'iral of all, the pnxti:ss, I drove home one 25 room to put od ditional potables on that campus. Newton PLANNINO & ZO,NINO AUGUST 25, 1999 Page 173 • Page 176 138, t Condenselt' Page 177 Page 179 1 Raymr, which would be the next closest clcrrterotary, Is 1 postmarked eight days prior to the scheduled meeting. 2 unrkxgoing urnstruction at this point In time We have 2 The mailman came back and said, hey, do you nod rctum f 3 no additinnit room at that school, Childnm who would 3 receipt reguLrld, and they brought back half the 4 K coming into this neighborhood would he bussed as far 4 mailings, Awt t,as one of them that they brought back S as Borman currently, We also have kids King bussed to 3 originally OR, didn't go out, 6 normon from way south In the district. And there Is it 6 So at the first reighborhood meeting, their 7 posSihllily that as we would open a new clemcnlary 7 fast mail-out for Cie public hearing Iwo weeks ago 8 school south of the district, these children have to be 6 only half the witioes got out. Those got out late. 1 9 bussed that far 4rc'ause of the situation of Inaokluate 9 was able to recapture half of them that didn't yet 1 o infrastructure wldch causes schools la entice. So some of the neighbors got something, some I I This parcel here that they've Identified as I I didn't, but it was too late anyway. So we did a whole 12 open space would he at laical location far on elementary 12 new mailing 12 or 13 days ego. So that was some of the 13 school. It's only about half the sire we actually nail 13 confusion assalated with the muil-out but everything 14 or certainly five arcs short anyway. This development 14 was sent out legally 15 absolutely demands an elementary sclaol and we as a 13 Ma, LN01113it ir.. nut as far as we know, we 16 School Board will he in here, at the City Council, to 16 do have postmarks to all of the ° within the 200 fort, 17 protest this bawd on ihe ymunds or inaokgume 17 the kgal notification on time? 18 infrastructure will not exist on that rate factor alone Is lot k. krlcl tIMT, Ycs, we do. 19 And I think that's cminly within your punew to ask 19 Mk. FNGt:I,nRTCtIT: okay. I would ask that we 20 them to go back to the drawing board, I happen to know 20 Just double-check that Kt%ixm now and whatever 21 a Council mcmher was already talked to them about this 21 suhttyucnt action 1s taken after this everolny. Okay. 1 22 site, And I would appreciale your ctml -ration of 22 have a card to speak from John Thompson. JS this, too Questions? 23 MR. itR7mpwti I'm John Thompson. I live at 24 MR. LNCi t 1311110tr (?Wstions for bfe 24 3211 Darby l.ette I've lived there since 1467. 1 moved 2.3 Wm1folk? Wo ^pprceiole your cnmmenls. I will use 25 our when they first started developing that onto that's Page 178 Page 180 I staff to ini,migate the issue of notification. I now caltcd Weayala Thcre were about perhaps seven 2 MR w'txR.FOLK Thank you. 2 houses there when I built my home. There we now about 3 MR. 1,NUFLDRLC'HT, If it wasn't mailed, then 3 33 homes at that area They're homes that are valued 4 1 think we have a problem. If it was mailed and didn't 4 about the same as the homes out on Idini's NIL 6 get to you if we have proof of mailing, then 3 •lhey'rc nice big homes on big Ids and it's a very nice 6 MR W'txxLFOLK It was mailed and I received 6 tk-'ghborhood to live in. 7 official notification a wrck ago Monday that 1 had a 7 Time are 33 patple in that neighborhood, l h cemiricd letter waiting on nee. But it was not before a can tell you, that are scared to death that you arc not 9 tlkn. 1 had to call and ask for it to be mailed. I did 9 going to protect them. Public servants, they're sand l0 get tlx: courtesy notice but not the official, to of you. Thcy'rc scared or you because they betide that I I MR. F.Nt&LbR1;C'IIT, Thank you. I I you're going to create a neighborhood where they can't 12 MR. R1,10111ART: I Can address the 12 ever sell their property, where their property 1%Sodng 13 nolifical on. The legal requirements state dial it has 13 to lose value 14 to be postmarked tcn days prior to the meeting If he 14 A fanner right next to Westgate obviously 13 received it nine days ago, it was postmarked ten day IS loss a right to sell his farm and grow houses and I hope le, prior to that and it was probably 12 or 23 days prior to 16 he makes money off of It, But if you let this happen, 17 that, I know Arc mailings got out early, earlier than 17 why didn't you do it out In F•orrestridgc? You said no. iR the minimum required for this. 1a in this neighborhood, but avtalr.iy you don't want 19 And part of the ra,son was you may recall i9 houses with no line hews , them. Certainly you don't A 20 that this was scheduled to be heard two weeks ago. And 20 want multiple homes. 71 one of the problems Mat we had, we have a service that 21 I'm here because we're afraid. I don't know 22 we use for our mailings and the courtesy notices got to 21 the answer. I do know that that fanner has aright to 23 them in adequate time for that mail-out. Their machines 23 sell his land, I do know theta dehelopcr has the right 24 were down over Ilse wrckcnd, no one knew about I% and 24 to okvelop. And I've Ken In this City long imough and 12, then finally they got postmarked. 1 think i1 war 23 1 want it to develop. But it seems to me that your PLANNING & ZONING AUGUST 25, 1494 Page 177 • Page 180 139 u ' I Condenselt" Page I a I Page 183 1 first responsibility is protecting as who went out and I us on Wesigutt Drive Now, we arc a very nice little a 2 built thin home. 2 community There are only two nortWwuth watts and 3 Most of us, we're profcssionah that Ilvcd 3 two very short connecting streets going ^tst and west. 4 in that neighborhood, Lots of US Wert Colter 4 The llant Interest put out a beautiful brick S professors, Lots of us have served on the P&L. I I wall, I tin, a real brick wall all around the 6 notice I I :DD o'clock is coming up and you we +till 6 subelivislon rnd set us off, I got that stmt closed. 7 here , W1ten 1 was on P&Z In the 1970'x, lots or times we 7 I'm the one who gut Jerry Clark and the CoundI to close 8 were h.•re at 12:00 o'clock. i'rn not asking you to 8 Westgate Drive because we didn't want that traffic 9 I'm just asking you to do justice. I don't know what 9 short-cutting over to Krum through our division when so to justice is. I don't know how to tell you to do it. But to many people from up on the hill of the other Westgate 11 don't hum us. I I hills walk down then, hike down there, push the kids 12 Then tiro 35 families out in a neighborhad 12 down there in their little go cans, and walk their 13 that's bar then since '61. There's a is - neighborhood 13 dogs. We don't want multi-family. I klww what you're 14 up on the hill, the first lady that talked said, please 14 talking about multi-ramily down there That a one-slay 13 don't hurt us That's what we're asking you, IS deal just off of Thunderbird. It's been there forever 16 Now, don't listen to this developer. This 16 and that's a different type of multi-family than we're 17 ckvctoper is s good man, but he's got a job to sell you 17 talking about. 18 to get as much money out of that ploce of property as is We want the wide sirmts, 31 fat. I told 19 possible Use mason. I thank you. 19 you when 1 was here just a minute ago or it couple of 10 sta. t*coa t.axrc'1fr: Any questions fox Mr. 20 hours ago, rather nobody's heard ahout the damaged 21 ihanpson? Thank you, sir William Williamson. 21 brand new fire truck that we have, $350,000,00 unit, 22 sex %11 t.UMSON. You gut the privilege of 22 that couldn't make the turn on the of these narrow 23 hearing from me twice. William Williamson, 3321 23 Streets we're putting in. And what happened? It 24 Wolgalc Drive. We have 40 homes out trio, not 35. 24 incuraxl great damage to the right rear of it and the 23 I have to correct John on that. 23 unit is out of service. We Jua bought it W'ho'a going Page 182 Page 184 1 sta t %oiI narcltr Ile didn't teach math, did I to pay for that? 2 Ioc7 2 We don't want we want the school. 1 3 61 a. W'rl I IANSON I want to read part or 3 beliete what flick Woolrolk said IS correct. You can't 4 this, i W ant to get it all within the time. I and the 4 put nobody can get Into Sam i louston, tic" can gel S majority of those in this suhdivisiori oppose the plan S into the McMath school now, and yet you're building 6 F0 111 why do we oppose it? I Sint, tgly oppose it 6 houses so dam fast over there on that hill, I don't 7 hvausc you will destroy the lntegriry or a beautiful 7 know where you're going to pit them. We're not 8 community that has been enjoyed since 1965. 1 was the 8 thinking. I' 9 Second house out then, I was the unofficial mayor out 9 Last time 1 stood here before you just a lo of Westgate Park, that was the big joke. I ran the 10 little While ago, I told you the editorial in the 1 I I water works, 1'v'c hvn them from the beginning when 11 flecord-Chronicle of Sunday. August 22nd sickened me to 12 there wire nothing but grass bum in the lawn, Grace 12 sac this Denton voice come 10 the Idiocy of density and 13 I la] 1, swat soul over there, was there berore me I ter 13 that's what we're tacking about for this fair City. 1 14 hushand used to get on my case eared the wets would 14 was so pleased to we a letter to the editor right next I5 frecJc 13 to the afitorial by Terry l lolcomb. I don't have time, 16 l lave you ever been out there? All the Ids 16 I'm sure, to read it rle succinctly detailed exsnty 17 on Westgate Irivc are one-acre lots, And when frank 11 what we're trying to get across to you, We , t't want ~ 18 narrow began this okvclapntemt, he's the former mayor, le density, Donoon cannot handle it That's what we're 19 the vision was that whomever the Smith prorerty was sold 19 saying. We're trying to be realistic about this. We ~ A 20 that onracrc lots would only he pennioed on Wrttgaw 20 knew land is going to be developed but we don't want f f 21 I3rivc in'Wcagulc Park That is exactly what we wish to 21 them taking the map of Denton, Texas and every little ft-00 22 happen if VK! land Is dv%clnped, 22 piece of land that's In there they want to saturate it 23 Now, I lookcd at this Parecl 11 and they have 23 with htwsm and Sluff. That's what Dave hill sold, be 24 the .si 16 and, to me, it'sjut agesture hvaux they 24 wants to do that and he warns to kecp it within the 25 knew we were going to raise Cain about this to mollify 23 confutes of the City. PLANNING & ZONING AUGUST 25, 1999 Y40 Page 191 • Page 184 . ~ I I Condeoscitr''r _ Page 185 Page 187 1 MR. tNGII BRrC9ft: Can you wrap that up, Mr. I lots and then tran90i0xd &Am? Is there anything we 2 Williamson? 2 can give than to make them want to & that? Do you soe7 3 MR. wit t1AM.soN'. I'm done We will do all 3 MR. wit I.IA.M.sosi: well, you know, they're rwt i 4 we can collectively to stop this. Now, the City man 4 going to want to do any more than they have to. We want 5 said that he had 15 pemint opposed to this. I could S that school. We want that school out there. We don't 6 have you poll everybody here tonight and I could go to 6 want that multifamily. In the original thing that I 7 every one of the houses out then and I'll guarantee you 7 have here in the mail from them, we have multi.-family 8 you'll have at least 95 percent opposing this from a right up by my house. Now, whLit they got up and talked 9 Westgate Park I thank you, You guys are great. 9 a while ago, they look that away and put sr-7 and sr-J. 10 You've been here putting up with this and so have we. 10 We don't w,nt SF-0 right there in front of SF-16. What 1 I Thank yew. I I we want Is wv'il rncL1 with them any time. We have a 12 MR. tNGI:I.nRFC117, Anyquestions? Ms. 12 complete strong neighborhood association and we'll give u Gourdie 13 it Io them In writing what we would like to sm. And 14 Ms. Ga'RDIr:: I do have one question. Mr. 14 we'll be reasonable. But we want them to be as 15 Williamson, as I ail here and I listen to y'all folks 15 reaumable and not as narrow-minded as they have been in 16 speak of What you want and what we're permitted to do, 16 the pim in their negotiations. 17 and y'al I know the whole thing there, I read to find a 17 You see, I'm diffennt than most of these 18 compromise here. I mr'd to find out what's going to he IS people, I kit it like it is, That's the way I feel 19 acceptable in your minds, 19 about it and I've always been tlwt way all my life. 1 20 MR. wir.ILIAMSON: I'm happy to answer that. 20 was the second person out then and I love where I It" 21 We want on Wcsigatc Drive, we want one-acre tots facing 21 I'm an old man, My wife's dead so I'm out there by 22 us on the other side, 7bai's a go 11at's what we 22 myself but I love that big house 23 want, But we don't want SF -1 and sFa fight behind 23 Ms GOt7tDIE: well, if y'all, while you're 24 them. 11 a w'unt something better than that. We'd like to 24 coming up hen, iryou could help us find something, as 25 have it Ilaw 'nro s gradual derreau over there, 23 y's" go sit there and talk and while you're coming up, Page 186 Page 188 I We don't want to have a whole lot of irafric I too. If y'all could help us give Ideas, throw some out 2 on Wangarc Dris'c. I know Wcsigale [hive one day Is 2 to us, 1'd appreciate it. T wl would letp me mane my 3 going to go out and it's going to conretl with 3 job a little bit emler go thank you, Mr. Williamson 4 something, but they have talked to us at City Council 4 MR, WILUWSON: we're having a meeting with 5 about going out here and making Windsor go our to 35 to 3 them tcm )rTow night, I think it is, to lay out what we'd 6 make an nutlet out there, But if we build all this 6 Ue to have, with the developer. 7 traffic in here it's going to have to go down to nonnie 7 ans. GwRDIF: Super. Well, I appreciate 8 Brx or it's going 10 have In have some flow someplace, 8 your time. 9 but you know a 1M of it's going to cow up hen on 9 MR. trsw utircim. Mr. Williamson, whoa that ` In Wcsigute. This is what tkstroys it. It) was toned, when miis was mmdbcfom, when that Ero 11 1 know we're going to build the houses. I 11 went to toning in '86, that was they made it 16 along 12 know we'll probably do this but we have to rcnv:mler 12 Westgate. I wanted to kind of get a feel for what 13 we're operating under the 1988 flan this other plan Is 13 transpired that I'm sure you must have objected. 14 not approved That's whit we had the previous meeting 14 MR. w11.1 IAM%0\'. I was the man who led the 15 for this evening. So we're operating under the old plan is fight against it and killed it. It was down In this 16 and I know if this gets dune and were going to oppose 16 civil dcfenw room down then that we met and had the 17 it with the Council, we want to hove a lot more say In 11 most acrimonious mo tings eve ever had in my lire. We is it than what we've had and we'll l+c therc in mass to Is didn't want that but we were having something shoved 19 give thon our ideas We have it io writing, we'll give 19 down our throat at that time. And it may be still un on A, r. 20 it to them now. 20 the plan or whatever you-all have here, but we defeated 21 sis (0 RDir: I guess what I'm trying to 21 that and they ran out of time and money so they pulled 22 rind, if They give the one to you what you want, what 22 oul. 2) arc you wiling to eschango! as a compromise In your 23 MR. tw I owirr' I know, but the inning got 24 mind? 14 then: anything that's cschangcable or is it 24 in place 17vidcnay, that wait a compromise or some 25 just this i% the way w'e'd really like it to be one-acre 25 sort. PLANNING & ZONING AUGUST 25, 1949 141, Page 185 • Page 188 Condenseltt" f Page 199 Page 191 III I MR w'1t.I.tAasm well, we told them tlr-n the l on up. People have Invesiod in their children in many ; 2 same thing we're telling you, we want the acre Pots. We 2 ways, clothing, memories, alucslion, friendships. It 3 want our community pm-%.It's box.t so much 3 goes on and on and on. 4 enhanced since then, when they were doing it Darby was 4 And 1 don't we how you can put a value on 5 hardly populatet at all. They're half-acre lots on 5 that and it's difficult for me and my neighbors to foci 6 fyarby, But these people have ban a lot nicer Ina lot 6 comfortable vith even the best developer's intentions, 7 of ways. Those previous guys, frankly, they were the 7 like these people I admit that they have been very 9 worst I've ever run into. And in that time it was a a friendly towards the neighborhood in trying to get us to 9 different atmosphere and whatnot, and we fought them 9 participate in the dialogue of their devedopmeril, and I to bitterly and feel that we woo. 10 commend them for that, But how do you place it value on I I Now, I realim that the conditions that they I I the investment of all these people that have been here 12 put forth arc still on your books and thut's what you're 12 since 1965, have moved from different locations from the 13 looking at as a comparative example, but we feel that 13 eact coact to the west coca'? You know, it's typical 14 the way it 11 now, we want to just preserve what we 14 American pioneer spirit. Some of us drove the packed 15 have. And what these people are telling you is the fact 15 vans from the west coast and moved over here. I in=. 16 that we j ust don't want to have density. T he whole 16 how do you place a value on that? I1 thing, if you go back on it, everything that's been said 17 But we're trying to give you a sense of that 18 and what wi Il be said at Council, we don't want density. I a by telling you that the intensity of developing the 19 We don't wane everything just jammed in there. We can't 19 property is a business deal, They've got someone who's 20 handle the kids. We don't have the room for kids In 20 going to sell them the land, and I think it makes great 21 school, And I've Senn this heautirul f moved here 21 business sense to try to get the most out of it. And l 22 whenever University Drive was a two-lane street. 1 22 think it's your job to try to control the use of that 23 thank you and I know I've jabhrvd on but I waned to 23 land in an inWiligent manne7, 1 mean, this, to me, is 24 get my point across. And t thank you 24 a philosophical question. 1Yhat is the greatest good 25 v,R. 1..1N'cttB9rc11 n thank you I have a 25 that can be done few the people who live right now in Page 190 Page 192 1 number of cards and f will go over those in a moment, I that area versus the purple who want to develop It 2 but I have no other cards for anyone who wishes to 2 versus the City fathers who arc trying to balance that 3 speak. Is lixre anyone Hsu who wishes to speak in 3 out? 4 opposition? Ycs, sir. If you would please give us your 4 And Ms. Lmma I think mWd the question s name and addrvss for the record, 5 that I have been pondering with ever since we got into 6 MR. c'KWAI.F'J. My name Is Edward Caxtralcr, it 6 our right with Fairfield A hat is the value of the 7 private citron or 0.niom, Texas, I live al 2l is 7 homes? It's not the home value dtalf. More 8 Westvicw Trail, which dsjust south of this dcvclopmrnt a Importantly, it's children that have been raised as 9 And I'm also a director of the Westgale l to nuvw ncrs' 9 infants from 1965, got them through college, got them 1 10 Asw6ition And many or the things that I wanted to in through elementary school!, caring for them, trying to I I say have been said alrv'ady Ms lliraMh, you've I I get them across the stmt from Windsor to the park. 12 talked aSoul what can help you and I think you've heard 12 Thank (Toot there's a four-way street sign, but I still 13 sort of the common theme, that density is an issue for 13 sera people shooting right through there. Basically, 14 us 14 that's what I wanted to share. As I said, most of the 15 And Mi. l term, who's still here, God bless is comments that have been made that I would want to make 16 her, she said sommthing that I've been thinking about 16 have been made already. Thank you. 17 with n'gardr to the &%clomtnnt that's going up right 17 MR. ESULBAKHT thank you. Yes, sir, is now, Ow multi-family unit that's going up right now on 18 would you like to speak? l9 Windsor and the pra pcwed Fairfield prujcet, which 19 MR. tt'l LERTON: My name Is fade 1111ertat. A 20 intends In put up 700 students there it It's passed. So 20 1 live st 3015 Bonnie Bract, which Is essentially this 21 you have 700 potential students on one side or Windsor. 21 piece right here. And I sort of have a recurring 22 You have this multi-family unit going up just above it. 22 nightmare. It's not really at night. But I getup 23 And then you have this proposal here. 23 every morning around 7A0 and I leave fa work at about 24 You can't put a value on the home and say, 24 1.00. Arid if I were competing for that spot down by 25 wcl I, they're valued at $120,000.00 on up or S100,000.00 23 1(-Mart trying to get down Bonnie Brae to get out of the PLANNINO & ZONINO AUGUST 25, 1999 Page 189 • Page 192 142, C. Condenseltn" Page 193 Page 195 1 neighborhood with 3,000 other people, I think it would I if you would please come down. If you would give us { 2 be very complicated. I think that would be a real 2 your name and address for the record. 3 problem, And most people do go to work about the same S Ms. PeaaY: my name is Melinda Perry. I 4 time 4 live at 3128 Darby Lane. You'll have to excuse me, I'm S This neighborhood is really boxed in. S a little nervous. I wasn't going to speak but as I've 6 You've got natural boundaries. You've got the 6 listened, I think it's really important that I do. I 7 Into; state and you've got the park, And the only 7 have three sons and one daughter and we looked for thrice 8 sensible southern exit k Donnie Drae 3,000 people 8 years before we found a house that we were willing to 9 trying to get down there in the mornrng is not going to 9 buy. to work. And the only suggestion I would have is Iargar to There's not many neighborhoods like Darby I I lot sins, You're going to have a lot less people if I I Lane. You cannot find a house within the City limits 12 you have higgcr homey on larger lots. Thank you 12 that has land and you foul safe about telling your 13 Ma EN'Orr Darclrr Any questions? Thank you. 13 children run down the su%vt and play with a frknd. 14 I'm going to briefly review those cards and that apkmm 14 There's not many places that if your dog runs down the IS to be the large consensus. I have it number of candy in Is strcul that people don't call the dog pound. They call 16 opposition, people do not wish to speak. J.J. Robinvm, 16 you and say, your dog's in my yard, come get it 17 this pnposal soums to have several good quatities; 17 My point being I want my children to grow tip to gratin sraccs, parks, single-family houses. I lowcver, 18 in the same home all their lives, all their youthful 19 vacm% way too dense ror do amount of land, Please 19 lives. I think it's importanl that children have a 20 nduc'c the amount of sA-S and multi•ramily. 20 stable home, One of the things that I loved when 1 21 Joan Madsen, don't want any more small lot 21 found this house, which I found it completely by 22 homes, already plenty of those in our n ighbcxhood, 22 accident, Is that it does have the land. And I think 23 Dnnnic and Alan Lampiu, we oppose the muld-ramily and 21 that if you bring In houses directly behind Westgate 24 small lots. Maria Lewis, I opp.rse any high density. 24 that are like the little bitty ono back to back on top 23 Sam WC'ombs, no spesciric stakrtxrts givwn. Mildred 2$ of each other, it's rat going to be a safe place for me Page 194 Page 196 I McComhs, no specific statemnts, John and Vec later, I to lei my children ride their bikes down the street or 2 day oppose student housing We don't have shot 2 go exploring the little cracks or look for the 3 propo AA in this particular car 3 tarantulas crossing the road. 4 William Darby, this Is a low•dn6ty area. 4 The only thing I'm asking is that you would 5 Limit to two•storric4 Want larger lots to stay balanced S do what you would want doe for your family if this was 6 with the neigltlwrhood. Sherry Darby, aims statements 6 presented to you. Thank you 7 basfcal ly, 85 rcntmt hrick, CrvW Wright, opposed to 7 Oh, one morething, F'or the dcvetopers I 8 Nr-6 and Sr-r. ImAy Wright, opposed Io sP s and Nr 7. 8 think there is a compromise, I think that their 9 Nancy Draslvar, in favor of nothing lass than sr-lo 9 inlcgrity of W, r work, they can develop the same thing 10 Raymond and Dhmien Sheppard, similar comrtvnts to that's out there now. They can incorponite their plans I I Cecile Caron, sr l9 should he maintained, I I Into what's already there. And at that movic goes, the 12 (ancrel retail, not commercial. Density should riot he 12 people will coma 11wc's people like me that are 13 increased 05 pcreocnt brick on all structures, Susan 1) willing to buy houses, large hours on large lou. So N Prioc, I believe it to, and she has a list of attached 14 keep that In m'nd. It can work for both of us, 15 commcnls, basically, along tha cute lines. And I will IS sta. ESOR.M.CHT: ?bank you. Is thrirc 16 pass all of these around to you so you can lake a look 16 anyone else present wlto would like to speak in 17 at thou 17 opposition? Ycs, ma'am, Please give us your mama and I x sit am,sm 1: Mr C'Winnan, just a point of IN address. / 19 vianricatinn. You memtiorW that you had it card in 19 Ms. t,twvv Nty name Is hfarls Lewis and I / A 211 ttKre that rcfcnnerd student }rousing. There Is soma 20 live at 3101 Wntgotr Driver I'm exactly In from of 21 multi-family in bare and the way we have student housing 21 where all of this Is going to happen , The first house 22 defined. I guess that could be student housing. 22 as you walk Into the neighborhood that ram Westgate. 23 Nta. I Not I Darc11 r 11 would be possNe, 23 And the one thing that I want to say Is that 1 do not 24 1'e4, this is true, And I will ask, I sae hand, Is 24 work for the City of Denton in any way, but I was the N there someone cl1 who would like to speak? Yes, ma'am, 2S one that placed that sign that Mr, Alootfotk mentioned PLANNINO ds ZONING AUGUST 23, 1999 Page 193 • Page 196 143. C~ v , Coodcasellr''r Page 197 Page 199 I that was down on the ground several days, After swing I collator. And I think that the negative that may be a 2 that nobody was going to do anything about it, my 2 perceived for the alleys is actually it major positive 3 husband and 1 went with a hammer and put it back up. 3 for the stmt because it allows a better sense of 4 And every time it went down, we put it back up again 4 community. 3 1 also spend my Sunday walking around the 3 And one of our goals in this project is to 6 neighborhad Informing the people because what you 6 have The least number of walls possible so that it's 7 mentioned a while ago, what happened the last time, 7 really a knit community that sort of faces each oil= a where were you? We wv;re there. The problem is 8 and what have you, rather than backs to each other. 9 sometimes we're not told or maybe we don't know about 9 I'll come back to it couple of other things. 10 it. So this time 1 made sure that evtvybndy in the 10 As far as home value is concerned, I think there has I I neighborhood knew about this mating, And several other I1 been some concern about home value In general. In 12 people from my neighborhood helped me do this walk and 12 talking with a lot of the neighbor and sort of looking 13 give out the notiws 13 at home values in the neighborhood, I think south of 14 so I just want to say that sometimes it's 14 this property the neighborhood is probably In the 15 not that wt don't want to come, it's just that we might 15 SID0,000.00 to 5150,000.00 pricerange, The Westgate 16 not know that it's happening or it's said In a way that 16 neighborhood indicated to me that their houses go from 17 we don't understand, Some or the people In our 17 probably the 5150's to the S300's with the avenger price is neighbodttmxl was under the understanding that this was is in, say, the 5200 to 5225 range f think you'll find 19 already a dome deal and At couldn't do anything about 19 that the smallest prodtet here would probably be in the 20 it, so might as wtl l not come. So I don't think so, 1 20 5125 range, which is pretty much exactly what's to the 21 think that it's still something we can do and that's why 21 south of us. And that the averag¢ house price would 22 we're u1l bane, Thank you. 22 probably range between $150,000.00 and $230,000.00. So 23 sea usr•,I Leaortrr okay. Thank you. Is 23 1 think essentially the majority of thew lots will 24 then anyone else present who wants to speak in 24 probably have houses that arc In the 5175,000,00 to 23 opposition? Anyone else pm-k-nl to speak in opposition? 25 5200,000.00 range, which happens to be just almost Page 198 Page 200 1 In that caw, we'll give the petition oppemtunity for 1 identical to the current prices of the Westgate 2 rebuttal. 2 neighborhood. 3 N19 AlinRut'av: I don't know if rebuttal is 3 1 ildnk the rtes affttt of this will actually 4 really ale right word, I think we've lisierxd to a lot 4 be that the Westgate neighborhood prices will come up 5 of the comments that the neighhorhood bas had and we S Misuse they are on a little bit bigger pieces or 6 Dave address tit sonic of them in this plum. There are 6 property and 1 don't think that it will devalue their 7 scorn spetiif is things I think we should go over. There 7 property wfiatsocivr That's coming honestly. I don't a seamed in be a amwm about the width of structs and I e think we're trying to trick anyone with that assessment. 9 really don't think that's a problem with this plan. 9 1 think a couple of other things that were I0 R'a're hasical ty planning on following the Subdivision 10 mentioned, you know, obviously there most have born some t I Ordlnanec and whalcvtr stre\t widths an required so I I agreement that was niched ten years ago with the 12 that shouldn't be, a problem, 12 previous PD irlayhc it was, you know, a big right. 13 The alleys are only along the hack of this 13 We're not aware or that. Our goal hate was actually W 14 " of north4outh collector And the reason for those 14 educe the density which we've done and to reduce the 15 alleys is that the 0.nhn Developmenl Code requires that 15 commercial and really try to do a much moms pleasing 16 houses along residential collectors are hacking to 16 plan than I think was on this property previously, We 17 those, which would precipitate several thousand feet of 17 we Intcrestcd in sr' S lots and I think we've actually IS wall, w hick I don't think really is great Ax the ernx 19 made some concessions along those lines, which I had 19 of emmnuoily. So when we took this into the siallf we 19 discussed with some or the local politicians and they A. r, 20 actually rcquvstvd that wt he able to have houas facing 20 seem to be open to this Id sire with some stipulations J' 21 this re%idcnlial collator and actually move them back 21 And if yomt'il look on this particular 22 from the shoot 20 fat from the property line or what 22 exhibil which is page 4 that I handed out, a couple of 23 have you And the traffic guys at the staff Icvcl felt 23 things that sarlous people asked !rxi one, is that there 24 like the alleys would be a safer situation ~o you 24 would be Tt siomry walls where houses back to shits 25 wouldn'I have so many curb cuts on the resldcnliill 25 because in these patticular three tracts, beaters we are P11.ANNINU k ZONING AUGUST 25, 11999 Pt►ge 1197 • Page 200 144. t Condeoaclt' f Pago 201 Page 203 I I on an arterial for 1w0 of them, we are backing houses to I the Council members was the comment on the schools. we 2 the xtrlct, And I Suess F3emon does not have a masonry 2 did have a meeting with Todd Parton of the DtSD and 3 wal I o quirvmenl where that Occurs and we would commit 3 there would be, according to his calculation, about 250 4 to a masonry wall in those cases. Also it would give 4 elementary students produced by the number of units that 5 thou particular ncighlimbODds a little bit more of an S we have here And that equates to about 40 percent of a 6 exclusivity. And the Object of those lots is not to 6 new rIcnientary school that would be required in the 7 have really particularly smolt houses, but it could be 7 neighborhood. 8 empty-nc-iwTs or a'ot of dirfenrsl type of house a The two existing elementary schools, as the 9 product.4 then:. 9 School Doane chairman said, are fairly close to l 10 1 think that some other things that were 10 capacity. i think one is 95 percent and one is at 1o0 I I NxIM'st d wl-re I believe that the Council and other I I per=[. So I bclioe that these would be an evolving 12 parcels like this have requested pocket parks, which are 12 need for an elementary school in this neighborhood and 13 kind of a controversial thing because the City doesn't 13 we're definitely in support of that. The land developer 14 want W maintain if" things. So we've incurporaled 14 1 think is open to working with the School Board and 15 rout pxko park% in those ocighborhoo ds that you'll see 15 potentially selling them a parcel of land, jr that's 16 throughout this end the intent is that a liornerownrn' 16 what they're interested in, at basically the net value 17 Associalion would maintain those pocket parks so it 17 that they're buying it at or maybe participating with 18 gives opportunities for playgrounds and just some 18 them off-silo potentially or somdhing like that. And 19 walking space for your dug and that type of thing, 19 we're definitely epees and wnutd encourage an elementary 20 And also unlike, the rest of the residential 20 school developing in this neighborhood because I think 21 roving, we are committing 10 two stredi trees per lot in 21 it would be or bcocrit to the whole area, as well as 22 those three Dcighborhoo& And I think you're going to 22 this particular suhdivislon. 23 end up with a very high-quality sr-5 in that case So 23 So we've DPW up a conversation with the 24 kind of the combination of those things plus we talked 24 DL4D and nothing has born really particularly resolved 25 about doing those particular products as 75 percent 25 about that yet, but we're dcrinitcly open to continuing Page 202 Page 204 I masonry and al I of that has been detailed in that I that and trying to come to Borne understanding with them 7 exhibi t on page 4, So I think in response, in one cast 2 where we can essentially help them out sonoewhat In 3 we were dowrmning one of the multi-families, two 3 locating a school site either off or un this particular 4 additional 4;j I's and wv pretty much kept the aiginal 4 property, So I don't think that we're particularly S amount Iherc, so there's a rkt incmav in sr-5 but a S close-minded about that thing. And to me that seems to 6 nct decreavc in the multifamily. 6 k the most cognisant comment that I think does have 7 1 really think shut soma of the sort or 7 some real Impact. 8 whole park system and the nawrv of this Bosco of a 1 think there's some traffic concerns but, 9 norNsAluth colletor ping really a very green strlvt 9 honestly, if we participate with the City in actually In '1111 a 204001 dimension bdwltim the curb and the 10 funding, up-front funding 700 fees of this collector I I sidc'alk, if y ou'vr never cxpcrieneld a neighborhood t I that runs cast and west, which would be reimbursed in 12 like that, we've sludied some both in this mcift"Man 12 the future, I think that will relieve a lot of traffic 13 area and in otlx:r%Iike Chicago and neighborhoods that 13 pressure by allowing people to get out to the interstate 14 were developed In tlx 1920.4. you really have an 14 quicker And this developer has done this in some Other 15 incredible wnve of hearty in those type of slnvts that IS cities in the mevnplcx. And we've talked to the stag' 16 people actually do go out and walk and they don't fat 16 about doing that in this ctse where the developer would 17 like they'reahoul to be hit by s car. And it really 2 17 actual ly fund the 7oD feet of artcriat stred and then I8 think giecv wnrx Bust or a greenway to the entire 18 when the people, either the Ilutols or the people that own / 19 nciglihorhtx+d that allows them to access the park, which 19 that land adjacent to that I'm assuming they're not / A 20 ohviou~ly tlx developer would pro}whly do some 20 willing to put that In right now st tier own expense l 21 improtcmenty with the City in order tojust make that a 21 did develop, then doe City would collet those morsies l 22 more marketable situation, 22 and would reimburse Ols developer, And that ds a 23 1 think the arty in my mind, the most 23 et,mmtn form of agreement that has been worked out in 24 vlcvant cotnrncnt that has been made, and we've grown 24 other cities and I think that they're definitely open 25 this from a number of different pcrople includir4l some of 25 to. PLANNING & ZONINO AUGUST 25, 1999 Page 201 • Page 204 145. Condmelt' Page 205 Page 207 1 So with that, I guess if dare's any other 1 to be in it situation this evening where we weir to do a 4 2 qucstion4, I'll just kind of open it up to questions. 2 con[inuanoc, would you be willing to work with the 3 And I think I could take time to go through this 3 ncighbon and the neighborhood to try to learn mote 4 documvmt but essentially the reason for the creation of 4 about what sort of give and take %v might have for this? S this document was the information that we got from the 5 MA. AR7f RBuILm t think that would be a 6 ncighNwhoods, some requests for walls, for fenon and 6 possibility. 1'd like to confer with one of the 7 that type of thing. And we've had some conversations 7 development partners Wore I committed to that, s with some of the homeowners. They would like to tweak a however, 9 sonic of these things. We're open to that. I'm willing 9 MA RISIIEL: Okay. And before we get too 10 to reach an agn>Lmemt with them prior to getting a 10 far, Mr. Chairman, being we have Mr. Parton here, I I I detailed plan or going to Council. I think that can he I I don't want to put him on the spot. I would like to have 12 wcomplWed. 12 him have an opportunity to speak because 1 would like to 13 1 would really like to request that you 13 know more about the school situation in that area. But 14 seriously consider the land uses that we have proposed. 14 1 know we have some ottvi questions here, 15 1 think (hat we have actually g nc through some 17 MR. LNGELBRLCIfr: Sure, store. We can do 16 compromise beforc getting here. That was our intention 16 that after we hear from the petitioner. Ms. Gourdie. 17 with mating with the neighborhood twice. Of courr, it 17 M5. GOCILDIe: I was concerned about e 18 sounds more negative tonight than I think the last is school site, too, And I was also wondet ing that if this 19 mating we had, there was actually m comment from tit 19 Parcel )•I were to be considered, so to speak, which Is 20 rwighborlwiod They scemed, at least from my perception, 20 hypothetically throwing this out here for you, to 21 to be not opposed to the plan at all. And I think 21 increase it just a little bit, According to Mr. 22 there's htitn maybe a little bit of overwhelming unse 22 Wool folk was saying it nerds to be a little bit 23 that that's apparently multiple parocis in this pare of 23 bigger. And you've got some sr-7 up Against it. If 24 town that arc now under consideration for development 24 that whole island would be able ^ if this could be 23 and so t he fear factor of sort of dewclopment in general 23 considered that Island could Ie donated or sold as a Page 206 Page 208 1 and the mass of development, you know, could be kind or I whole parcel for the whole school. 11tat way there's 2 maylx a concem which I can understand to the 2 do you know what I'm saying? It's kind of one of those ' 3 mighborhoal. 3 things where I realire you're giving up a lot of lots 4 But I fcel like this is a very viable plan. 4 there. And I'm Just going to throw this out hoot as 5 ICs a v cry friendly plan. I think that we've sctually S just what I M what I've heard, And what I'd like to 6 down-toned tie property in this rLNiw and that wc'ru 6 see maybe ass compromise. And, of course, you have to 7 really trying to do the hest job that wr can for the 7 do it from the money standpoint. The other things is R m~ighhorhood, And, you know, cvcgonc has to realim a Parcel 0 - 9 that this northern part is backing up to very intense 9 MR ARTLRBUav, So, wail a minute, IS that it 1() commercial in the future We're very, very claw to 10 question? I think to answer, I guess, year question is I I three major - the Interstate is hem, Loop 281 and 77, 11 1 think there's a possibility that the developer would 12 and so we're basically going to he at the back of K•Mart 12 look at participating in a school site them. llis 13 at the cnd of the day and thcrv's nothing that evert we 11 communication, the partner's communication to rte has 14 can do about that. So the rvascn for some of the other 14 bar that they would prefer to sell the site to them 15 density up then, I think, pally maker sense from a IS which they've tone In some other municipalities. And 16 planning standpoint and we're actually pushed all that 16 think with the upcoming bond elation, that might be a 17 density to the north. So I'd like you to seriously 17 possibility. You know, our preference would be not to I R cdmsivor our proposal and I'll he happy to answer any 18 designate a school she and lhm have it sit there for 19 t0ct questions. 19 Icts years, se I think the reality of this really A, r. 20 MR t,Not l Lim dirt vcf. Who would like to 2u somewhat depends on the DISD, / 21 107 Okay, lvfr Risltcl, 21 And I think their problem with some of the 22 MR. Rr-0I1 L - I appreciate your effort for 22 you know, right now all their new sites arc In the 23 compromise. It sounds to me like the neighbors have 23 south and so they really don't have plans for a site up A Irett Inputting quite a hit here and you have been 24 here, from what 1 understand. And part of their problem 13 1 is1cn1ng 1 think we al l appreciate that, If we were 23 with some of the sites they have is they have no PLANNING do ZONING AUGUST 25, 1999 Page 203 • Page 208 146, 1 G I t Contlonselt, Page 209 Page 211 1 infrastructure to them and the cost to get I losing lots. And, you know, if we said, yeah, sr-do's q, 2 infrastructure there makes the development probative. 2 and then we ended up with four, I don't think you'd be 3 So, you know, I think if that was a possibility with all 3 very happy. But I think that's a possibility that we 4 the parties, and 1 can't speak for them because I'm the 4 would be opera to. S lowly planner in this case, that there would be some S Ms. e00017: And 'he other thing Is 11a not 6 possibility for infrastructure. 6 used to toeing SF-16 up apr.inSt SF-7. ttaultijust kind 7 MS. t'roURDIE: The other suggestion I might 7 atom extreme transition And is thcrcany way y'all s have is to locate a park closer to another person's t can do the flow, do it tram SF-1610 SP low SF-77 9 property, which might offset that a link bit, another 9 MR AATER]i 1 understand what you're 10 one of these agriculturals that kind of nearer where 10 saying. I think that the reality is that all these I1 it's at. " t • locate the park closer to someone who in 1 I SF- 166 are going to pretty much be facing Westgate and 12 the future might be 12 it there most likely will be it wood tenor bet*= those 13 MR. ARTF.RBURN: I'm lost. Wait, I'm sorry. 13 lots. And, to me, the way that the previous plan 14 MS. GOURDIE: I'm just saying, like let's 14 worked, I mean, I don't sec a huge difTerence, honestly, IS say that instead of this parcel being in the middle, IS between SF-7 and sflo'a backing to those. And I think 16 let's move it just to the east all the way over to the 16 when you put more volume of the SF•16`11 out onto t7 gentleman's or whoevcr's property that's in the white, 17 Westgate and we're making a 14X of other compromises 6y 1s That's an acreage that isn't noticeable. I mean, is lowering density sort of swerywhere else, that to me was i 9 someday he might decide he wants to sell and you'd be 19 the trade-off was being able to get SF-7 In this zo nn 20 able to share the land usage. 20 In a trade-off for reducing multifamily, rclocing 21 MR. ARTERBUW You said move the park back 21 commcrclal, et cetera, and adding more park space rally 22 toward, the cast, in this direction? 22 throughout the whole project. So wherras, you know, l 23 MS, ciOURDIE: Right. Towards someone else's 23 think there will be some Conversation open down here,1 24 property were you-all could jointly share in school 24 would really like to try to engage the JW and Council 23 sites. So I'm just trying to throw out different ideas 23 to try to trial ntain these sF-7s if possible. Page 210 111 212 1 for that part or and sthr parr where you might ox you 1 Ms, ax RDIE okay. I'm just taking these 2 could move open land somewhere where cvmtually it could 2 Issues and I'm just trying to throw it out there to 3 be dedw,~:ed or sold as school property. 3 trying to find 4 MR. AR7't.RBt'R.S: I .suc what you'resaying. 4 MR ARTF.RDUFN: I'm just being honest. 3 MS. oot'RDtr, The second issue Is in S Ms. oouRDm f know. I opprnia!c it 6 pres,T%itgl the neighMuhneda, I naiad that Parcel 17 6 totally. Multi-family and the density of the sRl, 7 is sF 7 and it's abutting an SF-10 neighborhood, 7 again you increased the sr-s. I realim you took down R %.f it AX I'I Rara%, 0 iv actually abutting an s the multi-family. And I have a real hard time taking I' 9 Si 7 ncighlwrhond 9 old Pox and comparing them one to the other one. Ten In nos. cKx-RDii-This other map old sr to, so 10 ycars ago Niflon was a "ally different place than it 1 1 1 gust I'm I I is now, go 1 can understand and I'm just trying to 12 MR. AR I IRUt'RS well, you might be right. 12 figure out, what can we do to like make It lest denme. 13 'fix first tier is Sr 10 and he ow that is sr-7. 13 And from your standpoint Is then any other ways 14 Ms (XX RntF: All right. N there any way 14 MR AR rERBUILM As far as the multi-family 15 y'alt could boxh,t that up to sr-lo to make that back to 13 is ancemed'1 16 back? 16 MS, WURDfE: Multi-family 4 the jr.5%as I 17 MR. AR IfRBt'RV. I think that's a 17 you call them, the hero IN lines. IS pm%ifn I ify Om, tootruitc that I rand to make In that to MR ARTERamm well, you know, it's kind or 19 Particular area is we're hat in s hydrology g study Done 19 a hard qucxlion actually. The multi-family tort, which , 20 In that particular area right now. Mw Is some flood 20 we did move to the north and we eliminated one of them, 21 plain shown in that area llowtier, the amt that we're 21 I have lxard quite a q bit of Opposition. Actually, rot 22 showing those lots, when I actually went out to the site 22 front the neighborhood initially, First the neighborhood 23 is s hi I I And so it didn't appear to me that it was 23 slit or liked multi-family and Then it's bom sat of 24 actually hornet plain. And the configuration of that 24 evolving a different direction. Then we 1novod it to the 2! pan of the site, I think, Is subject to change possibly 23 north and now the neighborhood son of doesn't want it. PLANNING & ZONING AUGUST 2S, 1999 Page 209 • Page 212 147. c Coodeosclt"' I Page 213 Page 213 1 And I realize there's been some bad blood with MF I MS. WUMIF: well, my priorities would be 2 elsewhere around the scenario, 2 to enlarge the school site, the park area, and 3 You know, from a planning standpoint, MF 3 preferably maybe put it up against anothir agricultural 4 makes perfect sense there. I mean, backed up to heavy 4 thing where we can negotiate with that landowner to 5 commercial, et cetera. And the developer would be 5 possibly participate somehow, which, of course, would 6 taking a serious financial ° I Just want to get it's 6 mess all your beautiful drawings up. But it might be a 7 a scrinus financial change when you go from MF land, 7 way to retain money and land. a which in sonic parts of the mctroplcx is 5130,000.00 an 8 I would really like to see more taimsitional 9 acre as it sale, to single-family land, which is more 9 flow betwrcn SF-16 and SF-7 and I believe the 10 like 530,000.00 an acre. There's a quantum leap there to neighborhood would like that, loo. And wherever there 11 in cash and what have you. I I is a neighborhood abutting a ncighbortiood, such as that 12 So, you know, if you made a concession like 11 sF-lo up against that Parcel 0, SF-1- again, you have 13 that, then you're asking for a school site, you're 13 the topography that you have to work with and D 14 asking for this, you're asking for that, sF-fu's, I 14 understand that. But I truly believe that when we 13 mean, it has a serious financial impact on him. I think 15 protect neighborhoods, we do try to consistently mirror 16 that one of these things is a possibility but when it's 16 one another and then we flow it in. We've been doing 17 a combination of six sort of major financial things, 11 that a lot here in Denton and 1 would like to continue is then the feasibility of the project based on the land is that trend. 1 know that tiensity is a big issue and I w price and all that stuff starts getting really in 19 would like to get a little k--ss sF•s and maybe, you 20 quest ion. 20 know, take some sF•3 and make those SF-7,s to kind of 21 So I think that, you know, as a planner, and 21 make it a little more compatible, 22 I'm sort of the go-between ncgoliator for all this, l 22 1 agrce with the multifamily that, you 23 think tlrcrc is some flexibility there from the 23 know, it's a deal that is a financial deal. I 24 developer's standpoint. But, you know, honestly,l 24 understand that. And 1 would also like to make sure 25 would like the P&Z to give me their priority list, 25 that the buildings, the commercial buildings rue of a Page 214 Page 216 I whether It's school site, elimination of multi-family, 1 certain caliber that reflect A certain style of the 2 sl-to's, and give it to Inc in an order that you really 2 neighborhood. 3 think if ilk best for the City Belause, homily. l 3 MR. ARTERnIDW Right. Our plans are 4 don't think that they could aecommotate every single one 4 subject to approval, of course, that all of the s of those request.,, s residential will be brought in a detailed plan very 6 ale. clotBnlC sight. Well, that's what 1 6 shortly, but that the multi-family and the commercial 7 wanted to hear. I'm glad you became spcrific. D would 7 would not be any iiine soon, realistically, Those 8 like In aak is that on the multi-family Is it possible a parcels would be probably held for quite a long period 9 in specify they'd k strictly a molts-family epatia ctit 9 of time until most of the single-family was developed. 1o instead of Iwo student housing? 10 So those am not sort of urgent dcvclopmcnt sites for I I. MR AR II RurR,v Yes, No problem No I I this particular developer. 12 problem with that 12 And we actually I could go into this in 13 ass, Can I)IF: No student housing, 13 more detail, we've actually dote sort of a conceptual 14 ale, AN 11 R VRN: so student housing, No 14 site plan for this commercial parcel and w'o've actually 15 bedrotvns for rent, But, you know, I think the siF, you IS set it up in such a way that it would kind of encourage 16 know, could tx considered as another land use, but, you I6 the traditional town model that 1 think Calthorp's 0 know, it's Just Ilk combination of all these things. 17 office came and spoke to y'all about, sort of Southlake 18 Perwri illy, l chink the school would be a more important to Town Square, 1 don't know if any of y'a11 have aeon r 19 thing Gam a big picture perspective for the whole 19 that project. We've worked on that project where the ! A 11 community. But, you know, I w'oOd like to Iravc that In 20 old-style downtown buildings pulled up to tiro sidewalk 2 t your hands es to wfial some rerommemdutions, what your 21 with parallel parking. They're two-stories and that 22 priority list would K And then we could take. i1 back 22 type of thing, So that was kind of how that site was 23 to Ile devclopmml partners and discuss it in more 23 act up but I don't want to that's sort of a mires 24 detail and maybe have another mating with the 24 Issue In the big scope of things. 25 tkighNOiood, 25 MS. UVURDIE: Right, Well, thank you for PLANNINO & ZONING AUGUST 23, 1999 Page 213 • Page 216 146. G r Condcnselt"t Page 217 Page 219 I hewing ine nut. 1 that wv:ll and I'm not the financial guy in this 2 MR. ARTTRBt'RN: Okay. Thanks. 2 equation, but in other markets we've worked with in the 3 MR. ENGLl.BR1,01T: other questions? Mr. 3 metMilrx with 20 units an sere zoning, some of that 4 McNeill? 4 land has been up to $150,000.00 an acre for multi-family 5 MR. MCNE3LL Have you done an economic S land. 6 comparison betwvin the old plan and new plan? How much 6 MR. Rl iim: 1'd still like to hear from Mr, 7 better is it for you to do the new plan than the old 7 Parton, if we could. 8 plan? 8 MR rNGELBRECHT: Yeah. Are Own other 9 MR. ARTERBURN. Well, I think that to answer 9 gtxvlons far the pctitioner7 10 your question quickly, I don't know if we've done it as 10 MR. ARTERI)VI N: And then possibly is there a I I scientifically as we should. I think that the reality I I chance we could get a five-minute break to maybe confer 12 1s, you know, we're giving up a lot of density, 12 with our group before we take action on this? 13 especially in the commercial. However, on the flip side 13 MR. ENGF-19RrTirr: Yeah, we're going to take 14 of that, that commercial probably Isn't very viable In 14 a break. And a matter of fact, Commissioners, do you 15 die marketplace right now. So, you know, obviously, 15 want to take it now or do you want to listen to Mr. 16 more single-family, theru's a market there, even though 16 Parton first? 17 commercial has a higher land value in the long term. So 17 MR, RISHEL: rd like to hear Mr. Paton. 18 1 think if you looked at in sort ora non-markci Is MR ENGELBRECHT: Mr. Parton, f know you're 19 situation, there's probably less of a bottom line in the 19 We as an obsener but we know that you're a member of 20 plan that we'ru proposing But lit s act of a cash flow 20 dic Starr at the school district, used to be with the 21 scenario, there's more sales available in the near term 21 staff with the City, so if you would be willing to 22 than with o bunch of eoirtmereial. So we haven't done 22 an wer a couple of qucsticaa th,t might be ptwed to you 23 really a sefetilIfie study that says one is X and one Is 21 wih regard to the school district. 24 Y. 24 MR. Isvarov: rd be happy to. 25 MR. NICN'I,111And a ncond follow-up 25 MA. LNGEIaRECtfr: Mr. RiOwl, Page 218 Page 220 1 quexlion, you alluded to this, but what would be the I MR RISHEL: If you could move off the 2 total build-oui time for this project? 2 oiler, the colored site plan arkdt put the mare extended 3 MR. AR 11.RIJI XN: we 1101esv it would be 3 silo plan area on there, and maybe we could zoom In a 4 wmelhing in a period or five to seven years for the 4 little bit, 1 have several questions. No, the one 5 residential part, and ptxtihly up to ten fa the 5 that's actually the photograph of the erica. That's it. 6 comntcrvial, 6 1 lward it mentioned that we anticipate something like 7 MR Mcsi n is tor the total including the 7 230 potential students in this area. Is that a figure 8 con inwreial• a Ian-year N-rW? 8 Ihei you gemnxted as you look at the build-out between 9 %lit AR 11 R01'I.N, Something like that, yeah. 9 multifamily and Sr-Is and svs and SF-7 and SF-101 to It dk-ponds on tlx; viahility of the commxcial, [think, 10 MR. MRT'ON. we have not secs an official 1 l you know, if this area develops as it Seems to tic, then I I lot count, or I have not. Whet we've used and what we 12 the comincreial Ncomcs mnre viable further down When 12 have shared in the owing that we've had with MLSA 13 more rxlrtnps are available. 13 Design has been our multiplier facia that we've tome up 14 MR mcm it I.: 'thank you 14 with. Our reSewch Indicates that on a district-wide IS MR LN'c i bRr(,trr. oilier questions? 13 average, we have .4 elcmerntary students being generated 16 nIA. RIS111 .r, Question. "lwn you talked 16 per each new single-family dwelling unit, And if you 17 aNiut residential acrcagc at $25,000.00 to $30,000.00 an 11 look at appraxlmalely 360 or w units In this 18 acre and multi-family at $1$0,000,00, you're speaking is dkvelopm nt, you'd be at about 230 or so ce rtary r 19 more of apanment capahiliiy that might be throe-story 19 students on that multiplier. A r, 20 or haler; is that correct? 20 MR. RIMIEL: 2s0. AS you look at the loth it 21 MA AS r1 RDLRN Two to three stories. 21 neighborhoods that arc in that Saone immediate vicinity, 22 MR Rlsfil 1, two-story which we're limited 22 which is the Coffcy division and the Wtetgate divisions 23 to here, IS that right? 2) and whatavcr else, can you tell the approximately haw 24 MR AR11 RBI RN, Well, Still I'm not saying 24 many Stadkette W In there now? 25 speciPcally in Benton because I don't know the markets 25 MR rurov, off-hand I couldn't tell you PLANNINO & 7,ONINO AUGUST 25, 1999 Page 211 • Page 220 149. r (andcnscltr" Page 221 Page 213 1 exactly' what that student count would be I accommodate 1,000 students. In a high school, about 50 4 2 MA Rlsimt Part of the density though of 2 to 55 acres to accommodate 2,000 students, 3 students that we have in there is because of the 3 MR. RISHEL: Thank you, sir, One more 4 availability of housing and the pricing in that price 4 thing. Have you had a chance to talk with the developer 5 structure. Would you say it's in excess of 350? 5 about his potential Idea of perhaps working with the 6 MR. PARTON: I would say probably fewer than 6 school district and finds a way to make what 11 7 that, I'm going back on memory, which is verydangerous 7 currently their park area or some part of that 8 bRauw it's been probably six, eight months since I've 6 subdivision available to the schools? 9 looked at that, but I would say you may be looking at, 9 MR. PAATON. we had a preliminary mating 10 assuming a couple of hundned honks in there, about to, 10 and we didn't get to that level of detail. Basically, 11 75 to 80 students coming in there. But, again, off my I I I'm sharing some our Force" Information, what we we t2 head memory trying to go back and looking at t!iat In 12 in some of the long-term needs for the facilities and 13 last school year, 13 kind or looking at when we are with the enrollment at 14 MR. RIsIH L: But it may be higher? t4 our other, specifically two elementarles, Evers Park IS MR. PARTON: Potentially It could be 15 LIcrremtary and Raynor Elementary, Evers being at about 16 lower 16 100 occupancy now and Ray" 17 MR. RIS111 t. And then we have the area o u 17 MR. IHSHEL: now many students are at Even? 18 by which is Darby and whatever else where we have is MR. PARTON. Well. about 575, $80 M Xknt$ 1 19 Mrs. lorry who has four chitdrem I'm sure not 19 believe Jere. 20 everyone's not like Mrs. Perry. Fortunately, there's 20 MR. 11151aE1-: And how many potable buildings 21 some bdr Johrtsrots and Mr. William,"s in them, But my 21 are on that campus? 22 point is that thee's definitely the support, if that 22 MR. PARTON: I believe we probably have 23 was a neighborhood scho 1, to be able to houx, as we 23 ahmt four or five potables at that campus right now. 24 have done in our school district, 650 to 750, 800 24 Me LNGEI,BRECNT: Any other question, for 25 students In s houvc And it's probably, by the time you 23 Mr. Parson? Is this I know that sometime back there - Page 222 Page 224 1 do build-out on that what that density would be if we I was discussion of, and it may have bar in 186 when that 2 didn't have any further development and the other 2 zoning cave cane up, about a possible school site up in 3 development that we have bct h,mn the Westgate 3 this location so ewikve 1s this a location that the 4 subdivision and Bonnie Brae that's fast coming online, 4 school district Is considering or would consider? 5 this is probably another couple of hundred studcras In 5 MR. PAWMN: I would say that this would be 6 there; "'cold you say? 6 an area that would be ideal rr- an elementary location. 7 MR. PARTON. Yes, sir. If you look at what 7 If you look spaciously, out distance separations between 8 our current district guidelines are in terms of the s Evers Elementary to the cast and Raynor Llementary down 9 design standards we have recently adopted for 9 to the south, probably a little bit over a mile 10 c1cmcntary, we're looking at a functional capacity being lo separation to Raynor and a mile, a little less, over to I1 681 elementary students. I I Evers Park And when you look at the in-rill 12 MR. RISM L', per school? 12 &clopmenl that's likely to happen In this area, it 13 MR. PARTON: Per elementary school, That 13 looks like it would be a goad targ,3 area for an 14 gives us a total cupacity of about 7$0 students. Our 14 ckmcmtary. 15 functional capacity, how we define that is what the is MR. i,NGPt.BR[firr: All right. We could still its ideal student, the most efficient student using that 16 the neighborhood could use this as a park, as well as t7 structure would be, We decided to oversize them a 7 as the school with the 15 acne, le little bit for fluctuation in class size. is MR. PARtON: Conceptually, we'd probably 19 MR. RISUI L. I understand. Review with me 19 look at a conecpt like what we did with the preserve at A r. 20 again "'hat we anticipate for ideal size for a piece of 20 Pcran Cork. That being to economize the public ux or 21 property for an elementary school, it mlddic school, and 21 the L.rd, trying to accommodate park land, gmbett 12 a high school. 22 arras to provide activity also up to the elemumtnry 23 MR PARTON, Ilententary school Ideal acreage 23 school site And quite honestly, looking on a donation 24 would be 15 acres to sen'e functional capacity of 681 24 "moat process to Iry to make thw happen. 25 students, Middle School, 25 acres io serve or 25 MA. ENGLh.9RrVM All right. Any other PLANNING & ZONING AUGUST 25, 1999 Page 221 • Page 124 I50, 1 C' Condcnaclt"s Page 223 Page 227 1 questions? Thank you. Commissioners, do you want to I development. 4 2 take a short break before we bring the pctitiuler back 2 MR. ARTERBUR.v: I'm not sure if that's my 3 at this time? Everybody take a break and talk a little. 3 view. I think that's the staffs view. In order to 4 Okay. Very good. We'll take ten minutes. Thank you. 4 have the houses fact tae residential collector, which I 3 (Break taken) s do think is Important, but I would rather have them face 6 %IP ENG116AU"T: At this time we will 6 the collector and make more of a community than having 7 nconvena the nhh•ting, We are at the rebuttal stage of 7 walls for 2,000 feet along the collector or fences. 8 the public hearings and we'll let you continue at this 8 MR. AIOA616 Okay. I' II ask my question of 9 point. 9 staff them. 10 MR ARS'rROURN, I guess arcr conrenring 10 MR. MCtsULL 1 have one follow-up one I I with sonic of the development partners and what have you, I1 Those alleyways would be the entrance for the garages, 12 me would like to ask for a continuance and i think our i2 it would be rear entry garages; is that right? I ) goal would be to y to meet with the neighborhmd 13 MR. ARTERBUIW. Now, that's just on the 14 again, And I'm not sure absolutely that the 14 hours that arc along the collector. Is tutighNwhncds' priority list might be the same as yours is MR. MCNFILL: Yeah, right. 16 or the City's. So if thcr:'a some way that sonic 16 MR. ARTERBL'R.\: That Is my understanding. 1 17 consensus could be built, I'm not sure how that would 17 think it's a sarety lux with the number of driveways i8 happen actually and maybe wt should have a workshop with 18 that cnkr the collector, essentially. 19 y'all or something. And in the meantime we'll have 19 MR. ENrort.eRrcmT• Are therm other questions? 20 another nw, Ing with Misr) and we if wm can figure out 20 Before you lave I had just a couple or commcats, I'm 21 tame reality to that situation. Anyway, I think that 21 not sure I have any questions yet, And I did attend omen 22 would be our request at this point. And and I don't 22 of your meetings. And as I said at that meeting, One or 21 know when the next P&L rutting occurs, but we'd like to 23 to things I did like about this plan was the location 24 get on that Agenda if possible. 24 of the park and the sire of the streets so that it would j 23 _ MR ouNAI rnoN: %tpicmher 8th. 25 allow most of the residents and virtually all of t e Io Page 226 Page 228 I MR. ARt'I RBt•RN: At any rate, that's Our I access this facility rather quickly and on foot. 1 2 W4WO and I'll leave it up to y'all. 2 don't know that we've seen that in too many 3 Ma. ENOOt BRrrnr: All right. ba ne check 3 developments. And pan of that is tial to that issue of 4 In set if there's any Commissioners who have any other 4 the way you put that collector through there and s questions for you before you step down. s designed it with the alleyways. And I recognlm that 6 MR RIsm t, 1 don't know if I'm going In 6 there are pros and cons to alleys. It seems to me that 7 the same order that Ms. Gourdic talked about but I knew 7 in this particular case there arc the pros outwrigh H that %ehook am going to be a priority for ourselves a the cons. 9 amt for the neighbors in that area I think density in 9 1 live In the nteighbe rhood very close to one lo general is soon thing we're ImAing a1. I think the 10 that has an alkyway, at (cast on one sidc of the I I mulri•fumily is in question in a lot of our areas In our 1 I strut, and overall it seems to have waked pretty well 12 community and what we're going to do with that. And l 12 Keep In mind that none of these are very long bocwse 1) know I hat's a tougu question for a developer And 1 13 they run - it's showing crossing those stroll but, in 14 think that slv tee's and SF to's are going to be their 14 essence, there's only three or four lots on an alleyway 11 pMrmn,v And I think %h en you can show the 13 before you cross arwder street, So you actually gd o 1 16 neiglihni9uhds and renuwe some of the unknown factors 16 a stmt roNT quickly We not a long, long 17 nut, mdyhc Ile value or the houses that you're going to 17 alleyway. And the tale I'm familiar with is much longu IN he &%cloping and the sin of those houses and why 18 than this and still works relatively well, So I'm real / 19 smaller lots sirs might work fix you and still work for i9 I really do like that aspect of it, the way ail or A 20 them And the la tinhnl of th st, that's oln to 1e 20 that was dtwi p g g gnat and laid out 21 the critical key. And I'll leave it to to other 21 1 have a concern because what we're seeing 22 C'ommissioncrs 22 It a concept plan, and 1 don't know, but I would want to 23 MR I N011 11111011: Mr MOM-MO. 2) sue this as some aspect or the cono c;it plan so that this 24 MR. Motti so lust ow qucstlon. Tcfl me 24 property isn't rolled over in a couple of years Were a 21 again why you rwl that alleyways are Important in this 25 dclolled plan Is brought forward and would radically PLANNINO & ZONI NO AUGUST 25, 1999 Page 225 • Page 228 IS1. r, Condenseltly' Page 229 Page 231 I I change all of this or whatever is ultimately decided on. I that's, l guess, is what makes me uncomfortable. I'll j x 2 l think you have heard it seems the comments tonight 2 let you-all figure out how you might deaf with that. I 3 then was great concem for the density Issue and I 3 MR. ARTERBCRN okay. We'll try to resolve 4 urukrslund that. I'm still wrestling with that one from 4 that somehow, 3 a number of different pcrspec'Iivcs and I think we all 5 MA E1'GE LWOIT: Any other comments rot the 6 probably arc. 6 pcti:inner? okay. 7liank you, sir. 7 71ere was also a comment about the sr. 16 7 MR. ARTERBUKM Thanks very much rnr your 8 across from the ore-acre lots, and I have some 8 time. We appreciate it, especially at the late hour. 9 susplclons about how that came out in the last Po. 1 9 MR. RISIIEL: ExCLIX Rte. I just want to make 10 want to point out that the old Po has a Section 4 that 10 sure you're the discussion you beard on roads and I I I'm going to ask Mr. Dunk to address in just it few I I streets from our people and the neighbors up facie may be 12 InorT nt% from a legal perspective It appears that you 12 a differcrit discussion than what you might be hearing 13 have about 2. someuhing units per acre in that sr16 13 from staff and I don't you're going to have to 14 area. You had 40 honors 40 lots in 32 acres. 14 evaluate that comment and where those are coming from. is MR. AR I'I: RBL'R.N in 19 acres, you nvanl 77e 15 1 think the general feeling of die meetings that I've 16 Sr 167 is been to involves a lot orcititcns and that may be 17 MR. I'. Not LnRrOf r: The sr-16 is 19 acres? 17 subject to change. The citinns are leaning toward is MR. ARTI-RHURN: Right, 181. is trying to recommend blow, wider stmKway's and I know 19 MR. rsta iAArctfr: okay, 18.2 amen And 19 the staff may not be In that same position. 20 they %%crv rcwuestinil one acre will, I would ask that 20 MR. ARTEABL'RN: Pursuant to the new 21 you might kind of hook at where there's some middle 21 comprehensive plan? 22 ground them as one personal request. And I think that 22 MR. RisliLL! Right. 23 will wrap up my commmts, 23 MR. ENGELBK11CF1T: Questions? Commissioners, 24 MR AR1IABI'RN: I have a question based on 24 there has h an a toquest that we continue this. if that 25 your comments. This particular plan would be the actual 25 is the desirv or the group, then I'm not going to close Page 230 Page 232 I concept plan, which is more of just a zoning plan. Is 1 the public bearing yet and we could simply there 2 there something specific that you would like to see 2 could be a motion made and we could continue. Before wt J because, you know, the staff is really not looking at 3 do More we move on that, I have a question for Mr. 4 this. So haw can we make you more comfortable? 4 Bueck. I would ask him to eddnoss Ue Issue of Section s MR. I N( LDRICIM well, you have indicated 5 4 or ordinance 86-101, which is page 14 in your backup. 6 on this the collector and the arterial, but I'm not sure 6 It say's that the approval of a district as 7 that de collector on this, for example, ensures that 7 provided for here and shelf not and is not Intended to 8 you gel the collector as you're envisioning it or as 8 he dcemcd approval of any particular land use In such 9 you're projecting it to us with the 20-foot on t,c side 9 districl, but shall be, construed only to mean that those In and the trees and that sort of thing, to proposed land use<as pro%ldd for herein may be I I MR. ARTIRDURN' Maybe we could detail that a I I considered as possible appropriate uses rot the district 12 little heifer or we could include it In that write-up or 12 at the time the comprehensive site plan Is submitted ii Afiaicvcr. I think there's been sonic concern from the 13 thertorm The approval tbervor being based upon 14 staff about commitments to street widths and everything 14 relevant factors, et cetera, a nscra, ct octem Mr 15 at this point because 1 think, I guess that's still son 15 Dueek, what does that really translare to us in English? t6 of actually in a scenario where the staff Is really 16 MR. eurix well, it looks like they don't 17 evaluating those in a bigger picture. That was our 17 have much toning there, It hooks like they have a Pa 1 e intention and we could put it on the plan if w'e're so IS but I think %hut N's saying Is that the way it's drawn I9 dircclcd by staff. t9 on the roe that they shouldn't lake any cmervie faith A 20 NIR, INO ORICI IT: The other aspect of that 20 in the fact that when you bring the comprehensive plan 1 ; 21 was the fact that the way you have your layout on your 21 in for your review that you w'on't change those amounts, 22 detail plan allows to quick access to that park Kvause 22 In Mher words, if it was ten acres 21 of the street layouts you have, which is really good. 23 Multi-Family, you might change It to rive acres. And if 24 And the concept plan, unfortunately, doesn't ensure that 24 thane was ten acres of sr 10, you might change it to 25 that would be the sort or detail that would be there and 25 five acres or sr-1o. The thoay behind all this and I PLANNING Sc ZONING AUGUST 25, 1999 Page 229 • Page 232 152. c I I Condcnsch"' Page 233 Pave 235 j 1 think where you're coming from is that moss of the last I buying{ that we probably can't win W1rat we don't krk w s 2 true revisions of our Pp8 occurred in 1991. %Um you 2 Is how far you can go the othur way, Certalnly, you 3 look at our Zoning Code, in 1991 we mark wore prcuy 3 can afroo the density probably less dcrsse than what's 4 subslawial changes to that, 4 there. And the issue is how many less dense you can s When people come into you wi+h the PD that 3 gut. We can't give you any guidance as long as what 6 was a Planned Duvelopmirt as approved by this P&Z and 6 you're doing conform with the 1988 Denton 0.•velopment 7 the Council affix 1991, when they come In with an 7 Plan and so long as there's a rational basis ror what R amended concept plan, if you don't like the amended one, a you're doing And you've had a lot of kstimony tome 9 will, the theory Is you vote it down but then the 9 in, the school district things, those kind of things 10 original concept plan is still binding, They can still 10 help trying to work through what you're trying to do on I 1 came In with the dLtailcd plan based on the old concept I1 your tuning. 12 plan. 11e imprccslon here that you get from this 12 But 1 don't want to belittle the fad that 13 langunEc is that they don't have a Int to gamble with 13 there's something they have to have, even though this 14 In other words, if they wanted to come in with a 14 Section 4 in other words, Section 4 scented to say, 13 d.Kailcd plan based on the original concept plan, you 15 wed I, we went on far throe scoiorns and we may change 16 can pretty much al moil ignore it, 16 our mind. 1 think the courts arc going to say when you 17 And the main Issue for that is the Vcstcd 17 spend all that lime talking about in the prior three 18 Right Statute that just went into effevi again, remennher 18 sections what rights they have, they've got to have some 19 that we were worrieed about. We had kind or a two-year 19 kind of rights But I hope that answers it for you. 20 window' then; where we had a tittle more leverage, That 20 MR. LKGELBRICR'r, Yes, thank you. 21 act itself, I believe, look effort in 1997 and when they 21 MR. MCN'FILL: Now, you've raised a question 22 readopted it this year, they made out like It was 22 in my mind. This, what I call their fed drawing, I 23 retroactive to wfxn it cxiste d before Well, this 23 thought prior to your discussion, your legal opinion 24 ctmcepl plan here was approveed prior to '87 w thcrc' , 24 there, thin the owter of the pnWrty could come in and 21 real timstion does it even court under the Vesta! Rights 25 start turning dirt on this plan without any additional Page 234 Page 236 1 SWute. I approval. 2 And then titerc's also issues about 2 MR 0170 K' No, no. They have to have ■ 3 salidalion slave, which means that anything we did 3 detailed plan. 4 irregular back then to the extent it could help the 4 MR. MCN'ER.L' 7Dey have to have a detailed 1 City, it's been validaled and we ought to be able to 5 plan in addition to it. 6 n4y on thal Now, those am the plu" But what 1 6 MR. RUCtAi 7hls is Just the concept plan 7 okm't A ml you to lose siic of Is, the bottom lime thing 7 MR, MCNLiLLr Whim they carte with the 8 i4 That il+c taw assuntes under the Zoning D'nabling 8 detailed plan than is what you're saying would occur. 9 Statutc that you did umething In 1986 You had to have 9 The Council or the Commission could modify the detailed to done wowthing when you did this, and the count arc 10 plan? I I going to try to rind serene weight to this, And w what It MR ouc t x. Right, 71x detailed plan will 12 that means is Is that as you're hoking at revising 12 even have more delaii than this, 13 this, you reed to try to und:rvland what w'as happening 13 MR. mcmlLL: 1 understand that, 14 Hero and gi1'c conk VVOCIIe to what occurred. You have 14 MR. sucLx: w the concept plan, and this Is 11 11w right to massage Ni because in 1988 you adopted a 11 elk ru sod concept plan I think It what you're looking 16 new comprelensile plan m+ you need in give weight to the 16 al. So if you approve that ronacpt is that the 17 new comprOwnciw plan over w'halewr happened back Ilkn. 17 original? I8 But I Think the tlaory would he is, may you i8 MR. LN'GU BIlLcN'r' ?fiat's the original. r 9 wanted the worxt case uenario, and some of dk 19 Mk RL'CIAx Vcs. The theory Is that based f A 21) people uAcd for that loJuy, %Vcll, we'd really some 20 our this Section 4 th ov's real qucslhms to how much of f / \ 21 c+f the praple would like m have ork•ecrc lots. Well, 21 that has w'xlght. You can make some modifications to 22 to he vnc•aerc lots it would have to be yomcd Ag We 22 that, The question la to what degree. But the cod 23 know it's cored Pb we know if you cane In here and you 23 result Is before they can move any dirt, they would have 24 told the developer come back with one-acre IMS for this 24 to convvrt that ctmecpl plan Into It tktailed plan and 25 whole thing, wu know that that's litigation you're 23 teen they would have to come in with that plat even to PLANNING & ZONING AUGUST 23, 1994 153, Page 233 • Page 236 3. a • _ Condenecll Page 237 Page 239 1 follow through with that type of issue. 1 anyone's throat. Thal was nevkr our Intent as many 2 So I guess the corm I'm saying is I think 2 other developers have done. But the vsguenea of this # 3 the safest way to look at where they are is to look at 3 is sort of disturbing and it sort of asks the question 4 your 1988 Denton Development Plan and look at what 4 that if we get a concept plan approved through Council, 5 they've conic In with and ace whet density changes you 5 does that have any value to it. 6 can make that complies with the '89 Plan and pill solve 6 MR. SUCEK: If what you're saying if you 7 sonic of the problems that the neighborhood is raising 7 have your new plan, what you're voting on tonight or I that have merit to you 8 whcncver we vote on it goes to Council, now that plan is 9 MR. R1SFIEU chairman Fngelbrecht, l know 9 going to conic under the new Vested Rights Statute and it 10 Mr. Duc'ck earlier was rasing you about the length of 10 Is going to have sonic concrete about it unlike the I I time that we spend as opposed to last week where we had 11 existing one. 12 another temporary chain,are In there and I'm beginning to 12 MIL AATERBURNN: DCing naive to the real 13 understand why because the other chairman didn't ask Mr. 13 estate law as I am, I'd I;ke to gel some more clarity 14 Neck nearly as many questions 14 maybe on that particular h•stie. 15 MR. BUCEKr Point well taken. 15 MR ENG5LBRECHT: i just want to say 1 16 MR. ENGELBRECHT. I don't k-,ow that we've 16 brought that up because we normally, and we did In this 17 had a Section 4 before. This Section 4 sort of changes 17 backup, we got a comparison between tx old PD and the IS the comparisons for this ore. Well, okay. We're back is new request, And then there's been discussion as we 19 to the issue of there's M cn a request for continuance 19 watt along about how it relates to r!,e '88 Plan end how 20 to the next meeting. 20 it relates to the concept plan. Put this Section 4 in 21 MR. ARURVALM Is it possible I could ask ■ 21 my mind changes the rules under which wY operate such 22 legal question King kind of In the dark here? 22 that I don't think a comparison of the old plan to the 23 MR ENGrtPrOIT: I think that would be 23 new plan has as much weight or meaning for this 24 appropriate given as much as we've Some around with 24 particular parcel of land wdth the way that ordinance is 25 this. 25 written few that PD as others have. And I wonted to Page 239 Page 240 1 MR. AN I IADURN, Not 10 be I guess critical, I just bring that and make that clear, Okay. We've had a 2 but your answer is rather vague Am I to understand 2 inquest for a continuance. 3 that the roning In place, the I'D that's them is sort of 3 Ms. (WRDW I move to continue this to our 4 negoiable still and if wee do another PD concept plan, 4 next treating on September 8th. 5 that that's furthcr negotiable? I mean, it's very S MR AISHEL: second, 6 confusing and I guess, ) ou know, in discussions with our 6 MR. ENGELDRECNT: it's been moved and 7 nal esiate attorney, they basically said that Texas 7 seconded to continue, Any discussion on the motion? s law, csventiatly zoning runs with the land. And my 6 Vote please. Motion curries unanimously. 9 interpNtation of that would be that you could take that 9 1 lu concept plan, bring In a detailed plan, which other 10 a publ a to I I dcvclopors have done in Denton, and you'd have to I I City Co naming the reronIn 3 acres roe m 12 approve it, unless you just put them through bell. And 12 Agriculi=4 ogle-Family 7. T roperty Is I I that's not really our lntcnl in this thing. hut, you 13 loceed on the side of Rya d, approximately 14 know, the vagueness of this it should be snore black 14 1,320 fat west o 1e Immediately wesl of 15 and white it stems like from a kgal standpoint so maybe is Ilickory Crock Ilel n. The proposal Is to 16 we could get sonic further clariricadon on that 16 develop a single-family loin with a minimum lot 17 MR. OVO K rat foe if you want to have 17 ON of 7,000 square tat ~is time I'll open 19 your honky call. Out he sure you provide him that 1I the public hearing Mr. provldc us with / 19 ordinance because that Scctlon 4 that's in there, it's 19 the staff report. / A 20 unlike any I've inn In any of the other two cities I've 20 MR. AEE nk you And at me I'd 21 worked at before 21 like to hand me additional p 22 MR. AArFAWA\ I Wonder if At could get a 22 responses Ih ff has nteeived. The subj Y 23 copy of it because I don't think we've ban given a copy • 24 Is locatod south slek of Ryan Road In two 24 by anyuric. But I'd like to get some clarity on this 1 24 existing eloped site; one partially devetope 23 mean, honestly we'm not trying to cram that plan down 23 being t the west and that is the Ocod Samaritan PLANNING do ZONING AUGUST 25, 1999 Pag6 237 • Pogo 240 154, i ATTACHMENT 3 i AREA CALCULATIONS FOR -99-061 (Smith Tract PD•115) A. TOTAL AREA (Site and 200' Notlce Area): 302.24 Ac I B. AREA OF SITE ONLY 234.28 Ac C. AREA WITHIN 200' NOTICE AREA (A • B) 71.95 Ac 1, PROPERTIES IN OPPOSITION Locatlon I Add rats Arat• 3327 Westgate 0.77 Ac 3321 Westgate _ 0.77 Ac 3311 Westgate 0.78 Ac 3301 West ate 0.69 Ac 3221 Westgate 0,69 Ac 3211 West ate 0,70 Ac 3201 Westgate 0.72 Ac 3109 West ate 0,72 Ao 3101 Westgate 0.79 Ac 2901 Flad er 0,72 Ac 2512 Coffey Dr, 0.22 Ac 2504 Coffey Dr, 0.23 Ac 2500 Windsor Rd. 2.08 Ac 3015 Bonnie Brae 4.29 Ac Total Area In 0 slWn 14.15 Ac • kom or poperty wlthh 200' or tvCO pVorty 2. PERCENT OF NOTICE AREA IN OPPOSITION (11C) 10.87% Ceccvurro Be. LCA Dail; Ocrone 10,1000 155 J 4 I P, NORTH Z•99.061 (Smith Tract, PD-115) fATV SMITH TRACT - (PD-115) s~ J _i w a ti i LIMIT OF 200' NOTICE ' 200 FOOT OPPOSITION MAP i' 200' Legal Notices sent via Certified Mail: 29 500' Courtesy Notices sent via 1u Class Mall: 90 Number of responses to 200' Legal Notice In Opposition: 14 In Favor: f J Neutral: Q / ' A Percent of land within 200' in opposition: 19.87 L ganda Date: August 25, 1999 8 cale: Non 156 t. ' t, 1N lGL 1 Oll ANpIOLA DsrAtlnF,t Mj„ Ml UI.DM~M YI ATTACHMENT 4 e ORDINANCE NO. I i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO.86- 101 TO PROVIDE FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 230,287 ACRES OF LAND GENERALLY LOCATED NORTH OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-061). WHEREAS, on May 20, 1986, by Ordinance 86.101 the City Council approved a change in zoning for 239.17 acres of landed to Planned Development 115 (PD-115) Zoning District, as more particularly described therein; and WHEREAS, MESA Design Group, on behalf of Interrnandeco, Inc. has applied for an amendment to the concept plan for Planned Development 115 (PD-I 15) containing 230.287 acres orland; and WHEREAS, on October 13, 1999, the Planning and Zoning Commission recommended approval of the amendment to the concept plan; and WFIEREAS, the City Council finds that the new concept plan will be in compliance with the 1988 Denton Developrent Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE, I I THE COUNCIL OF THE CITY OF DENTON HFF:F.BY ORDAINS: SECTION 1, That Ordinance 86.101, providing approval for the rezoning of 239.17 acres to Planned Development 115 (PD-115) zoning district and the original concept plan for said district, is amended by the approval of a new Concept plan, for 230.287 acres of land, attached hereto as Exhibit "B" and incorporated herein by reference, and more particularly described In Exhibit "A", v, hich is attached hereto and incorporated herein by reference, subject to the following conditions: 1. That development regulations and standards as are identified in Exhibit C. 2. That 73 % of all exterior walls of all residential buildings be constructed of masonry. 3. Non-residential lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky, rf a , SECTION 2. That the provisions of this ordinance, including Exhibit B shall govem and control over any conflicting provisions of Ordinance 86.101, but all provisions of Ordinance 86.101 as they apply to the remaining portion of the PD-l 15 zoning district land use regulations not herein amended, shall continue in full force and effect 157. ` J 1 (1 P. 61rsW Qd.+k~'wi w.Y1 MbMAMU V 1 i i SECTION 3. That a copy of this ordinance shall be altached to Ordinance 86-101 showing the amendment herein approved. SECTION 4. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense, SECTION S. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. 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 BY:_r c~,eeV d'eq of I r A 1 Page 1 158. c c, EXHIBIT A FIELD NOTES 230.287 ACRES BEING oil that certoin lot, tract or parcel of land situated in the F, Batson Survey Abstract Number 43 and the N. Wade Survey Abstract Number 1407, in the City of Denton, Denton County, Texas being all that certain tract of land conveyed by deed from Penry W. Beckman and Gerald J. Lofountoln to John Linn Smith and wife, Dorothy Smith and Dillon Francis Smith and wife, Earlo Joyce Smith recorded in Volume 3071, Poga 88, Real Property Records Denton County, Texas, and being more particularly described as follows: BEGINNING at on iron rod set for corner In the west line of the i R. Beaumont Survey Abstract Number 31 and In Bonnie Brae, a public roadway, sold point being the northeast corner of that cerloin tract of land conveyed by deed from Life Tabernacle Church of Denton to City of Hope Church Ministries or Denton recorded under Clerk's File Number 97-R0014615, Real Property Records, Denton County, Texas; THENCE N 89' 51 ' 29" W, pass at 454,88 feel the northeast corner of that certoin tract of land conveyed by deed from John Linn Smith and Dillon Francis Smith to Billy 0. Harvey recorded in Volume 593, Page 33, Deed Records, Denton Countyy, Texas, poss at 906.88 feet the na•theost corner of that certain trod of fond conveyed by deed from Clinton W. Twoddell and wife, Elizabeth Twadell to Joe G, Wright and wife, Joy Wright recorded in Volume 614 Page 500, Deed Records, Denton County, Texas, pass at 136637 feel the northeast corner of Westgate Hills North Phase III, on addition to the City of Denton, Denton County, Texas occording to the plot thereof recorded In Cabinet P, Page 43, Plat Records, Denton County, Texas, a total distance of 27~ 7,74 feel with the north line of said City of Hope Church, Harvey and Wright tracts and with the north line of said I Westgate Hills North Phase III to a nail found for cnrner in Westgate Drive, o public roadway; f THENCE. N 00' 07' 46" W. 2906.20 feet with said Westgate Drive to on iron rod set for corner; THIINCE N 00' 30' 11" W. pass at 474,43 feel the southeast corner of that certain tract of land conveyed by deed from J and L Partners to Rancho Vista Development Company recorded in Volume 2655, Page 465, Reol Property Records, Denton County, Texas, a total distance of 1348.13 feet with said Westgate Drive and with the east line of soid Rancho Vista Development Company trail to an iron rod found for corner at an inner ell of sold Rancho Vista Development Company tract; THENCE N 69' 45' 35" E, pass at 377,1 feet the southwest corner of that certain tract of land conveyed by deed from B.F. Johnson and Willie Mae Johnson to Debra Johnson Morgan recorded in Volume 3245, Page 809, Real Properly Records, Denton County, j Texas, pass at 615,1 feel the southwest corner of that cerlaln tract of lond conveyed by deed from H.R. Perot Jr, to Hillwood f r'. land/Denton, Ltd. recorded in Volume 2470, Page 690, Real Properly Records, Denton County, Texas, pass al 1906.72 feel the southwest corner of (hot certain tract of (and conveyed by deed from Shaul C. Boruch to T.I, 239 B Joint Venture recorded in Volume 2432, Pace 21, Real Propert Records, Denton County, Texas, o total dislonce of 275931 feet with the south line of said Rancho Vista Developpment Company, Hillwood Lond/Denton and ?,1, 239 B Joint Venture trocls to on Iron rod found for corner in said Bonnie Brae rind in the west li in of Ih. N MolsonhelmPr Survey Abstract Number 810; 159, ' Lr THENCE S 00' 10' 35" W, 1902.57 feel with sold west fine of sold Meisenheimer Surve and with said Bonnie Brae to on iron rod set for corner, sold point being the northeast corner of the remnant Sm thoand wife, Eorla JoycedSmithelo John deed Smith and wife, + Dorothy Elaine Smith recorded in Volume 1487, Pogo 74, Real Property Records, Menton County, Texas; THENCE S 69' 56' 37" W, 988.35 feet with the north fine of said remnant Smith troct to on Iron rod set for corner, sold point being the northwest corner of sold remnant Smith tract; THENCE S 00" 13' 25" W, 1448.49 feet with the west ling of said beingotheSsouthwesttcorner ofnsold remnant Smith,trsact;poinl THENCE S 89' 30' 41" E, 61.16 feet with the south line of said remnant Smith tract to on iron rod set for corner, sold point conveyted nor d edsfrom LyrndaltCorey to Eric FUMertonnand spouse, Marta R Fullerton recorded under Clerk's File Number 95-R0008696, Real Property Records Denton County, Texas; THENCE S 00" 48' 12" W, 237.62 feel with the west line of sold Fullerton tract to an iron rod found for corner, said Faint being the southwest corner of said Fullerton tract; THENCE S 89' 1F 59" E, 898.62 feet with the south line of sold Fullerton tract to on iron rod set for corner in the west line of sold Bonnie Brae, sold point being the southeast corner of sold Fullerton tract; ,80 with s BonnieE8reeOand4withOthe.east tin fofisold Fulertonstract to ood chain link fence corner for corner, sold point being the northeast corner of sold Fullerton tract; THENCE S 89' 31' 20" E, 29.71 feel to on Iron rod set for corner in said Bonnie Bros and in sold west fine of said R. Beaumont Survey; TENCE S 0' 10' " W, 916.46 wi sofd west line of sold RHBeoumonttOSurrveySand with soldeBonnie Brae to the PLACE OF BEGINNING and containing 230.287 acres of land. i 160. a U EXHIBIT B I Parcel 8 I PD Parcel C 11.43 u 1 1 . Parcel A .C*Tfmftw Ono 3$ Parcel D i eF2 II Ier I 1Re1*e. H 1 Wntptla ~f.1 MRS • 'e.e3 ! Su " Parcel E SF-16 • 1 U? I M M • r. M Ila aa_ ar or or ar r r r r . • i 7!1710!C_ L r M • Af r • I'1 W.. M Parcel F aFa 163.01 k a I a F•1 A ry 24 MrYFl11 M1 Kit ~ IA'l! N.M . . IIWI we g~PF~aprpceell J 1+s2 is ` PO . r' :A \ -.~,..k , . SF•10 A I . A A 1l~ t~s-r3 SMITH TRACT o0*•laN. bN PrepeN Zoning Plan c: EXHIBIT C THE SMITH TRACT PLANNED DEVELOPMENT DISTRICT PD ff1IS a DENTON, TEXAS MTRODUCI70N This Plauoed Development District looted between Boonle One Road and Westgate Roil, south of Highway 77 in Northeast Denton is the taint of land planning for a mined-sew meeting the mutual goals of the City of Denton surrounding landowners and developer. Land Use Pisa The land use plan falls within the guidelines or the current eomptebensive plan and follows the proposed density model and planning goals for the sew Denton Comprehensive Plan 1999.2000 prepared by City staff. Commercial Dtatrlel The Commercial District U set up to encourage traditional town planning for historic Teas towns which have retail and office buildings at the frost property Use with pedestrian oriented sldewalks and parallel parldng in front of the buildings, Large parting lob would be encouraged, but not required to be placed behind the bwldisgs. Street Infrastructure The street plan for the Smith Tract incorporates an East/Wat arterial across the northern part of the property, tying the 1.33 corridor to Bonnie Bree. There will be a North 1 South residential collector running through the center of the property eomectisg a southern entrance on Bonaie Bru to the East I West collector. Parks/ err pate This track of land bu an open space park dedication rcqulremenI of 3.75 axes based on the number orsingle family and multi-family uniu. This district proposes then levels of I arks and open space as follows. 1 Level One i A. A 18.22 acre joint use public park /school site In the Southwest comer of the development will be dedicated 8. Open space of 331 acres between the commercial and residential land uses to be used as a visul foal point at the roadway convergence. Area to be maintained by Home Owner's Auocladon. Level Two 1 private pocket parks are scattered throughout the development to encourage playgrounds and breathing space for neighborhoods. There would be malotalnedby private Homeowners' Auociatiom. Level ee The developer has committed to an 80' R.O.W. for a North /South residential collector. Thls PD sball follow the City of Denton Zoning Ordinance In effect August 15, 1999, Chapter 33. All of me land i uses in the PD use ban zoning out of this ordlsaace sad as arseaded as follows: A i i k I x:~veaactsoaote.tnrrs fYaenCarrsposdaalWJSPOra>'•H.e~e Pager i 162. N 4 c. ' I PARCEL A. ommardstOfOem Orou Acreage: 2738 ere. i Public Dedicated R.O.W. 11.93 mo. f Not Buildable Area: 19.45 to. Maximum FAR 2:1 Maximum Dwelling Units: 0 Maximum Height Restrktioa 2 stories 50' Square Footage In Dwelling Unit: NIA Minimum parking Permitted: pet ordinance Sidewauu: per ordinance Open Space/l.andscape Bufrer, per ordinam Minimum Front Yard Stemclu 0 fed in traditional town concept; per ordinmce in any other concept Minimum Side Yard Sed wk: 0 feet 10 Oraditioml town eonap~ per ordinance In any other concept Minimum Rear Yard Setback: 101 Screm4 Wall or Fences: I. All trash enclosures and service ueu mare! ba screened with fencing or live hedge. 2. 'Ibere shall be a 6' =my watt buill between officalcottmtercial Uses and single firmly, See Appendix 8xhtbil A Miaimur:Amenity Package: NIA Asher Noteir a Commercial, retail and office uses are encouraged to be built to the kont property line with puling bu behW and puallel street parklag eaeovnged as to a Mini lk"eu dirtriet model following traditional town patlem, a Developer will provide archileceUsi elevations for detail plu review, III XWDAD/LC7 POfetmtullhaiCbrrerAardeneatODfePOlaf•DD.Ire pa8a2 163. r ~ tJ PARCEL B .14IP•1 (cross Acreage: 11.11 as Public Dedicated RAW.: 03 an. Net Buildable Ana: 10.91 ac. Minimum Lot Width: per ordinance Minimum Lot Depth: per ordinance i Minimum Lot Size: per ordinance WLxW= Building Coverage: per ordinance Maximum Dwelling Units: 200 Msrlmum Height Reshietion: per ordinance Minimum Square Footage in Dwellt.:g Unit: per ordiaaue Minimum Paridoy Permitted: pa ordiasm OpaSpsce/1.andscapeBuffer perordioaoce Minimum Front Yard Setback: Sr In traditional town concept; per mUnaue In any other concept Minimum Side Yard Setback: 10' Minimum Rear Yard Setback: per ordinance Screening Wall or Fences: Security fencing of complex sball not be permitted + Minimum Amenity Package: N/A Other Nola * i a Front yard setback of S' to awarage tredidnal small town downtown modeL a Developer will Provide architectural elevations for detail plan review. I l/1 r i r I M!<dl"/iMW PRA/tCr3 PAWdCrJ10P0►d,Sndti 11rN1CbryrvnlwntoOtrrCrar.d.I.c Pap 1 I i ! I II t II 1 C it Pored C. Gross Acreage: 20.69 ac. 18,93 K. 12.07 ac. f PubGe Dedicated RO.W.: 3.7 ac. $.63 se. 2.62 se. Net Buildable Ara: 14.99 ac. 13.28 ac. 9.45 ac. Minimum Ent Width: 45' Minimum Lot Depth: 93' Minimum Lot Size: 5000 It I Maximum Budding Covenge: 409E Maximum Dwelling Units: Pagel C: 106 lots Parcel a 68 lots Parcel E. 59 lots j Maximum Height Restriction 2 K stories or 36' Minimum Square Footage is Dwelling Uah: 1600 S.f. Minimum Parking Required: 2 car garage Open SpacvUndscape Buffer: pocket parks Minimum Front Yard Setback: 25' Minimum Side Yard Setback: l0' Sad O' or 3' + 5' Minimum Rear Yard Setback per ordinance Screening Wall or Fences: 1. Masonry walls required where houses back to Streets. See Appendix "Lxhbk A". 2. Builder detat'1 wood fence to be coosistent along South pr iperty Lae of parcel D4. See Appendix "Exlubrt B". Minimum Amenity Package: I. Pocket parks in all three tracts - acreage as rodows: Parcel 0.732 ac; Parcel D: 2.295 Se; and Parcel F. 39 se. Pocket pub to be mafataiaed by a Home Owners' Association. 2. Two 3" caliper, 65-gallon trees planted between the curb and sidewalk an eseb lot 3. 7556 tmsomy on Structure as defined as act of windows and door openings. A , r WIM- 7M7uraa PsWECiJ1D9PRCV£CM9076dmlAn+a+lamaoalaaaa~armal•ne« Pop4 165. c ' i ~ I PARCEL F- SF-7 Gmu Aaage: 10194 ac. Public Dedicated R.O.W- 25.49 ac. Net Buildable Ara: 78.45 ac. Mloimum Lot Width: pef ordinance Minimum Lot Depth: per ardinance Minimum Lot Size: 7000 st Maximum Building Covenge: per ordinance Maximum Dwelling Units: Parcel F: 390 Maximum Height Restriction: per ordinance Minimum Square Footage In Dwelling Unit: per ordinance Minimum Panting Requited: per ordinance Open SpsceAmdsape Butter. per ordinance Minimum Front Yard Setback: per ord[maee Minimum Side Yard Setback: per ordinance Minimum Rest Yard Setback: per otdinance Screentng Wall or Fences: Wood forcing along es I ad am* property line of Trod F sQtment so off-site neigl `iota shat be a butilda requimd detail of a oonsistem design abug properly lime. Sea Appendix, "Exhibit B". ' Minimum Amenity Package: Pocket park as desired ku than 5 at. To be maintained by a Hoene Owen' AssockaSoo. Otber otaa: i i~ x: rRa+acrs~eaorr on n.enane~rar.~ervovsrala>•sv.ta Page 5 166. t.: r t PARCEL G- SF-10 f Oros Acreage. 924 an. Public Dedicated R.O.Wa 1.47 Ore. Net Buildable Ara: 6.77 ac. Minimum Lot Width: per oedinaoee Minimum Lot Depth: per Ordinance Minimum Lot Size: 10,000 a.[. Maximum Building Coverage: perordioamce Maximum Dwelling Units: 23 Maximum Height kestriction: per ordinance Minimum Square Foobge in Dwelling Unit: per otdieaace Minimum Parkiag Required: per Ordinance Open Space/Lamdscape Buffer. Per adimaax Minimum Front Yard Setback per ordinance Minimum Side Yard Setback per adinanee Minimum ]tear Yard Setback per ordinance Screening Wall of Fences: per ordinance Other-N41C1: i At- x POPROlae7sM76 Mkhr~anea,.r~enl ren➢oMrelof-OPA-4 Pages6 167. tr c+ ' PARCEL H - SF-16 I Oros Acreage: 835 ac Public Dedicated 1t_O.W-- 1.47 se. Net Buildable Ares: 7.08 am f Minimum Lot Width: bper ordinance Mialmum Lot Delpik per ordinance Minimurn Lot Size: 16,1100 s.t Maximum Building Coverage: per ordinance Maximum Dwelling Mies. 17 Maximum Heigh) Restrictiow. per ordinance Minimum Square Footage io Dwelling Unit per ordinance Ingress/Egress: pet Ordinance Minimum Front Yard Setback: per ordinance Minimum Side Yard Setback per ordimnce Minimum Rear Yard ScdAck per ordinance Other Notes: i f ~ I I A ` 0, ` F• X 199 fA0Jt'C75119p16.SWA f+vcAt3ncgorda~nli0fE~010-r f/.loe Page 1 I 168. PARCEL 2 - School I Park Gross Acreage: 18.22 Public Dedicated R.O.W. 1.07 Net Buildable Area: 17.15 Maximum FAR Per ordinance Maximum Dwelling Uaits: NIA Maximwn Height Restriction: pet ordinance Square Footage in Dwelling Unit: N/A Minimum Panting Permitted per ordinance Sidewalks: per wdinanca Open Spacdlandscape Buffe per ordinance Minimum Front Yard Setback: per ordinance Minimum Side Yard Setback: per ordinance Minimum Rear Yard Setback: per ordinance Screening Wall or Feom: per ordinance Minimum Amenity Package: NIA I O1ber Notts* a School I park site b to be 18.22 ac, overall site. a The Denton Independent School District (DISD) will acquire owaerahlp of the dedicated site. If D1SD ownership does not occur wid" 2 years of the approved coning plan, the dedication wtll reval back to its original SF-16 and SF-7 zoning claw fication, at the disaetloo of die developer. l X.uv FRO tC7RMI6'&'dtt rFa<+rCarrupnedaa1P0f61'D!0•f•79.lor Page 8 169. r G U A!lIIYDIIC k7QII7II A AM wraFmazovr~ YMCAL MASONRY SCUER WALL AP?Lnt C xx a rr 8 U X•INhtG/~ny+hpff,S.Jd h~at~y.vs~+fwMla/QDI+t~IW+ 170. I i I i t i • I 2X8 CIs~' X to i I~ a ' I I 3r ~T i xq -rMM P%64 G,IrP>rE TYPICAL WOOD FENCE SCREEN DETAM APPENDIX EXMMrrC a;~`f\ C1 RVDD I,1aJtC751rAO76:wiA ri'M'~4'eiWO)6PD/1RDD.be, Poke 9 171. } C r c ' AGENDA INFORMATION SHEET Agenda No. 9R - 00 fi kenda Item Date-- AGENDA AGENDA DATE: November 2, 1999 DEPARTMENT: Planning Department CM/DCM/ACM: David Hill, 349-8314 II' SUBJECT -Z-99-073: (Smith Tract Detailed Plan) Hold a public hearing and consider approving a Detailed Plan for a Planned Development (PD- 115) encompassing approximately 194 acres. The property is generally located north of Windsor Road between Bonnie Brae and Westgate. The Detailed Plan includes a school site, open space and single-family residential use. The Planning and Zoning Commission recommends approval (7-0). BACKGROUND The applicant has requested approval of a detailed plan for this property to develop single-family uses. Open space and an elementary school site are also prodded. The property is currently used for grazing cattle. D The proposed development is consistent with an amended concept plan for this property (PD- 115) and proposes 665 single-family dwelling units, open space and a dedicated schootlpark site. Y Thirty-one (31) property owners were notified of the zoning request along with 86 courtesy notices. As of this writing, there have been twelve (12) responses, one in favor, 2 neutral and nine (9) in opposition, totaling 9.40% opposition. (See attachment 3) • A total of three neighborhood meetings have been held with respect to this project. The first two meetings (June 3'd and July 22nd) centered on the amended concept plan and the third meeting (September 15'h) included both the detailed plan and the amended concept plan. PRIOR ACTION/ FVI .1i' The following is a chronology of Z-99-973, commonly known as Smith Tract Detailed Plan: September 15, 1999 - Application received September 15, 1999 - Neighborhood Meeting September 23, 1999 - DRC meeting A. n October 7, 1999 - DRC meeting October 13, 1999 P&Z recommends approval ESTIMATED PROJECT SCHEDULE 1. n t The subject property is not platted and would need to be platted prior to any development. FISCAL. 1NFORNIATION 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 and is providing an elementary school site to the Denton Independent School District. RECOMMENDATION 1. The Planning and Zoning Commission recommends approval (7-0). OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTACHMENTS 1. Planning and Zoning Commission Report, October 27, 1999, Z-99-073. 2. Opposition calculations 3. Draft Ordinance. Refer to Staff Report for Z-99.061, Smith Tract Concept Plan, for October 27, 1999 Planning and Zoning Commission minutes. Res tf ll submitted: Mark Donaldson 1 Assistant Director of Planning and Development Prepared by: I~ eIchhart Development Review Manager 2. t , ATTACHMENT 1 benda ;tam _ d1o PLANNING AND ZONING COMMISSION 0ate_1P-~: 99 STAFF REPORT Sub)ect: The Smith Tract, PDA 15 (Detailed Plan) Case Number: Z-99-073 of : Larry Relchhart, Development Review Manager Agenda Date: October 13, 1999 I Hold a public hearing and consider making a recommendation to City Council regarding a detailed plan for Planned Development 115(PD-115) encompassing approximately 195 acres. The detailed plan proposal is for single-family development, open space and a school site. SITE Y~ r r 4 _ i f LOCATION MAP Location: Cenerally located north of Windsor Road between Bonnie Brae and Westgate (See enclosure 1). A Size: 1951 a :res 1 2.99 050 PU SWl' Report c v Applicant: MESA Design Group Owner: Intermandeco, Inc. 3100 McKinnon Street 1401 Burnham Drive Suite 905 Plano, Texas 75093 Dallas, Texas 75201 Planned development zoning distrIats (PD) are Intended to provide for the development of land as an Integral unit for single or mixed use In accordance with a plan that may vary from the established regulations of other zoning districts for similar land uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing j demands to meet the current needs of the community, and to provide for a development that is superior to what could be accomplished in other zoning districts by meeting one or more of the following purposes: (1) Provides for the design of lots or building; Increased recreation, common or open space for private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, street design or access; or other development plans, amenities or features that would be of special Benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplains, slopes or hills; or (3) Protects or preserves existing historical buildings, structures, features or places. There are three (3) types of plans that may be used in the planned development process; concept plan, development plan and detailed plan. CONCEPT PLAN - This plan Is Intended to be the first step in the PD process for larger or long term developments. II establishes the most general guidelines, Identifying the land use types, approximate thoroughfare locations within the boundaries of the district, DEVELOPMENT PLAN - This plan is intended to be used most often as a second step In the PD process. It includes the same Information that Is provided on the concept plan, plus details as to the specific land uses and their boundaries. DETAILED PLAN - This plan Is the final step in Ute process and is required prior to any development. For smaller tracts or where final development plans are otherwise known prior III! to rezoning, the detailed plan may be used to establish the district and be the only required plan in the planned development process. It will contain Information specific to the site. All detailed plans should be in substantial compliance with landscape, sign, subdivision and other regulations of the Code of Ordinances. When concessions from these regulations are requested by a develortr, there needs to be corresponding benefits that merit deviation from those regulations. $UMMARY,O~Z~ ING° ~QU~ST J :`S - rj ~ The developer is requesting Detailed Plan approval for this 195a acre property to develop M single- family dwelling units, open space and dedicate a schoollpark site. i 2 99 050 r&Z Sun QerrM r a. c. A F ucted an analysis of the proposed detail plan as it relates to the requirements for a ntified in Section 35-176 of the cot'4 of ordinance. Below Is a copy of the ordinance requirements in chart form. A '40 Indicates that the proposed detail plan has adequately i addressed the required information for a Detail Plan. I Sec. 35.176. Detailed plan information 1 The detailed lan shall contain the following Information: (f) Acreage. The acreage in the plan as shown by a survey, certified by a registered surveyor. (2) Land uses. Permitted uses, specified in detail as determined by the department, and the V acres a for each use. (3) Off site Information. Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site Improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to the surrounding 40 _properties, uses, and facilities. (4) Traffic and transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic v generated b the proposed use. (5) Buildings. The location, maximum height, and minimum setbacks for all buildings, and if V nonresidential the maximum total floor area. (6) Residential development. The number, location, and dimensions of all the lots, the VO minimum setbacks, the number of dwelling units and number of units per acre (density). (7) Water and drainage. The location of all creeks, ponds, lakes, floodplains or other water V0 retention or major drainage facilities and improvements. I, (8) Utilities. The location and route of all major sewer, water, or electrical lines and facilities %0 necessary to serve the district. (9) Trees and landscaping. The location of all protected trees and a landscaping plan as re ulred b the ci 's landscape ordinance. (10) Open space. The approximate location and size of greenbelt, open, common, or i recreation areas, the proposed use of such areas, and whether they are to be used for public or private use. (11) Screening. The location, type, and size of all fences, berms, or screening features ro sed between different land uses or adjacent properties. (12) Signs, Location, type, and size of all signs regulated by the city's sign ordinance V (13) Sidewalks and bike paths. Sidewalks or other Improved ways for pedestrian or bicyclo ko use. (Ord. No. 91-016, § 1, 2-5-91) z 99 050 C62 Pal RPKI III 1. Transportation A. Access As Identified in the Concept Plan, access to the subject property Is form Bonnie Brae and Westgate. The applicants have submitted a Traffic Impact Analysis. Staff and the City's traffic j consultant have reviewed the study. Although the methodology used to perform the study is acceptable, Staff and the applicant have not come to terms on what specific onsite and offslte Improvements will be necessary for the development to operate at an acceptable level of service. It is nut necessary for these details to be worked out at the zoning stage, however no f platting will occur until required traffic Improvements have been agreed on. D. Pedestrian Linkages Sidewalks along all public streets are required. i 2. Utilities Adequate utilities, to service the site, are within the general area of this development (See Enclosure 6): 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 J which the run-off will be carried across The property or stored on the property. 4. Signs As per the sign ordinance. 5. Landscaping 1 This property will have to comply with the new Landscape Code, which requires fifteen (15) 1! trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). 8. Open Space This development Is providing approximately 22.15 acres of land for a school site and open space. The residential development will be required to participate In the development of public recreational areas. Through the Park Dedication Ordinance (98-039), this development will contribute to park land dedication and park development fees. Dedication requirements are , required during the platting process. Park development fees are required prior to the Issuance of ' building permits. 't 7. Environmental Quality Impacts f No negative environmental Impacts have been Identified. 1 Z 9q 050 D&Z Val Report I January 14,1969 -The subject property was placed in the Agricultural (A) zoning district and land use classification by Ordinance 69-01. May 20, 1986 - The subject property was rezoned from Agricultural (A) zoning designation and land use classification to a Planned development (PD-11 S) zone district by Ordinance 86-101. The subject property Is currently proceeding with a revised Concept Plan that corresponds to the proposed Detailed Plan The subject property is not platted and would need to be platted prior to any development. Notice of the zoning request was published in the Denton Record-Chronicle on Sunday October 3 1999. Thirty-one (31) property owners were notified of the request on September 29, IM along with 86 courtesy notices, As of this writing, there have been three (3) responses In opposition (See enclosure 7). Neighborhood meetings (for the Concept Plan) have been held on June 3, 1999, July 22, 1999 and September 20, 1999. RCOMMENDA iON The proposed Detailed Plan is in compliance with the Concept Plan and meels all the requirements for a Detail plan as Identified In Section 35-176 of the code of ordinance, therefore, staff recommends approval of Z-99-061. MOTION w trtK. r 1. 1 move to recommend approval of Z•99-061. a - WQYERNATIVJES"i~rt' 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. A ! 2 99 050 PE2 Staff AeK,' 7. c r- 1!~ I l 1. Vicinity Map. f 2. Zoning Map. 1200' Property Owner Notification Map. 4. Denton Mobility Map 5. Site Plans. 6. Draft Ordinance s I I r I At 299 050 PU Stott Report i i r t1 I ENCLOSURE 1 Z-99-073 (Smith Tract, Detailed Plan) NORTH SITE s► ti ' ~R r ' sp® k t VICINITY MAP % 0'r\ 1 Agenda Dote: October 13, 1999 Scale: None r' I ENCLOSURE 2 NORTH 2•-99.073 (Smith Tract, Detailed Plan`, I A K 41 1 • .iJ SITE PD-116 ~ PD-142 f A A A PD-113 1 - A ZONING MAP 1 Agenda Date: Octobe, 13,1999 Scale: None 10. r I I I w ENCLOSURE 3 r Z-99.073 (SMITH TRACT - DETAILED PLAN) NORTH Lim f E i I _ • - outlet M sll A V~ SMITH TRACT ~ (PD-115 - ~ i~ N orth Uka Park _ f of 200-500 FOOT NOTICE MAP 200' Legal Notices sent via Certified Mail: 31 500' Courtesy Notices sent via 1" Class Mail. 88 Number of responses to 200' Legal Notice • In Opposition: $ • In Favor: 0 • Neutral: Q t A Percent of land within 200' In opposition: 3,7 % Omni Agenda Data: October 13, 1999 Scale: None 21. c 10103/1999 11:15 9403C33051 tftVIlt HM PFY£ 01 NOTICE OF PUBLIC HEARING 4 a Z49473 The Pwnnlno and Zoning Commisslon of the Cry of Denton wM told a public how" on Wednesday, ~ October 13, 1899, to consider rscomrnending spprovel to City Council regarding a Detailed Plan for a Planned Development OVA 15) encompassing approximately 101 sore, The property Is generally located mih of Windsor Road between Sont" and Westgate. The Detailed Plan Includes open spas and single-famly resldentlsl use. The public hearing wilt alert at 8:30 p.m. In the City Council Chambers of City NO located at 213 E- McKinney stroe6 Denton. Taxes. Socause you own propery w0h Mo hundred (200) bet of lino subject properfy, the Plannbp end Zoning Commfsaron would Ake to hear how you Ant about this zonblg change request end InAes you to attend the pubic hesrkp. Please. In order for your opinion to be taken into account, return this form with your comments prior to the dale of the public hearing. (This In no way pm Ws you from aftending and perWpeffip In the pubic heerfng.) You may fax It to the number located at the bodom, mall it to the address below, or drop It off "raw: Planning and Development Department 221 N. Elm ST Denton, Texas 76101 Attn: Larry Relohhsrt The zoning process Indus two public hearings designed to provide opporiLrdtles for chizen Involvement and comment Prior to the public hearings, landowners whhln two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public heating Is held before the Planning and Zoning Commission. The Commission Is informed of the peroent of responses In support and in opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission moomrn nd dental, the petitioner may then appeal law request to the City Council. If owners of more than twenty (20) percent of It a land area within two hundred (200) feel of the site submit written opposition, then SU W of seven vo:ss of the City Council are required to approve the zoning change. These forms an used to calculate Mepereenlags offandowneropposMon. I MOMS circa one. In favor of request Neutral to request Opposed to request Comments: Signature: Printed Name: E2. ✓ r N b Ared- McifingAddress, o?kj &4124fxLAIl City, State Zip: D VSDn1 712 '71,701 r Telephone Number. qW_-S'G L J717 Physlcat AdOress of Property within 2C0 hat asMg Fi A o core 1,V ~ I \ br-W 7 AA 7R 96.2a 7 CITYOFDENTON, rMs Cm kktLWEST • DENTOKTEx11S 74201 o $4034OUN • n$40.S49.7707 1 12. r i c NOTICE OF PUBLIC HEARING Z-99-073 The Planr,i.,q and Zoning Commission or the City of Denton will hold a public hearing on Wednesday!, October 13, 1099, to consider recommending approval to City Council regarding a Detailed Plan for a Planned Development (PD-115) encompassing appraxlmately 194 acres. The property Is generally i->cated north of Windsor Road between Bonnie tame and Westgate. The Detailed Plan includes open space and single-family residential use. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Nall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feat about this zoning change request and Invites you to attend the publk heartng. Please, in order for your opinion to be taken Into account, return thls form with your comments prior to the date of the public hearing. (This In no way prohibits you from attending and particlpa ft In the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off In-person: Planning and Development Department 221 N. Elm ST Drnton,Texas 76201 AM: Larry Relchhart The zoning process Includes two public hearings designed to provide opporfunlUes for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject woperty are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission is informed of the percent of responses in support and in apposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forma are used to calculate the percentage oflandowner opposition. ! Please circle one: , In favor of request Neutral to request CO posed to request Comments: Signature: Printed Name: Y&ne.t_ C. "e Mailing Address: _ .3,26/ City, State Zip: rrir 7_ 7(0x.07 ,t, Telephone Number. (gf:o) '3,f.2.59&3__ r f'" Physical Address of Property within 200 feet _4,.,, e n ilr14L., CITY OF DENTON, TEXAS CITY 84L WEST ~ DENTON, TEXAS 76201 ~ 040.340.6360 ~ (f) 040.349.7707 Flkrt~ne 13. R ` i I w i OCT-06-99 WED 03:36 Ph LMT PI MICAL PLANT FAX NO, $40 565 4650 P. 01/01 NOTICE OF PUBLIC HEARING Z-99-073 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 13, 1999, to consider teoommendino approval to City Council regarding a Detailed Plan for a Planned Development (PD-115) encompassing approximately 194 acres. The property Is generaly, located north of Windsor Road between Bonnie Brae and Westgate. The Detailed Plan includes open space and singledamily residential use, The public hearing will start at 5:30 pin. In the City Council Chambers of City He% located at 215 E, McKinney Street, Denton, Texas. Because you own property within two hundred (200J feet of the subject property, the PlannbV and Zoning Commission would 1*9 to hear how you feel about this ~ zoning change request and Invkes you to atfend the public hearing. Please, in order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. (This M no way prohibits you from attending and participating In tho pu"c hearing.) You may fax it to the number located at the bottom, mail It to the address below, or drop it off In-person: Planning and Development Department .221-M.112ltrrrST_... _ . . - ..__..W_. -11 Denton, Texas 70201 Attn: Larry Reichhart The zoning process includes two public hearings designed to provide opportunities for citaen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission is tnformad of the percent of responses in support and In opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission reconxnend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landow neropposidon. Please circle one: . In favw of request Neutral to request Opposed to request Comments: We will pyefer the old PD, because it contained larger lots. lt•,tee the imolnr+r, der,at;y no.arible. We would liko,ot.leaat, ..V%? wuu.d like two rows of SY 16 and 2 rows of SP 10 then SF 7 etc. All houses facing Nostgote with no front garages end as few streets as possiblo conuecting to t1 Gt~it Lrti s~.l (,GCt_ Signature, Printed Name: Mae iii G LGCvi s 41(_ONy O. 1&L41i 5' i Mailing Address: 31 G 1 W es G ATE' lrrt- City. State Zip: 0 EIti'r7+d -t X Telephone Number. 9 yo r .T S'--) - f P A + Physical Address of Property within 200 feet: 3101 W t7rG rsrr~ -ore, ( i CITY OF DENTON, TEXAS GTY FIALL WEST • DENTON, TEXAS 76201 - 940.149.63ti0 (R) 040.X9.7107 ~ fd•ronw I 14. { IL RESPONSE TO NOTICE FOR PLANNING AND ZONING CHANCE NOTICE FOR DETAIL PM1 NOTIFICATION This is to notify the City of Denton, Planning and Zoning Department that I stand FOR_ _ AGAINST the proposed zoning change for the John Smith tract, also identified as PD-115. v Name: -~SAMQ5 `otA nC Address: a 51'a. LvfPe Telephone: cAL+0 3Q~ ' <1 q Date: tO' a ' `t9 Aj. i C 15. C~ U I i I I I RESPONSE TO NOTICE FOR PLANNING AND ZONING CHANCE NOTICE FOR DETAIL PLAN NOTIFICATION This is to notify the City of Denton, Planning and Zoning Department that I stand FOR AGAINST the proposed zoning change for the John Smith tract, also identified as PD-1115}. Name., -7-= Address:- A Telephone: - Datet If ~ 1 ` 16. 1 i i tt i r1 i • r+7 DC" CW i 'h'u't I • r, . ~ • ~ " ~ ML • r • .J ~ I r f , ..y I• _ • • ' , rr t a ! 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Is 1 1 1 1 I _ • • u0 1 rl~1,e g r i 0, a 91 6660 I ' V • ~1/ f _ I T ~~Z:~ I ,I I 1 ~ ~ ~ " • YJ • . •'w • • i= 1 1 111 1 I .r QZ "MY • • • 3rto~ A*' - - Y fr • ~ I 1 1`s{!JY II -1 1 w 1 I I iR w • p. Poll IS } al~'6.~ I• ul, r 1 1 . 1 • • i/ ~ • = A r.. ~.ll.w.,~.lw i'wa+rwilru'ni.• wL . I i ~ 1w•r rw■rrw n Tw' i} r i+ , ' I ' 1 I~ • ` I • .fPALIM[I ~I M L c, c. ' ENCLOSURE 4 J b Z-99.061 (Smith Tract, Detailed Plan) NORTH 'a • SITE ~r ~ y r ~ ~ r r DENTON MOBILITY PLAN MAP _ _ -r _ _ Primary Major Arterials _ - . - _ Secondary Major Arterlals Agenda Dote; October 13, 1999 Scale; None 21. t CWY Doumen1j1PR0)ECTSV0nIns0Z•9907J(Sml at Tma De ENCLOSURE 6 ~ {I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. TO PROVIDE FOR THE APPROVAL OF A DETAILED PLAN CONTAINING 194.111 ACRES WITHIN THE AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT it 115 (PD-i 13) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION GENERALLY LOCATED NORTH OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-073) WHEREAS, on May 20, 1986, by Ordinance 86.101 the City Council approved a change in zoning for 239.17 acres of landed to Planned Development 115 (PD-11 15) Zoning District, as more particularly described therein; and I WHEREAS, on November 2,1999, by Ordinance 99- the City Council approved a change in zoning for 228,92 acres of landed to Planned Development 115 (PD-11 S) Zoning District, as more particularly described therein; and WHEREAS, MESA Design Group, on behalf of lntermandcco, Inc. has applied for detailed plan for Planned Development 115 (PD-115) containing 194.111 acres of land; and WHEREAS, on October 13, 1999, the Planning and Zoning Commission recommended approval of the amendment to the concept plan; and WHEREAS, the City Council finds that the detailed plan will be in compliance with the amended concept plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Detailed Plan attached hereto and incorporated herein by reference as Exhibit "B" for 194,111 acres located within PD-115, and more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference, is hereby approved. SECTION 2. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that aprovision of this ordinance is violated shall constitute a separate and distinct offense. A SECTION 3. That the provisions of this ordinance, as they apply to the 194.111 acres described by Exhibit A, govem and control over any conflicting provisions of ordinances relating to PD-115, as they relate to subject property, but all the provisions of said ordinances relating to PD- 115 as they apply to the remainder of the planned development district not herein amended shall continue In force and effect and shall apply to the remainder of said district. 22. c~ C1Mr Da U'%nLV0.0WSVft1ms0Z-"-073 (sdjh Trot DcuiW mg."477 ORMANCE &C SECTION 4. That a copy of this ordinance shall be attached to PD-115, showing the amendment herein approved. SECTION S. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of .1999. JACK M111-ER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Hy: _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By' r~ Page 1 13. A 5 i ATTACHMENT 2 AREA CALCULATIONS FOR Z-99-073 (Smith Tract Detailed Plan. PD•1151 A. TOTAL AREA (Site and 200' Notice Area): 291.03 AD B. AREA OF SITE ONLY 194.06 Ac 0. AREA WITHIN 200' NOTICE AREA (A • B) 96.97 Ac PROPERTIES IN OPPOSITION Location 1 Address Arse" 3321 Westgate 0.77 AD 3301 Westgate 0.69 Ac 3221 Westgate 0.69 Ac 3201 West ate 0.72 Ac 3101 West ate 0, 79 Ac 2901 Flad er 0.72 Ac 2512 Coifs Or. 0.22 Ac 2604 Coffey Dr. 0.23 Ac 3015 Bonnie Brae 4.29 Ac r~ Total Area In 0 sitlon 9.12 Ac Area U Property Within M or aubpd "fly 2. PERCENT OF NOTICE AREA IN OPPOSITION (11C) 9.40% ' r r 'Ai CAICVLAt[D 8r: LCR DATE: octom It, Im 24. 1 \I l t 2-99.065 (KIRBY TRACT) NORTH KIRBY FF TRACT f ~ ~ 2'A4G73 1 I a i (Debled }Ian) r li ~ sy 6i :10 t / I• Il y ~a 9. 1 roper'„a to Y a ppool ion,typicaI 200' Notification limit 200 FOOT OPPOSITION MAP 200' Legal Notices sent via Certified Mail: 500' Courtesy Notices sent via 1" Class Mail: Number of responses to 200' Legal Notice . Opposed: 19 i • In Favor: - I • Neutral:, r A , Percent of land within 200' in opposition; 9.4% Scale: None 25. C• 10/03/1999 13:15 9503033051 lELVIIIHEM PWIE 01 NOTICE OF PUBLIC HEARING Z49-07'3 TM Planning and Zoning Commission of the City of Demon wll hold a public hearing on Wednesday. October IS, 1999, to consider recommending approval to CIV Cowie l regarding • Detailed Plan for a Planned Development (PD-11S) eneornpasskq approidarateiy 194 sons. The property Is generally tooted r*M of Windsor Road Woman Bonnie Brae and Westgate. The Detailed Plan holud" open spate and sM► "mity residential use. The public hearing will start at 5:30 p.m. In the City Council Chombers of City Hall located at 215 it MdOnn rtyt Denton, Taus. Because you own pniperly wRhh two fwndnsd (200) hey d &a the hg orft Commission wo Ake to hear how you he/ about tints suNod toning change request and fnvfbs you to offend fine puM heorkrg. Phase, In order for your opinion to be taken into account, return this form with your eomnw. Is prior to the dale of the public h"rknp. (This in no way prohfWts )rou hum affending and participating in tle public hearing.) You may fox it to the number located at the bottom, men It to the address below, or drop it off In-por on: Planning and Develop mAnt Department 221 N. FJm ST Dertton,Tex" 711201 Attn: Laity Rehhhael The zoning process Includes two public hearings designed to provide opportunities for efthan Involvement and comment Prior to the pubic hearings. landowners within two hundred (200) Not of the sub)ect property are notified of the zoning request by way of We notice. The first public Mating Is held before the Planning and Zoning Commission. The Cotnrnission Is knformed of the percent of responses H support end kn opposition. Second, the zoning petldon Is for" tied to the" Council for finat action providing the Commtealon recommends approval. Should the Commission rooommond denial, the pedtlonor may then appeal the request to the City Council. lfowners of .Wore than twenty (20) percent of the land area wlthln two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These Pbrma am f used to tolculafa the percentage of landowner opposition. Mae" chain one: _ In favor of request NO AW to request CO!se Eroqw~at Comments: Signature: s- Prlnted Name: E7 ✓rN D AtrA- WriingAddress: M?kj _AtA0CexZ4) City, State Zip: r-W-W 10PJ 7Y 2(701 r r' Telephone Number, ! fta SG L 17 17 t Physleei Address of Property within 200 feet: _ a?I& FiAggene to r I b4WrbAl, 7E 76.2117 CITY OF DENTON, TW S C" HALL 1NEST • DEMON, IUM 74201 • e40,34#41M • M s10.u9.M? f 26. 1 NOTICE OF PUBLIC HEARING Z-99-073 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 13, 1M, to consider reccromending approval to City Council regarding a Detailed Plan for e Planned Development (PD•115) encompassing approximately 104 acres. The property Is generally located north of Windsor Road between Bonnie Brae and Westga'o. fie Detailed Plan Includes open space and single-family residential use. The public hearing will start at 8,30 p.m. In the City Council Chambers of City Han located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commisslon would tike to hear how you leaf about this zoning change request and invites you to attend the public hearing. Please, In order for your opinion to betaken Into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from allertdt'ng and participating in the public hearing.) You may fax it to the number located at the bottom, mall It to the address below, or drop K off In-person: Planning and Development Department 221 N. Elm ST Denton, Texas 78201 Attn: Larry Relchhart The zoning process includes two public hearings designed to provide opporfunitles for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice, The first publlc hearing is held before the Planning and Zoning Commission. The Commission Is Informed of the percent or responses In support and in opposition. Second, the coning petitlon is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitloner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of tandowner opposition. Please circle one: In favor of request Neutral to request 0 posed to request Comments: Signature: ~[`S Printed Name: _,76 e&ne s C. 4e P. Mailing Address: e7D! kl~ City, State Zip: _'bee4o n. T Telephone Number, ( gIK6 3>;.2.54e,3 Physical Address of Property within 200 feet: 5t.* e a a aA.,-, CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 78201 940.s40.e8so (F) 040,340.7707 fpen~m~ 27, t i I I I XT-C6-99 WED 03136 PM UNT PHYSICAL PLANT FAX NO, 940 565 4650 P. 01/01 NOTICE OF PUBLIC HEARING Z-99-073 The Planning and Zoning Corr,missfon of the City of Denton will he'd a public hearing on Wednesday, October 13, 1999, to consider recommending approval to City Council regarding a Detailed Plan for a Planned Development (PD-115) encompassing approximately 194 aarii. The properpr Is generaly located north of Windsor Road between Bonnie Brae and Westgate. Thv Detailed Plan includes open apace and singte4amily tesldentlal use. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Nall located at 215 E. MclOnney Streat, Denton, Texas. Because you own property wilhJn two hundred (200) feet of Use .ub)ect property, the Planning and Zonfry Commission would lilts ro hear how you hat about this zoning change request and Invites you to offend" public heartrlg. Pk,ase, in order for your opinion to be taken Into a,tount, return Ihls form with your comments prior to the date of tha public hearing, (This In no way proh;Ms you from strending and porWpaUng In the public heathy.) You may fax it to the number located at the bottom, mail It to the address below, or drop it off In-person: Planning and Development Department -221 tFetmr Or- Denton, Texas 70201 Attn: Larry Relchhart The zoning process includes two public hearings deslgned to provide opportunities for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request byway of thl•s notice. The first public hosting ls held before the Planning and Zoning Commission. The Commission Is Informed of the percent of response s In support and In opposition. Second, the zoning petition Is forwarded to the City Councn for final action providing the Commission recommends approval, Should the Commission reoonvnend denial, tha pe':tloner may flan appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feel or the she submit writien opposhion, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of fandownar epposidon. Please circle one: In favor of request Neutral to request Opposed to request Comments: We will prefer the old PD, beeeuRe it contained larger lots. Sic xoul! like Ip,ce. rho rmpllrgt den,Rlty PoRatbte. We would liko,at.ttest. t.vu ruws of SY 16 and Y rows of SF 10 then SF 7 etc. All houses facing Nestsato with no front sarnges end as few streets as possible conuectins to V Signatures ` • l.~tS Printed Name: M et 0i I i.. G - ICC-vf S 41-0Ny L&Ul 0' f Mailing Address: :5 f d 1 Gil C0.4 'r G 0 1--lit -P _ City. Stale Zip: 06'Wty r~ _ 7 G ~a 7 i ~ Telephone Number. 9 4/a- 3 1' A Physical Address of Property within 200 feel S/61 w t-rr'G Z7ti i l CITY OF DENTON, TEXAS CGTY HALL WEST • DENTON, TEYAS 74201 ~ 040.349.1350 ~ (0) 94o.a49.7107 f,krvnw 28. A RESPONSE TO NOTICE FOR PL"NINO AND ZONING CHANCE NOTICE FOR DETAIL PLAN NOMICATION This is to notify the City of Denton, Planning and Zoning Department that I stand FOR AGAINST the proposed zoning change for the John Smith tract, also identified as PD-115. ~J Namet_ .~a C,.e s 4 LA %N Address: "a 54a C +e- Telephone: 9LAO Date: 40' a 9gi rr, ' f 1 .1 U ca , RESPONSE TO NOTICE FOR PLANNING AND ZONING CHANGE NOTICE FOR DETAIL PLAN NOTIFICATION This is to notify the City of Denton, Planning and Zoning Department that I stand FOR AGAINST the proposed zoning change for the John Smith tract, also identified as PD-115. Name: l Address: orim Telephone: 44 U 7_26 Date: 9 A+ t C (try . 30. 1 Ct j NOTICE OF PUBLIC H7WIn NG Z-99-073 The Planning and Zoning Commission of the City of Denton will hold ring on Wednesday, October 13, 1999, to consider recommending approval to City Council a Detailed Plan for a Planned Development (PD-115) encompassing approximately 194 aproperty is generally located north of Windsor Road between Bonnie Brae and Westgate. Td Plan Includes open space and single-family reskfentiai use. The p ublic hearing will start at 5:30 p.m. In th9 City Council Cham'jeall located a1215 E, McKnney Street, Denton, Texas. Because you own property wl n-, d (200) feet of the subject property, the Planning and Zoning Comm/sston would like tyou feel about lhls zoning change request and Invites you to attend the public hearing. Please, In order for your opinion to be taken Into acoount, return this form with your comments prior to the date of the public hearing. (This In no way prohibits you from attending and participating In the public hearing,) You may fax it to the number located at the bottom, mall it to the address below, or drop it off In-person: Planning and Development Department 221 N. Elm ST Denton,Texas 76201 Attn: tarry Retchhart The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners wlWn two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the planning and Zoning Commission. The Commission Is Informed of the percent of responses in support and In opposition. Seoond, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. Thos* forma ere used to calculate the percentage of landowner opposltlon. Please circle one: In favor of request Neutral to request Opposed to request Comments: /o Signatu , Printed N Clfisf L/'i /Ii ,+&J S a•✓ Mailing Address: _ ~e o2 / u/P S Le'--&Te Z) Q , City, State Zip: _ (7 P&27-ew k 7 /e 02 el A Telephone Number, Physical Address of Property within 200 feet: 4?STlrf;~~' CITY OF DENTON, TEXAS CITY WLLE WEST • DENTON, TEXAS 70201 - 040,340,8350 • (F) 040,340.7707 rikn.mo 31. i 1 I I I 4 10/12/1999_ 15:51 9403929299 MIMI FARM MREW PAC£ 01 NOTICE OF PUBLIC HEARING Z-ff-073 Th. Plamirtg and Zoning Commission of the City of Denton will hold a pubic hearhg on Wednseday, October 43, 1099, to consider rooornmendtnp approval to CRY Council regardng a Detailed Plan for a Ptamed Development (PD-415) encomps"Ing sWoximshN 194 sea. The property b generally located north of Windsor Road between SwId Brae and Westgate. The Detailed Plan Includes open i apace and atngle-famlly Msidsngal (tae. The public hewing will stsrt at 5:30 p.m, In the City Council Chambers of City Hall located at 216 E. Mrlanray Street, Denton, Texas. Because you own prop** wMh two hundred (200) het of the sublod proPwty, the P/anntog and Zoning C*ftWsston wouk! Mks to hoer flow you beef about thew zwft change request and invltes you to offend the pubic hooft. Please, In order for your opinion to be taken Into account, return this form with your comments prlor to the date a(the public hewing. (This in no way prohiMs you from offendfig and partkatpoft In Hue pubrk hooft.) You may fox it to the number boated at the bottom, mail It to the address below, or drop id off in-person; Planning and Development Department 221 N. Elm ST Denton, Tex" TUM Attn: Larry Relohhort The zoning process Includes two public hearings designed to provide opportunities fa citizen Involvement and comment. Prior to the pubk hearings, landowners within two hundred (200) feet of the subject properly are notfled of the zoning request by way of this notice. The first We, hearkV Is held before the Planning and Zoning Cortrrassbn. The Commission is Informed of the percent of responses In support and In opposition. Seoond, the zoning patltion b forwarded to the City Coundl for Anal action providing the Cornmlabn recornmends approval. Should this Commission reoonrmnd denlal, tM petitioner may then appeal the request to the City Council. H owners of tniol then twenty (20) percent of the land or" within two hundred (200) feet of the site submit written opposition, then stx out of seven votes of the City Council are required to approve the zoning change. The" farms we used to oakulafo the perovntege of hndoww opposldon. Plea" circle one: In favor of request Neutral to request =1omquW Comments: i SV4 PAnted Name' Haling Aadrees: ! City, State Zip' Telsphone eDtl 6 ' A .4PA ;Z Physical Address of Property within 200 feet: 7L r ~ I MY OP OENTON. rMS CITY ItA1l Vol ST • CINTON, TEXAS 7MI • aa,a6.41M • (F) SWUM? 32. 4 c NOTICE OF PUBLIC HEARING Z-99-073 The Planning and Zoning Commission of the City of Denton will fold a public hearing on Wednesday, I October 13, 1999 to consider recommending approval t ng to City Council regarding a Detailed Plan for a Planned Development (PD-115) encompassing approximately 194 acres. The property is generally located north of Windsor Road between Bonnie Brae and Westgate. The Detailed Plan includes open space and single-famly residential use. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred f2w) feet of the subject property, the Planning and Zoning Commission would like to hear how you feet about this zoning change request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and partIcipating in the public hearing.) You may fax it to the number located at the bottom, mail It to the address below, or drop It off In-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Larry Relchhart The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of responses In support and In opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval, Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. Please circle one: . In favor of request Neutral to request (Opposed to re uest Comments: (Nt. a,Qyy...u ~vu.~-.1. 1Q:~-!w a~..~►~ ~c~f../ ~7~~b t °-~'7/""`~L ~~i+^^^'.'' Signature: Printed Name: 1G 01 le n x.i n J e s J c ,.;.w MallingAddress: _ ));I lu4t $I5~ Pr; VC City, Stale Zip: 1)e--fi+- '7X 76707 r/ Telephone Number. 1,?40) SL 5 - o% 3 (1 Physical Address of Property within 200 feet: 371 f W~ZS at: -Or. CITY OF AENTON, TEXAS CITY HALL wt:sr - DENTON, TEXAS 70201 040.340,11350 (F) ao.349.7Jbr Fperomo 33. a NOTICE OF PUBLIC HEARING Z•99.073 ' The Planning and Zoning Commission of the City of Denton will told a public hearing on Wednesday, October 13, 1999, to consider recommending approval to City Council regarding a Detailed Plan for a Planned Development (PD-115) encompassing approximately 194 acres. The property Is generally located north of Windsor Road between Bonnie Brae and Westgate. The Detailed Plan includes open space and single-family residential use. The public hearing will start at 6:30 p.m. In the City Council Chambers of City Hail located at 215 E. Mcldnney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public hearing. Please, In order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from offending and participating In the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Larry Reichhart i The zoning process Includes two public hearings designed to provide opportunities for citizen involvement and comment. Prix to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission, The Commission Is Informed of the percent of responses In support and in opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend j denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area o thin two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate thepercen!age of landowner opposition. Please circle one: In favor of request Neutral to request Opposed to request Comments: Signature; . Yeti r~ Printed Name: -;-r-r'a u Ilia 721 Mailing Address: 3x15 N. L3e42 nfe A44 C- City, Slate Zlp; 12raa A s -1 71.201 r A Telephone Number; 9~0- SGd • f Q 31 T Physical Address of Property within 200 feet: -1013 N. L' 4Ar i XM C CITY OF DENTON, TEXAS CITY HALL WEST a DENTON, TEXAS 78201 a 040.319.8350 (F) 00,349.7707 -WMAMo 3~, a NOTICE OF PUBLIC HEARING Z•99-073 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 13, 1999, to consider recommending approval to City Council regarding a Detailed Plan for a Planned Development (PD-115) encompassing approximalely 194 acres. The property Is generally located north of Windsor Road between Bonnie Brae and Westgate. The Detailed Plan includes open j space and single-family residential use. The pubic hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 215 E. MMnney Street, Denton, Texas. Because you own property within two hundred {200) feet of the subject property, the Planning and Zoning Commission woufd like to hear how you feel about this zoning change request and Invites you to allend the public hearing. Please, in order for your opinion to be taken Into account, return this form with your comments prior to the data of the public hearing. (This In no way prohibits you from attending and participating In the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off In-person: j Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: LarryRelchhart The zoning process Includes two public hearings designed to provide opportunities for dtizen Involvement and comment. Prior to the pubic hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of responses In support and In opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more then twenty (20) percent of the land area within two hundred (200) feel of the site submit written opposition, then six out of seven voles of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. Please circle one: In favor of request Neutral to request Opposed to request Comments: 474 e4)00 Signature: U Printed Name: -~'-Mar In -rd AJ Mailing Address; A 2A - r City, State Zip: Telephone Number; 9yv -~?Glo - Physical Address of Property within 200 feet: _ %L5 CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEAS 76201 940.349,&360 JF) 040,340.7107 rYeneme t 35. 1 l NOTICE OF PUBLIC HEARING Z-99-073 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 13, 1999, to consider recommending approval to City Council regarding a Detailed Plan for a Planned Development (PD-115) encompassing approximately 194 acres. The property Is generally located north of Windsor Road between Bonnle Brae and Westgate. The Detailed Plan Includes open space and single-family residential use. The public hearing will start at 6:30 p.m. In the City Council Chambers of City Hail located at 215 E. McKinney Street, Denton, Texas. Because you own properly within two hundred (200) fesf of the subject property, the Planning and Zoning Commission would BRe to hear how you feel about this zoning change request and Invites you to attend the public hearing. Please, in order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you horn attending end participating In the public hearing) You may fax it to the number located at the bottom, mall it to the address below, or drop It off fn-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Larry Relchhart The zoning process Includes two public hearings designed to provide opportunities for cllizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified or the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of 1 responses In support and In opposition. Second, the zoning petitlon Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. It owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms ore used to calculate the percentage of landowner opposition. Please circle one: In favor of request Neutral to request Opposed to request Comments: Signature: / Printed Name: n Sig, i1 Mailing Addre 3 3 6 5 "V _hn.: 13hr e City, State Zip: 7y i 7t. Zo) Telephone Number: 2-yo- 397- 60U Physical Address of property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST J DENTON, TEXAS 16201 040.340.14360 (F) 010.3401101 fYanem~ 36, r NOTICE OF PUBLIC HEARING Z-99-073 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, ' October 13, 1999, to consider recommending approval to City Council regarding a Detailed Plan for a Planned Development (PDA IS) encompassing approximately 194 acres. The property is generally i located north of Windsor Road between Bonnie Brea and Westgate. The Detailed Plan Includes open f space and single-family residential use. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to attend the public hearing. Please, In order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing, (This in no way prohibits you from attending and participating In the public hearing,) You may fax it to the number loco led at the bottom, mall it to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Larry Relchhart The zoning process includes two pubtlc hearings designed to provide opportunfges for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this nollce. The first public hearing Is held before the Planning and Zoning Commission. The Commission Is informed of the percent of responses In support and In opposition. Second, the zoning petitlon Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitloner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. Please circle one: In favor of request Neutral to request Opposed to request Comments: II i I Signature: z1viltilwly Prinled Name: ' Mailing Address: _ZJQ 4 & AM, r City, State Zip: _ Tij'-4on. TX>L,247 Telephone Number: 1W) 997-6O4 Physical Address of Proporty within 200 feel _Sam?, CITY OF DENTON, TEXAS CITY HALL WEST ~ DENTON, TEXAS 70201 ~ 94 0.340.6350 ~ (F) 940319.7707 fNaMmO 37. 1 Li e NOTICE OF PUBLIC HEARING Z-99-073 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 13, 1999, to consider recommending approval to City Council regarding a Detailed Plan for a Planned Development. (PD•115) encompassing approximately 194 acres. The property Is generally located north of Windsor Road between Bonnie Brae and Westgate. The Detailed Plan Includes open space and single-family residential use. The public hearing will start at 5:30 p.m. In the City Council Chambers of City ball located at 215 E. McKinney Streot, Donlon, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you fee! about this I zoning change request and lnvNes you to affend the public hearing. Please. In order for your opinion to I{ be taken Into account, return this form with your comments prior to the date of the public hearing. (This in no wayproh'bifs you from offending and parikipaling in the public hearing.) You may tax it to the number located at the bottom, malt It to the address below, or drop it off In-person: Planning and Development Department 221 N. Elm ST Denton,Texas 76201 Attn: Larry Relchhart The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of responses In support and In opposition. Second, the zoning petition Is forwarded to the City Council for final action providing I-,.o Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) perce,it of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms ant used to cafculafe the percentage of fandowner opposition. Please Circle one: In favor of request Neutral to request Opposed to request, Comments: Signature: Printed Name: Philip A Baker Y. Pre a Ravso, r_ Company. Managing Con. Ptr. Mailing Address: 1204 west univere_f_ty Dr., Str. 400 Raynor lnveatmenta, Ltd. . City, State Zip: Denton, Texas 76201 A r Telephone Number: 940-387-8711 r Physical Address of Property within 200 feet East of Bonnie Brat CITY OFDENTON, TEXAS CITY MALL WESt DENTON,TEXAS 70201 • U0,349,8350 (F) 940,310.7707 fiknems 36, a t 10/09/99 09:141 FAX 9103422115 .10E G ntM DD gel NOTICE OF PUBLIC HEARING Z-99-073 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday October 13, 1999. to omslder recommending approval to City Council regarding a Delatled Plan fa a, Planned Development (PD-115) encompassing approYimataly 194 was. The property is generally located north of Windsor Rood between Bonnie Brae and Westgate. The petalled Plan includes open space and single-family residential use. The public. hearing will start at 6:30 p.m. In the City Council Chambers of City Mall looted at 215 E McWnney Street Denton, Terns. Because ybu own property whldn two hun4*vd (200) feet of the au[rJed property the Pianning and zortkg Comnrlssion Nbukf Oka fo hear how you feet about this zoning change request and ing a yvu to attend rho public hsan3g. Posese, in order for your optrnion to be taken Into aaoounk return this form with your ecrrvnsMs p<tor to rho date of the pub6e ttsarirng. (This it no way prohrbrts y u horn affendlrng and parGcipatirg !n the put+flC hearing.) You may fax k to the number toad at the bokom, ma4 k to she address below, d drop k off h person Planning and Development Department 221 N. Elm ST Denton, Texas 7620! Attn: Larry Relchhart The zoning process Includes two public hearings designed to provide opporhmi6r; for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of this subject property are notifled of the zonlnp request by way of this notice, The !Nat public herring Is hold before the Planning and Zoning Commisslon. The Commission Is informed of the percent of responses In support and in opposition. Second. the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommiend dental, the petitioner may than appeal the request to the City Council. If owners of raft than twenty (20) percent of the land area wkhln two hundred (200) feet of the site submit written opposition, then sk out of seven votes of the Ctly Council are required to approve tM zoning change. These forms we used to calculsk the percentage of landowner opposidon. Plea" circle one., In favor of request Neutral to roqueat Opposed to request Comments: I i I Signature, Printed Name G i 1,4 C, N 'r Mailing Address: /7A 19ty 1271 I City, State Zip: _ DeVrba% T !A Telephone Number rAA .?d z 2.y it / Physical Address of Property within 200 feel: Z1OD 66&4' CRY OP bENTON, TEXAS C TY M1 WEST • DENrON. MAS 1$201 • $40349.15410 • (F) W.aw.rrol fJenarno 39. 1 t.' CMIIX IM I Lid ip lLllfv Fi FCI OIWk.WItY ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. TO PROVIDE FOR THE APPROVAL OF A DETAILED PLAN CONTAINING 193.888 ACRES WITHIN THE AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION GENERALLY LOCATED NORTH OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-99.073). WHEREAS, on May 20, 1986, by Ordinance 86-101 the City Council approved a change in zoning for 239.17 acres of landed to Planned Development 115 (PD-115) Zoning District, as more particularly described therein; and WHEREAS, on November 2, 1999, by Ordinance 99. the City Council approved a change in zoning for 230.287 acres of landed to Planned Development 115 (PD-315) Zoning District, as more particularly described therein; and WHEREAS, MESA Design Group, on behalf of Intermandeco, Inc, has applied for detailed plan for Planned Development 115 (PD-115) containing 193.888 acres of land; and WHEREAS, on October 13, 1999, the Planning and Zoning Commission recommended approval of the amendment to the concept pie^; and WHEREAS, the City Council finds that the detailed plan will be in compliance with the amended concept plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Detailed Plan attached hereto and incorporated herein by reference as Exhibit "B" for 193.888 acres located within PD-115, and more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference, is hereby approved. SECTION 2. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. i SECTION 3. That the provisions of this ordinance, as they apply to the 193,888 acres described by Exhibit A, govern and control over any conflicting provisions of ordinances relating to PD- 115, as they relate to subject property, but all the provisions of said ordinances relating to PD- A 115 as they apply to the remainder of the planned development district not herein amended shall j ± continue in force and effect and shall apply to the remainder of said district, 40, I Y ~i C"My D0Cumm1j1PR0JECTSV=in8zV-99-01J (Smith TrW Detailed Fig-119473 ORDDLIkKE,da SECTION 4. That a copy of this ordinance shall be attached to PD-1I5, showing the amendment herein approved. SECTION S• That this ordinance shall become effective fourteen (I4) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Reoord-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (I0) days of the date of its passage, PASSED AND APPROVED this the day of 1999. JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY By: i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: Page 2 41. 1 C- EXHIBIT A FIELD NOTES 197.666 ACR ES BEING all that certain lot tract or parcel of land situsied In the F. Batson Survey Abstract Number 43 and the N. Wade Survey Abstract Number 1401, in the City of Donton, Denton County, Taxes, being a portion of that cerlaln trod of tend conveyed by dead from Henry W. Beckman and Gerald J. tafounWn to John Linn Smith and wife, Dorothy Smith and Dillon FrarKU Smith and wife, FAA* Joyce Smith recorded In Volume 3071, Page 66, Real P,ropeAy Records Denton County, Taxes and being more particularly described as fc4cros: BEGINNING at an Iron rod found for oomar In the west Ens of the R. Beaumont Survey Abstract Number E 31 and in Bonnie Brae, a public roadway, said point being the northeaat comer of that certain bad of fond conveyed by deed from Life Tabemaclo Church of Denton to City of Hope Church MinlutrIn of Donlon recorded under Clerk's FAa Number 97-R0014616, Real Property ewrds. Denton County, Texas: THENCE N 69' 6V 2D' W. pass at 454,66 feet the northeast comer of that eartein bid of land conveyed by deod from John Unn Smith and Dillon Francis Smith to Billy D. Harvey recorded in Volume 693, Page 33, Deed Records, Denton County, Texas. pass at 1106.66 feet the northeast comer of that again tract of land conveyed by deed from Clinton W. Twedde6 and wile, Eraabeth Twaddle to Joe O. Wright and wife. Joy Wright roomed In Volume 614, Page 500, Deed R. As. Denton County, Texas, Pau at 1366.37 feet the northeast comer of Westgate Hills Note Phase III, an additional to the City of Denton, Denton county, Texas according to the lot thereof recorded In Cabinet P, Page 43, Plat Reoord±, Denton County, Taxes, a total distance of 2727,74 feet with the north line of sold City of Hope Church, Harvey and Wright tracts and with the note tlne of sold Westgate Hills North Phase Ill to a nail found for comer In Westgate Drive, a public roadway, THENCE N 00, 07'40"W. 2906.20 feet with Said Westgate Drive to an Iron rod found for comer. THENCE N 00.30' 1 V W, pass at 474.43 feet the southeast comer of that certain tract of land conveyed by deed from J and L Partners to Ror►dro Vista Development Company recorded In Volume 2695. Page 465, Real Property Records, Denton County, Texas, a total distance of 1346.13 feet WM said Westgate Drive and v,ith the east fine of said Rancho Vista DevolorOMM Company trod to an Iron rod found for comer at an Inner on of #aid Rancho Vista Development Company trod THENCE N 69.45' 35" E. pus M 377.1 feet the southwest comer of that oerlatn tract of land Conveyed by dead from B. F. Johnson and Willie Mae Johnson to Debra Johnson Morgan recorded in Volumo 3245, Page 609, Real Property Records, Denton County, Taxes, p~ees at 646.1 foot the seuthweel tumor of that certain tract of land conveyed by dead (turn H. R. Perot, Jr„ to Hlllwood U"Denton, Ltd,, recorded in Volume 2470, Pogo 690, Real Proporty Records, Denton County, Texas a total distance of 10M.01 fool with the south I ne of sold Rancho Vista Developmonl Company esd H&#ood LeridlDenten trade to a point for comer, THENCE S 004 30' 11' E, departing the south line of said HAlwood LandMonton Tract 730.69 feet to a point for comer, THENCE N 76.43' 27, E. 260.56 feel to the beginning of a one to the loft having a Centel angle of 246 05'20'. a radius of 700 feel and a tangent of 149,36 fast; TH ENCE along said curve 10 the left, an are distance of 294.30 feet to a point of Wants Curvature to the A2hl having a antral angle of 36, 21' 63', a tadius of 630.00 feet and a tangent. of 166.96 feet; r THENCE along sold curve to the right ►1 are distance of 327.13 fat to 6 point tot Corner, r t'\ r THENCE Eact, 640.66 feet to 0 point 16 Bennie Bne; L it THENf 3 00.10' 33'W, along Bonnie Bnae, 60 feet to a point for comer, THENCE West departing Bonnie Brae, 840.67 feet lo the beginning of a curve to the felt having a antral angle of 03.41' 12'. s radius of 470.00 feet end a tangent of 16.13 feet; I THENCE along said curve to the left on are distance W 30,24 hat to a point rot comer, THENCE South, 356.684611 to the beginning of a curve to the fell having a antral angel or 03.15' 124, a radius of 470,00 feet and a tangent of 13.35 het THENCE along said curve to the felt an are distance of 28.60 feet to a point fat comer, THENCE East 843.11 het to a point in Bonnie Brae; THENCE S 00.10' 35' W. along Bonnie Brae, 60.00 het to a point for comer, THENCE West, departing Bonnie Brae. 842.92 feet to the beginning of a curve to the fight having a central angle of 02' 63' 06' or a redlus of 630.00 feet and a tangent of 13.35 feet THENCE along said curve to the right an are dWan A of 26.68 Poet to a point for comer, THENCE South, 53.32 hat to the beginning of a curve to the right having a antral angle of 13' 53'234, a radius of 1600.00 feet and a tangent of 182,71 feet THENCE along said curve to the right on are distance of 363.63 het to a Print foe comer, THENCE N 89' 56'37' E, 912.19 feet to a point In Bonnie Brae; THENCE S 00' IV 35'W, 640.01 feet along Bonnie Brae to an Iron rod found for comer, Bald point being the northeast comer of the remnant of that canaln tract of land conveyed by deed from Dillon F. Smith and wife, Eris Joyce Smith to John ILM Smith and wile, Dorothy Elaine Smkh recorded in Volume 1407, ' Page 74. Real Property Records, Denton County, Texas; THENCE S 89' S6' 37' W, 988.35 feet with the north One of said remnant Smith trod to an Iron rod found for comer, said point being the northwest corner of sold remnant Smith tract: THENCE S 00.13'25'W. 1448.49 feet with the west line of sold torment Smith tract to an Iron rod found for comer, sold point being the southwest comer of said remnant SrvM tract; THENCE S 69.30' 41' E, 61.18 feet with the south line of said remnant Smith trod to an Iron rod found for comer, said point being the northweat comer of that certain tract of land conveyed by deed from tyndal Carey to Eric Fullerton and spouse, Marla R. Fullerton recorded under Cl Wo Flle Number 0-0- R0006896, Real Property Records Denton County, Taxes; THENCE S 00' 46' 12' W. 237.62 feet with the we4t r+he of said Fullerton trod to an Iron rod found for comer, said point being the southwest comer of sold Fullerton tract THENCE S 89, 11'69' E. 931.03 feet with the south fine *field Fullerton trod to a point for corner In said Bonnie Brae; sold point being In the west line of said A. Beaumont Survey; THENCE S 004 10' 35' W. 588.48 feet with said west lino of sold R. Beaumont Survey and with said Dennis Brae to the PUKE OF BEOINNINO and containing 193.869 eau of land. A l I i wcsw~t.w+era i~ 43. r H i a, D H 1 - _ t I ~ 1 r l ~ f I 1"r I' iadly~l'Lr TY - ~ 6'~ • ~ ~ : ~ -1- / ' ate. . 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" • ~ • 1 f I I u l I 11 II'~"'"-' ,m •M~4 ` • r ` y • I 1 1 l•d' 1 1 ODOR/N L _ / / I 1 / 1 1 /4)01[1 /1•~YI , ~ ~ ~ 1 ire A p= M w • A 1• b • Q tf 6 'IQ 1 A y ! 1 ! ! ! 3 i ! ! ! ! ! ! , ® 3 of 4 Iwryr~ ffY•rr I 1 I r _ r ULVA - - - f • asicH caow y ' • • ~ I MI ' NII -1 1"I /'r~ `rC(1!K, d i 1'..y, 1 1 ' ~ ~ QCe1 % • I , 1 'd a rw ' - ~ y . J Y y ~ r 1 1 r... it ~ ■ ~ / , . . .M • 1, y 1 ' r • ■ " M ~ 1 1 1 1 yy r ~ i 1 1 • . r • . • reef ma •.;w r~/rn ~Lt I ~ , `1 ! % ,y ! . Y . ~ _ ~ ~ «+Ir~1.lr. 1~•y~yY~wnwi.~ir ~Mf tG,`IN[ rr r ~ Yll♦ _ M.T RO Y'1 r M 1 1 ~ 1~ 4 t' i ~ I t' ' 1 I AGENDA INFORMATION SHEET ~a48 11W4 Z Dab i AGENDA DATE: November 2, 1999 DEPARTMENT: Planning Department CMIDCMJACbI: David Hill, 349.8314 SUBJECT -Z-99-065: (Kirby Tract) Hold a public hearing to consider rezoning approximately 39 acres from an Agricultural (A) zoning district to a Planned Development (PD) zoning district. The concept plan proposes single-family residential and open space. The property is generally located at the southeast corner of Nowlin Road and Robinson Road. The Planning and Zoning Commission recommends approval (7-0) with conditions. BACKGROUND i The applicant is requesting Concept Plan approval for a Planned Development (PD) zoning district classification for this 38.61 acre property. The property is generally located at the southeast corner of Nowlin Road and Robinson Road, The concept plan proposes single family residential development with a minimum lot size of 6,000 square feet and a 4 unit per gross acre density. (a maximum of 154 units). Approximately 6 acres of open space will be provided. Y The subject property is located in an Agricultural (A) zoning district created when the property was annexed on October 19, 1999. The applicant has removed the remaining property southeast of the transmission line from the original zoning request. (See attachment 1) Y The proposed development is consistent 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 1 - G)mprehensive Plan Analysis section). Y Five (5) property owners were notified of the zoning request along with 35 courtesy notice. One (1) response have been received in opposition to the request, totaling 3% opposition. (See attachment 4), PRIOR ACTION/REVIFW The following is a chronology of Z•99.065, commonly known as the Kirby Tract: Application Date- August 18, 1999 A ~ DRC Datc(s) - August 26, 1999 j , P&Z Date - October 13,1999 ESTIMATED PROJECT SCHEDULE 1. o The subject property is not platted and would need to be platted prior to any development. w FISCAL ffJQ TNATIAA! 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. RECO_ MMFNDATEON The Planning and Zoning Commission recommends approval (7-0) of this zoning request with the following conditions, 1. That permitted land uses and development standards be restricted to those described In the Planned Development District Development Standards attached hereto and incorporated herein by reference as Exhibit 8, and allow land uses permitted with a Specific Use Permit in an Commercial (C) zoning district if such use is approved by City Council. 2. That 75 % of all exterior walls of all residential buildings be constructed of masonry. 3. Cementicious products will only be used to replace the material they are designed to replicate. OPT I. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration, 5, Table item. ATTACNMEM 1. Applicants request to amend the zoning request, 2. Planning and Zoning Commission Report, October 13, 1999,2.99.065• 3. Planning and Zoning Commission minutes from October 13, 1999. 4. Opposition calculations 5. Draft Ordinance. R (fully submitt I ark Dona dson Prepared by Assistant Diroctor of Planning and Development lit 4arry uhhart t. n Development Review Manager 2. L DOWD N; ANDERSON AND ASSOCIATES, INC. ATTACHMENT 1 CIVIL ENGINEERS t.. 5225 VILLAGEGREEK DRIVE SUITE 200 PLANO, TEXAS 75093 (972) 931-0694 FAX (W.?) 931.9536 October 12, 1999 Mr. Mark Donaldson Assistant Director of Planning & Development City of Denton City Hall West 221 N. Elm Denton, TX 76201 RE: Request to amend the zoning request on the Kirby Tract (Z-99-065) Dear Mark: On behalf of Eastem Development, authorized representative for the above referenced tract, it is our desire to eliminate Tract 1, Commercial, from our Planned Development District zoning request. Please proceed with hearings and action on the remaining tract of single family residential land illustrated as 38,6 acres. The appropriate zoning for the 8.6 acres cannot be determined at this time. The attached melts and bounds description, development standards for the PD, and general concept plan/zoning exhibit reilect our desired area of zoning. Please call me if you have any questions regarding our request. Thank you for you assistance in our application. Sincerely, DOJ AAD RSO,~' A CIA FES, INC. f 1 Helen Eve L. Liebma Planning Director I A, Attachments 39 6 metes and bounds description PD development standards General conceptplaa'Zoning Exhibit P;' 11-t: % ord,9904 5 re visedeoni narequ est. hl1. doe 3. 4 r m i i I I II I I I pLrir..l Iw..11.Y M1w ■Tw ~ liwll0 in 11 I~ ~ Iwr na~l.l I I Yrw rr I I 1 m I r I 141 ~ A I J Its F4 ~v.Y' ~ 1 ~'"Illf / I r .e I K[RBY TRACT Y»I~.I■Yn ~ r III N M~Y IAA Iir rl 1■Y r~ / I Y Y ' rrurl~rririrrrrrr~rrrrrrrwr 1,l i i~Irrl~w rr r rr+rr r ~rrrr.erw+wolrr~l r I r.1 rrlwrir.rr r rrw~rwrr.rwr.r~ I _ AND rwrunrnwrwei~ wrrrwww■YYIww WWLEP.mr I~.rrk~~F~r brt~1~1 IY r11M~ nrT'~ IMIL Y ■ Y NN A11 Iti ~ wed i i i I I I ATTACHMENT 2 i PLANNING AND ZONINu uummisSION , STAFF REPORT OEM,.,, I Subject: Kirby Tract Case Number: 2.99.065 E.Wff: Larry Reichhart, Development Review Manager Agenda Dato: October 13, 1999 PURPOSP Continue a public hearing and oonslder making a recommendatlon to the City Council con serning the rezoning of 46,5± acres from an Agricultural (A) zoning district to a Planned Developm, ant (PD) zoning district. The concept plan proposes approximately 39 acres of single-family reslden W and approximately 8 acres for commercial development. The property is generally located at the southeast comer of Nowlin Road and Robinson Road (See enclosure 1). r, v 1 Its G .j I I r r p~ I n ~O D R I 't I 1 1 / I I r 7 it ,17 w1 y 1 I k~ • r RY LOCATION MAP Location: The property is generally located at the southeast corner of Nowlin Road and Robinson 1 Road In the extraterritorial jurisdiction of the City of Denton Size: 46.5± acres 2 W 0 r82 Yd~ P"pot 02 j J f Applicant: Owner(s): j Dowdey, Anderson & Assoc„ inc. Jerry Keith & Sandra Gail Kirby 5225 Village Creek Drive, Suite 200 Rt. 6 Box 0 Plano, TX 75093 Denton, TX 76205 11 Cynthia Gayle Barthold 1788 W.F.M. 922 Valley VIew,1X 76272 PLANNED; DEVELOPMENTWNINGPROCEbURES Planned development zoning districts (PO) are infended to provide for the development of land as an Integral unit for singfe or mixed use In accordance with a plan that may vary from the established regulations of other zoning districts for similar land uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land upas, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that Is superior to what could be accomplished in other zoning districts by meeting one or more of the j following purposes: (1) Provides for the design of lots or building; Increased recreation, common or open space for private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, street design or access; or other development plans, amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplalns, slopes or hills; or (3) Protects or preserves existing historical buildings, structures, features or places. There are three (3) types of plans that may be used in the planned development process; concept plan, development pf3n and detailed plan. CONCEPT PU,N - This plan Is Intended to be the first step in the PD *"ss for larder or kxrg term developments, It establishes thli most general quldelines, idehtifying the land use types, approximale thoroughfare locations Wthln the boundaries bi the disbict. DEVELOPMENT PLAN • This plan is Intended to be used most often as a second step in the PD process. It Includes the same Information that Is provided on the concept plan, plus details as to the specific land uses and their boundaries. DETAILED PLAN - This plan is the final step In the process and Is required prior to any development, For smaller tracts or where final development pians are otherwise known pricy to rezoning, the detailed plan may be used to establish the district and be the only required plan In the planned development process, It will contain Information specific to the site. , e All detailed plans should be In substantial compliance with landscape, sign, subdivision and other regulations of the Code of Ordinances. When concessions from these regulations are requested by a developer, there needs to be corresponding benefits that merit deviation from those regulations. L 9') Otis c'~L 5'a't Rrprxl ~2 6, . c it ~I E - a The developer Is requesting a Concept Plan approval for a Planned Development (PD) zoning distdd classification for this 46.51 acre property. The concept plan proposes approximately 3P acres of single-family residential and approximately 8 acres for commercial development. The property is generally located at the southeast corner of Nowlin Road and Robinson Road. The single family residential development is proposing to have a minimum lot size of 6,000 square feet with a 4 unit per gross acre density. (a maximum of 156 units). Approximately 8 acres of open space will be provided. ttt S~cta[i 35-174 (G6~eralsbopcept P Lnformatici of the code of ordinance ideritiifes the in orma ion tf4a_ s"sha I be onta~ ed" t o Concept ~7hVdeeral,conogpl plan tnfb6iation Is , (nte ~9ii 4o pro 4 back 'ro>i J 0 . anon Ye ar. In :tt]e r9qufrefrl9nts.of a concept lan, s A general concept plan shall contain the following Information (See Enclosure 3): (1) Relation to the master plan. A general statement setting forth how the proposed district will relate to the city's comprehensive plan and the degree to which it Is or is not consistent with the plan. • The concept plan is in compliance with the 1999 Growth Management Plan and statement of such Is on the plan. (2) Acreage. The total acreage within the proposed district. The total acreage of the property Is identified on the plan. (3) Survey. An accurate survey of the boundaries of the district. • The description for the entire PD has been submitted. (4) Land uses. Proposed general land uses and the acreage for each use, Including open space. For residential development, the total number of units and the number of units per acre. I Proposed land uses are Identified on the plan and further detailed in the applicants proposed development standards that will become part of the final ordinance. (See Enclosure 4 ) (S) General thoroughfare layout. Proposed streets, as a minimum to arterial street level. i (Showing collector and local streets is optional.) The approximate location of FM 2499 Is Identified on the concept plan and the conceptual design (See enclosure 5) Identifies the proposed road network. (6) Development standards. Development standards for each proposed land use, as follows: a. Minimum lot area. f b. Minimum lot width and depth. c. Minimum front, side, and rear yard areas, d. Maximum height of buildings. e. Maximum building coverage. Z-99 Vi5 PW SWI Report rZ 7. i f, Maximum floor to area ratios for nonresidential uses. 9. Minimum parking standards for each general land use. • The applicant has Identified proposed development standards for this development (see enclosure 4). The proposed uses and development standards will become part of the f final ordinance. (7) Existing conditions. On a scaled map as specified by the department, the following shall be shown for the area within and adjacent to the proposed district: a. Topographic contours of ten (10) feet or less. b. Existing streets, c. Existing 100-year floodplain, floodway and major dralnage ways. d. City limits and E.T.I. boundaries. e. Zoning districts, f. Land use. g. Utilities, Including water, wastewater, and electric lines. • All required existing conditions are identified on the concept plan. (Ord. No. 91.016, § 1, 2-5-91) i COMPKKOSIV_E.PLAN ANi4LXS1S. I 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. NPighborhoods are to be serviced by a network of small commercial/retatl centers spaced at about YT 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 (or approximately 6 units per acre) In order to balance land use with road capacity. Staff finds the proposed development to be consistent with the policies and somewhat consistent with the trip Intensity standards of the 1988 DDP, 1998 Denton Plan Policies Analysis The 1998 Denton plan (DP) Is to be used in conjunction with the 1988 Denton Development Plan in i 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. (See Enclosure 7) The proposed PD and concept plan is somewhat oonsi•itent with the Growth Management Plan In that the majority of the proposed development is residential. It differs from the plan with respect to the commercial development which is not identified as a uee In this area and the minimum lot size (6,000 square feet) is less than the average proposed, although the density Is at the targeted density of 4 A r. units per acre. For the same reasons Identified above, the proposed land uses are somewhat consistent with the Draft Denton Comprehensive Plan which Identifies this area as a Neighborhood Center with protection of the 100 year floodplain, Z-99-DO PW SWf Report 02 8. r a. 1. Transportation A. Trip generation Table 1. Proposed Land Use Trip Generation Land Use Average Trip Maximum Total Daily Generation Bulldout Trip Generation DDP. r r LotiVriten§ityr 60 trips/day/ac X 46.21 acres 2,773 C#assiflci(fons1ra';',_.. it Proposed Use Single-Family 9.55 tripstdaylunit x 156 homes 1,490 Detached Proposed Use General Retail 40.67 •x 139,390 sf 5,670 tri s/da 11,000 sf -1 Note: Proposed Average Trip Generations provided by the institute of Transportation Engin@era,1991. • The maximum buildout for commercial was calculated at an average lot coverage of 49 % (assuming 20% openspace and 40% needed for parking). Although the proposed development is approximately 260 % above the allowed capacity Identified as a low intensity area In the 1988 Denton Development Plan a number of factors tend to mitigate the high potential counts. First, the residential portion of the development does fall within the proposed limits and secondly, the commercial area will have direct access to a future primary major arterial (future extension of FM 2499). The R.O.W for FM 2499 will require approximately 3 to 4 acres of Tract 1 reducing, the proposed traffic generation by over 2,000 trips, thereby keeping it more in line with the d DDP.. A detailed plan and platting will be required prior to development of the commercial area, a traffic Impact analye`s {TIA) will also be required. The results of the TIA could be utilized to determine the level and what type of road Improvements would be required to accommodate the commercial development. It is unlikely that the commercial development will occur until such time that FM 2499 I is expanded thus limiting the impact to the surrounding road network. A reduced floor area or lot coverage factor for the proposed commercial development would significantly reduce estimated trip generation. B. Access The de,,elopment has access to Robinson Road and Nowlin Road and eventually FM 2499 (See enclosu•e 5). It is also likely that this development will have internal connectlons to the proposed development adjacent to the west (Wheeler Ridge), as the same developer is building both subdivisions. e FM 2499 is designated as a Primary Major Arterial a Robinson Road is designated a secondary major arterial. i A Prior to platting a Traffic Impact Analysis (T!A) will be required to determine the level of road 1 Improvements (to the surrounding road network) that will be required, buy the developer, as a result ~A of this development. 199.Or,5 F9Z Ste`! Rcpori 02 9. i i e C. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities Adequate utilities to facilitate this development exist. 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 properly and any area that drains towards this property. The developer must Indicate the method by which the run-of will be carried across the property or stored on the property. 4. Signs As per the sign ordinance. 5. 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 (planiabie area). 6. Open Space This development is providing approximately 18 acres of land for public and private parks and open space as well as neighborha2d centers, pocket parks and preservation of floodplain. 7. Lighting Non-residential lighting on the property should be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky. (This requirement has been ldentirred in the development standards) 8. Environmental Quality Impacts No negative environmental impacts have been identified. PROPERTY WIST00 The subject property Is proceeding with annexation. At the time of annexation the property will be placed in the Agricultural (A) zoning district and land use classification. The subject property is not platted and would need to be platted prior to any development. 1 99 965 P&Z Stal R,,Vort 62 10. z I Notice of the zoning request was published In the Denton Record-Chronicle on Sunday September 12,1999. Seven (7) property owners were notified of the request and sixteen courtesy notices were i sent (See Enclosure 4) on September 10, 1999. As of this writing, there have been no responses. ! A neighborhood meeting has not been scheduled. f r,r ,,y ,;yam~ i AN~iI.`YSIS }~~.Y~}"a~'Sl ~~~'s °iCA;i ,a f'~`r"`i?~4' `'~.(r i 'i ~'t ~ 'a i Typically, development with this type of density offers additional amenities lei offset the higher densities and Increase the perceived quality of living. Section 3.05 of Gie Planned Development District Standards (See Enclosure 8, Exhibit B) provides for 1 street tree per lot, and Identifies that open spaces shall be approximately six acres and shall consist of tree preserve areas, common areas, amenity center site, greenbelt parks, pocket parks, pedestdWpark connections, landscape buffers, ftoodplain and electricaUpowedutility easements. Although the six acres of total open space equals approximately 15 % of Tract 2 the final configuration and accessibility of the open space will be critical in determining how effective it is as an amenity to this development. The Detailed Plan phase of the PD process will offer site controls over the final arrangement of the open space but cannot assure the type of open space and amenities to be provided. The 4 unit per acre density is similar to what has recently been approved on adjacent sites. Top of the Hill Subdivision to the southwest was approved with approximately 19 acres of SF-10 and 45 acres of single-family residential at approximately 3.1 units per acre. Wheeler Ridge, to the west, is proposing single-family residential development at approximately 4 units per acre and PD-111 (Oakmont) to the east was approved with a range of lot sizes and styles from 1,4 units per acre (estate homes) to 5.2 units per acre (patio homes) and averaged approximately 3.5 units per acre. The proposed density and 8,000 square foot minimum lots provide for an Increased range of lot sizes in the immediate area thereby providing diversity in the housing market. Assuming a density of 4 units per acre for this site, the overall surrounding density would be below the targeted 4 units per acre. As stated on page 2 of the staff report, Planned Developments (PD's) are meant to encourage flexible 1 and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that Is superior to what could be accomplished In other zoning districts by meeting one or more of the following purposes: (1) Provides for the design of lots or building; Increased recreation, common or open space for private or pubiic use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, streel design or access; or other development pia ns, amenities or features that would be of special benefil to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, fioodpiains, slopes or A. hills; or l~ f (3) Protects or preserves existing historical buildings, structures, features or places. I LZ 0 065 M Val Repot /2 1Z. c I The applicant should provide assurances prior to approval of the Concept Plan that the proposed PD will meet one or more of the above purposes. Failing to do that staff would recommend that the commission either continue the public hearing to allow the applicant time to provide additional testimony and or assurances to Justify approval of the Concept Plan, or deny the request. If the applicant provides adequate assurances that the 6,000 square foot lot sizes and the 4 unites per gross acre allow for a supeMr development that meets the above stated purposes of a PD then staff would make the following recommendation. As the proposed development Is in substantial compliance with the 1998 Denton Plan Policies, Growth Management Plan and with the draft comprehensive plan along with the added design controls associated with required Detailed Plans, staff recommends approval of Z-99-065 with the following condition: 1. Cementicious products will only be used to replace the material they are designed to replace. I move to recommend approval of Z-99-053 with the following condition: 1. Cementicious products will only be used to replace the material they are designed to replace. AC. AHATIVES f r , ; r~ . r k, r 1, Recommend approval as submitted. 2. Recommend approval with conditions, 3. Recommend denial. 4. Postpone consideration. 1 5. Table item. 1. Vicinity Map. 2. Concept Plan 3. Zoning Map. 4. 200' Property Owner Notification Map. ,J 5. Denton Mobility Map A~ - 6. Utility Map 7. 1998 Denton Plan Matrix. 8, Draft Ordinance (with Development Standards) Vn 065 D&2 Val Report 02 12. U ENCLOSUREI NORTH A-91 (KIRBY TRACT) U NMS 4 i 6ITE I~ f 1' J ~II o r ONCMONT t C I i VICINITY MAP y F ~ e Agenda Date: September 22, 1900 Scale: None 13. i r I f i k I ' f i ' ^ YIIr~YNI I r.I. r.r v RAw ~ I n77- a m I I m ~l I1,1 t111~11a kdia1W `7JJ A^w 1 VJ f+ I ~ / C A m SO R N ~ KIRBY TRACT I ~ r I~p'L11 I I~/ url~•~1•Ir IIIN ~eol ii f!l f 1 W, ~r W.~ M M ON. rr 14. .N1I NY r,i /YM Nlb M1I N.• 4 3 1 ASIA" ».r rw ...•r. . . . Ir sl.r■ p111 r ~ i,./I / Y•~g111 !V V• •~••.rr,rrr•.~•r•r.~~r..~ mm run III rarr•wrv.rwrn• on...n.,..lr•.wr r I~Yel.r~. lilt n..>•w..~r.ItLl, r r r Mlr r.ll r ~ , lu a . I r' t ENCLOSURE3 NORTH Z-99.065 (KlRBY TRACT) ® •r ! A D-§4 1 ITE I 8F•7(o) u;s s 1 PD-111 P. 01KMONT I' - C E ZONING MAP i Benda Date: September 22, 1999 Scat*: Non c. c. ' ENCLOSURE4 Z-99-065 (KIRBY TRACT) NORTH 977E I o o 200.600 FOOT NOTICE MAP • 11r~ ' c Agenda Date: September 22, 1999 Scale: None 16. .1 ENCLOSURE 5 I ~ s 2-99.065 (KIRBY TRACT) NORTH I 1 1 ® r NS ' t A ,6TE / J Id / r 1 I CMKMONT C EE i DENTON MOBILITY PLAN MAP . _ _ _ _ Primary Major A rtedals - - - - " - - Secondary MalorArterials Agenda Date: September 22, 1995 Seale: None I 17. 1 L1 ENCLOSUEO NORTH Z-99.065 (KIRBY TRACT) 7 a PJ~'~ 1 S-J~4fj rr O v o p NSO ~ o o n! t piJQ C e y o~ , WHEELER E SrrE p iTE ETJ C (Amexdw Zoning) s SI F ETJ, c L, frYP16 ° Corinth ..r Vol Q c j C4KWNT o• TOP Of/rHE HfLI SITE r •(A *5on6Z*1rgj c E / EXISTING UTILITIES MAP Hydrants • Water Line (W. L.) i • • Sewer Line (S. L.) er ! Agenda Date: September 22, 1999 Seaio: None I8. 1 ~ t. ENCLOSURE 7 A 1998 Denton Plan Policies Analysis (continued) Denton p!in Policy Analysis Summary Development Rating vs. Pocky CATAGORY POLICY InconswerR Appllw* Canslsterd Haighborhooda. Aooaes tact to p!bik and camxxvty fadlitles kr resldendal rhdgT boA OOds r x Encourages a muare of land uses that benefR residents x fttew and peserves ods&g rw*&ftods ; t ty f Www nelghbm=ds to reduae n VehWar trips l .pyg r~i t x Housing, Provides a range of housing typo that appeal to dff&4 economic and i rJftW VmW es. X Offers , vah er of OnglrFamily W tires, bupdrg Sizes, -0 A V4 prim cadm ffify ` x Preserves oftmu housing, Indudrg affordable houslrg. Inceasei % IM housing; cmftdion, Economk ConbIWAs to a strong and dtvenANd local econonq by Dlversifkation. Increw A employ nt and orpandug the tar base. x Government Encourages InWllovtmniental coordnallon to pawde cost-elfedlve public sertom x Urban Dssiyn. Addresses cv nmuNty appearance In a convehenslve manner. _ x DYvaslfks anhRedhral appe.-anY of bulk envIraVnent. X is O bmthood hflU deve4rnw. ; MA be wmpat6le 1 j with od" land uses and wlfdlrgs _ Protects and preserves Denton's vddtect rat, cA ral and Y Nstmlol rem rom t:nhvhces the apppearance along "Jot entranceways, x Romotes the prey •.stlon or trees and lardsmping, x pubec tnvolvemenL Provides an oppftn,, publk oplnlon dmk:g the ptarrdng process, x i ~c ~F~ Er ' i 199-065 PAZ Ral ReW 02 19. rs I r 1 I M F I The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysts Summary Development Rating vs. Policy „ consistent CATAGORY POLICY Inconsistent . Transportation. CargllmentsDenton'sLong-Range ThoraphfartPlan, x Promotes Access Management PraQitts : rr tY x optimizes operations for emergency service Providers and X other Public service Providers Pronw:es public transportation system. ' x Contributes to the Denton Trails network p x stormwater Drainage. Proteds 100-year Roodplain areas in aocardanoe with ;s%,, ` X Denton~s watershed management dins. Conforms to local subdivision regulations. X conWbutes to reglonat detention fadr.es. x Provides for natural rtparlan er vironment along Roodptain. X Upgrades ealsting sub5tandard dralnage systems as Infill and redevelopment occur. Water and Develops and ma mains property and private wastewater. infrastructure.;:`;'' - X Creates opportunity for overslzing water and waAewater lines to meet future devetop lent demands. x Provides renew of proposed water and wastewater infrastnxSure to ensure public safety and health. X Promotes InOg Improvements over new line a Renslom x Eledrie. Provides underground eto6rlc service for new residential x and nonresldenbal development Siotid Waste. Promotes efricient access to am development for sold waste service deNm. , x Parks and Recreatlon. Locates parks and rweabon fadiltes In accordance with the Parks and Recreation Strategic Plan. ! x Enhances Parks and recreation opporturlbes for residents . x Preserves floodiciam for parks and open space to aid in floociplaln conservation efforts, x Allows conbriing of parks with other pudic fad des to { achieve cosLeffectlve delvery of pudic services. Residential development shoo d dedicate lard or fees In + lieu of land for nelghbortMOd parks 8... f, X Environmental Quality. Pr01, 'reservation of natural resources. ' .g`!• ~s'f F x Integrates environmental Protection with econornlc P;,.Jwa r growth and commx6ty development x 1 r , A , 2 99-0ri5 M! Stall Resort e2 20. t 1 i 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 CATAGORY POLICY Applkeble Consistent Transportation. Conrplimenits Denton'. Long-Range TtaragMare Ptah. ^ r! X Prorates Access Itanagement Radices A X Opurn izes operations for emergency service provkkrs and other public service providers X Pron ees pudk transportation system. X Contrlbutesto tNDenton Trails rxtwork. X Stormwa ter Dralnage. Protects too year Nociptain arras in ?=dance Bath Demon's watershed management plans. X Conforms to local subdvision regulations. % X Contributes to regional detention facilities. u: X Provides for natural riparian environment along fioodpain. III Upgradr.: ndsting substandard drainage systems as Will and redevelopment occur. Water and Develops and maintains property and private Wastewater. Infrastructure. X Creates opportunPty for oversizing water and wastewater lines to meet future development demands. X Provides review of proposed water and wastewater,,' nfrastruct" to ensure pudic safety and health. X j _ Promotes Irfill improvements over new line edenslons. X ; Electric Provides underground eednc service for new residential r; , '~(,?s ^ 41 and nonresidential development. X SoTld Waste. Promotes efficient access to an development for soM waste service dellvery. T r ; X Parks and Recreation, locates parks and recreation (adllues in accordance wth t the Parks and Recreation Strategic Plan, v X Enhances parks and recteanan opportunities for residents. X 1 Resents fioodplaln frr parks and open space to aid M RooOpiain conservatbn efforts. X Albws combining of parks with other pudic facilities to q achieve cooeffe&ve deNery of pudk se *m x Resldmtlal development should dedcate land or fees In f r Neu of land far n illotortwod parks. X EnAronmentai Quality. li preservation o! natural resources X Integrates environmental protecton with ecw&Nc growth andconmunltydevelopment X rr a i Z 99 055 1 Sta'f Rrrort r2 40. Now t ENCLOSURE 8 ORDINANCE NO. 1 4 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A PLANNED DEVELOPMENT NO. # (PD-#) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 46.21 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF NOWLIN ROAD AND ROBINSON ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-065) WHEREAS, Dowdy Anderson and Associates. Inc., on behalf of Wheeler Ranch, LTD., has applied for a change in zoning for 46.21 acres of land to a Planned Development (PD-#) zoning district classification and use designation; and WHEREAS, on September 21, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 46.21 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is designated to Planned Development (PD) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: L That permitted land uses and development standards be restricted to those described in the Planned Development District Development Standards attached hereto and incorporated herein by reference as Exhibit B, and allow land uses permitted with a Specific Use Permit in an Commercial (C) zoning district if such use is approved by City Council. 2, Building elevations, for all buildings proposed for Tract l shall be required at he time of detailed plan submittal. 3. Lighting on Tract 1 shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. SECTION, 11. That the City's official zoning map is amended to show the change in zoning district classification. iJ SECTION 111. That any person ►iclating any provision of this ordinance shall, upon conviction, be fined a sum not excecdi:rg $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. PAGE 1 21. c I 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 to be k . 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. i PASSED AND APPROVED this the _ day of ,1999. I JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY i I BY. APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY A'T'TORNEY BY; I t A~ i PAGE 2 21. • i EMBIT B I I KIRBY TRACT PLANKED DEVELOPMENT DISTRICT STANDARDS 1.0 Planned Development District- Commercial Tract I 1.01 General Description: The Comiaercial tract will provide the ability to encourage and accommodate the development o of office retail and commercial center(s). 1.02 Permltted is All uses identified in Article 111, Section 35.77, Use Regulation Districts, Use of Land and Buildings, of the City of Denton Zoning Ordinance under the heading of Commercial District (C) shall be permitted within Tract 1 in the Planned Development District. 1.03 Building Materials: All buildings shall have an exterior finish of glass, stone, stucco, brick, tile, concrete, exterior wood or similar materials or any combination thereof. The use of wood as a primary, exterior building material shall be limited to a maximum of twenty-five (25) percent of the total exterior wall surfaces. 1.04 BAAJ2&JJd& ts: The maximum permitted height of all buildings within the commercial tract of the Planned Development District shall be three (3) stories. 1.05 Fran t Yard: There shall be a front yard having a depth of not less than twenty- five (25) feet. Front yard setbacks are required on both streets for comer lots. 1.06 Side Yard: Side yard requirements for commercial tracts shall be as follows: a. No side yard shall be required where commercial structures are to be attached. b. A ten (10) foot side yard shall be required where commercial structures are to be located adjacent to one another and where vehicle access is hot required. C. A twenty (20) foot aide yard shall be provided adjacent to single family residential zoning. d. A twenty (20) foot side yard shall be provided adjacent to a dedicated street. 1.07 Rear Yard: Rear yard requirements for commercial tracts shall be as follows: a. No rear yard shalt be required where commercial structures are to be attached. 11NT SERVER•O\PLANNING!R-Ervord99N$pd.AIl.doc I 10'01/99 23. I t n b. A ten (10) fool rear yard shall be required where commercial structures are to be located adjacent to one another and where vehicle access is not required. C. A twenty (20) foot rear yard shall be provided adjacent to single family residential zoning. d. A twenty-five (25) foot rear yard shall he provided adjacent to a dedicated street. 1.08 Landscape : Landscape plans for proposed development areas shall be submitted in accordance with the City of Denton Landscape Code as it presently exists at the time this Planned Development District is approved. 1.09 Floor to Area Ratio (FARM: The permitted floor area of all buildings located within the commercial tracts shall be 2:1 (floor area ratio). 1.10 Required Pnrkla¢: Parking shall be provided in accordance with Article VI, Section 35-301, Vehicle Parking Regulations of the City of Denton Zoning Ordinance. Parking shall be permitted within all required yard areas. 1.11 Lu Area PgEmgUd: The amowa of acreage permitted within Tract I shall not exceed eight (8) gross acres. 1.12 LI2htln2: Light on Tract 1 shall be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. 1.13 Buildlne Elevations: Building elevations for all proposed buildings on Tract I 1 shall be required at the time of Detailed Plan submittal. 2.0 Planned Development District- Single Family Residential - 6.0 (SF-6.0) Tract 2 ` 2.01 General Description: The Residential Tract is intended to accommodate single family residential uses. The residential units will be comprised of Single Family-6.0 (SF-6.0) products. Development standards for the aforementioned housing type is outlined within this text. 2.02 Permitted Uses: Land uses permitted within the Residential Tract 2 are as follows i a. Residential units as described herein. 't !f b. Private or public recreation facilities. o, Churches/rectories. d. Schools - public, private, or state accredited. M`IT SERVER-OTLANNINOW-E%or&9904$pd,hll.doe 2 10"0IM 24. 1 r ' E C. Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts. f. Fire stations and public safely facilities. g. Real estate sales offices during the development and marketing of the Planned Development h. Public streets and private streets. I. Electronic security facilities including gatehouse and control counter. j. Accessory buildings and uses customarily incidental to the permitted uses. k. Temporary buildings and uses incidental to construction work on the premises, which shall be removed upon completion, 2.03 Denslly: The overall allowed density for Tract 2 of the Planned Development District shall be 4.0 units per gross acre or a total of (156) units, as calculated on a gross land area basis (approximately 39 acres). 2.04 Required Parking: Parking shall be provided in accordance with Article VI, Section 35-301, Vehicle Parking Regulations of the City of Denton Zoning Ordinance. 2.05 5)IIgle-Fami(y-6.0: Single-Family -6.0 units area form of single family, detached housing. This residential type will have access and frontage on a public or private street. Building and area requirements are as follows: a. Lot Area: The minimum area of any lot shall be six thousand (6,000) square feet. b. Lot Coverage: In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, deck, patios, driveways, walks, and other paved areas shall not be included in determining maximum lot coverage. C. Lot Width: The minimum width of any lot shall not be less than forty. five (45) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbowsleyebrows may have a minimum width of forty-five (40) feet at the front building line; provided all other requirements of this section are fulfilled. d, Lot Depth: The minimum dept of any lot shall be one hundred (100) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-point on front and rear lot lines, of ninety (90) feet; provided all other requirements of this section are fulfilled. C. Front Yard: The minimum depth of the frcnt yard shall be twenty (20) feet. Front porches, roof eaves, chimneys ahd other similar architectural elements may extend into the front yard. A f Side Yard: The minimum side yard on each side of a lot shall be five (5) feet. A side yard adjacent to a side street sball not be less than fifteen (15) IWT SERVER-0~PL t%NINGI,H.Eword,99045pdI hltdoc 3 10,101/99 25, t. i feet. Ir no case shall a garage door opening be any closer than twenty (20) feet to the right-of-way. g. Rear Yard: The minimum depth of the rear yard shall be ten (10) feet. h. Building Height: Buildings shall be a maximum of two and one-half (2 Va) stories. 3.0 Planned Development District - General Conditions 3.01 Conformance to All Applicable Articles of the Denton Z.onIng Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of the Denton Zoning Ordinance, as it presently exists. 3.02 ScreeninglLandscaplogalong Robinrop Road: Landscaping and screening shall l be provided along Robinson Road where lots back to said thoroughfare and may consist of decorative metal fencing, stained wood fence with metal posts, landscape planting, cementitious fencing, masonry walls, living screens or a combination thereof. 3.03 General Conce 1 Plan: A General Concept Plan is hereby attached and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the land use types, approximate thoroughfare locations and project boundaries and illustrates the integration of these elements into a master plan for the whole district. 3,04 Street Trees: A minimum of one (l) street tree shall be required on all residential lots within the street parkway. 3.05 Open Space: The Planned Develupment district shall conform to the City of Denton Park Land Dedication Ordinance No.98.039 as it presently exists at the time the Planned Development District is approved, Open space shall be approximately six (6) acres and shall consist of tree preserve areas, common 1 areas, amenity center site, greenbelt parks, pocket parks, pedeslrian/park connections, landscape buffers, floodplain, electrical'power/utility easements. 3.06 blaintenance o[Facilities: The Owner(s) shall establish, with each preliminary plat submittal, a property owner's association, membership association or other designation that will be responsible for the improvement and maintenance of all common areas and/or common facilities contained within the area of the development plan. 1\NT SERVER•0'PLAN'NIN01N-Eoocd199045pdhll.doe 4 1 OVO 1/99 26. 1 I 1 ~ Oir.Ywl t L E 14..r 14.. ~ L.1 RIr r r !v wPiM I I Iwd ~ V. rr I ......JJ L .r.w• j err I v m I I m I Mad = II wd. r. Iw4w1Y _m I I r ,,,W,, KIRHYTRACT 1 i TM 1 w• rr .rr rw w fir.. w rrw w. rr. w.r w r rr j fi7 iC. I i V I C MhW ~r w r n =r r.w =w~..ir w r iw Ilf r re ~r'1 r..r ry I dS1' / . r .C,..r .r w wr r w • . • j r7 I J~ I C.} ~ ~ w.~.r ~rarrwr.rr.rrrr~~.r.w.rr.+... ~ ~ ~ ~ ~ I Vti111 0/LY..1 w.wr.wrww.wiw..r•rirwrr.r.~wrrwrrl ZOMIO oXty17 AND r.rrrw.wrw4.ww.r v/7 ~ w r r+M '.r Iw 1 ~ I I ATTACHMENT 3 1 pleased to see that the smaller streets, the ability 4. 2 for, hopefully, once it's built out, folks to move around 3 that neighborhood. There is some open space built in. 4 And while I have some trepidation about 5 SF-50 it is used as a transition between the commercial 6 and the multi-family and it's in that area which allows I 7 for a higher density by either plan. And, therefore, 6 having said all that, I will be voting for the motion. 9 Any others? In that case, vote, please. Motion carries 10 unanimously. 11 No. 1i this evening is to continue a public 12 hearing recommending approval to City Council the rezoning 13 of approximately 46.5 acres from Agricultural to ',.)l,-oed 14 Development. The concept plan proposes approximately 39 15 acres of single-family residential and eight acres of 16 commercial development. The property is generally located ' 17 on the southeast corner of Nowlin Road and Robinson Road. 18 It's currently in the extraterritorial jurisdiction of the 19 City of Denton. And with that, I'll open the public 20 hearing and ask Mr. Reichhart to provide us with a 21 MR. REICHHARTS Thank you. I'll try to move 22 along fairly quickly. We're looking at a site in the 23 southeast quadrant of the City. Thit is near recent At n 24 cases that have been annexed and gone through the 25 rezoning process. Adjacent to this property to the east 2 B. ~O I 1 is the wheeler Ridge property that was annexed and j 2 rezoned and this is the same developer of that parcel. 3 To the south of that was Top of the Hill subdivision 4 which was rer-tly annexed end rezoned. What I just 5 handed out, the applicant has decreased their request 6 for a PD, if you will. This is the subjt,,:t site. it 7 originally was proposed for including this triangular 8 piece of property. They've pulled that out. That 9 request was for the commercial portion of the PD. 30 They're pulling that from their request and all they're 11 going forward with is the 38.6 acres approximately of 12 single-family. 13 This is a concept plan that we're looking to 14 approve tonight. What happens now that they've pulled 15 cut that little triangular piece, the traffic generation 16 of this site would be approximately 62 percent below 17 what would be allowed at six units per acre. They are 18 lcokiz.g at a four unit per acre density. We have sent out 19 seven legal notices. 16 courtesy notices were sent on 20 September 10th. As of today we have not received any i 21 responses to those. 22 Quickly, staff is recommending approval of r f, 23 this plan. And similar to a condition that was placed 24 on Wheeler Ridge which is, as we said, adjacent to this 25 property, that cementicious products would only be used 29. U/ a c. ' I to replace the material they were designed to replace, j r 2 That was a condition put on by City Council and Wheeler 3 Ridge so we figured we'd apply that to this development. 4 And, again, our recommendi.tion for approval is based on 5 the assumption that the open apace associated with this 6 property would be a benefit to the amaller lots that 7 were typically 60000 square foot lot minimum. And I can 8 answer any questions or open this up to the applicant. 9 MR. ENGELSPECHTS Mr. McNeill. 10 MR. MCNEILLs Explain that statement to me. 11 MR. REICHHARTr Which one? 12 MR. MCNEILLi It sounds like soma job 13 reference or something. He's qualified for any job which 14 he•s qualifiers to hold. 15 MR. DONALDSON: The last word of the 16 condition should be replicate rather than replace. 17 cementicious materials are usually used to copy either 18 stone or wood. So that if you were to use camenticious 19 material that looks like wood, it would fall within the 20 perimeters of the wood requirement which is not more than 21 25 percent. If you use it and it looks like stone, then 22 you could use it within that 75 percent perimeter. i 23 MR. MCNEILLs Okay. r 5 24 MR. RISHELs ild like to gat that more defined r i 25 in the future. 30. Y!" V i I I I MR. DONALDSONs That wording came directly 2 from Council member MR. RISHELS Obviously, it's still 4 confusing. 5 MR. DONALDSON: It's the condition that was 6 adopted in the last ordihan" . 7 MR. ENGELHRECHTS Mr. Williams, you had i 8 question or comment? 9 MR. WILLIAMSi I had a question. I noticed 10 that on the recommendation you said it meets the standards 11 of the proposed Comprehensive Plan and the Comprehensive 12 Plan we're working under is the 1988. Does this meet the 1 standards of the 1988 Comprehensive Plan? 14 MR. REICHHARTi Yes. 15 MR. WILLIAMSi Thank you. 16 MR. ENGELSRECHT: G-her questions? Is there I 17 a requirement on here for percentage of brick, 18 percentage of? 19 MR. REICHHART: I believe there in the 20 backup near the rear, I believe there is a I want to 21 say 75 percent has been 22 MR. DONALDSONs Building materials on page 19 11 well, that's the commercial. / 24 MR. REICHHARTi I recall that it i 25 thought l'd seen it at 75 percent. I don't Pee it right 7l . b3 c f 1 now. 2 MR, ENGELBRECHTs I take it back. The use 3 of wood as a primary source of material should be 4 limited to a maximum of 25 percent of the total i 5 extel i , 6 MR. REICHHARTS That's the commercial tract, 7 though. 6 MR. ENGELBRECHTs Oh, I'm sorry. That's 9 right. Now, I'm back to where I was. 10 MR. BUCEKt It'e 75 percent. If it's not on 11 here it's supposed to be 75 percent. 12 MR. DONALDSONs On Wheeler Ridge there was a 13 set of general conditions that added it there. 14 MR. BUCEKI Somehow it just slipped off of 15 here but it should be 75 percent matching Wheeler Ridge. 16 MR. DONALDSONi But we could say that 17 Condition 1.03 would also apply to the residential. 18 MR. REICHHARV 75 percent, correct. 19 MR. BUCEKI You can actually say that it 20 should match the Wheeler Ridge. But, apparently, it 21 didn't gat typed in. 22 MR. ENG£LBRECHTs Screening, landscaping all / 23 along Robinson Road, the way I see this written it says, A, n 24 It should be provided and it may consist of decorative 25 metal fencing, stained wood fence, metal posts, whatever, 32, c~ I whatever, whatever. My concern again, as it's always 2 been, is that there be a consistency across there, that 3 there be some design established, that it be put into the 4 PD so that it's consistent across, down the road and that 5 if it's replaced over time, it has to maintain that 6 consistency. I don't know how we word that. 7 MR. REICHHART: again, typically, when this 8 will come forward with the detailed plan, the location 9 and type of fencing has to be identified on a detailed 10 plan, and that's where we usually bring that up. 11 MR. ENGELSRECHTt Okay. All right. This 12 will just allow them to use any of those structures. 13 Thank you. I'm sorry, we're on a concept plan. One 14 other question, why are we pulling the commercial? 15 MR. REICHHART: I think it has something to 16 do, and the applicant can speak on this, is what the 17 general layout will be for the future roads that will 18 come through hero. There is some floodplain issues. 19 They have to do more analysis to really determine what 20 would be the best use. instead of putting commercial on 21 it right nuw and then have to come back and say, well, 22 maybe a day care or a community home or it's not 23 really suitable for residential but it's they don't f A, 24 know what is the beat use for that property so they'd 25 just as soon leave it Agricultural for now. 33. tQ5 c~ c I1 MR. RISSELS I'd like to hear from the t 2 petitioner. 3 MR. ENGELBRECHTi Yeah. Okay. Any other 4 questions? Thank you, Is the petitioner or 5 petitioner's representative present? Please give us 6 your name and your business address for the record. 7 MR. PRINDERGRASSS Good morning. My name is 8 Robert Prindergrass. I'm with Eastern Development Company 9 in Plano, Texas. And if you-all will remember we were 10 here a couple of months ago on the wheeler Ridge. Our 11 intent is, and since this is a separate acquisition but 12 it's always been coming through together, that it's the 13 same concept that you saw in wheeler Ridge. You had a 14 question about the fencing and so forth and we talked 15 earlier about how that was going to be done. I thought if 16 I spent two minutes refreshing you a little about wheeler 17 Ridge and then answer your questions specifically about 1s the Kirby track. 19 If you will could go back in your memory. 20 This is the property. This is 2181 Robinson Roid. And 21 this is a gravel road, they call it Nowlin. It's a 22 non-dedicated, et cetera. It's just a gravel road that s / 23 will be changed and go away. This is a subject tract. If / A 24 you'll remember on the wheeler Ridge it actually does have 25 a slight ridge line that runs through. It has these 3d. 1 C1 beautiful, beautiful oak trees. The Wheeler family had j 2 spent at least 20 yearr. grooming them, lifting them up, I 3 cutting the lower branches, It's just park-like. And 4 we'll go back to that plan in a minute. 5 The Kirby tract, you cannot tell it from the 6 aerial, but it has some very gentle rolling topo going to 7 the east, whereas the Wheeler property goes to the west. 8 There are some trees back in here. The flood area that 9 Larry was talking about is in this corner. And 2499, 10 the mystery road that may or may not ever happen, will 11 come up and circulate through there. You saw several 12 mor.lhs ago a concept plan that looked this way and 13 here's our ridge again, the trees. We've added some 14 things since we were here last time to answer that request 15 to the City and the staff was a roundabout the slow 16 traffic. I cannot remember when we were here the last 17 time the little bridge area here that's really more of 19 an aesthetic feature but in reality it has a little hump 19 to it to slow traffic and so forth. This has not changed. 20 This has last Tuesday was zoned and annexed as y'all 21 approved and it had a couple of conditions that I think 22 that Larry spoke to. i , 23 What we have done since that time is now A, 24 come in and here is the Wheeler Ridge, here's what Larry 25 was talking a moment ago which we call the Pannell tract i 35. , G i which I think it was called Hilltop property, and here is 2 the Kirby track. What we're trying to do is to stop what 3 we see going on in some of the areas in Denton where you 4 have pocket developments. You have one small street in 5 and a small street out and the neighborhoods do not 6 connect. There's no homogenizing or uniformity to it. to 7 we're trying to work with this property owner. We're nos? a acquiring this. We're also working with one that you 9 approved about a week ago, and I've forgotten the name of 30 it. It's the Weatherford Whatley tract which is one tract li over so we get some alignment of 2499, jogging trails, et 12 cetera. Basically, it's developers and separate property 13 owners trying to work together. 14 In the Kirby tract We also intend to do the 15 same thing that was discussed before which is the setbacks 16 areas. We're trying to eliminate the tunnel effect of the 17 fences. I'm not sure, Mark, if there much of a fence 18 ordinance in Denton at present, but you end up with a 19 wobbly wood. And I think in the prior case somebody was 20 saying can you prop poles up because it's starting to 21 rove. We've done developments in McKinney and Coppell and 22 other areas where we've eliminated it, done a five to r A 23 six-foot berm, landscaped it, irrigated it, and it gives a r, 24 soft-scape to it and still does some screening for 25 people's gariiges when you go down the main thoroughfares. 36. `i! " a r' I 1 These streets will interconnect. This is a 2 concept plan. We're working through that. We have some 3 issues we've got to address and some drainage and 4 sewers, specifically the existing Nowlin Road and now 5 there is a new sewer line issue that has to be dealt 6 with there. We pulled this out, as you can see, the 7 proposed 2499 comes through. We have the flood in here. 8 We end up about two acres usable. It doesn't make a 9 home site because how do you get to it. It's not a 10 quick stop. There shouldn't get a gas station there. 11 Maybe it's municipal services. We've talked about doing 12 fire stations, talking to them, substations for police. 13 The portion in here which it flood definitely will come 14 back. When you see that in the zoning, it's some sort 15 of park dedication. At present you'll get HOA and park 16 dedication here which is six acres. It's roughly six 17 times the required. if you combine what we're coming 18 through to you tonight with the six acres of open space, 19 the IS acres of open space here, there will be over 24 ` 20 acres of open space which far, far, far exceeds the 21 requirement. 22 The school site you seen drawn was a 23 proposal. We've had multiple over the last four or five A, . 24 months with the school. Unfortunately for us, because 25 we wanted them in there, the flat area of our property, 1V~ 37. f I because there is hilly and topo, is back against this 2 power line and easement area, which I think the board at 3 their last meeting several weeks ago had concern of I 4 think there's a fancy name for it magnetic something, 5 something. We tried to get them into a site up in this 6 area utilizing a little bit of the park. Robinson Road 7 is very hilly. It's a huge development cost in e retention walls. We thought it would be great becausa 9 you'd have soccer fields at a lower level than the 10 baseball fields and the inclines would be neat places for 11 people to sit and look out. That aesthetically would have 12 been great but I think the school felt it was very 13 expensive. This is another flat area. They don't want to 14 be on Teasley because of traffic, kids getting hit, cars is turning in and out, and so forth. So what do we do? 16 We've left the door open to them and hope they come back. ' 17 So plesse do not construe that this proposed school site 19 is going to happen. I don't think it's going to. 1 19 didn't mean to be humorous on the getting hit. We have a 20 property in Prosper and we've had three children hit on 21 Preston Road so far. 22 We have made a commitment to Council members . 23 when we were taking this through that we would do a A. ff`\ 24 mutual or simultaneous detailed plan so that the Pit and 25 then to Council would see both of these detailed plans 3e. {0 1 r' U ' 1 at the same time. There would be no confusion of HOA's 2 and linking of roads and park areas and the open spaces. 3 And the amenities would match, inoluding going down 4 Robinson Road with the berms or even a wall. And when I 5 say berms, many times you'll see berms will have a split 6 rail fence or some sectioning in it which is for 7 screening but primarily the concept would be a berm. But B I think in fairness to P&2 and fairness to the Council, 9 you ought to see those at the same time. Because we're 10 trying to unify it and get credit even though each piece 11 under the '86 Plan and the current proposed plan both 12 qualify on their own, I think it even enhances it when you 13 see it come together. 14 So to recap, I want to make it real clear 15 that this is a dated drawing as of two weeks ago and I 16 don't think we're going to get a school site in. if 17 you'd like to see the things you saw before of the entry is areas and HOA areas, I'm happy to refresh your memories 19 or answer questions. 20 MR. ENOELBRECHTI Any questions? Yes, Me. 21 Courdie. 22 MS. GOURDIEI Mr. Prindergrass, how many i i' 23 I know that you're showing the two different areas but 24 I've got different numbers for land acreage that's going 25 to be on just the tract that we're toning tonight. Could 39. 1 , u u ' f 1 you please tell me how many acres of park land or open 2 space? 3 MR. PRINDERGRASS: There's six acres of open 4 space. The question is yet to be determined between the 5 Wheeler property and this between the Parks Department 6 and HOA. The Parks Department has a limited resource 7 and HOA can do a batter job of maintaining it. So the 8 actual dedication of that has to be worked out in the 9 dotailed plan of how much will be dedicated to the City. 10 And we're really leaving that in the Parke Department's 11 kind of what they want to do. 12 MS. GOURDIE: Because I've got two different 13 numbers. On my first page is says eight acres 14 approximately. I'm sorry, that's the wro:,g part. It 15 says 18 on page 6 so I'm just kind of confused as to 16 what maybe we've got two different things happening ' 17 here with Wheeler Ridge. 18 MR. PRINDERGRASS: There's 18.2 in the Wheeler 19 tract. 20 MS. GOURDIEt In the Wheeler tract, so maybe 21 this page is from that? 22 MR. PRINDERGRASSs I don't know what you have 23 in front of you. A. 24 MS. GOURDIEt I'm sorry. It's page 6 of your 25 backup on open space, number six, please. 40. c c ' l r 1 MR. PRINDERGRASS: That could have been the a 2 previous before we pulled this area out, which is another 3 eight acres of open in here. You may be going to the 4 one you have tonight is the one you need to use. We've 5 modi:ied and pulled out this lower area and that skewed 6 the numbers so you may be having you need to look at 7 the one that was passed out tonight. 8 MR. REICHHARTi 38.6 total acres. 9 MS. GOURDIES Did you find it, Larry, in our 10 backup? So r should just totally ignore our backup? 11 MR. PRINDERGRASSS Yes. 12 MR. ENGELBRECHT: No, that wouldn't have been 13 right in the first place. Something's wrong. 14 MS. GOURDIE1 Something's wrong, yeah. 15 MR. PRINDERGRASSS If you'll refer to the 16 concept drawing, it's this drawing through here and i 17 there's also some smaller what we call pocket parks which 18 are similar to what you have outside City Hall. 19 MS. GOGFDIEi Thank you. 20 MR. ENGELBRECHT. Any other questions? 21 Thank you. Appreciate it. Is there anyone present who 22 would like to spent in favor of this petition? Anyone i A, 23 present to speak in favor of the petition? in that , 24 case, anyone present to speak in opposition? Anyone 25 present to speak in opposition to the petition? Seeing 13 41. 1 t` r' 1 no opposition, we'll waive the rebuttal period. The ' 2 public hearinq is closed. Commissioners, do you have 3 any final questions for staff? Any comments or a 4 motion? 5 MR. RISHELt A motion. 6 MR. ENGELBRECHTt Yes, Mr. Rishel. 7 MR. RISHELt I'd like to move to recommend 8 approval of 2-99-053 with the following conditionst 9 cementicious products will only be used to replace the 10 material they are designed to replace and that 11 replicate, excuse me. And that a minimum of 75 percent 12 of the building surface be brick or cementicious on all 13 sides. 14 MR. BUCERt This Planned Development district 15 standards, that's incorporated into your motion, right? 16 MR. RISHELt Yes, sir. Did I not make that 17 clear? 18 MR. MCNEILLs Second. 19 MR. ENGELBRECHTt It's been moved and 20 seconded to recommend approval with conditions, Mr. 21 Moreno, you have a question? 22 MR, MORENOt Yeah. I don't understand the r' 23 need for that condition with regard to cementicious f1.,\ , 24 materials. 25 MR. REICHHARTt it was a condition that was 42. 41 I I 1 put on the wheeler Ridge application by city council. - 2 we just anticipated that would be required for this 3 application, too. Same developer, same basically, 4 the same development. 5 MR. MORENOt If we're requiring 75 percent 6 brick, are we being redundant? 7 MR. BUCEK3 No. The 75 percent brick has got 8 to be brick but they can use cementicious material on the 9 other 25 percent. instead of having to use wood, they 10 could use cementicious material that looks like wood. 11 MR. REICHHART3 Basically what we're saying 12 is that the cementicious material cannot be considered 13 brick. That's basically what that says. 14 MR. MCNEILL: And I appreciate very much you 15 bringing that comment from the Council because I'm tired 16 of sitting down here till 2300 o'clock and voting for it 17 and then it gets turned down. is MR. PRINDERGRASS3 we didn't know what 19 cementicious material was either until it was explained it 20 to us. Basically, if you've ever been to a Macaroni 21 Grill, it'e not real field stone, that's cementicious 22 material. And what we wanted to do is just say we want 75 i 23 percent of brick or masonry or cementicious material which 24 is the standard, I think, that's throughout. And one of 25 the Councilmen who happens to live in restored Victorian 43, 11 ~J 1 home doesn't like fake wood siding. cementicious 2 material, when it comes to it it looks like wood is twice 3 to three times as expensive as wood. It's not a wasn't 4 an issue to us then if somebody said it's going to be 5 wood, look like wood, it needs to be real wood. And 6 that's fine. We could care lee&. But our main concern 7 was houses today are normally built at a higher standard 8 but we wanted to make sure that the threshold was at least 9 75 percent solid material and not wood. 10 MR. ENGELBRECHT: I understand. 11 M9. APPLEs Now I'm confused because I 12 thought they said 75 percent brick and the other 25 13 percent could be cementicious material and I just heard 14 him say 75 of the cementicious material. 15 MR. REICHHART: 75 percent masonry and the 16 remaining 25 percent could be cementiciou3 fake wood or 17 wood. If you're replacing in the eave of your house, 18 which you typically would have wood, it's either wood or 19 cementicious material. But the rest of it is going to be 20 brick or stone. 21 M9. APPLE: I'm sorry, Larry. That part I 22 understand, but I heard somebody down there say one thing I 23 and then I heard him say something else and I just IA, r. 24 wanted it clarified. 75 masonry. 25 HR. REICHHART: Correct. 44. G U _ I i MR. ENGELBRECHTi Given that we i passed this 2 once and it went to Council and they made this change, 3 might I propose a friendly amendment that we simply 4 recommend that the exterior match Wheeler Ridge? 5 MR. RISHELi Wheeler Ridge. I would accept 6 that as a friendly motion. 7 MR. WILLIAMS= Second. S MR. ENGELBRECHT: All right. Is there any 9 other discussion? In that case, vote, please. Mr. 30 Rishel, Ms. Apple, I'm waiting for a vote. Motion 1 11 carries unanimously. Thank you. 12 13 14 15 16 ' 17 18 19 20 21 22 23 1~ , 24 25 45. r ~ 1 c ATTACHMENT 4 3 Z-99-065 KIRBY TRACT NORTH Ulm L ! J Cl~J I ~.tlu.l I B y KIRBY 'TRACT i trptrtlas in op ~IGon, 200' No titration Ilmit ,.....E I 1 200 FOOT OPPOSITION MAP 200' Legal Notices sent via Certified Mail: 5 500' Courtesy Notices sent via 1° Class Mall: 6 Number of responses to 200' Legal Notice Opposed: 1 (Representing 2 properties) • In Favor: _Q _ • Neutral ,Q, I A Percent of land within 200' In opposition: 3% Seats: None t i i .I . AREA CALCULATIONS FOR Z-99-065 (Kirby Tract Concept Pianl A. TOTAL AREA (Site and 200' Notice Area): 67.93 Ac B. AREA OF SITE ONLY 38.8 Ac C. AREA WITHIN 200' NOTICE AREA (A - B) 29.33 Ac PROPERTIES IN OPPOSITION Location I Address _ Arsa" Southeast ro o 0.43 Ac _ Southwest ro rt 0.46 Ac Total Area In O sition 0.89 At, /+s~ c1 propory wlfhlIt X00' X ~ueHd w~wM 2. PERCENT OF NOTICE AREA IN OPPOSITION (1/C) 3.03% 1 i CALWlA IEO ar, ICR Des: Oman 10, 1 000 I Pulte Homes of Texas, L. Pe October 15, 1999 ~INERI *S VIA NAND DELIVERY 1~E T BUILDER 1997 Members of the Denton City Council C/o City Manager's Office 215 East McKinney Denton, Texas 76201 Re: Approximately 45.5 acres of property proposed for annexation and zoning located at the southeast corner of the intersection of Robinson and Nowlin Road (the "Kirby Property) Dear Council Members: Please be advised that Pulte Homes of Texas, L. P. ("Pultai owns approximately 91 acres of property in the City of Denton south and east of the intersection of proposed F4 2499 and Robinson Road (the "Pulte Property"). The northern border of the Pulte Property is bounded by the Kirby Property. A portion of the Pulte Property is also bounded by the Kirby Property to the east. Tracts immediately to the west and south of the Kirby Property (the "Eastern Development Property") will be developed by the same developer, Eastern Development Companies. The Eastern Development Property runs along the entire western boundary of the Pulte Property. Enclosed are multiple coppies of a color-coded map for your ease in understanding the placement of the Pulte Property, the Kirby Property and the Eastern Development Property. The purpose of this letter is to notify you of Pulte's formal objection to the zoning of the Kirby Property which is scheduled tj be heard at an annexation and wing hearing before the Denton City council on Tuesday, October 19, 1999. In this regard it is our understanding that the proposed zoning of the Kirby Property includes (1) realignment of the north-south portion of Nowlin Road; (ii) realignment of the sanitary sewer force main which was installed by Pulte with the City's approval within the vcatern portion of the Nowlin Road right-of-way and which has already been annexed by the City; (iii) a future alignment of FM 2499 which is significantly different that has been approved by the City, encroaches on the Pulte Platted Property and does + not allow for buffer areas between FM 2199 and residential homes; (lv) lot sizes which are smaller than lots in adjacent subdivisions) and (v) a commercial tract next to Pulte's subdivision which is incompatible with single- family homes. All of the proposals, and the resultant issues, directly affect and impact Pulte, the Pulte Property, Pulte's development and use of Its various properties in the area, and the use and value of and access to the homes already purchased by homeowners from Pulte in the area. As a result, Putts opposes the request for zoning of the Kirby Property. As an adjacent property owner, Pulte hereby invokes its right to require a super majority consent of the City Council in order to approve the zoning application of the Kirby Property. It is our understanding that a super majority consists of 6 of the 7 Denton City Council members. Should you have any questions, please do not hesitate to contact me. Very truly yours, PULTE HOMES OF TEXAS, L. P. A, r By: Enclosures ei\wDrk\auba\o a r• now r in to a beityeoune; I. It r AssT . Cowu"t 4 E • OFV; D v*oo. 1471 areenway Dm,e Suits 700, Irving, TIA21 76138 0972t 5160177 4 FAX 19 771 51 0 26 1 7 c M l 7A$JWSUP-1" ZonW Lamm OA ff Lp. 0A it L-P OMM. T n J U2 Slnrle>`a>Ill RWdentla 1 0 Acres F t: NLeely T~ljt ?o+~l''iada~ / / -Bt A- zmw Tract 1 "Met CommereW 18 Acres , A, I rl. w.... t]or 1660 ` ~ 1{rr j Mill UAW rt1111 Ootf . t ,r !~.1~4~ I is r k y(d *X', ,?i 7 n Ii,..' ,;~t/,.,''`.tirSYSyAr..7yl~,rr?9,yl~"kkrr~ "Is71,r T' y 1 ~t [N LGL LOL 1441, 91. d.mtiWC'.I,..~MtMM.WOII,ML11y ATTACHMENT 5 t ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON TEXAS PROVIDING FOR A PLANNED DEVELOPMENT NO. 170 (PD-170) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 38.6 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF NOWLIN ROAD AND ROBINSON ROAD; PROVIDING FOR A PENALTY fN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-065). WHEREAS, Dowdy Anderson and Associates, Inc., on behalf of Wheeler Ranch, LTD., has applied for a change in zoning for 38.6 acres of land to a Planned Development (PD•170) zoning district classification and use designation; and WHEREAS, on October 13, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORI: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SJ:CfION 1. That the zoning district classification and use designation of the 38.6 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is designated to Planned Development (PD) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: I. That permitted land uses and development standards be restricted to those described in the Planned Development District Development Standards attached hereto and incorporated herein by reference as Exhibit B, and allow land uses permitted with a Specific Use permit in an Commercial (C) zoning district if such use is approved by City Council. 2. That 75 %of all exterior welts of all residential buildings be constructed of masonry. 3, Ccn...rikious products will only be used to replicate the material they are designed to replace. SECTION 2, That the City's official zoning map is amended to show the change in zoning district classification. SECTION 3, That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding 52,000,00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. Pige I S0. 1 u c' G SECTION 4 . That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record•Chroaicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the dale of its passage, PASSED AND APPROVED this the i day of 11999. I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: X le e~-I" PAGE 2 51, ~ i r O ' 1 . 1 EXHIBIT A 38.6 ACRES FIELD NOTES to all that certain tract of land situated in the Bcrry Merchant Sunvy, Abstract 0800, Denton County, Texas and being part of a called MY, acre tract described in the deed from L.H, Head at al to Thomas T. Kirby at ux recorded In Volume 382, Page 539, Deed Records, Denton County, Texas and all of a called 1.973 acre tract described in the deed from Ava Joyce Kirby to Jerry Keith Kirby ct ux recorded in Volume 1615, Page 51, Real Property Records, Denton County, Texas, the subject tract being more particularly described as follows: BEGINNING for the Northwest comer of the herein described tract at a P.K. nail found in the intersection of Robinson Road and Nowlin Road for the Northwest comer of said 80-K acre tract and the Northeast comet of a called 84.786 acre tract described in the deed from Joe M. Brooks and Marjorie Lynn Brooks to Mel Wheeler at ux recorded in Volume 1054, Page 17, Deed Records, Denton County, Texas; THENCE S. 89615'47" E., with Robinson Road and the North line of said 80-1/, acre tract a distance of 951.51 feet to a point for the Northeast comer of the herein described tract; THENCE S. 00°42'01" W. passing at 26.83 feet a Y," iron rod found In the occupied South line of Robinson Road and continuing along said course along and near a fence, in all, a total distance of 1442.79 feet for the Southeast comer of the herein described tract; THENCE S. 48°32'51" W., a distance of 1158.41 feet for a point; THENCE S. 89°31'20" W., a distance of 4.06 fleet, to a W' Iroa rod found in Nowlin Road for the Southwest comer of the herein described tract; THENCE N. 01°35'08" W., with said road a distance of 2222.61 foci to the PLACE OF BEGINNING and enclosing 38.6 acres of land more or less. r,It99g4S'de xripbm-b I i t f>`r1 G~ f t~a10 -)OSSV NOS8300 A3dADd 52 IMTeArts M 10:21 Not{ 111,111:01 . ~ i EXHIBIT B ' KIRBY TRACT PLANNED DEVELOPMENT DISTRICT STANDARDS 1 1.0 Planned Development District - Single Family Residential - 6.0 (SF-6.0) 1.01 General Descrlotion: The Residential Tract is intended to accommodate single family residential uses. The residential units will be comprised of Single Family- 6.0 (SF-6.0) products. Development standards for the aforementioned housing type are outlined within this text. 1.02 Permitted Uses: Land uses permitted within the Planned Development District (PD) are as follows: a. Residential units as described herein. b. Private or public recreation facilities. C. Churches/rectories. d. Schools -public, private, or slate accredited. e. Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts. L Fire stations and public safety facilities. g. Real estate sales offices during the development and marketing of the Planned Development. h. Public streets and private streets. i. Electronic security facilities including gatehouse and control counter. j. Accessory buildings and uses customarily incidental to the permitted uses. k. Temporary buildings and uses incidental to construction work on the premises, which shall be removed upon completion. 1.03 Density: The overall allowed density for Tract 2 of the Planned D-velopment District shall be 4.0 units per gross acre or a total of (154) units, as calculated on a gross land area basis (approximately 38.6 acres). 1.04 Required Parkide: Parking shall be provided in accordance with Article Vl, Section 35.301, Vehicle Parking Regulations of the City of Denton Zoning Ordinance. A Ii I IWT SERVER-COPLANNrNO'H•Eword',99045pdhtl.doc 1 i MOM i 53. i L i 1.05 Slegh-F1mily-6 0: Single-Family-6.0 units are a form of single family, detached housing. This residential type will have access and frontage on a public or private street. Building and area requirements are as follows: a. Lot Area: The minimum area of any lot shall be six thousand (6,000) square feet. b. Lot Coverage: In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, deck, patios, driveways, walks, and other paved areas shall not be included in determining maximum lot coverage. C. Lot Width: The minimum width of any lot shall not be less than forty- tive (45) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbowsleyebrows may have a minimum width of forty-five (40) feet at the front building line; provided all other requirements of this section are fulfilled. d. Lot Depth: The minimum dept of any lot shall be one hundred (100) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-point on front and rear lot lines, of ninety (90) feet; provided all other requirements of This section are fulfilled. e. Front Yard: The minimum depth of the front yard shall be twenty (20) feet. Front porches, roof eaves, chlmneys and other similar architectural elements may extend into the front yard. f Side Yard: The minimum side yard on each side of a tot shall be five (5) feet. A side yard adjacent to a side street shall not be less than fifteen (15) feet. In no case shall a garage door opening be any closer than twenty (20) feet to the right-of-way. a. Rear Yard: The minimum depth of the rear yard shall be ten (10) feet. h. Building Ileight: Buildings shall be a maximum of two and one-half (2 yi) stories. 2.0 Planned Development District - General Conditions 2.01 Conformance to All Aoolicable Articles of the Denton oeingOrdloence: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of the Denton Zoning Ordinance, as it presently exists, 2.02 ScreenlnQn.aad~eaoing along LEI": Landscaping and screening shall be provided along Robinson Road where lots back to said thoroughfare and ' may consist of decorative metal fencing, stained wood fence with metal posts, A landscape planting, cementitious fencing, masonry walls, livi.tg screens or a r combination thereof. NWT SERVER•VPt.AWt','6'14Ewocd~990JSpdhtt.dae 2 10/ I T99 54. i u i 2.03 General ,oeeep) Plaa: A General Concept Plan is hereby attached and made a I part of the ordinance. It establishes the most general guidelines for the district by identifying the land use, approximate thoroughfare locations and project boundaries and illustrates the Integration of these elements Into a master plan for the whole district. 2.04 Street Trees: A minimum of one (1) street tree shall be required on all residential lots within the street parkway. 2.05 4peaggst: The Planned Development district shall conform to the City of Denton Perk Land Dedication Ordinance No.98-039 as it presently exists at the time the ?tanned Development District Is approved. Open space shall be appr,ximatety six (6) acres and shall consist of tree preserve smas, common Baas, amenity center site, greenbelt parks, pocket parks, pedestriantpark connections, landcespe buffers, tloodplain, elechieaVpower/utility easements. 7.06 MaIntenance or Facilities: The owner(s) shall establish, with each preliminary plat submittal, a property ownets association, membership association or other designation that will be responsible for the improvement and maintenance of all common areas and/or common facilities contained within the area of the development plan. f 1\Nt3SERVER•01,PLANNrN".Eword19944Spd.hll,doc 3 ~f Ial/99 55. r- OY\•I 4s~ 11,w11Y• b~rl~ ♦YYr •~f M.IM ~ I ~~=V ~ ` nY~ trus i rY•rW i m i A w ~ / a1YreY RI i KIRBY TRACT w.Ir ♦♦.YI / / ~ Irr wr Yr1 I~i\ ~ ~fw ti ~ ~ XYY A\•Yr~r Wr W ♦•MIY Y♦•~r r♦r♦Y YYI IrIMw.Y11YAr r••r r+lYar♦r IIIY ~MYYI•Y F~IINQ♦•~MY~YIY\IYL Y LL Y NM 14Y I r AGENDA INFORMATION SHEET AQenda NO. ~9- 0¢$ Agenda Item 6 pate -_._LL- 2'- AGENDA DATEt November2, 1999 DEPARTMENT: Planning Department CMJDCM/ACM: Dave Hill, 349.8314 SUBJECT -Z-99-074: (Asbury UnitedAferhodist Church) Hold a public hearing and consider rezoning an approximately 1.4 acre site from a One-Family Dwelling (SF-7) zoning district to a General Retail (GR) district. The property is located on the south side of Sherman between Elm and Bolivar. The proposal is to allow for possible future redevelopment. The Planning and Zoning Commission recommends approval (7-0) with conditions. BACKGROUND The applicant has requested to rezone this property , which Is currently occupied by Asbury United Methodist Church, from One Family Dwelling (SF-7) to General Retail (OR). The applicant is preparing to relocate and sell this property, and believes that a General Retail (OR) zoning classification is appropriate because most of the land around the property Is already zoned General Retail. A General Retail zoning classification will also increase the range of uses allowed on this property, which will in turn increase its resale vAue. Y The subject property is located in a One-Family Dwelling (SF-7) zmting district created in 1969 with the City of Denton's first zoning ordinance. Y The proposed development Is consistent with most of the policies of the 1989 Denton Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies (see Attachment 1 - Comprehensive Plan Analysis section). Tcn (10) property owners were notified of the zoning request. Two (2) responses have been received; one (1) is in favor orand one (1) is neutral to the request (see Attachment 3), PRIOR ACTIONIR .VI .W The following is a chronology of Z-99.014, commonly known as Asbury United Methodist Church; Application Date - September 22, 1999 i PRZ. Dale - October 13 1999 A r ESTIMATED PROJECT SCHEDULE The subject properly is not platted and would need to be replaited prior to any development. I 1 G \I II 1 I EL~CAL 1NFOaMeTrnr` ~ Development of this property will increase the assessed value of the city, county, and school district, No extension ofpublie infrastructure is necessary to service this site. RECOMM M •T••••, The Planning and Zoning Commission recommends approval (7.0) of this zoning request with the following conditions: I. Maximium height of new buildings shall be two and a half stories as determined from the Bolivar Street elevation. 2. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project prevent the diffusion Into the night sky, upward to The Applicant has indicated to staff that a maximum height of the two stories, as determined from the Elm Street elevation, is preferred. 91'.T1M 1. Approve as submitted. 2. Approve with conditions. 3. Deny, 4. Postpone consideration. 3. Table item BHA- tEM I , Planning and Zoning Commission Report, October 13, 1999, Z•99.074. 2. Planning and Zoning Commission minutes from October 13, 1999. 3. Draft Ordinance. Res ecafull submitted- I Mark Donaldson pre/pared by: Assistant Director of Planning and Development honPlanner! 2. i C 1 ATTACHMENT 1 Agenda No, 't3 I FPLANNINC-ANN'NG AND ZONING COMMISSION A3e1dallern STAFF REPORT Subject: AsburyUnited Methodist Church Case Number: Z•99-074 Soft: Thomas B. Gray, Planner I Agenda Date: October 13, 1999 PURPOSE r Hold a public hearing and consider making a recommendation to City Council concerning the rezoning of approximately 1.3 acres from a One Family Dwelling (SF-7) zoning district to a General Retail (GR) zoning district. The Intent is to allow for possible redevelopment on the property, SITE 1 j+ O~w11n~w i 17 . I allies Trla/Ie ii f - 1 I 1` NAfl ; I dr II i LOCATION MAP Location: South side of Sherman between Elm and Bollvar , Size: about 1.3 acres f r , 3. -MMMJ cI i III 6ENlERAk.IN~OA A"~ q ..1 I Owner and Applicant: Asbury United Methodist Church Jerry D. Putnam, Pastor 1919 N. Elm Street Denton, TX 76701 The applicant is requesting a General Retail (GR) zoning district classification for this approximately 1.3 acre property. The applicant is preparing to relocate and sell this property, and believes that the property will have a higher resale value if it Is zoned from its current One-Family Dwelling (SF-7) zoning classification to a General Retail (GR) zoning classification. The applicant believes that this new classification would be appropriate because most of the property surrounding this site is already zoned General Retail. The site Is surrounded by a mix of Ian' uses and zoning districts but is located in an area that Is predominantly retail in na!ure, General Retail (GR) zoning districts border this property to the south, east and west (see Enclosure 2). One Family Dwelling (SF-7) and Multifamily (MF-1) zoning districts are located to the north of this property. This property is, In fact, the only resldentlally-zoned property south of Sherman between Locust and Carroll. COMPREH N3VE.PLA ANALYSIS 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within Intensity Area 24, which Is a Moderate Activity Center. These areas emphasize a diversity of land use developments. They are intended to place jobs and housing in close proximity to one another. Vehicular trip generation due to development -,tjl-hin Moderate Activity Center Is restricted to 350 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 1488 DOP (see Enclosure 6). 199B Denton Plan Policles Analysis The 1998 Den son 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 (see Enclosure 6). 1999 Draft Denton Comprehensive Plan A The 1999 Draft Denton Comprehensive Plan Is still in the development stage and has not been i approved by City Council. It currently places this property within a Community Mixed Use Center. 4. c . - e 'x'4~ r~.w'r~° ,fir y~ .~'zv '•'k, ~ x rd, 11. Transportation A. Trip generation Because the applicant's only plans for this property are to sell, ft Is not possible to determine what the exact size or use of this property will be If and when redevelopment occurs. As well, there are no building coverage or Boor-to-area ratio limitations for General Retail (GR) zoning districts. For evaluation purposes, staff has assumed that the size of the property (approximately 1.3 acre or 56,628 W), plus an estimated 50% land area set-aside for parking and a 20% set-aslde for landscaping, will limit the size of a one-story building being constructed on this property to approximately 17,000 ft' of floor area. A two-story building, then, would contain roughly 34,000 ft' and a three-story building, which Is the maximum allowed In a General Retail (GR) zoning district, would contain 51,000 fill. These three scenarios have boon used by staff for the purpose of traffic estimation. Table 1. Proposed General Retail Trip Generation Bulidout Scenario Total Weekday Allowed Trip Dtffefencb Trip Generation, Generation 17,000 fl' one story) 691 490 34 000 ft two story) 1383 490 z•x.: 51,000 I'll three sto 2074 490 , .42 % 1. General Retail uses generate a weekday average of 4087 trips per 1,000 square feet, according to the Institute of Train Engineers' January 1991 Trip Genereflon Manual: 2. 1.3 acre x an allowed 350 trlpslacre according to the 1988 Denton Development Plan Although the above scenarios Indicate traffic generation in excess of what Is allowed under the 1988 Donlon Development Plan, It should be noted that these scenarios are, In the absence of more detailed Information regarding land use, very approximate and may actually be overestimated. Additionally, there is enough excess capacity on the streets servicing this property to adequately handle the above trip generation scenarios (see subsection C below). B. Access Access from this site would be provided to Elm, Sherman and Bolivar Streets. C. Road Capacity Sharman Is identified as a primary major arterial road by the 1998 Denton Mobility Plan. These ' A, r., roads are designed to be a six (6) lane dlvlded street without parking, providing six (8) lanes of f through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day. Sherman Is currently constructed with four (4) lanes without parking. No recent traffic counts have been taken along this section of the street. S. a t~ ~i I l 4 North Elm is identified as a primary major arterial road by the 1998 Denton Mobility Plan, These roads are deslgned to be a six (6) lane divided street without parking, providing six (6) lanes of through traffic. As such, is designed traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day. Because North Elm Is actually a one-way West, it can handle one-haif of this capacity or 13,950 trips per day. (North Locust, being one-way in the opposite direction, thee (3) lanes without parking. The mosNorth Elm Is currently t recent traffic count for North constructed Indicates atyhastr t eet with a Is adequate capacity to handle the calculated trips that could be generated by the proposed development, A traffic count on North Elm north of University Indicated a daily volume of 8,269 vehicles. This leaves an excess capacity of 5,681 vehicles, which adequately handles any of the trip generation scenarios shown above. Bolivar is identified as a local street by the 1998 Denton Mobility Plan. This street Is designed to be a two (2) lane undivided street with parking, providing one (1) lane of through traffic. As such, i its designed traffic capacity allows for a tolerable traffic flow of up to 4,500 trips per day. Bolivar Is currently constructed with two (2) lanes with parking. The most recent traffic count for this section of Bolivar indicates that there Is adequate capacity to handle the calculated trips that could be generated by the proposed development. A traffic count on Bolivar north of University Indicates a volume of 1,959 vehicle trips per day. This leaves enough volume to accommodate 2,541 additional trips, which adequately handles any of the trip generation scenarios shown above. 0, Pedestrian Linkages Sidewalks along all pu5lic streets are required. 2. Utilities This site has access to existing water and sanitary sewer lines. 3. Drainage and Topography New development will be required to design and construct a drainage sy4tem to city standards. Because this property Is less than three acres in size, no drainage study will be required. 4. Signs As per the sign ordinance. 5, Off-Street Parking New development must provide parking according to the regulaWns of Chapter 35 (35.301) of the Code of Ordinances, 6, Landscaping This property will have to comply with the new Lanc scape Code, which requires fifteen (15) trees s' k F per acre and twenty (20) percent of all surfaces to remain pervious (plentable area). I ?I V1 rr,r R,,;~i i I 7. Open Space and Recreational Areas Nonresidential development is not required to participate In the development of public recreational areas. 8. Lighting Lighting on the property should be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky, This restriction will need to be written in as a condition of the Ordinance approving the zoning change. 9. Environmental Quality Impacts Staff anticipates no major impacts. l PROPERTY HISTORY January 14,1969 - The subject property was placed in the One-Family Dwelling (SF-7) zoning district and land use classification by Ordinance 69.01 which adopted the first zoning ordinance and map for the City of Denton (see Enclosure 2). The subject property is not platted and would need to be platted prior to any development. PUBLIC NOTICE Notice of the zoning request was published in the Denton Record-Chronlcle on Sunday, October 31 1999. Ten (10) property owners were notified of the request on October 1 (see Enclosure 3). As of this writing, there has been one (1) response in favor and one (1) response neutral to the request. No neighborhood meetings were held. STAFF'S ANALYSIS Staff finds the proposed rezoning to be In compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Draft Denton Comprehensive Plan, Because this property Is surrounded on three sides by General Retail (GR) zoning districts, staff feels that this zoning change Is keeping in character with the surrounding area. Staff also feels that the proposed rezoning will "clean up" existing zoning boundaries; currently, this property is the only place of land south of this section of Sherman that is in a residential zoning district. By rezoning the property General Retail A. (GR), a more sensible and definite zoning boundary between retail and residential uses Is created t along Sherman, 7, c. i i c~ I I F Staff, therefore, recommends approval of this zoning change with the addition of a condition limiting the height of any new building constructed on this property to two stories. This Is to ensure that development Is compatible with surrounding properties, which are only one or two stories In height. !V 1. :M4, 1 Staff recommends approval of Z-99-074 with the following conditions: 1. Maximum height of new buildings shall be two stories. I 2, Lighting on the property should be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shins and project upward to prevent the diffusion Into the night sky. MOTION :1~~~~~ ~~~x ~~tkr ~ v°"~ T -.%a" Cva7`•, A,~«'k av~ ,a~ ~tc"'r~ ~R~t. i.. I move to recommend approval of Z-99-074 with the following conditions: 1, Maximum height of new buildings shat! be two stories. 2. Lighting on the property should br designed and maintained so as not to shine on or otherwise disturb surrounding residential prcaerty or to shine and project upward to prevent the diffusion into the night sky. ALTERNATIVE ~ ' 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial, 4. Postpone consideration. 6. Table Item. ENCLO$URE3 1. Vicinity Map. 2. Zoning Map. 3. 200' Property Owner Notification Map, 4, Photographs. 5. Denton Plan Matrix. r 6. Draft Ordinance ~ . 8. d U i ENCLOSURE l Z-99.074 (Asbury United Methodist) NORTH 8 C:1 S.~ SITE ILE 'r- UNIVE ITY Taxes wetiess ff, - { ' '~7W Uslven"y 1 ' i,II I r S 1 I- N . Irx , VICINITY MAP Agenda Dale: October 13, 1999 Scale: None 4, a u i ENCLOSURE z NORTH Z-99-074 (Asbury United Methodist) Q , aF ir.- - o F-J F Taxes 1Ai msft OR umw n 6rsky 1 k NF-2 ZONING MAP ~0-\ ` Agenda Date: October 13, 1999 Scale: None 10. l l I i Z-99.074 (Asbury United Methodist) NORTH L-j 13 o rr~ I ` c3 Fl! TLif q - 11t o N h UNIVERfI~Y ^1 7 _ _ 4 - _1 L e' T•xu WAU• f~ F ° Le ~ U•MnHy e~. L1 of 500' Notification i I 200' - 500' NOTICE MAP 200' Legal Notices sent via Certified Mail: 10 500' Courtesy Notice s sent via 1" Class Mail: 7 Number of responses to 200' Legal Notice • Opposed:, 0_ • In Favor: I . Neutral: Percent of land within 200' In opposition: 0'/. Agenda Date: October 13,1999 Scale: None 11. i LNCLnSURE 4 -ter-- Z-99.074 (Asbury United Methodist) PHOTOS i ~SS~CE'S~~@l~pYY~e : n 7. pr wiJS~'8t .3y Photo 1. The Silo as seen from the northwest Photo 2. The site as seen from the northeast corner of Sherman and Bolivar corner of Sherman and Em r i 'S rT~~ ~ .MK~'~fy ~ Photo 7 Looking east across North Elm from Photo 4. Looking north across Sherman from the sale the site f l _ I ' ~!I!Irt41~ r i Photo 5, Looting wesl across Bolivar from the Photo 6. The site as seen from the northeast s fe corner of North Elm arid University 1.. v . 0 x ENCLOSURE 5 The 1988 Denton Development Plan (DDP) shows this area to be within a Moderate Activity Center. The table below provides a summary of the 1988 Denton Development Plan policies applicable to this project: Denton Development Plan Policy Analysis Summary Moderate Activity Center Development Rating vs. Polley POLICY COMMENTS s 1 Cat9s<cd Intent. These areas are Intended to encourage a dverslty of land use devel a y to one in close dpro m uantlw. and housing x 1ntnNlty Standard. Moderate AcUvlty Allovt Intertsity • 350 tnpyaoe Centers shalt here a standard vehicle trip A3oated Intensity .990 bWsb intensity of 350 trips per day per gross acre (Vaac). x Diversity. Land uses witlin these centers should eddbn a mlMrm of residential and rorresldentiallarduses, Cwvrwdtland retail lard uses should be milted to 113 the total acreage and should net be atlowvl on more than three corners of an Intersectim within a center, x Ngh-Danaityhoudng. Wft-family "atappkntta I"ng Is encouraged In these areas, Indudrp marVa~tured hot". Low DaW1y nalpfibortgod Ftawlrq notappUnWa PratectJam Sapie-farNy residences staid be protected by stud site design cmod, indudng setbacks, "ering, and Iar4scaprq. , Strip Commercial. The pan encourages centers or buslnesa a&vlty while dscouraging mw cornrnerclal devdopr unL x l l z ~ orn 11.1 R,~l~ rI 13 F r 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 development with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1998 OP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Polity Not CATEGORY POLICY Inconsistent AOPncabk ' Consistent i Transportation. Compliments Denton's Long-Range Thoroughfare Plan. X Prorates Access Management Practices x optimizes operations for emergency service prcmder; arid other pudic service providers. x Promotes pudic transportation system, x Contrbutes to the Denton Traits network k Stormwater Marine. Protects SOP year Ooodplaln areas h bwdarce with Denton's watershed management pans. X Conforms to local subdivision regulations. x Contributes to regional Mention Whites. x Provides for naturaf npanao envlronment along noodpain. x Upgrades existing substandard drainage systems as infill and redevelopment occur. x Water and Dmlops and maintains property and private Wastewater. infrastrnxture. x Creates opportunity ror overslzing water and wastewater lines to meet future devel nt demands. ~ x Provides review of proposed water and wastewater infrastructure to ensure K safety and health. n~i N X Promotes infra Improvements over new link exteos". x Electric, Provides underground ekuctdc service for new residential and nonresidential development x Solid Waste, Promotes efficient guess to an development for solid w4ste servloe delivery, x Parks and Recreation. Loca'es parks and recreation fa-~.,rnes In S=dance with the Parks and Recreabon Stratey~r wan. x Enhances parks and recreation Opportunities For residents. x Preserves floodplain for parks and open space to aid in Ooodplaln conservation efforts. x Avows corribming of parks with other public facilities to h achieve cost effective delivery of pudic serrtm x l Residential development sivuld dedicate rand or fees in 4eu of land for neghborhood parks, x / , Environmental Quatity. Promotes preservation of natural resoun.es. _ x Integrates emlronmental prOtectan with ewromic growth and mnnmuniry development, X 14. YI _ i p O i i 1998 Denton Plan Policies Analysis (continued) Denton Plan Policy Analysis Summary Development Rating vs. Policy CATEGORY POLICY Noe IrK~ Applkable CorWstent Nalyhborhooda Rov4de5 aouese Do pubec u 1 mrrrrxnhy fadlUes far reslderrUafrkegfnbor}oods. e,<.,A X Bxmirages a mixture of lard uses M belefk ftSIdeflLS Min ° F r X Protects wd P"Wift odstlrq helghbahoods. ✓<;r~ X .r RortoDes bl and pedesMtan traffic wisn and Ixtwean neighborhoods m reducevehkufar trips. ;j X Housing. Rorides a range of hondrg types ft appeal to AReNq eamoor* and IndvldUal Yfe-sgAa. Offers a variety of single-family lot sizes, b Ailing sizes, and Aloe rarges.; L.wz Reserves eslsUng haring, hdudrg affordable housing, X Iraeases nnflll lousing opportuntles, .4 lowwrnk Contributes to a strong and dverWW local ear" by Ohmenif loaMon, lnaeasing employment and wardrg the tax Dace, r' . X GovenrnsrrL Encourages InDagaremmeoW mordn abon to provide cDSteffeCM Publk SIMOes # X Urban Design. Addresses o0rrrrwn$y appearance N a =rweheftst" 4c;_ ' E9 runner. taverslfies ardilted" appearance of bulk envlrorvntr t Nelgh <a d MR development should be =watbble with ehting land uses and buWrgs Rvteas and preserves Der>mn's ardilD dw*, aAuM and histoea resourom Enha oes the appearano! along major enhanwways. v"; r Romotes the preservation of trees W landzepkg•.; ? X Public tnvokmvient Ravldes an opports*y far puhlk apln an du ng the owwng p octss x A 15. c ENCLOSURE 6 ORDINAN,_, Mme,. AN ORDINANCE OF THE CITY 0AS ROVIDING FOR A CHANGE FROM ONE-FAMILY DWELLING (SF- ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.33 ACRES OF LAND LOCATED AT 1919 NORTH L•LM; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z•99-014) WHEREAS, the Rev. Jerry Putman, on behalf of Asbury United Methodist Church, has applied for a change in zoning for 1.33 acres of land from One-Family Dwelling (SF-7) zoning district classification and use designation to General Retail (GR) zoning district classification and use designation; and WHEREAS, on October 13, 1999, the Planning and Zoning Commission recommended approval of the requested ch rnge in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Grov:th Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION . That the zoning district classification and use designation of the 1.33 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from One-Family Dwelling (SF-7) zoning district classification and use designation to General Retail (GR) zoning district classification and use designation under the comprehensive zoning ordinance of the city of Denton, Texas, subject to the following conditions: 1. Maximum height of new buildings shall be two stories. 2, Lighting on the properly shall be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion into the night sky, SECTION IL That the City's official zoning map is amended to show the change in zoning district classification. SECTION Ill, That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 1V. That this ordinance shall become effective fourteen (14) days from the date a of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be 1', published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within icn (10) days of the date of its passage. i 16, o c. PASSED AND APPROVE99y~ .1998. TACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUPY, CITY ATTORNEY BY: 17. j 1 U r EXHIBIT A PROPERTY DESCRIPTION Being a tract or parcel of land situated in H. hfeisenheimer Survey Abstract No. 811 City of Denton, Denton County, Texas, and being a tract occupied on the ground as tract described by { deed from (7. W. I linkle and Kenneth Hinkle to Asbury Methodist Church of Denton recorded in Volume 362, Page 560, Deed Records, Denton County, Texas, and being more particularly described as follows: Beginning at an "X" found cut in concrete in the West R. 0. W. of North Elm Street, said "X" being the Northeast corner of a tract of land described as Lot 1, Block One of Elm-University Addition as rccorded in Cabinet 1, Page 230, of the Plat Record3, Denton County, Texas, and being the Southeast corner ohhis tract. Thence North 89 degrees 46 minutes 06 seconds West, with the North line of said Elm-University Addition, a distance of 316.88 feet to a 1/2" rebar set in the East R. O. W, tine of Bolivar Street, said rebar being the Northwest corner of Eim-University Addition and the Southwest corner of this tract. Thence North 00 degrees 57 minutes 00 seconds East, with the East line of Bolivar Street, a distance of 186.16 feet to a 112" rebar set at the Southeast intersection of Bolivar Street and Sherman Drive being the Northwest corner of this tract. Thence South 88 degrees 46 minutes 06 seconds Bast, with the South R. O. W. of said Sherman Drive, a distance of 313.80 feet to a 1/2" rebar set at the Southwest intersection of Sherman Drive and aforementioned North Elm Street being the Northeast corner of this tract. I Thence South 00 degrees 01 minutes 18 seconds East, with the West R. O. W. of North Elm Street, a distance of 180.67 feet to the Point of Beginning and containing 1.328 acres of land. 0r' a*~ 1i1 v, t/ A jV s r A le. c ATTACHMENT 2 1 MR. ENG£LBRECHT: All right. That will aove t, 2 us to Item 16, hold a public hearing and consider making 3 a recommendation to the City Council concerning the 4 rezoning of approximately 1.3 acres from a one-family SF-7 5 dwelling zoning district to General Retail. The property 6 is located on the south side of Sherman Drive between Elm 7 and Bolivar. The purpose of the zoning r:hange is to allow e for possible future redevelopment. At this time I'll open 9 the public hearing and ask Mr. Gray to provide us with the 10 staff report. 11 MR. GRAY: Thank you and good morning. I 12 will try to make this as quick as possible so we can get 13 some sleep. First thing I want to point out is due to a 14 glitch with the copier, for some reason page 6 of your i5 staff report probably did not get copied. I have extra 16 copies here that I will pass out just in case you don't 17 have it. Some people apparently have it and some people 18 don't, but just in case you don't there it is right s 19 there. Also, I have a response from a property owner in 20 favor of the request and a response neutral to the 21 request. I will pass these around. 22 And very briefly explain the zoning case. 23 This is Asbury United Methodist Church at 1919 North Elm At 01 24 Street just north of University. Here's the site right i 25 here where the church is located. The church itself is 19. c. I in the process of relocating and when they relocate, 2 they will sell this property off. And so the applicant, 3 the church in this case, has requested rezoning. This 4 is because the property is surrounded it's SF-7 but 5 it is surrounded on three sides by General Retail. 6 Staff believes that it makes more rational 7 sense for the zoning boundary between the residential 8 area and the general retail area to be continuous along 9 Sherman instead of dog-legging down through half of this 10 block and then dog-legging back up. It just 11 consolidates zoning districts and clean up the lines a 12 little bit. Also, it is in compliance with the 1988 13 Denton Development Plan, which considers this whole area 14 a moderate activity center. And the 1999 draft Denton 15 Comprehensive Plan, should it be passed, would also 16 designate this entire block as a community mixed-use 17 center. i 18 So that's the gist of the zoning case. 19 There are some and staff is recommending approval. 20 There are a couple of conditions that need to be 21 discussed real quickly. one, of course, is the standard 22 lighting condition for nonresidential property. And, 23 also, staff felt that it would be appropriate to limit the A, . r. 24 height of any new building built on this site to two 25 stories. This is, first of all, because all the other 20. 1 t I General Retail establishme:ts around, excuse me, around 2 the property are one or two stories in height. However, 3 since then the applicant has brought up a very good 4 question which is that the site is on a slope and, 5 therefore, there's actually what's a front story on one 6 or the first story on one side turns into a basement 7 as the slope goes up. so the applicant might want to e request that the Planning and Zoning Commission change 9 or make the condition a little bit more specific. In 10 General Retail the maximum building height would be 11 limited to three stories anyway. Here we're just 12 limiting it to two just in case the church should get torn 13 down 20 or 30 years from now. Who knows? Somebody 14 wouldn't be able to put up a tall building right behind 15 this single-family, multi-family residential district. 16 Let me show you some pictures very quickly. 17 Of course, there's the church itself as seen from the 18 northeast and the northwest side. Ind down there is the i 19 basement. As you can see, the property slopes up. So 20 you enter here and end up in the basement. Right across 21 the street is an Eckerd's on one side. On the other side i 22 across Bolivar is an O'Reilley Auto Parts store. And 23 then, of course, in the front of it is a strip center, , I,I (fry 24 Blockbuster Video. So it's really surrounded on all sides 25 by General Retail. On the other side of Shorman Street is ilk) O ' 21. 1 1 there is some residential over here and there's a 2 vacant lot right here. I can't think of anything else so 3 if anybody has any questions. 4 MR. ENGELBRECHTS Commissioners, questions? 5 Yes, Mr. McNeill. 6 MR. MCNEILL: It's the whole area from 7 Bolivar over to Elm; is that correct? 8 MR. GRAYI Uh-huh. 9 MR. MCNEILL: So it's bounded on the north 10 by Sherman. I couldn't remember whether the parking 11 lot is over to the west. 12 MR. GRAY: Yeah. The parking lot is right 13 here. 14 MR. MCNEILL: So they're asking for the whole 15 area to be rezoned? 16 MR. GRAY: Right, their entire lat. ' 17 MR. MCNEILL: Okay. Thank you. 18 MR. ENGELBRECHTS Ms. Gourdie. 19 MS. GOURDIEI What is the height do you 20 know the heigL ' the church is right now, how many I 21 stories? 22 MR. GRAYS I don't know off the top of the 23 head what the height of the church is. Perhaps Raverand 24 Putnam could answer that question. i 25 MS. GOURDIE1 What do you consider how ma~iy ~1 22. , _ _ I t I feet is two stories in your 3 2 MR. GRAY: Zoning Code typically defines two 3 stories as 11.5 feet, more or less. I mean 11.5 feet I 4 per story so two stories would be 23 feet, I guess, I j~ 5 don't know if Mr. Donaldson wants to add anything I 6 regarding stories. 7 MR. DONALDSONr If you happen to have a 8 structure that had 15 feet between floor and ceiling on 9 two stories that would be 30 feet. 10 MR. ENGELBRECHT: Are there other questions? 11 With regard to your question I'd like to make a ccm~n-nt 12 and maybe a question. As I understand it it's not a 13 matter of how many stories. The backup or the staff 14 recommendation is to limit the floor area of the first 15 floor to 17,000 square feet, which you would have to 16 match then going up. And your recommendation is for f ' 17 two-story. That becomes a where that comes into play 18 is in trip generation, in my opinion. That would drive 19 the trip generation to 282 percent over what is allowed 20 by the Denton Development Plan. My concern there is, 21 and it is frequently with more of these cases is when we 22 see that, what we get over here under the plan analysis r, 23 is somewhat inconsistent. Well, what do we have to go to at { 24 to get significantly inconsistent? There's a concern. 25 MR. DONALDSON: Well, there's language in 23. I i the '88 Denton Development Plan that allows the t 2 Commission and Council to deviate from those intensity 3 standards under certain circumstances such as locations 4 next to arterial roads that conceivably can handle more 5 traffic than a local road. So if they ever had that 6 same sort of trip generation and were surrounded only by 7 local roads, then it would be significantly i e inconsistent. 9 MR. ENGELBRECHT: Okay. That's what the 10 staff's using as their tool? 11 MR. GRAYI Right. Because it does show in 12 the staff report that we believe there is adequate 13 capacity on the roads surrounding the church. 14 MR. ENGELBRECHT: Well, and that leads me to 15 one other question. Access, you have indicated that + 16 access could be provided by Elm, Sherman, and Bolivar. ' 17 is it in our best interest through the city to allow 18 access off of Sherman onto this property? It seems to 19 me that we'd be much better off limiting that to Bolivar 20 and Elm and thereby keeping Sherman open. 21 MR. DONALDSONi We would require that the 22 access be off of the lesser rated roads. 23 MR. ENGELBRECHTs okay. So the material A 24 would say access from the site would be provided to Elm 25 and Bolivar and we would cross out Sherman. 24. ~ 1 t I I MR. CRAYS Sherman Was just put on there 2 because it is a bordering adjacent street. One other 3 thing I do want to note is the trip generation 4 estimates, these are worse case scenarios. There are if 5 we have a large retail store there and 30 percent of the 6 site which is, more or less, the maximum what they could 7 build on. B MR. ENGELBRECHT: One thing that's an issue 9 here though is we do have a neighborhood across the 10 street and it's one that is in a position to swing, And 11 I think we have some requirement to be careful that we 12 make sure that we're encouraging that neighborhood to go 13 in the positive direction and not to deteriorate. Any 14 other questions for staff? 15 MR, WILLIAMS: I need page 6 backup, 16 MR, RISHELS Just a point of clarification, 17 1 think to the north of what is the structure now, if 1s I'm not mistaken, there is a lot, a house that went in I j 19 that lot very recently. In fact, it was a home that was 20 moved on-site and foundation built under it. Is that 21 the correct site? 22 MR, DONALDSONs No, that's down at Locust. 23 MR, RISHELS Further down? I'm sorry, A 24 Thank you for correcting me, 25 MR, ENGELBRECHTJ Any other questions? 25. i c I Okay. Is the petitioner or petitioner's representative 2 present? If you would give us your name and address for 3 the record and then tell us if ever in your wildest 4 dreams expected that you'd be here at 2:00 a.m. 5 MR. PUTNAM: I'm Jerry Putnam, Pastor of 6 Asbury United Methodist Church, 1919 North Elm. And I I 7 thought church committees worked late. I have a new j 8 appreciation for late, 9 MR. RISHELI Thank you. 10 MR. PUTNAMi Really this proposal is going 11 to fix a problem for the City which has also been a 12 problem for the church for many years. With an average 13 attendance of 300 in our worship services, we have 87 14 parking spaces. We've gone to three services to try to 15 accommodate better. But still we have unhappy neighbors 16 whenever our members don't comply with our request for ' 17 consideration on parking. And so we overflow into the 18 neighborhood and into other businesses. And so we're 19 going to fix the problem for you if you'll let us by 20 moving to 13 acres at Locust and Hercules. 21 The buyer is concerned, or the potential 22 buyer is concerned about the zoning because thcre's no i 23 way that he could make retail use of that property or A, r. 24 any other potentially pcifit-making use of that property 25 without a zoning change. The other issue is related to U" 26. I i the height of the building. Presently, the building is 2 52 feet tall to accommodate to the peak of the roof. 3 It is a you enter on the front part of the building 4 from ground level onto actually what would be the second 5 floor entering from the back side or the Bolivar side of 6 the property. There was some concern that perhaps if 7 someone were to come in, that would limit them to really f I e one story on the level that they have the exposure to 9 the front of the building, which right across the street 10 is Eckerd's which has a 40-foot single rtory building. 11 At any rate, we would like to ask that you would 12 consider some variance there in order to accommodate the 13 sale of the property. I don't see a traffic problem 14 because any retail outfit is going to have to come in 15 there and have parkins for whoever they're going to 16 service and they're not going to come in and build a 17 problem for you with 85 parking spaces. So we just ask 18 that you would give us some consideration on this. 19 MR. ENGELBRECHTr Commissioners, are there 20 questions? Thank you. Anyone present to speak in favor 21 of this petition? Anyone present to speak in favor of 22 the petition? Now here's a loyal member. If you would . 23 give us your name and address. A e 24 MR. ALLENr My name is Dalton Allen. I live 25 at 111 Lexington in Denton. I also own, just north of 27. l 1 1 this property, about three acres, 11 properties up the 2 road on the Bolivar and Elm Street side, that entire area. 3 so you had mentioned the residential impact, that's not a 4 particular concern to me. Those are rental houses and 5 there's a buffer in the way of a vacant lot between the 6 church and the other houses that are there. The way that 7 they're faced and the way they're structured I don't 8 believe that's a concern. 9 I don't know whether you've received any 10 other input from residents around there or not, but the 11 height issue, the church currently is 52 feet as you enter 12 Elm Street from the bate of the church, the lawn to the 13 peak of the roof. The steeple goes up to about 72 feet. 3.4 That is just on the Elm street side. As you enter from 15 the back side of the church, you pick up another ten or 12 16 foot of height from the ground because that's what it 17 drops because you have the basement and then it goes up i 18 the 52 foot from there. So you're dealing with a 60 or 65 19 foot structure on the Bolivar side versus 52 foot on the 20 Elm side. Also, Itm the prospective purchaser for this 21 church. The buildings that are going on around there are 22 significantly higher than that as they appear at least i 23 outside from like 40-foot tall. So that's really all I A` 24 wanted to sr,, 'hare. 25 MR. ENGELBRECSTS Commissioners, any U~ ze. c I questions? Mr. Moreno. 2 MR. MORENO: Yes, sir. You mentioned 3 possibly tearing that church building down. If it was 4 torn down would you rebuild a new structure on the exact 5 same footprint? It would seem to me that you might move i 6 it to the west a little bit. 7 MR, ALLEN: Well, we certainly would not 8 intend tearing it down. The only reason I could think 9 that the issue of height of a building would come up was 10 if the building were removed because there's already one it there. So i would assume that that would be the only 12 time that the issue of height would come into play. 13 When we're talking abuut the height of the building is 14 if that building were removed by storm, lightning, or 15 any other way, then something that das rebuilt would 16 havo a height limitation. So that's the reason I spoke 17 to that. 18 MR. ENGELBRECHT: Are there other questions? 19 If you would just a moment, sir. This is a question 20 I'll ask you first. Do you know what the total sq,.are 21 footage is for the church with the three floors now? 22 MR, PUTNAV! Actually, four floors now. , 23 Well, it's not. It's really three because it's ! A, 24 MR, ENGELBRECHT: There's a balcony in 25 there, too. 29. 1 I 1 MR. PUTNAMi Yeah, it's really three. And j 6 2 it's about 26,000 square feet. 3 MR. ENGELBRECHT: All total on the three 4 floors? 5 MR. PUTNAMt on the three floors. 6 MR. ENGELBRECHTi Before you leave I have a 7 question for staff. Given that square footage, what sort 8 of uses would be allowed in there given the parking that 9 we have, the 60 whatever spaces? And given if this is 10 rezoned, is that going to have to meet the Landscape 11 ordinance on the Bolivar and 12 MR. DONALDSO;i: Any redevelopment of the 13 property would have to meet the Landscape ordinance. 14 That's triggered by building permits. Within 260000 15 square feet you could do a mix of retail and office 16 uses, for example, in a two-story building, and probably I 17 park it on that lot. is MR. ENGELBRECHTS Okay. Frankly, I ask that 19 question because the church is spilling over, that's one 20 thing, that's a few days a week. But if retail busir,eas 21 starts spilling over into the neighborhood I think it 22 has a much more negative impact on that neighborhood. i 23 All right. I have no other questions then. Thank you. i 4 / Q (try 24 re there anyone also present to speak in favor of this 25 petition? in that case, is there anyone present to 0 30. cII I speak in opposition? Anyone present to speak in 2 opposition? Seeing no opposition, rebuttal period is 3 waived and the public hearing is closed. Mr. Gray, any 4 final staff remarks? 5 MR. GRAY: Other than the fact that staff 6 recommends approval, no. 7 MR. ENGELBRECHTS And the maximum height of B new building, your recommendation is that that be at two 9 stories and then there's the lighting standard. And is 10 it necessary to put in there that there would be no 11 access off of Sherman Drive? 12 MR. DONALDSONS It would be a platting 13 requirement that we not allow it. In the event that 14 actually, it would be a 15 MR. ENGELBRECHTt If we state it here are we 16 covered then? We don't have to worry about arguing 17 about it later on. is MR. DONALDSONs Yeah. We could probably 19 redevelop without replotting. They currently have no 20 curb cuts on Sherman, I don't think. 21 MR. ENGELBRECHTi I'm not sure about that. 22 I think thers is. Isn't there one? 23 MR. MCNEILL: Not on Sherman, r A, 24 MR. ENGELBRECHTS There isn't ono out of the 25 parking lot? okay. I 31. c I MR. DONALDSON: It changes grade all along { 2 there. 3 MR. REICHHART: Jerry Clark, just Lefore he 4 left mentioned that it would be a platting issue and, 5 typically, they probably would not get access, additional 6 access to Sherman. 7 MR. ENGELBRECHTs Okay. 8 MR. REICHHARTS The only thing is with the 9 height restriction, maybe you can identify to what street 10 frontage you'd refer to because there is a 12-foot 11 difference, basically. I 12 MR. DONALDSONs Two stories from the Elm 13 Street frontage perhaps. 14 MR. REICHHART: Right. Or two stories from 15 internal. 16 MR. DONALDSON: Or you could limit the 17 square footage. 18 MR. MCNEILLS fir you could say the maximum 19 height of the new building shall be two stories and a 20 basement as it faces Bolivar. 21 MR. DONALDSONS Yes. 22 MR. WILLIAMS: I guess I do hLve a question. 23 I'm kind of concerned about parking. If that turns into ~1.\ , 1. 24 a nightclub, that could be very, very serious so I guess I 25 probably need to dip in Mr, uillinghamse business and find 32. ~I i t. 1 out basically what he's planning to do before I make a t 2 decision based upon parking. 3 MR. DONALDSON: In the event it would 4 redevelop as a use such as a nightclub, the occupancy 5 with that use would primarily bo a function of the 6 number of parking spaces that they could put on the lot 7 and the building permit would be controlled as far as 8 the occupancy of the building. For example, if they 9 have 80 parking spaces, they would probably be only 10 allowed to redevelop as much square footage as 80 11 parking spaces could accommodate. And we can control 12 that through an occupancy level, either through 13 controlling the number of tables, the number of chairs, 14 or through the Fire Code. 15 MR. WILLIAMS: Okay. Thank you. 16 MR. DONALDSON: He could achieve parking 17 spaces off-site by dedicating with adjoining properties. i8 AR. WILLIAMS: Okay. Thank you. 19 MR. ENGELBRECHT: Well, that brings up 20 another question. They're asking for a new zoning 21 classification, General Retail. We always have the 22 option given that this, particularly given that this is 23 across the street from single-femily residential, to limit A. t: 24 or restrict that to certain aspects of genoral retail and 25 not all of them, if there's any desire to do that. 33. _/l 4 a r' I MR. BUCEKS Also, under the 35770 under the 2 Zoning chapter, you can only have a licensed privdte club 3 by a specific use permit. They'd have to come in and get 4 the authority to do that. 5 MR. WILL1AMSs Okay. That's fine. A 6 restaurant or whatever, and I just threw out club 7 because you usually have more people there than you a would at a regular restaurant, But my concern is 9 parking. Whatever use it is, that's my concern. And I 10 don't think in a normal retail, business won't be that 11 great. 12 MR. BUCEKS And you are corrent. A 13 restaurant could go in there in this category. So that 14 could be a use that could create a lot of parking. 15 MR. WILLIAMSS Okay. Okay. So I guess we 16 need to 17 MR. DONALDSONs But, again, uses such as is that have a licensing requirement and we get involved in 19 and quite often the number of parking spaces dictates 20 the amount of usage that they can have, 21 MR, WILLIAMS: Okay, So it will be handled by 22 somebody within the city? i 23 MR. DONALDSONs Yep. A, n ll~~ 24 MR. WILLIAMSs Okay. 25 MR. ENCELBRECHTI Any other questions? Ms. ~3 34. r1 Gourdie, 2 MS, GOURDIES Thank you. If in the near 3 future or actually the future, if it would be possible 4 and we are rezoning into a commercial use such as 5 General Retail, could you please list the validated 6 the acceptable? 7 MR. ENGELBRECHTS Allowed uses. 8 MS. GOURDIES Thank you. Just to help us 9 understand what we're looking at because there are so 10 many different things that are available in each 11 category and it's hard for us to keep up. So it would 12 be a useful tool for us to know what we're doing, 13 MR. GRAYS I can go down the list and read 14 them here. 15 MS. GOURDIES I know you could read it. It 1 16 just makes the visual so much easier than to hear it. 17 But just for future. Is MR. GRAYS Right. { 19 MR. ENGELBRECHTS As,y other questions for 20 staff? If not, are there any comments or a motion? 21 MR, RISHELS Motion. I move to recommend 22 the approval of 2-99-074 with the following conditionss i 23 the maximum height of now buildings shall be two and 24 half stories f.om the Bolivar Street aidet lighting on ] 25 the property shall be designed and maintained so as not li 35. . I 4 ! I' i 1 to shine on or otherwise disturb surrounding residential a 2 properties or to shine and project upward to prevent 3 diffusion into the night sky. 4 MR. ENGELBRECHTS Second. Any discussion on 5 the motion? 6 MS. GOURDIES I$m just curious. So the 7 lower side is the Bolivar side and the Elm side is the a high side? 9 MR, GRAYt Yes. 10 MS. GOURDIE1 All right. Thank you, it MR. ENG£LBRECHTS Any discussion? Other 12 questions? Vote, please. Motion passes unanimously, 13 Thank you, Mr. Gray. 14 15 16 17 18 19 20 21 22 23 / 24 25 J 3G. ~ t i I t , c I I i I i I i i raluirwr~mMaca.0i+..,a4re,,,t 11Jf1 b.A AY..nv I ATTA:1.4ENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENfON, TEXAS, PROVIDING FOR A CHANGE FROM ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL (OR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.328 ACRES OF LAND LOCATED AT 1919 NORTH ELM; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, (Z-99.074) WHEREAS, the Rev. Jerry Putman, on behalf of Asbury United Methodist Church, has applied for a change in zoning for 1.328 acres of land from One-Family Dwelling (SF-7) zoning district classification and use designation to General Retail (OR) zoning district classification and use designation; and WHEREAS, on October 13, 1999, 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, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECTION t. That the zoning district classification and use designation of the 1.33 acre property described in the legal description attached hereto and incorporated herein as Exhibit A Is changed from One-Family Dwelling (SF-7) zoning district classification and use designation to General Retail (GR) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions. I . Maximum height of new buildings shall be two and a half stories as it faces Eoliver. 2. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. SECTION 2. That the City's official zoning map is amended to show the change in zoning district classification. SECTION 3. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense, SECTION 4. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in tSe City of Denton, Texas, within ten (10) days of the date of Its passage, 37. 1 (1' (1 • ~ tll.l4l0l1'4NlUCWiI0l'0, D~r~OihwwiMMM0bw,Y PASSED AND APPROVED this the day of _ , Iggg, i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I BY:~ Gc ce"( I I 1 I 1 j 1 I r PAOE2 38, G G . EXHIBIT A PROPERTY DESCRIPTION 4 Being a tract or parcel of land situated In H. Meisenheimer Survey Abstract No. 811 City of Denton, Denton County, Texas, and being a tract occupied on the ground as tract described by deed from G. W. Hinkle and Kenucth Hinkle to Asbury Methodist Church of Denton recorded in Volume 362, Page 560, Deed Records, Denton County, Texas, and being more particularly described as follows Beginning at an 'X' found wt In concrete in the West R. 0, W. of North Elm Street, said "X" being the Northeast corner of a tract of land described as Lot 1, Block Oro of Elm-University Addition as recorded In Cabinet 1, Page 230, of the Plat Records, Denton County, Texas, and being the Southeast corr -r of this tract, Thence North 89 degrees 46 minutes 06 seconds West, with the North line of said Elm-University Addition, a distance of 316.88 feet to a 1/2" rcbar set in the East R. 0. W. line of Bolivar Street, said rebar being the Northwest corner of Elm-University Addition and the Southwest comer of this tract. Thence North 00 degrees 57 minutes 00 seconds East, with the East line of Bolivar Street, a distance of 186.16 feet to a 112" rebar set at the Southeast Intersection of Bolivar Streel and Sherman Drive being the Northwest corner of this tract. Thence Soudi 88 degrees 46 minutes 06 seconds East, with the South R. O. W. of said Sherman Drive, a distance of313.80 feet to a 1/2" rebar set at the Southwest Intersection of Sherman Drive and aforementioned North Elm Street being the Northeast corner of this tract. Thence South 00 degrees 01 minutes 18 secordt East, with the West R. 0. W. of North Elm , Street, a distatue of 180.67 feet to the Point of Beginning and containing 1.328 acres of land. I ~ P 4* a F I A I i' ~e ~3 r• goo ~s<<e ~ U 99 A °Or\ 39. G AGENDA INFORMATION SHEET Agenda No. -0 48 Ageodallem__-* L4 , Date_ 1. 2 AGENDA DATE: November2, 1999 DEPARTMENT: Planning Department C1N1/DCAI/ACA1: David flit], 349-8314 SUBJECT - A-96 (Silver Dome at Cooper Creek) Hold the first of two public hearings regarding it proposed voluntary annexation of approximately 24 acres located at the southwest comer of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas. The zoning at the time of annexation will be Agricultural (A). (A-96, Silver Dome at Cooper Creek) BACKGROUND The applicant has requested the property be annexed. The property is currently undeveloped. The developer's stated purpose of the annexation is to incorporate into a proposed single family development. The zoning at the time of annexation will be Agricultural (A), but the developer is requesting a zoning change to One-Family Dwelling (SF-7) under separate petition. The development as proposed will require public improvements. The following is a preliminary list of those improvements which may be triggered by the platting process: 1. Right-of-way dedication along Silver Dome and Cooper Creek. 2, Participation in a future traffic signal at Silver Dome and Cooper Creek. 3. Construction of internal strectx. 4. Construction of sidewalks along all public streets. s. Extension of public utilities to service the development 6. Possible upsizing of existing public utilities. 7. Installation of fire hydrants. S. Dedication of public utility easements. 9. Possible construction or expansion of library services. 10. DeN elopment of new parkland. 1'he development, if built out as a residential subdivision as proposed, would be subject to the land dedication portion of the Park Dedication Ordinance (Ord, 98.039). Although an application for platting has not been submitted, if platted prior to annexation the proposed development would be exempt from the park development fees of the Park Dedication Ordinance, because it is located in the F.'TJ. If it were withfn the City, park development fees (#187 per residential lot and,'or unit) would be collected when building permits were issued. i In accordance with the City's annexation policy plan, approved in June 1993, the City will A "assess on a case by case basis the annexation of areas in the ET) when significant developments J are proposed." $UQGF.STED RECOMMENDATI01f The Growth Management Plan indicates that this area should be developed as a residential neighborhood center, and, the 1999 Draft Denton Comprehensive Plan anticipates this property to 1. 1 C~ I III Lr\ I , be within a low-density residential Neighborhood Centers area. Since this property is outside the city limits, annexation Is the logical step to ensure development consistent with Denton Comprehensive Plan, It will provide the City of Denton the authority to regulate land use based upon zoning classification. Therefore, staff recommends that the City Council conduct a thorough analysis regarding this request for annexation. ' J1FW f o ~ncll Boards ~ ~ Wober 12,1999: City council institutes annexation proceedings. EISQAU EQBMATiQ1Y None at this time, QULOM 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 3. Table item. ATTA I M M I, Location Map 2. Zoning Map 3. Utility Map 4. Denton Mobility Map 5. Annexation Schedule 6. Service Plan 7. Service Analysis - Transportation S. Service Analysis - Police 4. Service Analysis - Fire 10. Service Analysis - Electric 11. Service Analysis - Parks & Recreation 12, Service Analysis - Solid Waste 13. Service Analysis - Library 14, Petition for Annexation Rlly submitted: / / T Ate .1 S~ Mark Donaldson Prepared by: Assistant Director of Planning and Development A, , Thomas g. dray - Planner I 2. Si ATTACHMENT 1 A•96 (Silver Dome and Cooper Creek) NORTH SIT! cr r+,u o oil be off LOCATION MAP Agenda Date: November 2, 1999 Scala: None 3. a u III ATTACHMENT 2 ~ E A-96 (Silver Dome and Cooper Creek) NORTH ET J i A ° t.o _V rp~~ ~ Sl ~icp C n • n. A j ETJ A _h.r_w~ r v r r r a ' CURRENT ZONING MAP r Agenda Date: November 2, 1999 Seale: None 4. t 1 . i i ATTACHMENT 3 NORTH A•96 (Silver Dome at Cooper Creek)-- tJ U. _FN No` Park r Eli wry SITC ° \i D J UTILITIES MAP • Hydrants Water Line (W. L.) , • • - Sewer Line (S. L.) (A Agenda Date: November 2, 1999 Scale: None 5, r ►r ATTACHMENT 4 r. A-96 (Silver Dome at Cooper Creek) NORTH Its, >~r \ E f ila perk r" 4n y~~ y} y Er011~y L7t ° r Ic / SITE,' L_ cl I L~r i DENTON MOBILITY PLAN MAP Freeways Primary Major Arterlals Secondary Major Arterials r A Collectors t < Agenda Dale: November 2, 1999 Scale: None 6o J 1 L• I I ATTACHMENT 5 A-96 (Silver Dome at Cooper Creek) ANNEXATION SCHEDULE September 24, 1999 Staff recelves annexation petition. October 12, 1999 City Council receives a preliminary assessment, gives direction to staff and considers approval of a schedule or public hearings regarding the proposed annexation. o Preliminary Annexation Assessment prepared. a Annexation Schedule prepared. October 23, 1999 Notice published in Denton Record-Chronicle for first public hearing. o Annexation Study prepared and available for public review. o Service Plan prepared and available for public review. October 31, 1999 Notice published In Denton Record-Chronicle for second City Council public hearing. October 31, 1999 Notice published In Denton Reoord-Chronlcle for Planning and Zoning Commission public hearing. November 2, 1999 City Council conducts first public hearing, • Public notice must be no less than 10 days and no more than 20 days before public hearing. November 10, 1999 Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council reg ~rding the proposed annexation and the proposed zoning. Public notice must be no less than 10 days before public hearing. November 18, 1999 City Council conducts second public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. December 7, 1999 City Council by a four-fifths vote institutes enrexation proceedings. First reading of annexation ordinance, • Action must be more than 20 days after th9 second public hearing but less than 40 days from the first public hearing. December 19, 1999 Publication of annexation ordinance In Denton Record-Chronicle. r a January 18, 2000 City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers ! approval of zoning request, • Council action must be more than 30 days after publication of ordinance and less than 90 days after council Institutes annexation proceedings. 7. 1 I ATTACHMENT 6 f ANNEXATION SERVICE PLAN CASE NUMBER: A•96 (Silver Dome at Cooper Creek) AREA: approximately 24 acres LOCATION: Southwest comer of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas. Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days alter the effective date of the annexation using existing personnel and equipment. R. Fire Protection 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. C. Solid Waste Collection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date orthe annexation using existing personnel and equipment. D. Water/Wasttwater Facilities 1. Maintenance or water and wastewater facilities in the area to be annexed inn: are not within the service area of another water or wastewater utility will be begin within sixty (60) days aRer the effective date of the annexation using existing personnel and equipment. F, Roads and Streets 1, Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities 1. Maintenance o" parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days aRer the effective date of the annexation using existing personnel and equipment. However, there are no existing parks, playgrounc's, swimming pools, and other recreational facilities in the area. 8. I f ANNEXATION SERVICE PLAN (A-96) Silver Dome at Cooper Creek G. Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel end equipment. H. Library Services 1, Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. 1. Code Enforcement, Buildlog Inspections and Consumer Healtb Services 1. Code enforcement building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. J. Planning and Developmenl Services 1. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services thi; property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations, K. Capital Improvements Progrom(CIP) The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness u: t oviding a specific facility or improvement. The annexed area will be considered for CIP improvements in the upcoming CIP plan, This properly will be considered according to the established guidelines. R tl ` an i,W, . Irl- Rhv i Pop, d,x 9. 4 . ATTACHMENT 7 SERVICE ANALYSIS fl ENGINEERING AND TRANSPORTATION A•96 I. What existing roads. bridges and other transportation facilities will ba Impacted by this proposed annexation and development in terms of needed n-..)vaments or upgrades? li Type of 1[v roveLli at Approximate Cost 2. Are any of these Improvements presently scheduled to be done at state or federal expense? _i)o 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 improvements can be determined, please make general moments concerning dral age) .1 4. Will additional equlpme t and facilities be needed as a specific result of this annexation and development?_. If yes, what type of equipment or facility? 5. Please comment on the cumulative Impact of annexation and development. At what population level would additional equipment be required? , Is there an accept d equipment to population ratio that can be used for planning purposes? fit?} Is there an acc~epted emP Iloyee to Qopulation ratio~a c n be use for planrIOb purposes? C~,cUVN' t rv-dbY~L ~u 1~ o t..- ¢ Additional Comments: Wil Y-1 ~l!Q~..ZA~. ' ~ -ice Person to contact if there are questions Dato - A•96 Service Analysis 10. 11 G . u ATTACHMENT 8 Service Analyoie A•96 Related to saver Dome and Cooper Creek 24LZCS 1. estimated average response time for this area based On current depertment conditional Priority Non-priority 10.62 minutes Average 19.70 minutes 2. Appropriate average response time in the city based on current department conditions* priority 7.u minutes Non-priority 1-" E minutes Average 12.91 minutes 3. it annexed and developed as proposed, will additional personnel be needed as a specific result of this proposal? lla it yes, how many? what type? e. will additional equipment and funding be needed to serve this area7 on If yes, what type? 5. will a police substation or other facility be needed to serve this area as a result of annexation and developmentt gg if yam, whin should the new facilities be operational? 1. Please cerement on the cumulative impact of annexation and development. At what population would anotber police facility be required? 250.000 or above 1s there an accepted facility/equi nt to population ratio that can be used for planning purposes? Police ■arv c• earmomel curraatly leapw of ne aneee~ facility/semi ea! ►.~onulatlen ratio Aowevar wa bei rb r • r •a management may have umed much a ratio in the meta Is there an accepted officerBa toldpulation ratio that can be used for planning purposes? i001e001 pooperations officers nor 1.000 population Additional Commentsi This service ens2 ■is is based upon asmrrption of even distribution of prof acted acreage/population density, with the persons. ,A Person o contact era ■rs ques pas Date Typical Service info Request.doe lI. r rl E / 1 I i` l M 1 I ATTACHMENT 9 SERVICE ANALYSIS A•96 EIRE 1. Fire an Emergency Medical Services ccj~n be provided to the area from station(s) # located at a I 10 6e, sf 566 ,."d„ 2. Estimated response time. minutes 3. Appropriate response time in the City. S minutes 4. Is a new fire station approved in the CIP that could serve this area? /Uo If yes, what Is the CIP program year? I 5. Will a new fire station be requested In upcoming CIP proposals to serve this area? II -8p . If yes, when should this station be operational? 6. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. o~ 7. Please comment on the cumulative Impact of annexation and development. At what population level would another library facility be required? N1/; _ Is there an accepted circulation to population ratio that can be used for planning purposes? _ NIA i Is there an accepted employee to population ratio that can be used for planning purposes? N14 Additional Comments: I Person to contact if there are questions Date Ir' A•96 Service Analysis 17. ~ E c~ ATTACHMENT 10 SERVICE ANALYSIS A46 t• Whet Is the distance to, location of. and size of the nearest City of Denton electric line? 1414 r^ 4 ~ {~4l r in J l a . ~ i lie. ~d ~ a.l 2 rY~n/e~t type of lines and faa7i es wgr~ye req wed to serve thls area? ri 4~,c ot'e c 3. Are any new lines or facilities proposed for construction to serve this area? 42 if 4• Are there an rr ~i ° " r'Pero~~ Y potential responsib71beS if this aroa Is annexed? J e 5. Please comment on the curnulabve Impact of annexation and develo At what Population level would add ' Dment. h+onal equipment be required? Is there an accepted equipment to Purposes? population ratio that c n be used for planning is there an accepted employee to population purposes? ratio that can be used for planning Additional Comments: -5 ~V ~'~Pi ~ roc L PeP ntact at* questions a ate ' i 1 A-96 Service Analysis 13. 41 I ` I ATTACHMENT 11 ~ PARKS AND RECR AETION A-96 1. What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. The closest park property Is Avondale Park, located on Nottingham at Devonshire streets (approx. 1.5 miles west). Current residents within the proposed annexation will be able to use existing City of Denton parks, facilities and programs. 2. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? An additional neighborhood park will be needed to serve this area, In accordance with service standards below. I Service Standardsl Neighborhood Parks: -2.5 acres per 1,000 population (to be dedicated by developer at time of platting) -5 acres minimum size i 3. How much additional funding will be needed for maintenance If additional park facilities are developed to serve this area? Funding will be required, In accordance with service standards below., Service Standard• Based on $3,454 (developed) cost per developed park acre. 4. How many additional personnel would be needed to properly serve this area if annexed and developed? Requirements dependent cn the following standards Service Standards: 0.5 to 0.7 FTE additional personnel per 1,000 population (depending on type of service) $38,000 per year cost per additional personnel Additional Comments: Stalling andservlce costs are dependent upon the number of residential units to be developed In the service area and the corresponding park dedication requirements. Person to contact if there ere questions Date (t Annex Tract A98.doc 11. I II ATTACHMENT 12 SERVICE ANALYSIS A•96 SOLID WASTE 1. Is resiyiddesntial solid waste service available too the proposed area for annexation? 2. Is commercial solid waste service available to the proposed area for annexation? yes 3. What is the estimated cost to provide this area with solid waste service? Equipment and Maintenance. 9(=1 4-c)w fip-,A K Personnel. ~1 12E( M4cW~~s 4. What Is the typical revenue collected per: Household. --11 rfo°= Peg- YR. Commercial Business eo' p~ foots a v A g%.,r g.ss 5. Will additional equipment be needed to serve this area if annexed or developed? Type ofEquipnent. _ t 4Q Aopifia4s Cost of Equipment. A'0,2 .04en77,rOeVS 6. Wi:i additional employees be needed to serve this area if annexed or developed? Type of Employees. tvTA, ~JPOJ ~~~naw~~ 5 Number of Employees. 7. Please comment on the cumulative Impact of annexation and development. At what population level would additional equipment be required? & ,o Le W 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? I ' Additional Comments: Person to contact if there are questions Date t I I A•96 Service Analysis i 15. I „/l l 4 U ATTACHMENT 13 SERVICE ANALYSIS WDAM A46 e 1. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? _ No 2, If not, how many additional employees and what type of facilities and materials will be needed to provide servloes? 2 full-time professional librarians would be needed. t_ o Provide additional programs and services. 3. Estimated additional funding needed strictly based on proposed annexation and development. _ $80.684 4. Please comment on the cumulative Impact of annexation and development. At what population level would another library facility be required? 50.000 Is there an accepted circulation to population ratio that can be used for planning purposes? 6.4 per capita Is there an accepted employee to population ratio that an be used for planning purposes? Staff: one full-time Aquivalent (FTE) _ per 2000 population, ro ess ona rar a i comprise one- r By FIE . Additional Comments: Eva D. Poole _10-28-99 Person to contact if there are questions bate r r' A-98 Service Analyels 16. I 1 4 ATTACHMENT 14 PITITION A ' 9L FOR C~ ANNtKATION t0 THE PLANNING AND ZONINO COMKISstog ' AND CITY COUNCIL OP Till CITY OF DENTON, TEXAS The undersigned does hereby petition for annexation of 23•886 acres located at CY rnLeacofof UJ er-Dwe l Cooper creek in the axtraterrttortal Jurisdiction of the City Denton, Texas, The property is sore particularly described in the attached survey description and shown on the attached cup, The undersigned also certifies that the [allowing required information concerning the land and its Inhabitants is reasonably accurate and assumes responsibility for completion of said information prior to scheduled action on the request by the City of Denton. I. Is petition being initiated by owner(s) or maJority of registered voters in area of request? Yee XX No It no, what is the status of the applicant? 2. Nov many dwelling unite are located within the area requested for annexation? . 0 3. How many businesses or nonresidential land uses are located within the area of the request? 9 Please provide a general description of these land uses Including the name(s) of businesses, it know 4. Does area of request include any territory within the city limits or extra- territorial Jurisdiction of another city? Yes No _ XX 5. Estimated population of the area of request. _ 6 Adults Children Number of registered voters? S. At the time at this pstitlon, haws any other annexation procedures been Initiated for all or any part of the area requested to this petition? Teo No _ vY It yes, please explain the procedures begun 1 and their status. 7. Does a water supply district lie within the boundaries of the area proposed i for annexation? Yes _ No XX S. What soning, it any, other than agrtcultural (A), is being requested under separate petition? _ 5F-7 Now much of territory proposed for annexation is included to zoning pstitlon? All I 17. C r i Petition for Atypxatlo- Page Tva i 9. d els the purpose of annexation? To incorporate into a proposed sinale fa~ily $ d 0VW lo. Planned land use (it zoning is teing requested). Proposed Uoit Category 6 Total Per Acre And/Or Proposed Acreaxt $auare PootaA4 a. Single family detached All SF-7 Zoning D. Stngle family attached (townhouses, cluster, etc.) c. Attached patio/garden/zero lot line , d. Duplex - e. Multi-family _ C. Office g. Neighborhood service h. General Retatl i. Commercial J. light industrial k. Hesvy Industrial Proposed use(s) it specific use permit or platu.md development (PD) being requested. 11. Have petitioner(s) familiarized, themselves with the otticial aruwaxatton policy, land use policies, and the standard municipal service plan of the City of Denton? Yet XX No Name or owner(s) Edward i Telephone Signature(s) -NI-7' Date Address(es) 36 I-35E. South. Ste f200 Denton Texas 75205 i 1 It petitioner is not the owner of the propertyi Status Homer feoc* Petitioner Virnv.I Name(s) Wynne/Jackson Inc. -MV Telephone ~ 214 1 AA0-9600 Signature(s) QuK Date Address(es) to UULB 149 ---0)" A s Field Notes and Location Map for area proposed for annexation wet to ( t,,-N submitted along with completed petition before process begins. osazy 18. 1 h AGENDA INFOR,MATIONSHEET ApeadatfY0.~7_~UY~„ AQOI& No AGENDA DATE: November 2,1999 Dais DEPARTMENT: Fiscal Operations AC11f: Kathy Du Bose Fiscal and Municipal Se» lees SUBJES~T Consider approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. BACKGROUND On October 5, 1999, City Council nominated Dr. Bill Giese, Ernest McNeil, and Rick Woolfolk to serve on the Denton Central Appraisal District (DCAD) Board of Directors, as the term for all members on the current DCAD Board of Directors expires December 31, 1999. The current DCAD Board Members include Richard Smith (Lewisville), Mary Horn (Denton), Bill Giese (Denton), Lee Baker (Lewisville), and Ben Hannon (Lewisville). The number of votes a taxing unit has is determined by their proportional share of the total levy in the district from the prior tax year. There are a total of 5,000 votes throughout the district. One thousand votes are the maximum number needed to elect it local representative'nominee to the Board of Directors. In September 1997, the City had 218 votes and the Denton Independent School District (DISD) had 824 votes to cast. Therefore, the City and DISD collectively voted and elected Bill Giese. This year, the City has 173 votes and DISD 758 votes. Votes r st be reported to DCAD by November 15, 1999. The attached resolution allows the council to cast their votes for a candidate(s). The candidates nominated by the taxingjurisdictions are, i. Lee A. Baker 6. Ernest R. McNeill 2. Dr. Bill Giese 7. Richard Smith 1 3. Ben Ilarmon 8. Roger Thompson 4. 1, Z. Harmon, Sr, 9. Garland Thornton 5. Mary Ilom 10. Rick Woolfolk SCII_ FD 1.F Applies only to cacry other year Prior to Oct. ( • DCAD nouGes taxing entities of the number of votes they are entitled A$ to cast for appropriating board members. (jr Prior to Oct. 13 • Nominations for DCAD Board of Directors are submitted to DCAD by each jurisdiction (via resolution). 1 t c. 1 Prior to Oct. 30 - DCAD compiles comprehensive list of nominees end forwards list to each taxing unit in ballot forms. I Prior to Nov. 15 - Taxing units choose by written resolution a candidate(s). Name(s) of candidate(s) are submitted to DCAD along with the number of votes l for each candidate. Prior to Dce. I - DCAD tabulates votes and forwards results to taxing units. The five (5) candidates with the most votes become the Board of Directors as of January 1. Eligibility Guidelines: • The selection process is set forth in Section 6.03 of the Property Tax Code. • An appraisal district director must reside In the appraisal district for At least two (2) years immediately preceding the date he or she takes office. Most residents are eligible to serve as a director, a An employee of a taxing unit served by the appraisal district is not eligible to serve as a director. However, ifthe employee is an elected official, he or she is eligible to serve. • A statute relevant to the Board selection process prohibits nepotism and conflict of interest for appraisal district directors and chief appraisers. In summary, the law states J that: ..'a person may not serve as director of closely related to anyone in the appraisal district or if related to anyone who represents owners in the district, or if the person has an interest in a business that contracts with the district or a taxing unit. A chief appraiser may not employ someone closely related to a member of the board of directors'. e EXPERIENCE - In considering individuals to serve as directors, taxing units should took for expertise in such areas as accounting, finance, management, personnel administration, contracts, computers, real estate or taxation. Historical Involvement In local government activities also indicates that someone should make an excellent Board member. • FREQUENCY OF MEETINGS -'rhe applicable statutes require the board of directors to meet not less oncn than once each calendar quarter. The DCAD Board meets more often than is required by law. FISCAL 1NPO MAUGIN There is no fiscal impact to the City of Denton. Wiana lfully sumitted: A, O, Ortiz Director of Fiscal Operations 2 I 4 V 1 RESOLUTION NO. A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas, hereby casts votes for for membership to the Board of Directors of the Demon Central Appraisal District for the County of Denton, Texas. SECTION 2. That this resolution shall become effective immediately upon its passage and approval. 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.. , 1 Mnf6p3.eLbw Cannred/alutlaMMV0T1 [LNTIW MIIUIIAL EtlT d t 1 I I I I I ipanUN AW4 horn We_.,_!1 AGENDA INFORMATION SHEET AGENDA DATE: November 2,1999 DEPARTMENT: Fiscal Operations ACM: Katby Duflose Fiscal and Municipal Services SUBJE A RESOLUTION NOMINATiNO MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENPON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE, BACKGROUND As you are aware, the Appraisal Review Board hears all appeals that are presented to the Denton Central Appraisal District (DCAD) during the months of may through July and throughout the rest of the year as appeals are requested. Since this is a very time consuming process during May through July, the individual who serves on the board should be available full-time during these months. Members of the Appraisal Review Board serve two-year terms. Though the Appraisal Review Bond members are nominated by taxing jurisdictions they are appointed by the DCAD Board of Directors. Nominations are due to the Appraisal District by November 3, 1999. The Board of Directors is scheduled to make their selection during their November meeting, I have also attached information from the Appraisal District concerning the qualifications, appointment, and compensation of members of the Appraisal Review Board. Attached is a list of current Appraisal Review Board members, and their terms. PRIOR ACTIONIRLYIEW None. I FISCAL INFORMATION None. Res (fully sub fitted- A+ r, 7, aT~ Tana 0. Ortiz Director of Fiscal Operations f c, n ' 1K'N-t.CL1VOLiWartdWepfl[ALV0w DucwcnuVlewlutim~l991AppraiW ReNew aani&c RESOLUTION NO. j A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE, WHEREAS, the term of office for various Appraisal Review Board members of the Denton Central Appraisal District will expire on December 31,1999; and WHERE/ S, the City of Denton, Texas wishes to nominate members to said Board; NOW, THEREF+)RE THE COLPiCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES; SECTION I . That the City of Denton, Texas hereby nominates and as members to the Appraisal Review Board of the Denton Central Appraisal District, SECTION 1. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 11999. I JACK MILLER, MAYOR ATTEST; , JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. A, ~ r 1 r 1 r 1999 APPRAISAL REVIEW BOAR E Original Term - Jan. 1996 Terre Expires 12/31/99 H.W. SPROWLS 617 Pine Bluff Lewisville, Texas 75067 972.221-2240 Original Term-Jan. 1997 Term Expires 12131/2000 TONI BARKER 626 Reno Lewisville, Texas 75067 972-4351-0270 Original Term -Jan. 1995 Term Expires 12131/2000 ROLAND LANEY 2508 Robinwood Lane Denton, Texas 76202 940.382.8035 Original Term -Jan. 1998 Term Expires 12131/99 BARRY O. KING 1908 Weslridge Denton, Texas 76205 Original Term - Jan. 1998 Term Expires 12/31/99 LARRY T. WILSON 205 Old Alton Dr, Denton, Texas 76205 940-484-3235 , Original Term - Jan. 1996 Tenn Expires 12131/99 J.A. HINSELY 512 W, Hickory, Sic. 211 Denton, Texas 76201 940.383.3009.Office Original Term - Jan. 1998 Term Expires 12/31/99 PATSY L. MONC'RIEF 1022 W. Stroder Road Justin, Texas 76247 940-648.3252 i Original Tcmt - Jan. 1999 Term Expires 12/31!200!1 1 Al r, CHARLES F. GOODIIUE 17081 imber Ridge Circle Corinth, Texas 76205 940.497.3646 3 a . i Original Term - Jan. 1999 Term Expires 12/31/2000 W. GARLAND THORNTON, JR. 4 625 Mimosa Drive Denton, Texas 76201 940-381.7804 940-458.7404 Original Term - Jan. 1999 Term Expires 1213112000 RAYMOND REDMON 1125 Morse Denton, Texas 76205 940-387.4247 Original Term -Jan. 1999 Term Expires 12/31/2000 MARGARET Z.BRENNAN 1308 Woodlake Ct. Corinth, Texas 76205 940.484.7166 Original Term - Jun. 1999 Term Expires 12/31/2000 JOHN HAY 15193AA Bumgamcr Rd. Justin, Texas 76247 940.648.3427 i I 4 tI 4 APPRAISAL REVIEW BOARD Qualification Appointrnent and Comptnsation Who Can Serve? To serve on the ARB, you must have lived in the appraisal district for at least two yea" before taking office. You don't need any special qualifications, but you may not serve on the board if you are: In county of more than 190,000, a person Is ineligible if the person (1) bas served 0 or part of throe previous terms, (7) Is a former member of the board or directors, oiricer, or employee of the apprdsal district, (3) if the person served u a member of the governing body or officer of a tWng unit for which the sppraial district appraises property, until the 0 anniversary of the date the person ceased to be a member or officer or has ever appeared before the ARB for compensation, You also may not serve as an ARB member if you are closely related to a person who operates for compensation as a tax agent or is in the business of appraising property for property tax purposes in the appraisal district. Relatives barred are those within the second degree of consanguinity or affinity. If you knowingly violate this provision, you commit a class B misdemeanor. This provision took effect September 1, 1999, and applies only to ARB members serving terms that began after that date. The law also bars from ARB service members who contract with the appraisal district or with a taxing unit in the appraisal district. The bar applies if the member or a business entity in which the member has a substantial interest contracts with the appraisal district or a taxing unit that participates in the appraisal district. Likewise, the same taxing touts and the appraisal district are each prohibited from contracting with an ARB member or a business entity in which an ARB member has a substantial interest. Substantial interest Is defined as either: 1. Combined ownership by the member or the member's spouse of at least 10 percent of the voting stock or shares of the business. 2. Service by the member or the member's spouse as a partner, limited partner or officer in the business entity. You may also not serve if you hold some other paid public office. The Texas Constitution does not allow a person to hold more than one paid public office, At' l • ~ 5 G u S. B. 1017 requires the Comptroller to approve curricula, provide materials and supervise a course for trainirrg ARB members, The Comptroller shall issue certificates indicating course completion. All ARB members must complete the course or may not participate in ARB hearings. ARB Terms and Size Members serve two-year staggered terms; approximately half the member's terms expire each year. Tema begin January I. The appraisal district directors appoint ARB members by a majority vote and record their decision In a resolution. AU Corn asation The ARB receives a $30.00 minimum for a half day and $12.30 an hour for any hours worked after the $30.00 minimum, The maximum pay is capped at S 100.00 per day, AN Meetings ARB regular meetings are the third Wednesday of each month at 9:00 A.M. ARB reappraisal hearings will start on a daily basis, as neeied, from late May until the appraisal roll is approved usually in late July. Meetings wi'l normally be from 9;00 AN. to 3:00 P.M. Effiective January I, 1998, ARB's must providz hearing times in the evening and on a Saturday or Sunday, r r ~ ~ III' h i i The Board of Directors of the Denton Central Appraisal District is considering you as a possible member of the Appraisal Review Board. The Board of Directors will choose five members for a two year term. The selection will be made at the next Board meeting. Would you please answer the following questions and return to the District as soon as possible. Name Address Address Phone Jurisdiction 1. Would you be willing to serve? If so you would need to be available from m ay un the end of July. The Board meets from 9100 a.m. to 5:00 p.m. until the roll is certified. There will also be meetings periodically throughout the year. 2. Have you ever been an officer or employee of the appraisal district. 3. Have you ever served on the appraisal districts board of directors?_ 4. Have you ever been a member of the governing body or an officer of a taxing unit for which the appraisal district appraises property? If so, has it been the 40 anniversary of the safe you ceased to be a member or officer? 5. Have you ever appeared before the ARB for compensation? 6. How long have you resided in Denton County? 7. Occupation A. Do you have any prior experiences serving on an appraisal review board or any board that has to do with property value? 9. could you make a decision based on evidence rather than feelings for the taxpayer? 10. Thi3 property tax code requires that all property be valued at 1001 of market value. Could you keep this in mind throughout the proceedings? 11. would you be willing to work nights and weekends if necessary? _ ( j'-% The Board of Directors will notify you of their decision. Board of Directors Denton Central Appraisal District 7 i. c~ Age ~o_ ~ ApM& Item AGENDA INFORMATION SHEET Oate~.1l?~ AGENDA DATE: November 1,1999 DEPARTMENT: Engineering do Transportation CM/KM/ACM: Rick Svebha Deputy City Manager SUBJECT: An Ordinance accepting two tracts of land in the M. E. P. do P. R. R Co. Survey, as shown in the dedication instrument exw.-ted by Ron Alsup, DBA Ron A1sup Construction attached hereto, for street and utility pusses; and providing For an Effective Date. IAgGROUND: Ron Alsup, dWa Ron Alsup Construction, owrs a tract of land in which a portion of the proposed Audra • Nottingham route traverses. He has agreed to dedicate the necessary right-of- way of the improvements. OPTIONS: None RECOMMENDATION: Approval recommended for acceptance. ESTIMATED SCHEDULE OF PROJECT: None EFIOR ACTIONUYIEW tCouncL Boards omm ail; None FISCAL INFORMATION None DID INFORMATION None MAPS A. Attached 1 1 c~ u ' Respectfully submitted: Prepared by: jerWia'k, imdor Engineering Transportation Ahryal pher Owens, ' TcchnIce] Am Islant I r r a r' i Pop a ~P9 r BRANDYVINEW a fY y S OAKSHIRE AUDRA SITE TERRY CT r BEVERLY DRIVE ANYSA LN LATTIMORE u HOVARD CT yy WW OC r ~ y A _ ]AK PARK DRIVE J J TIMBER TRAIL > MACK PLACE r CHRI TOPHE a !l- BARNES DRIVE j JJ Y a 7 LEF DRIVE PA! 4.EY PAISLEY STREET At W H i G1 1 ` City Q1 Denton , Engineering & Trarsportation Department Right-of-A'ay Division Apes! so 1999 3 a, I ORDINANCE NO. AN ORDINANCE ACCEPTING TWO TRACTS OF LAND IN THE M.E.P. & P.R.R CO. SURVEY, AS SHOWN IN THE DEDICATION INSTRUMtNT EXECUTED BY RON ALSUP, DBA RON ALSUP CONSTRUCTION ATTACHED HERETO, FOR STREET AND UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City of Denton, Texas, accepts the dedication of Tract I and Tract 2 o: land in the M.E.P. & P.R.R. Survey for street and utility purposes, as offered by dedication deed executed by Ron Alsup, dba Ron A1sup Construction, dated October 12, 1949, a copy of which is attached. SECTION 2. That the Department of Planning is direNud to show the properly dedicated as public streets and for public utility purposes on the official map of the City of Denton, Texas. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1494, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: / :r~/7.cN A s rti r• DEDICATION OF PROPERTY FOR PUBLIC USE That Ron Alsup dedicates w the public forever for the use of t streets and utilities the property described !a Exhibit W, attached to and incorporated herein by reference containing a total of .160 acres of land. axecuted this the -QA day of 1999. By: - Ron Alsup D/s/A Ron Alsup Construction W sTATe OF TSXA8,1 COUNTY OF DRNTON, I This.4nstrument was acknowledged before " on this the day of !/CTo9 x 01999 by Ron Alsup. 1 CHRYSMMea C owes 1 L~ x ursa~ a u. sow of Tom nwsME%P.01211WN Notary Public, AzKand for the State of Texas 14~ ►gwCommr executed this the day of 1999. CITY OF DVWM Bye Jack D. Miller, Mayor ATTRSTt Rye Jennifer Walters, City secretary i i c ~ i tl "NUUIT A• Tact I All that certain lot, tract or peral of land lying and being situated in the M E. P. & P. X A Co. Survey, Abstract No. 1479, and the M. E. P. & P. R R. Co. Survey, Abstract No. 1473, Denton County, Texas, being part of Tracts L IL III sad IV, described is a dad 13rom Charlene Row Thomas Harris and Husband, Billy toe Harris, to Rm Ahtup, D/B/A Ron Alsup Construction, dated October 4,19%, as recorded under County Clerks File No. WR0071284 of the Real Property Records of Denton County, I Texas, and being more particularly described as f011ows: BEGNMO at the northeast corner of said Tract III, same being the northwest comer of a tract of land described in a deed to Mickey Via as rxorded in Volume 1620, Page 94 of the Rd Property Records of Denton County, Texas, and the south line of a tract of land doonbed is a deed to D. L. Porterfield, recorded in Audra Lane, said point being on the south line of the W. Lloyd Survey, Abstract No. 773, Denton County, Texas and the north line of said M. E. P. & P. R. P. Co. Survey, Abstract No. 1473; THENCE South 000 41' 59" Weal with the east Soe of said Tract III and the wrest lime of said Via Tract, a distance of 29.80 fat to a point for corner, 7HENCE North 88° 18' 11 " West, 30 feet south of sad parallel with the south line of said Porterfield tract and the south line of said W. Lloyd Survey, same being the north line of said M. E. P. & P. R. R. Co. Survey Abstract No. 1473 and 1479, a distance of 495.92 feet to a point for comer at the beginning of a curve to the right; THENCE with said curve to the right with a central angle of 09° 39'56'. a radius of 785.64 feet, an arc length of 132.53 feet, and chord which bean North 839 28' 13" West a distance of 13238 feet to a point for comer; THENCE North 78° 38' IS" West, a distance of 103.14 feet to a point for coma on the south line of said Porterfield tract and the south line of said W. Lloyd Survey, same being the north line of said M E. P. & P. R. R. Co. Survey Abstract No. 1473 and 1479, in Audra Lane; THENCE South 880 24'25 * East with the south line of said Porterfield tract and the south lino of said W. Lloyd Survey, same being the north line of said M, E. P. & P. R. R. Co. Survey Abstract No. 1473 and 1479, in Audra Lane, a distance of 729.03 feet to the POINT OF BEGINNING and containing in all 0.43 acres or 18,740.86 square fat of land. rr+ - A, r , t i c. ' I I Tract 2 All that certain lot, tract or Parse[ of land lying and being situated [m the M E. P. & P. R. R. Co. a Survey, Abstract No. 1479, and the M E. P. do P. R R. Co. Survey, Abstract No. 1473, Denton County, Texas, being "of Tracts t, q M and N, described in a deed horn Chart-3e Row Thomas Harris and Husband, B illy Joe Ilarrist to Ron Alsup. D IWA Ron Alsup Constmiction, dated October 4, 1996, as recorded under County Claws File No. 9680071284 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the northwest comer of said Tod 4 at the northeast comer of & tract of land described in a deed to Thomas Jsmes Richards, recorded in Volume 1936, Page 57 of the Real Property Records of Denton County, Texas, and being on the south line of a tract of land described in a deed to SAS dt Associates. Inc., recorded in Volume 3279, Page 544 of the Real Property Records of Denton County, Texas, and being on the north line of said M E. P. A P. R. R. Co. Survey, Abstract No. 1479, and the south line of the W. Lloyd Survey, Abstract No. 773, Denton Canty, Texas; Thence South 880 24'45N East with the sash line of said SAS & Associates, Inc., tract Passing at 92.48 feet t`.e southeast comer of said SAS do Associates, Inc., tract, sane being the southwest comer of a tract of land described in a deed to D. L. Pmtm eld, recorded in Volume 677, Page 85 of the Deed Reco'.3s of Denton County, Texas, continuing a total duce of 107.68 feet to a point for rnmer, THENCE South 600 23'59" West a distance of 41.74 feet to a point for comer at the beginning of a curve to the right; THENCE with said curve !o the right with a central angle of or 49'40", a radius of SMOD feet, an arc length of 73.78 feet, a chord which bears Sarah 210 31153" West a distance of 73,72 feet to a point for comer; THENCE South 250 26' 44" West, a distance of 131.03 feat to a point for comer at the beginning of a curve to the left; THENCE with said curve to the left with a central angle of Or 46' 15"t a radius of 733.95 feet, an arc length of 99.54 feet, a chord which bears Sash 210 33'36" West a distance of 99.47 feet to a point for comer on the north line of a but of land described in a deed to George Bryant and space, Carol Bryant, as recorded under County Cleric's File No. 97•R0075994 of the Real Property Records of Denton County, Texas; THENCE North 860 3 P 16" West with the north line of said Bryant tract, a distance of 40.74 feet to a point for coma on the west line of said Tract I in Audm Lane; THENCE North 160 32'04 * East with the west line of said Tract It in Audm Lace, a distance of 313.50 feet to the POINT OF BEGINNING and containing in all 0.43 aaea or 18,608.83 square fat of Iand. i r' 7 J 1 G c~ k. EXHIBIT FOR TRACT 1 JL 4 W. LLOYD SURVEY ABSTRACT Na 773 U L P M ioana va~nhru. Pau s S lQi~:y rJ b Nf j C` {py~' MAC? ! Q ~ A.01b9~• N vYi * ` dh No to 032.53 N „,~0 A♦ K~uP ,AiA q co Y. E. P. &P. a it Ca SURVEY M. t P. • P• it a Ca SURVEY 01 ABSTRACT Nw 1479 A9STRA0T Na 1473 s~~+ w n t 1 G U EXHIBIT FOR TRACT 2 , k W, LLOYD SURVEY ABSTRACT No. 773 !A1 Sr ASSMATO W. MaL 3171 P¢ 5" "A ~ Q L pp VAL 67343", ok POINT OF BEGINNING 3 88'24'43' E _ _ 107.88 / ~lf0'23'59' w 4r.74 W. TOM O4. 57 ".R. A,~,A. Cr49'40' R. 540.00 Lo 38,93 v CH- S 71'31'53' w 73.72 / ham. "f N ~ Abll AISUP D/b/A 3 RON ALSUP OdKIRUCDON W p~ AtM E. P. & P. R. R. Co. SURVEY ABSTRACT Na 1479 A. A. 07'48'15• . R■ 73195 f~ Ln 99.54 CH• S 71433'38' W 99.47 i N 86'31'18' W 40.74 qr O[CROE WANT of w aI 47-11Wom RlJL d J City of Denton En9dneering & Transportation Dopartment Right-o~-1la~ L'dviston AU RA-AL SUP 9 ~I r I i ~M Amu NoJLafl- c... Agenda Item . AGENDA INFORMATION SHEET 49). AGENDA DATE: November 2,1999 DEPARTMENT: Engineering & Transportation CMIDCMlACM: Rick Svehla, Deputy City Manager SUBJECT, An Ordinance vacating a utility easement recorded in Cabinet H, Page 196 of the Plat Records of Denton County, Texas, as it pertains to Lot 1, Block A of the Lissberger Addition; and Providing For an Effective Date. BACKGROUND: Al Lissberger, representing A & L Construction and Sales is requesting that the City abandon an existing 8-foot utility easement in Lot 1, of Block A, of the Lissberger Addition. The easement, which runs along the northeast property line, was dedicated by plat document in 1990 for the purpose of constructing utility lines. This easement was requested when this property was fast brought to DRC. However, since the elapsed time, I& Lissberger has dedicated other easements to facilitate the installation of utilities on his property. Thus, there are no utility lines within the easement; therefore, negating the need of this easement. OPTIONS: None RECOMMENDATION: Approval recommended for abandonment. ESTIMATED SCHEDULE OF PROJECT: None PRIOR AMONIREVIEW !Council. Boards. Commissions14 The Development Review Committer recommends approval FISCAL INFORMATION: None BID INFORMATION: None C t ,1 I I MAP: Attached Respectfully submitted: Prepared by: 1 lark, irector Engineering do Transportation 1 Owens Cl"Oher Tahnical Assistant ~~II i I I 2 c- i 1 ((E ~ .axRUt w,o c APPROXIMATE SITE LOCATION y+. +r VMcL c A City Q; Denton Engineering & nansportation Department i Right-of-IY4y uivision A9rU 20 1009 A r li Ia"'~~~~~MrR~rM I V, ORDINANCE NO. AN ORDINANCE VACATING A UTILITY EASEMENT RECORDED IN CABINET H, PAGE 196 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AS IT PERTAINS TO LOT 1, BLOCK A OF THE LiSSBERGER ADDITION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for the abandonment of a certain utility easement; and WHEREAS, the Development Review Committee of the City of Denton, Texas reviewed the requested abandonment and recommended approval; and WHEREAS, the Council of the City of Denton, Texas has determined that the utility casement being vacated is no longer needed for public use since the applicant has dedicated other easements to facilitate the installation of ,itilities in the Lissberger Addition; and WHEREAS, the fair market value of the utility easement has been determined and received, as required by section 272.001 of the Texas Local Government Code; NOW THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION t. That the 8-foot utility easement illustrated in Exhibit A, attached hereto and incorporated herein by reference, and recorded in Cabinet H, Page 196 of the Plat Records of Denton County, Texas, as it pertains to Lot 1, Block A of the Lissberger Addition, an addition to the City of Denton, is permanently vacated and extinguished as a public easement, to the extent described in said exhibit. SECTION 2. That by reason of such vacation the City of Denton's property interest in the easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases my and all claims to the use of the vacated property as a public easement. SECTION 3. That this ordinance shall become efrecdve immediately upon its passage and approval. PASSED AND APPROVED this the ` day of 11999. C !t' \ JACK MILLER, MAYOR i i 4 1 C( r F i ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: k x ceX it I i r ri le i . C Page 2 'r o F aap. s Al EASEMwf 7o a~ AgAtvDON>:~ M.K. a T, RAILROAD (100 ROW) d~ i . ♦ ~/A06 20 'UM EMI SdMA EM +er rd N49•aT00'w 416.70' c~ INTFRRTATF Hinmw4Y MSF (300'RAW ) /"1 t Apxttda No VL-& Agenda 11881 3 a Dated AGENDA INFORMATION SHEET I I AGENDA DATE; November 2, 1999 Questions concerning this franchise may be directed to Mike Bucek, DEPARTMENT: City Manager City Attorney's Office at 349-8333 CM: Michael W. J SUBJECT Consider adoption of an Ordinance on First Reading whereby the City of Denton, Texas, grants to Metricom, Inc. a non-exclusive franchise for the use and occupancy of the public rights-of- way for a MicroCeilular wireless digital data communications radio network known as RicochetS), for a period of eight (8) years for a franchise fee in the amount of 5% of Metdcom's Gross Revenues; providing for conditions of such use (e.g., providing for hold harmless and indemnification clause and insurance and bonds by Metricom), providing payment of expenses incurred by City in relation to ordinance; and providing other provisions related to the subject matter hereof, and providing an effective date. BACKGROUND Metricom desires to deploy its patented MicroCellular Data Network (MCDN) in the Denton and DFW area. MCDN consists of the following technology elements: (a) wireless, packet-switched, networking; (b) geographic deployment (or "mesh" architecture); (c) spread-spectrum, frequency hopping for data integrity and security; (c) the 902-928 MHz and 2.4GHz license-free frequency bands; (d) licensed frequencies utilizing private telecommunication facilities, and (e) sophisticated network authorization to insure privacy. The "mesh" architecture relics on Microcell radios strategically placed every quarter-half-mile in a checkerboard pattern. ach microcclt radio employs 162 frequency-hopping channels at the 900MHz band (or 260 at the 2AGIlz band), and uses randomly selected hopping sequence, enabling multiple subscribers to the use the network simultancousty. The nctwork breaks up information and spreads data acro. s the license-free radio spectrum in small, optimized packets. The Ricochet Device must comply with Federal Communication Commission Part IS regulations and is expected to allow high speed, low cost, wide area access to the Internet, on-line services, LAN applications and peer devices. (Ricochet is not required to have an FCC license to transmit and receive radio signals.) The Network utilizes shoebox-sized poletop radios attached to existing infrastructure, such as street light, utility poles and roof tops. The franchise provides that Metricom shall have the right to draw electricity for the operation of its radios from the power source associated with each such attachment to the applicable municipal facility. However, the franchise requires Metricom to i pay for the cost of such electricity and enter into a pole attachment agreement with the City for r the attachment of Radios, Transmitters and Receivers to Municipal Facilities. ! / t By the letter from Jason Bcmanke with Metricom, Inc., to Michael Bucek dated October 4, 1999, Metricom accepts the franchise in its present form. This includes the provision of the franchise !ri i.r♦nl i ipi 11 irI:il..r, Ol (1„IMnimu Cmre7Nme Mr~t W Arm Wn =Fw rMM1w.M 1 . D ` I ~ I ~ I I i Agenda Information Sheet Agenda Date, November 2, 1999 Page 2 that requires Metricom to pay the City's costs for publishing the ordinance in the Denton Record-Chronicle. .U.;IMATED SCHEDULE OF PROJECT Metricom will not be able to provide its services to prospective customers until after the franchise is effective and a pole attachment agreement is approved by the City Council if City owned facilities are to be used by Metricom. 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 take effect until twenty-one (2l) days after its final passage. The second reading is scheduled for November 16, 1999. FISCAL INFORMATION The definition of "Gross Revenue' in the Metricom franchise is quite similar to the definition of "gross receipts" in the City's cable, gas and electric franchises. If existing customers of General Telephone are using separate access lines to obtain data and switch to Metricom, the change in 1 franchisee should result in a slight financial increase in revenues to the City since our existing access line franchise with GTE was negotiated on the basis of a 4% gross receipts franchise. If the purchase of Aietricom's services do not result in it reduction of access lines by GTE or any local exchange telecommunications provider in competition with GTE then compensation from Metricom should be in addition to the compensation the City is presently receiving from its local exchange telecommunications providers. RECOMMENDATION Staff recommends adoption ofthe ordinance, Respectfully submitted, r is ael W. ez, Ci y anager Attachment No. 1: Proposed Franchise Ordinance Attachment No, 2: Metricom's Letter of October 4, 1999 Attachment No, 3: RicochetP Network Description 4 l 11,,; o i it I r,i. I'I,1 $11 nrtb Orlr lOl M 14wrtirlunwMnr Mww w I,wV I+Me~w 14n 1MAwb r F d~Sd,pl.fiLW Dae Wnmu Udnrro YY M,ukun is . ~t ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO METRICOM, INC., FOR THE USE AND OCCUPANCY OF THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF DENTON FOR TELECOMMUNICATIONS PURPOSES; PROVIDING FOR CONDITIONS OF SUCH USE; PROVIDING FOR COMPENSATION FOR SUCH USE AND OCCUPANCY; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF, f WHEREAS, Metricom, Inc., a Delaware Corporation, has requested permission to use and occupy the Public Rights-of-Way of the City of DENTON for the purposes of installing radio receivers and transmitters on aerial facilities in the Rights-of-Way; and WHEREAS, the City of DENTON has The authority under its Charter and state law to grant franchises to persons using and occupying the Public Rights-of-Way for the conduct of private businesses; and WHEREAS, Metricom is in the business of constructing, maintaining, and operating a wireless digital data communications radio network known as Ricochett, a network operated in accordance with regulations promulgated by the Federal Communications Commission, utilizing + Radios (as defined in Section 2 below) and related equipment certified by the Federal Communications Commission; and WHEREAS, Metricom wishes to locate, place, attach, install, operate, and maintain Radios on facilities owned by The City, as well as facilities owned by third parties, located in the Municipal Right-of-Way for purposes of operating Ricochet' NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF DENTON, TEXAS: SECTIONt, GRANT OF AUTHORITY. (a) Subject to Metricom entering into a pole attachment agreement with the City for ~t\ the attachment of Radio, Receivers and Transmitters (Radios) to Municipal Facilities, the City r ~ i a r, 4 d 01000. paumw, aJnww wMttnun i hereby grants to Metricom a franchise and authorizes and permits Metricom to enter upon the Municipal Right-of-Way and to locate, place, attach, install, operate, maintain, remove, reattach, i reinstall, relocate, and replace Radios in or on Municipal Facilities for the purposes ofoperating Ricochets and providing Services to Persons located within or without the limits of the City. (b) Subject to Metricom obtaining the permission of the owner(s) of the affected non- Municipal Facilities property, the City hereby authorizes and permits Metricom to enter upon the Municipal Right-of-Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace such number of Radios in or on poles or other structures owned by public utility companies or other property owners located within the Municipal Right-of-Way as ma) oe permitted by the public utility company or property owner, as the case may be. Upon request, Metricom shall furnish to the City documentation of such permission from the individual utility or property owner responsible. (c) In the performance and exercise of its rights and obligations under this franchise Metricom shall not interfere in any manner with the existence and operation of any and all public and private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, cable television, and other telecommunications, service provider, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this franchise. SECTION 2, DEFINITIONS. For the purpose of this Ordinance, the following terns, phrases, word-, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, i~ A ~f'\ 0 words used in the present tense include the future tense, words in the plural number include the E M.,ex,,nm+n. ;,w Page 2 of 22 J\{ t f c I I 7,A.Td r LOL'Qr N..a GdlMnca' M M,akvn 1k' singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words not defined shall be given their common and ordinary meaning. (i) Agency - any governmental or quasi-governmental agency other than the City, including the Federal Communications Commission and the PUC (as such term is defined in Section 2(xiv) below). (ii) City - the City of DENTON, Texas. i (iii) Effective Date - the date, after adoption hereof by the City, that Metricom files its acceptance with the City, in accordance with the Provisions hereof. (iv) Pee - any assessment, license, charge, fee, imposition, tax, or levy of general application to Persons doing bisincss in the City lawfully imposed by any governmental body (but excluding any utility users' tax, franchise fees, telecommunications tax, or similar tax or fee). (v) Gross Revenues - the gross dollar amount accrued on Metricom's books for Services provided to its customeis with billing addresses in the City, excluding revenue uncollectible from subscribers (te„ bad debts) with billing addresses in the City that was previously included in Gross Revenues, Gross Revenues shall include franchise fees paid hereunder. I (vi) Installation Date - the date that the first Radio is installed by Metricom pursuant to this Ordinance. (vii) Laws - any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other governmental agency having joint or several jurisdiction Poge3of23 1 f ,A-N Jep, LGL Ow Crw-nu'Wd,art~':N M,ukum 0~ over the parties to this Ordinance, in effect either as of the Effective Date or at any time during the presence of Radios in the Municipal Right-of-Way. (viii) Metricom - Metricom, Inc., a corporation duly organized and existing under the laws ofthe state of Delaware, and its lawful successors, assigns, and transferees. (ix) Municipal Access Program - the discount program described in Section 9 below. (x) Municipal Facilities - City-owned street light poles and lighting fixtures located within the Municipal Right-of-Way. Municipal Facilities may refi,r to such facilities in the singular or individually, as appropriate to the context in which use, (xi) Municipal Right-of-Way - the space in, upon, above (to the height of any Municipal Facilities), along, across, and over the public streets, roads, lanes, courts, ways, alleys, boulevards, and public thoroughfires of the City, as the came now or may herealler exist, that are under the jurisdiction of the City. This term shall not include county, state, or federal rights-of--way or any property owned by any Person or Agency other than the City, except as provided by applicable Laws or pursuant to an agreement bctwren the City and any such Person or Agency, (xii) Person - an individual, a corporation, t limited liability company, a general or I limited partnership, a sole proprietorship, a joi it venture, a business trust, or any other 1 form of business entity or association, (xiii) Pro:dsion - any agreement, clause, cond lion, covenant, qualification, restriction, reservation, term, or other stipulation in this Ordinance that defines or otherwise controls, establishes, or limits the performance requited or permitted by any party to this Ordinance, All Provisions, whether covenants or,:onditions, shall be deemed to be both ~A~,; C covenants and conditions. Pape / of 23 t I (xiv) PUC -the Public Utility Commission of Texas, or its successor agency. (xv) Radio - the radio equipment, whether referred to singly or collectively, to be installed and operated by Metricom hereunder. (xvi) Ricochett or Ricochet& b1CDN - the Ricochett MicroCellular Digital Network, a wireless, microceIlular digital radio communications network owned and operated by Mctricom. (xvii) Services - the wireless digital communications services provided through Ricochett by Metricont and the installation and maintenance of same by Metricom. (xviii) Ordinance - this Ordinance granting a franchise to Metricom. SECTION3. TERM. The franchise granted by this Ordinance shall be effective as of the Effective Date and shall extend for a term of eight (8) years commencing on the Installation Date, unless it is earlier & temiinatcd by either party in accordance with the provisions herein. The term of this franchise may be renewed by agreement of the parties. Negotiations for renewal should commence no later than six (6) months prior to the expiration date. Either the City or Metricom may choose to not renew the franchise if terms satisfactory to either the City orMetricom are not negotiated. SECTION 4. SCOPE OF USE AGREEMENT. An} and all rights expressly granted to Metricom under this Ordinance, which shall be exercised at Metricom's sole cost and expense, shall be subject to the prior and continuing r'ght of the City under applicable Laws to use any and all parts of the Municipal Right-of-Way exclusively or concuncntly with any other Person or Persons and shall be further subject io all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of fA,; . r: title of record which may affect the Municipal Right-of-Way, Nothing in this Ordinance shall be ; Page S of 23 1 t' .nw.,r&P VII, Arurn,r~ amn,nw ovwl.,com m. deemed to grant, convey, create, or vest in Metricom a real property interest in land, including any fee, leasehold interest, or easement. Any work performed pursuant to the rights granted under this Ordinance may, at the City's option, be subject to the reasonable prior review and approval of the City. SECTIONS. CONDITIONS OF USE. (a) Metricom shall comply with all applicable Laws in the exercise and performance of its rights and obligations under this Ordinance. (b) If the attachment, installation, operation, maintenance, or location of the Radios in the Municipal Right-of-Way shall require any permits, Metricom shall, if required under applicable City ordinances, apply for the appropriate permits and pay any standard and customary permit fees. City shall promptly respond to Metricom's requests for permits and shall otherwise cooperate with Metricom in facilitating the deployment of Rlcochct9 in the Municipal Right-of-Way in a reasonable and timely manner. The proposed Iocar.ons of Metricom's planned initial installation of Radios shall be provided to the City prior to deployment of the Radios. (c) Upon the completion of installation Metricom promptly shall furnish to the City documentation, suitable to the City, showing the exact location of the Radios in the Municipal Right-of-W'aw. (d) By allowing use of Municipal Facilities hereunder, City makes no representation to Metricom that the voltage of electrical power supplied to such Municipal Facilities is appropriate for %Ietricom*s usc. City is under no obligation to change the voltage of electrical pourr supplied to Municipal Facilities in order to accommodate the use of such Municipal . A Foctliticsby,Melricom, Page 6 of 23 1 t t 1 iAiddnp LGL Ov Qxummugtinnn wJdenevn is SECTION 6. COMPENSATION; DISCOUNTS; UTILITY CHARGES. (a) Metricom shall be solely responsible for the payment of all lawful Fees In connection with Metricom's performance under this Ordinance, including those set forth below. (b) As consideration for the use and occupancy of Municipal Right-of-Way and in order to reimburse City for any costs it may incur in connection with Metricom's entry upon and deployment within the Municipal Right-of-Way, Metricom shall pay to the City, on a quarterly basis, an amount equal to Five percent (5%) of Metricom's quarterly Gross Revenues (the i "Franchise Fee"). Metricom may pass through to customers the Franchise Fee at its discretion. The compcnsation provided under this section shall be payable for the period commencing upon the date that Metricom first provides Services to subscribers within the City using Radios installed pursuant to this Ordinance and ending on the date of termination of this Ordinance. Such payments shall be due on or before the 15th day of the month after the end of each calendar quarter, Within fifteen (15) days after the termination of this franchise, compensation shall be paiJ for the period elapsing since the end of the last calendar quarter for which compensation has been paid. (c) nietricom shall furnish to the City with each payment of compensation required by this section a statement, executed by an authorized officer of Metricom or his or her designee, showing the amount of Gross Revenues for the period covered by the payment. If Metricom or the City discover that Metricom has failed to pay Ute entire or correct amount of compensation due, Metricom shall pay the City the full amount of such underpayment within thirty (30) days of discovery of the error or determination of the correct amount. Any overpayment to the City through error or otherwise shall be refunded or offset against the next payment due from Mctricom 3 Page 7 of 23 J I 1 f i .nrW trytlGl ~r w~m.nvasvrw Mmnwn du i (d) Acceptance by the City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this Ordinance occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due or from collecting any balance due to the City. i (e) No taxes, fees, or other payments by Metricom to the City, including without limitation ad valorem taxes or pole attachment fees shall operate to reduce the Franchise Fee payable to the City hereunder. Notwithstanding anything to the contrary in this Use Agreement, if the Services are subject to a utility users tax, telecommunications tax, or other similar tax or J4 fee for use of the Right-of-Way by operation of the City's Municipal Code or other applicable City law, then the amount of the Right-of-Way Fee shall be reduced by the amount of the applicable utility users tax, telecommunications tax or such other similar tax or fee. SECTION 7. RECORDS AND AUDITS. (a) Metricom shall keep accurate books of account at its principal office in Los Gatos, C A or such other location of its choosing for the purpose of determining the amounts due to the City under Section 6 above. Upon rilteen (15) business days' prior notice, Metricom shall make its books of account relative to the City available for the City's inspection at a location in the Dallas-Fort Worth Area. (b) The City may audit Metricom's books and records from time to time at the City's sale expense, but in each case only to the extent necessary to confirm the accuracy of payments due under Section 6 above, However, if as a result of any audit the City determines that Metricom has underpaid the City by five percent (5110) or more, Metricom will promptly pay the full amount of the underpayment and Will promptly reimburse the City for its reasonable costs, including the costs of consultants, in performing the audit, ~lr\ . . Page a of 23 r , t- t: V AW k" LU Or Duw.nu O.tieawaw Mesawn I (c) The City agrees to hold in confidence any non-public information it teams fiom ~ I Metricom to the fullest extent permitted by Law. I i SECTION 8. ELECTRICITY CHARGES. (a) Metricom shall be solely responsible for the paymer'of all electrical utility charges to the applicable utility company based upon the Radios' usage of electricity and applicable tariffs. (b) The terms and conditions under which Metricom may use Municipal Facilities for which the City requires a pole attachment agreement shall be contained in a separate agreement. This franchise is for use of Municipal Rights-of-Way only. SECTION 9. MUNICIPAL ACCESS PROGRAM. (a) In further consideration of City's grant of this franchise to Metricom, City shall have the right throughout the term of this franchise to purchase, when such service is commercially available in the City, up to the maximum number set forth below (based upon the City's population) of Ricochetl9 basic service subscriptions at the rate of fifty percent (50%) of the regular rate as current from time to time. (b) The number of subscriptions whic'r the City may purchase at the Municipal Access Program rate shall be determined in accordance with the City's official population, as determined by the City, as follows; (a) for municipalities with a population of less than 100,000, up to a maximum of twenty (20) discount subscriptions; (b) for municipalities with a population of 100,000 to 249,000, up to a maximum of thirty (30) discount subscriptions, (c) for + municipalities with a population of 250,000 to 500,000, up to a maximum of forty (40) discount subscript ons; and (d) for municipalities with a population of ov:r 500,000, up to a maximum of r ` iAl fifty (50) discount subscriptions. Page 9 of 23 C, J ,h.W LGL Or, r rc ,4 0,1,.,n W M,vrcum ar, R (c) City understands and agrees that Metricom's modems and equipment required to utilize the discounted subscriptions and any additional service ,,ubscriptions or service options the City may desire are expressly excluded from this special Municipal Access Program rate and j i may be obtained from eitht, Metricom or an authorized retailer at market rates current from time to time or under other pro notional programs which may be available from time to time in addition to the Municipal Access Program rate. (dl Cirv shall use all subscriptions provided pursuant to this section solely for its own use end shall not oe entitled to resell, distribute, or otherwise permit the commercial use of the same by any other party. SECTION 10. RELOCATION OF RADIOS. (a) 2raUon at City's Request City may require Metricom to relocatt one or more of its Radios from lime to time, and Metricom shall at City's direction relocate such Radios at %lrtricom's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (i) if required for the construction, completion, repair, relocation, or maintenance or a city project; (ii) because the Radio is interfering with or a&crscly affecting proper operation of City-owned light poles, aectric poles, traffic signals, or other Municipal Facilities; or (iii) to protect or preserve the public health or safety, In any such case, City shall use its best efforts to afford Metricom a reasonably cquivait.vt alternate location. If Metricom shall fail to telocate any Radios as requested by the City withi t a reasonable time under the circumstances in accordance with the foregoing provision, City shall be entitled to relocate the Radios at 1lctricom's sole cost and expose, a ithout further notice to Metricom and m itltout liability to Metricom for any datnages accasicncd thereby. If relocation is required intinediately in order to protect public health and safety, City shall not be required to provide an . Page 10 of 23 G 1 ,n~MJrp, LO LOw DawnrQhnaravcMw~nwn don 0 alternate location at the time of removal, but shall use its best efforts to do so as soon as reasonably poss!hle. (b) Relocations at Metricom' Request, In the event Metricom desires to relocate any Radios from one Municipal Facility to another, Metricom shall so advise City. City will use its best efforts to accommodate Metricom by making arother reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this franchise and tho pole attachment agreement. (c) Damage to Municipal Might-of-Way. Whenever the removal or relocation of Radios is required or permitted under this Ordinance, and such removal or relocation shall cause the Municipal Right-of-Way to be damaged, Metricom, at its sole cost and expense, shall promptly repair and return the Municipal Right-oGWay in which the Radios are located to a safe and satisfactory condition in accordance with applicable Laws, normal wear and tear excepted. If Metricom does not repair the site asjust described, then the City shall have the option, upon five (5) days' prior written notice to Metricom, to perform or cause to be performed such reasonable and necessary work on behalf of Metricom and to charge Metricom for the proposed costs to be incurred om the actual costs incurred by the City at City's standard rates. Upon the receipt of a demand for payment by the City, Metricom shall promptly reimburse the City for such costs. (d) Metricom shall remove and replace or repair any non-functioning or oral functioning Radio within seventy-two (71) hours of receiving notice of the malfunctioning or non-functioning Radio. itowever, if the non-functioning or malfunctioning Radio is essential to the City's emergency communications network, then upon receipt of written or verbal notice A ~ from the City that functioning of the City's emergency communications network has been Page II of 23 1 F 0u,J.0 LGL Pxm~nmPdlnawn N MNisun Ms impaired, Metricom shall replace or repair any such Radio as soon as possible with due regard to the critical nature of the City's use of such Radio. (e) Upon the completion of each installation or removal of equipment by Metricom under this Ordinance and upon the expiraticn or earlier termination of this Ordinance, Metricom shall promptly restore all Municipal Rights-of-Way and Municipal Facilities on which Radios are installed, and any other areas affected by Metricom's activities, to a clean and safe condition. the restoration of Municipal Rights-of-Way and Municipal Facilities shall be subject to inspections by the City, at the discretion of the City, and Metricom shall undertake additional restoration efforts as reasonably required by the City. Repairs and restorations to Municipal Facilities included in a pole attachment agreement shall be governed by the terms of that agreement. The provisions of this Section shall survive the expiration, completion, or earlier termination of the Ordinance. SECTION 11. INDEMNIFICATION AND WAITER, (a) Metricom agrees to indemnify, defend, protect, and hold harmless the City, its council members, officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, rctnedial actions of any kind, all costs and cleanup actions of any kind, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collutiveiy, the "Losses") directly or proximately resulting from Metricom's activities undenaken pursuant to this franchise, except to the extent arising from or caused by the negligence or willful misconduct of the City, its council members, officers, employees, agents, or contractors. I Pogo 11 of 23 00000 E i c i I 1 r .e.wwy~ ca~a, u.w~.~.aa,.K. rowb~ a„ II t (b) Waiver of Claims. Metricom waives any and all claims, demands, causes of action, and rights it may assert against the City on account of any loss, damage, or 4ury to any Radio or any loss or degradation of the Services as a result of any event or occurrence which is beyond the reasonable control of the City. (c) Limitation of City's Liability. The City shall be liable only for the cost of repair to damaged Radios arising from the negligence or willful mixonduct of City, its employees, agents, or contractors. The City shall not be liable to Metricom or any other person for any interruption in Mctricom's service or for any interference with the operation of Metricom's Radios arising from the City's use of its facilities and Rights-of-Way or from any other action of the City, its officers, agents, and employees. (d) In no even, shall the pity or any of its officers or employees be liable to Metricom or any third party for any consequential, exemplary, or incidental damages, including but not limited to any lost profits, data, savings, or revenues, arising out of or in connection with this Ordinance or any other agreement Metricom may have with any of its subscribers, whether undw tort, contract, or other theories of recovery, even if the City or its officers or employees have been advised of the possibility of such damages. The franchise granted by this Ordinance is for the benefit of Nicidcom, any transferee or assignee in accordance with the provisions of Section 15, and the City, and not for the benefit of any other party. It is not intended by any provision of any part of this Ordinance to create the public or any member thereof or any other person or business, whether for profit or not for profit, as a third party beneficiary hereunder, or to authorize any person not a party to this Ordinance to maintain a suit for damages of any sort pursuant to the terms or provisions of this Ordinance. i~ i Page 13 or 23 1 b F 0.1 ya 101. W a.~u 0&e np kWvm,4 F SECTION 12, INSURANCE. (a) Mctricom shall obtain and maintain at all times during the term of this Ordinance commercial general liability Insurance and commercial aututoobile liability Insurance protecting Mctricom in an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than One Million Dollars ($1,000,000) annual aggregate for each personal injury liability and k products-completed operations. Such insurance policies shall name the City, its council members, officers, and employees as additional insureds as respects any covered liahility arising out of Metricom's performance of work under this Ordinance. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. Claims-made policies are not acceptable. When an umbrella or excess coverage is In effect, coverage shall be provided in following form. Such insurance shall not be canceled or materially altered to reduce the policy limits until the City has received at least thirty (30) days' advance written notice of such cancellation or change. Mctricom shall be responsible for notifying the City of such change or cancellation (b) Prior to the commencement of any work pursuant to this Ordinance, Metricom shall file with the City (lie required original certificates of insurance with endorsements, which shall clearly state all of the following: (i) the policy number; name of insurance company; name and address of the agent or authorized representative; name, address, and telephone number of insured; project name and address; policy expiration date; and specific coverage amounts; (ii) that the City shall receive thirty (30) days prior notice ofcancellation; and „ page 14 of 23 ( II II r' II P -N--vLGLCw Ctx wuOryr Ww ,MU Jw If 0 (iii) that Metricom's Insurance is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance, (c) The certificate(s) of insurance with endorsements and notices shall be mailed to the City at the address specified in Section 13 below, (d) Metricom shall obtain and maintain at all times during the term of this Ordinance statutory workers' compensation and employer's liability insurance in v t amount not less than Five Hundred Thousand Dollars ($500,000) and shall furnish the City with a certificate showing proof of such coverage, (e) Any insurance provider of Metricom shall be admitted and authorized to do business in the State of Texas and shall be rated at least A:X in d.bf. Best& Compan)'s insurance Guide. Insurance policies and certificates issued by non admitted insurance + companies are not acceptable. (p Any deductibles or self-insured retentions must be stated on the cerificate(s) of , insurance, which shall be sent to and approved by the City. "Cross liability," "sc%,erability of interest;" or "separation of insureds" clauses shall be made a part of the commercial general liability and commercial automobile liability policies. r.da..nM w Pose 15 or 23 WON 1 f F 0.4 ,wp LOL an arwunu,ddvnm 99 Nrtnam hr t SECTION 13. NOTICES. (a) All notices which shall or may be given pursuant to this Ordinance shall be In writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U ,S. mail or by ovemight delivery service as just described, addressed as follows: trio the City: CITY OF DENTON Attn.: City Manager 215 E. McKinney DENTON,, Texas 76201 if ro 4fetricom: AIETRICOM, INC. Attn: Property Manager 980 University Avenue Los Gatos, CA 95032 (b) Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next day in the case of ovcmight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other , party delivered in the manner set forth above. SECTION 14. TEFOHNATION. (a) The franchise granted by this Ordinance may be terminated by either party upon foriyfive (43) days' prior written notice to the other party upon a default of any material covenant or tenn hereof by the other party, which default is not cured within forty-five (45) days of receipt of "Hilen notice of default (or, if such default is not curable within forty-five (45) r~ A days, if the defaulting party fails to commence such cure within forty-five (45) days or fails (f' " ...''JAW Page 16 of 2) c• 1 0-0&V KL 0. axummu ddln,n,n'.w Wmy Qe thereafter diligently to prosecute such cure to completion), provided, however, that the cure period for any monetary default, except as provided in Section 6(c), shall be ten (10) days from receipt of notice. Except as expressly provided herein, the rights granted under this Ordinance are irrevocable during the tern. (b) Any termination of the franchise granted by this Ordinance in whole or in part shall not release Metricom from any liability or obligation hereunder which was accruing or had accrued at the time of termination, withcut limitation. The provisions of Section 10 of this franchise shall survive the termination of this franchise. SECTION 15. ASSIGNMENT. (a) Metricom's rights under the franchise granted by this Ordinance are valid for its individual business use only. Metricom shall not lease or sublease or in any way provide rights to any other firm or person, Any violation of this provision shall be grounds for immediate termination of the franchise by the City. (b) Neither the franchise nor the rights and privileges grant hereunder shall be assigned by Metricom without the express written consent of the City, which consent shall not be unreasonably eithhcld, conditioned, or delayed. Any attempted assignment in violation of this section shall be void, (c) Notwithstanding the foregoing, the transfer of the rights and obligations of Metricom hereunder to a parent, subsidiary, successor, or financially viable affiliate shall not be deemed an assignment for the purposes of this Ordinance. Metricom shall give the City thirty (30) days' prior written notice of any such transfer, (d) All transferees and assignees hereunder shall be subject to all of the rights and obligations of Metricom under this Ordinance. 1 r, r. ...~..l -$-I A4 Pmpe 17 of D ~ i 1 t.~ r, f SECTION 16. MISCELLANEOUS PROVISIONS. (a) Nonexclusive Use. This Ordinance does not provide Metricom with exclusive use of the Municipal Right-of-Way or any Municipal Facility and City shall have the right to permit other providers of telecommunications services and other services deemed appropriate by the City to install equipment or devices in the Municipal Right-of-Way and on Municipal Facilities. i Nothing in this Ordinance shall be construed to obligate the City to grant Metricom permission to use any particular facility or Right-of-Way not covered by this Ordinance, (b) In order to assist Metricom in identifying potential interference situations, the City agrees to promptly notify Metricom of the approval of any proposal for the installation of communications equipment or devices in the Municipal Right-of•Way or on Municipal Facilities. (c) Amendment of Ordingn, This Ordinance may not be amended except pursuant to a written instrument signed by both parties. (d) Scvcrabilily of Provisions. If any one or more of the Provisions of this Ordinance shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or i unenforceable, such provision(s) shall be deemed severable from the remaining Provisions of this Ordnance and shall not affect the legality, validity, or constitutionality of the remaining portions of this Ordinance, Each party hereby declares that it would have entered into the asrcement reflected by this Ordinance and each Provision hereof irrespective of the fact that any one or more Provisions be declared illegal, invalid, or unconstitutional. (c) Contacting Metricom. Metricom shall be available to the staff employees of any City department having jurisdiction over Alctricom's activities twenly-four (24) hours a day, seven (7) days a week, regarding problems or complaints resulting from the attachment, rJ, installation, operation, maintenance, or removal of the Radios. The City may contact by w Page Ita of 21 r . I t' r grins Jrp LtlL aa a~ummnddmau w M,Mm, Jn telephone the network control center operator at telephone number (800) 873.3468 regarding such problems or complaints. (1) Ciovem'ng Law: Jurisdiction: Venue. This Ordinance shall be governed and construed by and in accordance with the laws of the State of Texas, without reference to its conflicts of law principles. If suit is brought by a party to this franchise, the parties agree that trial of such action shall be vested exclusively in the state courts of Texas, County of Denton, or in the United StLtes District Court for the Eastern District of Texas. (g) Attorneys' Fees. Should any dispute arising out of this Ordinance lead to litigation, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorneys' fees. (h) Successors and Assigns. The provisions of the franchise granted by this Ordinance are binding upon the successors and assigns of the parties hereto. (i) Advice of Displacement. To the extent the City has actual knowledge thereof, the City will attempt promptly to inform Nittricom of the displacement or removal of any pole on which any Radio is located, 0) Consent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Ordinance, such party shall not unreasonably delay, condition, or withho'd its approval or consent, (k) Waiver of Breach, The waiver by either party of any breach or violation of any provision of this Ordinance shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other Provision of this Ordinance. (1) Representations and Warranties. Each of the parties represents and warrants that ~r A . it has the full right, power, legal capacity, and authority to enter into and perform the parties' Page 19 of 23 u , 1 wWBp+IACQv Doeumnitl Wmn~M Wv4a.4e I Ilk respective obligations hereunder and that such obligations shall be binding upon such party withori i%c requirement of the approval or consent of any other person or entity in connection herewith, (m) Entire Ag er ement, This Ordinance contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or underbtandings (whether oral or written) between or among the parties relating to the subject matter of this franchise which are not !ally expressed herein. (n) Acr°tance, Before this Ordinance shall take effect, Metricom shall file with the City its acceptance of the terms hereof, signed by a duly authorized representative, whereby Metricom agrees to bind itself legally to the terms and conditions of this Ordinance. PASSED AND APPROVED this the dayof , 1999, MAYOR Council Me;&r Council Member Council Member , Council Member Council Member Council Member ATTEST: )MIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORNI II ERB E RT L. PROUTY, CITY ATTORNT?Y PoQe20of 23 1 dud by LUL G..mmYPdn~u~WMMeom?r The above and foregoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the day of , 19_, at 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 read, adopted on second reading and passed by the following votes, this the _ _ day of 19,_, at a regular session of the City Council. Mayor, voting Council Member, voting Council Member, voting _ Council Mcmber, voting Council Member, voting _ Council Member, voting Council Member, voting STATE OF TEXAS ¢ I ¢ COUNTY OF DENTON ¢ i, , City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true and correct copy of the right-of-way rental agreement between the Clty of Denton, Texas, and Mctncom, Inc., as indicated herein. The same is now recorded in Volume Page of the Ordinance Records of the City of Denton, Texas. WITNESS Nil' AND this the `day of A.D. 19 (Seal) r' City Secretary 4n N.nrRinMMi~ -1 AM Pole 2t of 21 1 c. 'CN LOL\M JXAUDDEIT10.`OV DawMA`Qdnncr`.iP3deukwn a. II I ACC E Ci~Ll1.Ji WHEREAS, the City Council of the City of Denton, Texas, did on the _ day of 19_, enact an Ordinance entitled: AN ORDINANCE GRANTING A FRANCHISE TO METRICOM, INC., FOR THE USE AND OCCUPANCY OF THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF DENTON FOR TELECOMMUNICATIONS PURPOSES; PROVIDING FOR CONDITIONS OF SUCH USE; PROVIDING FOR COMPENSATION FOR SUCH USE AND OCCUPANCY; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF. and WHEREAS, said Ordinance was on the _ day of 19 duly approved by the Mayor of said City and the seal of said City was thereto affixed and attested by the City Secretary; NOW, THEREFORE, Metricom, Inc. hereby in all respects accepts, approves, and agrees to said Ordinance, and same shall constitute and be binding contractual obligation of Metricom, Inc. and of the Chy without waiver of any other remedy by Metricom, Inc. or the City and files this its written acceptance with the City Secretary of the City of Denton, Texas, in his/her office. Dated this day of A.D. 19 METRICOM, INC. By: , ATTEST: Assistant Secretary I Acceptance filed in the office of the City Secretary of Denton, Texas, this day of -A.D. 19 1 J City Secretary A, , I4 pw.l QyM! I. I.1. I, N IN Pliat 22 of 21 i u z ' i I I i i i i i fr October 4, 1999 a,a¢QObcn Mr. Michael Bucek City Attorney's Office C 7 City of Denton 1999 215 East McKinney pEt~T Denton 7X 16201 c{LEOAL VIN Mr. Bucck: i Metricom, Inc. hereby accepts the language in the Ordinance granting a franchise to Metricom for the use of the Pity's Rights•of•u ay. Metricom also agrees to pay publication costs for this franchise in the Denton Record Chronicle. /ILaoscovernment Relations and Property Managet I t I I I ~r RICOCiiET NETN'ORx DESCRIPTION I t RicochctTM is an innovative wireless network that enables high speed, ?ow cost, wide area I access to the Internet, online services, LAN applications, and peer devices. Ricochet networks employ frequency hopping, spread spectrum, packet radio repeaters, known as "poletops," H hich are installed geographically in a mesh topology. Through a unique combination of Ricochet's wireless cloud and its wired backbone, digital information travels through the network at high speeds within a city and between cities, I Ricochet poletop radios are shoe box-sized, require low power levels, and are attached easily to existing infrastructure, such as street fights, utility poles, and roof tops. Typical deployment consists of installing poletop radios in a cluster from one-half mile to two miles apart in a mesh topology, making Ricochet extremely flexible and expandable. Each poletop radio constantly knows the identity of, location of, and its ability to communicate with other poletop radios within its range. Information packets can enter and exit the network at any poletop radio location; once in the network, packets can "hop" around busy or non-functioning radios. Expanding coverage, increasing capacity, or achieving communications in dead spots is simply a matter of installing one or more additional poletop radios. Metricom's mesh network architecture transmits digital data packets at a frequency of 902.928 NIHz and inherently provides for rugged and secure communications. Known as frequency hopping spread spectrum technology, this random technique makes it extremely difficult to monitor the signals to or from any particular radio. Each radio - including the usedmodem connection - "spreads" its transmissions over 162 channels (each of which is 160 kHz wide within the 26 MHz band) which are randomly selected using unique sequences. Since the channels do not overlap, sequential data transfers never occur on the same channel, Although Ricochet does not require a license from th; FCC to transmit and receive radio signals, the FCC certifies that each Ricochet device complies with strict FCC Part 15 regulations. For example, such regulations stipulate bat the maximum transmit power for f` a Part 15 device is only 1000 milliwatts (i.e., one won), Furdier, radio transmissions cannot occupy a particular channel for more than 400 milliseconds; the Ricochet service completes a typical transmission - from usermodem to poletop radio or from poletop radio to poletop radio - is typically less than 100 milliseconds, depending on packet size. Finally, the Ricochet wireless network offers inherent security by breaking up information and spreading data across the network in a number of small packets that are i typically 500 bytes in size, each transmitted in a pseudorandom fashion on a different A, , channel. These multi fragmented messages are particularly difficult to intercept in cages 1 t: where the entire message must be captured to be of any practical use. The packets take full advantage of the mesh topology architecture and the large numbers of routing paths available at any one time, providing additional obstacles to interception by potential eavesdroppers and unauthorized users. u A0eedt Dal l1 AGENDA INFORMATION SHEET AGENDA DATE: November 2, 1999 DEPARTMENT: Utilities LLll---- ACM: Howard Martin, 349-8232 SUB3F.CTt FIRST READING OF AN ORDINANCE GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC., DOING BUSINESS AS COSERV ELECTRIC, A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON; REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY; PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE-MAKING AUTHORITY OF THE CITY MANAGER AND T1 1E CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE.; PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCHISE; PROVIDING FOR A SEVERABILIT Y PROVISION; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The City Charter and the newly adopted Right-of-Way Ordinance No. 99.373 requires an electric service provider operating in the City of Denton to have a Franchise Agreement. The attached agreement with CoScrv Electric establishes such an agreement with CoServ Electric for a 10 year period. OI'TIONS: None RECOMMENDATIONS: Accept the proposed Franchise Agrccmcnt with CoServ Electric. PRIOR ACTIO,NIREVIEW(Council.Board&Commission): A None 1 1 t` (7 , FISCAL INFORMATION: 1 None j Respectfully submitted: Sharon Mays Director of Electric Utilities 1 1 r I 2 i 1 f I •I I i ORDINANCE NO. AN ORDINANCE GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC., DOINO BUSINESS AS COSERV ELECTRIC, A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN j THE CITY OF DENTON; REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY; PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE- MAKING AUfHOR1TY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; PRESCRIBING THE COMPENSATION TO 13E PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCHISE ; PROVIDING FOR A SEVERABILFTY PROVISION; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Denton County Electric Cooperative, Inc„ doing business as CoServ Electric, has been using and occupying Public Wghts•of-Way in the City of Denton for a number of years, including all of calendar year 1998, %ithout a franchise therefor from the City; and WHEREAS, by letter agreement dated June 16, 1999 ("Letter Agreement"), CoServ Electric and the City agreed to interim terns and conditions governing CoServ Electric's use and occupancy of the Public Rights-of-Way until CoServ Electric and the City reached agreement on a comprehensive franchise agreemenVordirtance; and WHEREAS, such letter Agreement provided that the electric franchise to be granted to CoServ Electric mould have an effective date of no later than May 17,1999; and t:~I I WHEREAS, the City of Denton has adopted Ordinance No. 99-373 amending the City of Denton Code of Ordinances to provide uniform regulations to govern the use and occupancy of Public Rights-o6-Way by providers of Electric Utility Service in the City, such provisions being codified as Sections 26-240, et seq., City Code, and including the requirement that such providers obtain a franchise from the City for such use and occupancy; and WI IEREAS, Sections 26.240, et seq., of the City Code apply to Denton County Electric Cooperative, Inc., doing business as CoServ Electric, and its provision of Electric Utility Service i in the City, and require Denton County Plectric Cooperative, Inc. to obtain a franchise from the City; NOW, THEREFORE 'rl IE COUNCIL OF 171E C1 FY OF DENTON HEREBY ORDAINS: SECTION I: DEFINITIONS. As used in this ordinance, capitalized terms shall have the defined meanings set forth in Ordinance No. 99.373, codified as Sections 26-240, et seq.. City of Fenton Code of Ordinances, and such definitions are hereby adopted as is set forth fully herein. 1 SLV ION Il: FRANCE IISE GRANTED. (a) there is hereby GRAMM to Denton County Electric Cooperative, Inc., doing business as CoScrv Electric (hereinafter called "Grantee"), for the temt of ten (10) years from the effective date set forth in Section SID of this Ordinance, a Franchise to use and occupy the Public Rights-of-Way in order to construct, erect, own, suspend, install, extend, renew, repair, maintain, operate, and conduct in the City of Denton, Texas, (hereinafter referred to as "City"). a plant or plants and poles, wires, pipelines, cables, underground conduits, manholes, fiber optic cable for z!, its own use, and all other facilities and equipment needed and necessary for the maintenance and operation of an Electric Utility System, i G I, c (b) This Franchise does not grant to Grantee the right, privilege, or authority to engage in any other business within the City other than the provision of Electric Utility Service, as set forth in this Franchise, Any additional services to be performed by Grantee in the City, I other than Electric Utility Services, shall not N. included within this Franchise, but instead, shall be the subject of a separate agreement or by an appropriate amendment to this Franchise. (c) Ali of Grantee's activities and occupation of the Public Rights-of-Way in the City shall be governed by the provisions of Sections 26-240, el seq., City Code, as such provisiors may be amended from time to time in the sole discretion of the City. (d) This Franchise supercedes, and takes the place of, the Letter Agreement dated June 16, 1999, referenced in the preamble hereof. Grantee and City agree that Ordinance No. 99.373 , codified as Sections 26.240, el seq., City Code, and this Franchise together constitute the comprehensive franchise agreement/ordinance referenced in the Letter Agreement. Sf:CT10N III• AD'vSINISTR1TTON OF FRANC[[ISE BY CITY. 1 (a) 'I he City Manager is the principal City officer responsible for the administration of this Franchise, and shall generally oversee and review the operations of Grantee under this Franchise. (b) The City may delegate to the City Manager the exercise of any of the powers conferred upon the City by its Charter, under its Code of Ordinances, or by regulation or rule, or by law, relating to the supervision and regulation of Grantee in the exercise of the rights and privileges herein conferred to Urantee. The City Manager shall have the authority to make and publish, alter written notice to those affected and after a hearing, such rules and regulations as are necessary to carry out the duties and powers conferred upon the City, acting by and through t' 1 r \ t its City Manner by the Public Utility Regulatory Act, as amended, and otherwise. ~ i J i ' i R 3 v (c) It shall be the right and duty of the City Manager and the governing body of the City at all times to keep fully informed as to all matters in connection with, or affecting the construction, reconstruction, maintenance, operation, and repair of the Electric Utility System of the Grantee, as well as its accounting methods and procedures in connection therewith, the conduct of the Grantee's business in the City, and the Electric Utility Service being provided by Grantee in the City. SECTION IV: RECORDS. REPORTS. AND INSPECTIONS, i (a) The Grantee shall maintain its books and records as prescribed in Section 26-249, City Code. (b) Grantee, at Grantee's sole cost and expense and upon request by City, will promptly provide copies of financial and operating reports filed with the Public Utility Commission of Texas, the Federal Energy Regulatory Commission, and the Securities and Exchange Commission, or their successor agencies, in no event later than fifteen (15) days after I the receipt of a request therefor from the City (c) Grantee shall keep the City fully informed as to all matters in connection with or / affecting the construction, reconstruction, removal, maintenance, operation, or repair of Grantee's facilities. including, without limitation, all accounting methods and procedures used f by Grantee in determining the franchise fee amounts to be paid the City, (d) Grantee shall provide the City, on an annual basis, a current chain-of-command organizational chart of Grantee showing all of its officers, managers and supervisors, together i with their respective titles, addresses and telephone numbers, who have the ultimate tr 1 \ r, responsibility for managing, operating, and maintaining Grantee's Electric Utility System in the City. I I c~ t (e) I'he City Manager, or his designee, shall have the right, at reasonable times, to inspect the plant, equipment, and other property of the Grantee, and its affiliates; and to examine, audit, and obtain copies of the papers, books, accounts, documents, and other business records of the Grantee and its affiliates, consistent with state law and in accordance with the provisions of Section 26-249, City Code. (0 The City shall retain all of the investigative powers and other rights provided to the City by its Charter and by stale law. SECTION V: COMPENSATION TO BE PAID TO THE CITY, (a) Grantee shall pay the City an annual Franchise Fee as set forth in Section 26-242, City Code. (b) Grantee shall fumish to City at the time each quarterly payment of franchise fee is made to City hereunder, a sufficiently detailed financial statement showing how the Gross Revenues amount was arrived at and how the amount paid to the City was determined, for such quarter. After Grantee implements customer choice, the information provided to the City shall indicate the number of kilowatt hours of electricity delivered by the Grantee in the City. (c) Within ninety (90) days after the effective date of this Franchise, Grantee shall provide information to the City: (i) documenting the total number of kilowatt hours of electricity delivered by Grantee in calendar year 1998 to all of Grantee's retail customers whose consuming facilities' points of delivery were located within the City's boundaries; and I I i c 4 (ii) documenting Grantee's Gross Revenues (as defined in Section 26. 240, City Code) In calendar year i998 derived from the provision of Electric Utility Service within the City's boundaries. (d) The City shall compute the franchise fee that Grantee would have paid to the City in calendar year 1998 at the rate of 4% of Grantee's Gross Revenues for 1998, as determined in paragraph (c) above, and shall notify Grantee of the results of City's computation. Grantee agrees that the result of such computation is the amount due to the City for calendar year 1998, in accordance with the provisions of §33.008, PURA. Grantee agrees that City will use this amount to calculate Grantee's franchise fee per kilowatt hour, in accordance with §33.008, PURA. By October 1, 2001, the City shall notify Grantee of the amount of the franchise fee set forth in number of dollars per kilowatt hour. Grantee agrees that such calculation is appropriate and waives any right it may have to challenge or otherwise contest the calculation of the franchise lee. (e) Grantee shall pay the kilowatt hour-based franchise fee instead of the franchise fee based upon Grantee's Gross Revenues, commencing with service rendered by Grantee on and after January I, 2002, or commencing with service rendered by Grantee on and alter the first day of the first month following the effective date of Grantee's implementation of customer choice, whichever is later. SEC11ONV1: WR NC111SEAND01HERVIOLATIONS. l1p<m evidence being received by the governing body of the City that a violation of this Franchise Ordinance, or a City Charter provision, or an ordinance of the City lawfully regulating Grantee in the furnishing of service hereunder is occurring, or has occurred, it shall at once cause 0 \ an investigation to be made by the City Manager or his designee. Notice, penalties, and i cc, , e procedures for ensuring compliance with this franchise shall be as provided in Sections 26-240, cr se q., City Code. SECTION VII: NOTICES. i (a) All notices, including communications and statements that are required or i permitted under the terms of this Franchise, shall be in writing. Service of a notice shall be accomplished by hand-delivery, by registered or certified mail, retum receipt requested (postage prepaid), or by reputable overnight delivery service. All notices shall be effective upon the receipt of notice by the intended recipient, (b) All notices shall be sent to the City and Grantee at the following addresses: CITY OF DENTON, TEXAS DENTON ELECTRIC COOPERATIVE, INC. City Manager d/b/a CoServ Electric City of Denton c/o Curtis Trivitt, A.E. 21.5 F. McKinney Director of Engineering and Operations Denton, Texas 76201 3501 FM 2181 Corinth, Texas 76205 (c) 1 he City and Grantee, from lime to time, may designate a new address and/or another designated officer for purposes of providing notice hereunder, by written notice to the ' other party given as provided herein. SEC'"LION Vill: COjjs R F1Y 10111E CONSTITUTION. STATUTES. CHARTER AND CI1 Y CODE OF OROINANCFS. This Franchise is granted subject to all applicable provisions of the Constimion and laws of the State of Texas, the Charter of the City of Denton, Texas, and the Denton Cade of Ordinances, together with any and all rules and regulations adopted thereunder. This Franchise shall in no way affect, abridge, or impair the rights, obligations, or remedies of the parties , r pruvidcd for by the Public Utility R:gulatory Act of Texas, as amended. yrarrrar~r+r x t~ (1 SECTION X: GQVERNINQ LAW AND VENUE. (a) This Franchise shall be governed by and construed in accordance with the laws of the State of Texas and the City Charter of the City of Denton, Texas. (b) Venue respecting any dispute arising hereunder shall exclusively lie in Denton County, Texas. (c) For purposes of construction, this Franchise shall be construed as having been negotiated at arm's length and drafted by the combined efforts of the City and Grantee and their respective legal counsel. SECTION X: INDEMNIFICATION, Grantee shall defend, indemnify and save whole and harmless the City and all of its officers, officials, agents, employees and attorneys, against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons that may be occasioned by, or arise out of, Grantee's breach of any of the terms or provisions of this Franchise or of Sections 26-240, er seg., City Code, or by any negligent or strictly liable act, or r omission by Grantee, its officers, agents, employees, subcontractors, affiliates and subsidiaries, in the construction, maint~:nancc, operation, or repair of Grantee's lilcctric Utility System, or by the conduct of Grantee's business in the City pursuant to this Franchise; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, officials, agents, employees, or separate contractors. In the event of joint and concurrent negligence or fault of both of the Grantee and the City, A # r,. responsibility and indemnity, if any, shall be appoxtiooc%] comparatively In accordance with the laws of the State of Texas without, however, waiving any governmental immunity defense or A t' i I 'M I rravision available to the City under applicable Texas law, and without waiving any of the defenses of the parties under applicable Texas law. It is understood that it is not the intention of the parties hereto to create liability for the benefit of any third parties, but that this Franchise shall be solely for the benefit of the City and Grantee, and shall not create or grant any rights, contractual or otherwise, to any other person or entity. SECTION Xi: NON-EXCLUSIVE FRANCIIISE. The Franchise granted by this Ordinance is not exclusive. Nothing contained herein shall be construed so as to prevent the City from granting other like or similar rights, privileges, and franchises to any other person, firm, corporation, or public utility. SECTION XII: EFFECTIVE DATE: ACCEPTANCE This ordinance shall take effect immediately from and after its passage, publication, acceptance by Grantee in accordance with the provisions of the Charter of the City of Denton, Texas, and after Grantee deposits its surely bond with the City Finance Director, as required by t Section 26-244, and it is accordingly SO ORDAINLD. Under the terms of the Letter Agreement, Grantee's ohligatiors with regard to payment of compensation hereunder shall have an effective date of May 17, 1999, and Grantee's first payment of franchise fees for the period of May 17, 1999 through September 30, 1999, shall be due upon Grantee's acceptance hereof. The Franchise granted herein shall continue for a terns of tcn (10) years from the effective date. SI:C'IION XIII: OPEN MR-ZING, It is hereby, officially found and determined that the meetings at which this ordinance was passed were open to the public as required by law, and that public notice of the time, place and r purpose of said meetings was given as required by law. i' 1 tJACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Ely: I APPROVED AS TO LEGAL FORM: HERBERT L. PROU FY, CITY ATTORNEY ByJ41 The City of Denton, Texas, acting herein by its duly constituted authorities, hereby declares the foregoing Ordinance passed on first reading on the day of 1999; and passed on second reading on the day of 1999; and passed on third reading on the day of 1999; and being finally effective as of the -_J day of ----------.1999, I Jack Miller, Mayor Mark Burroughs, Council Member Roni Beasley, Council Member Mike Cochran, Council Member Neil 1)urrancc, ('ouncil Member Sandy Kristoferson, Council Member ('url O Young, Sr•, Council Mrmbcr I he abutic and foregoing ordinance read, adopted on first reading and passed to second reading by the folloAink votes, this the . day of 1999, at a regular session of the City Council. Jack Miller, Mayor, voting Murk Burroughs, Council Member, voting - / 1 ° r Roni Beasley, Council Member, voting 1 E 1, k ~I I a Mike Cochran, Council Member, voting Neil Durrance, Council Member, voting Sandy Kristoferson, Council Member, voting _ I I Carl 0. Young, Sr., Council Member, voting I The above and foregoing ordinance read, adopted on second reading and passed to third reading by the following votes, this the day of _ 1999, at a regular session of the City Council. Jack Miller, Mayor, voting I Mark Burroughs, Council Member, voting Roni Beasley, Council Member, voting Mike Cochran, Council Member, voting Neil Durrance, Council Member, voting Sandy Kristoferson, Council Member, voting Carl G. Young, Sr., Council Member. voting _ ' I the above and foregoing ordinance read, adopted on third reading and passed by the following votes, this the day 1999, tut a regular session of the City Council. Jack Miller, Mayor, voting Mark Burroughs, Council Member, voting Roni Beasley, Council Memhcr, voting I Mike Cochran, Council Member, voting j Neil Durrance. Council Member, voting Sandy Kristofrrsan, Council Member, voting _ Carl G. Young, Sr., Council Member, voting _ 1 F t ~I I I I a' I i STATE OF TEXAS § § COUNTY OF DENTON § 1, Jennifer Walters, City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true and correct copy of the Franchise Agreement Ordinance between the City of Denton and Denton County Electric Cooperative, Inc., doing business as CoServ Electric. The same is now recorded as Ordinance Number In the Ordinance Records of the City of Denton, Texas. WITNESS MY [[AND this the day of 91999. Jennifer WaIters, City Secretary (SEAL) i 'Al a f ACCEPTANCE WHEREAS, the City Council of the City of Denton, Texas, did on the day of 1999, enact an Ordinance entitled: AN ORDINANCE GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC. DOING BUSINESS AS COSERV ELECTRIC A FRANCHISE FOR IHE PUREOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON; REGULATING THE CONSTRUCTION WORK DONE hY THE. GRANTEE IN THE CITY; PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE- MAKING AUTHORITY OF THE CIIY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE l FRANCHISE;; PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCHISE AND THE RIGHT OF TIIE CITY TO UNILATERALLY TERMINATE THE FRANCHISF. IN CERTAIN CIRCUMSTANCES; PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, said Ordinance was on the _ day of _ , 1999, duly approved and subscribed by the Mayor of said City, and the seal of said City was thereto affixed and at!ested to by the City Secretary; NOW, THEREFORE, Denton County Electric Cooperative, Inc,, doing business as CoServ Electric, hereby in all respects ACCEPTS, APPROVES AND AGREES TO said Ordinance, and the same shall constitute and be a binding contractual obligation of Denton County Electric Cooperative, Inc., doing business as CoServ Electric, and of the City, without waiver of any other remedy by Denton County Electric Cooperative, Inc., doing business as CoServ Electric, or the City, and Denton County Electric Cooperative, Inc., doing business as CoServ Electric, does hereby rile this, its written acceptance, with the City Secretary of the City of Dcmon,'fcxas, in her Dflicc. DATED this the day of .1999. I , DENTON COUNTY ELECTRIC COOPERATIVE, INC., doing business as COSERV ELECTRIC By: - - ATTI>ST: j ~'A A V r. U '0. ACCEPTANCE FILED In the Office of the City Secretary of the City of Denton, Texas, this the day of .1999. Jennifer Waliers, City Secretary ,,A G W t Ail" No Agenda Item._ Dale,., AGENDA INFORMATION SHEET AGENDA DATE: November 02,1999 DEPARTMENT: Utility Administration ACM; Howard A4artin, 349-82321 SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES PERTAINING TO THE PRELIMINARY DESIGN PHASE OF THE LAKE RAY ROBERTS WATER TREATMENT PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREOF; AND PROVIDING AN EFFECTIVE DATE, BACKGROUND; On August 23, 1999, staff held a discussion with the PUB regarding the advantages and disadvantages of building a 10-mgd vs. 20-mgd treatment capacity at the proposed Lake Ray Ruberts Water Treatment Plant (LRRWTP). Based on this discussion, the PUB recommended moving forward with the design of 20-mgd LRRWTP. Staff presented the PUB recommendation to the City Council in the workshop session on August 24, 1999. The City Council also endorsed the PUB recommendation to move forward with the 20-mgd design. Staff has worked with the consulting fine of Freese and Nichols, Inc. who were the original designers of the I0-mgd plant in 1990, to develop the scope of work and cost proposal for the preliminary design of the 20•mgd LRRWI P. The decision to undertake the preliminary design was made as several process units have to be modified to meet the current regulations; and instrumentation and Supervisory Control And Data Acquisition (SCADA) syatem technology has changed drastically since 1992, The preliminary design will help identify the design changes that need to be made, and the feasibility of the alternative designs and costs for each alternate. The preliminary design effort then will help to develop the scope and costs associated with developing plans and specifications for the final design of the LRRWTP. The consultants scope of services and the cost proposal are attached as Exhibit II. QPTIONS; Options related to a 10-mgd vs 20-mgd plant construction were presented to the PUB and the City Council, Decision was made to move forward with the 20-mgd plant capacity. A fk j' ` r RECOMMENDTIONS., Staff recommends approval of the professional services agreement with Freese and Nichols, Inc. , WIN r PRIOR ACTION REVIEW (COUNCIL- BOARDS. CO MISSIONI PUB: August 23,1999; Discussion on the LRRWTP cost update and 10-mgd vs 20-mgd plant construction. City Council: August 24, 1949: Discussion on the LRRWTP cost update and 10-mgd vs 20-mgd plant construction. PUB: October 04, 1999: Approval of the professional services agreement with Freese and Nichols. E]SCAL INFORMATION: 518,733,000 has been budgeted for the 10-mgd LRRWTP. $210,000 was budgeted in the FY99 in bond funds. A copy of the FY99 CIP detail sheet is attached as Exhibit 111. BID INFORMATION: None. MALI Exhibit I Respectfully submitted: Tim Fisher, P.E. Assistant Director Water Utilities Prepared by: - iI P.S. Ar ra, P.E. Engineering Administrator Exhibit I • Location Map A Exhibit 11 • Freese and Nichols Scope of Work and Cost Proposal Exhibit 111 • CIP detail sheet Z f may Or.MA.Wow SCALE 1"•600.0_' TreabooM MM New FM ItS3 a F a J - NaAIN rt Road /oo ~ht ►Ym~ llrbar J "NTON ' EXHIBIT 1 J IARVi~vvlRro~~diytsy Rob offs WTR sp 3 c FREESE•NICHOL6 September 28, 1999 i Mr. P.S. Arora, A.E. City of Denton Water Utilities 215 E. McKinney Denton, TX 76201 RE: Proposal for Preliminary Design Phase Lake Ray Roberts Water Treatment Plant city of Denton Off9905WDT6311160 Dear Air. Arora: The attached spreadsheet is the basis for our estimate of hours and costs to prepare a revised Preliminary Design Report for the Lake Ray Roberts Surface Water Treatment Plant. The design team for the preliminary phase includes Freese and Nichols, Montgomery Watson, and Gary )uren Architects. Montgomery Watson Kill prepare the elements of the PDR related to the electrical and instrumentation design. Gary )uren, the original architect will be involved in an advisory role on the revisions to the Administration Building. Freese and Nichols will complete all of the other tasks, inclusive of overall project administration. Our previously submitted scope and the attached fee are based on the following: 1. Reliance on previous design and analysis, to the extent possible. 2. Increase of the plant design flow from 10 MGD to 20 AfGD. 3. Process and design changes will be evalualed and determined in a workshop setting with the Dl%'U stuff in FN'I's Ft, xVonh office, per our letter dated August 27, 1999. 4. Additional sunny and geotcchnical work ill be contracted directly by the City. It is currently anticipated that the existing information will be adequate for the revision to the PDR. 3. City of Denton Professional Scn ices Agreement is to be used. Thecstimated fce is SI42,700. This is approximately one-fourth of the original preliminary design phase fec, when the two arc compared on a common year basis. This represents a salvage value of our original work of about 75:0. For the preliminary design phase we 'oil request the compensation basis be lump sum, since the scope is clear and it will facilitate A, , project administration / Freose and N,cho+s Inc Ergneers Environweniai Scennsis Archifeots 4055 Intemahonal Plata Sune 200 Fort WOAh, Texas 76f09 4695 817.735.7300 Fax !!17.735.7491 EXHIBIT 11 4 e f Mr. P.S. Arora, P, E. August 6, 1999 j k Page 2 of 2 In that there have been several modifications in the federal regulations pertaining to water quality and site accessibility and safety, and there have ban signi fieant advances in the water treatment industry in the past 10 years, it is expected that substantial modifications may be required to the final design elements. These will be presented, evaluated and decided upon by the City during the planned workshops. Upon completion of the PDR, an estimate of hours and cost for the final design and construction phase will be prepared based on the elements modified or supplemented. We hod a that this information assists you in your decision process and, if you need further inforr.talion, please contact us. Very truly yours, Freese & Nichols, Inc. ",mon R. Longoria Principal ,,11418!1pjdI If It r PnR C081 PROR?5A1 RLY rl I'A PD I i I i N I! ~ 1 ,1 - t' I L1 ' I i CITY OF DENTON LAKE RAT 110911E WATER TREATMENT PLANT DESIGN PRELIMINARY DESGN • ENGINEERING SOMT FOR $0 OR 70 MOD PUNT WITH MODIFICATIONS TO THE EXISTWO DESIGN (WORKSHOP ALTERNATIVE) FIRE ESE AND NICHOLS, 014 5p10rtE31 ZS, 1095 I ' ~ R.1nlw,ou "A I.I PROJECT MANAGEMENT COVERING TASK 1 I I INCIPAL PRD,IMGR POWEN0 WWWENON STRUCT ARCM MECM LFC SIP1~7P151 EN(CNLEWO~ TECH I,REt. RERl CST Iwm W01 TOTAL p TASK Nps tips NPS HAS NR/ NPs NPs NR9 NR! - R NRS NM HAS Lw" 11 GlnullApnnWrllrpr K M'I! j 11 Mm" 17 WlIM/l Yq WaAI'oq RPpct KSIwK / 1 / f M e. wwen/I tl to Ia .0 h4eq wMr TNR Ir s p Wpn7 N[C 1 1 01 AL r •tA MIXMG N V ]E 1 0 0 0 0 B 0 0 0 E } N IM lNDARD BIIL SPATE !Iq iut 1101 1, 6Rl 6,06 1101 /101 r ma $IN IBS 190 W j W LABOR DJlf, uOID fNON la.>u 611/ b b b >o N b b so ; b 1170 111.40 FST MATEO EaPENSE! Au rm w. 600 m 1071 IIBBoo A K 40 nib 1100 MOD f6bpnml 17 w1 I1000 !17000 Cvlrn./rrt s lncli L41rvowA 6 N 111 00 38000 PrarePy^! No 09 solo 1400 MMlulnl0in' 1 K MODW MOD 00 ' rclu0al pPAIyOI rK nmb cnl ylL lid pnlr Mrveln K P,w @,WHO I I ('J) TcIAlf5TIMATEO kr FENSLS r 117 Tofu roR WTR 1.D 1116.4" 1 I IOFF990ST..I'AEYISK DOPIKJM k u Lit 14 CITY OF DENTON LAKE RAY ROBETS WATER TREATMENT PLANT DESIGN PRELIMINARY DESIGN • ENGNEEFUND BUDGET FOR 10 OR 10 MOD PLANT WITH MODIFICATIONS TO THE EXISTING DESIGN (M'OAXSHOP ALTERNATIVE) FREESE AND NICHOLS, INC SeptlmD/r ZS, Ii90 . RINI1q.1 O1A I WiP 71 PR[LNIMAP40[IMN I PRRICIPAI PNOJ MGR ARW NO WYRYE401 STRMCi ARCH MECH EIEC PNST 14CNS EN00 TVCH 'RES. REP; CST ~YaORD PAO tOTAI TASK HAS MP5 HR$ HPI HAS HAS HAS IM1 XR NA! HR HEI HF ! LAAOR t t R.0„rio7 Pwrr I 16 32 1 , 52 W011 11 FlMr 0[WitAMPU1bY l 14 b / 1 A x •.,.111 KSN EI ON01'V FA.O,pW Uq code PAN. 1 J t H 11 4 24 64 1 FF t 1 UpO.Y TieMmem PApmf hyn { - J 32 10 74 IN 1 71 cw.aun.m CRAM awn F . [ Al 0 10 P,.[A'. PrNmsAy OH.v lr W 1 1 61 b 4 A 1 4 7 n Survry COO,NMOn 1 II 151 1 r t W Ceu .•;nncai Cw~a N'w . A 0 V 5Or A11pUR5 / 101 aq 9l6 32 5 It a 1 U 0 134 0 0 11 t/7 I $f AN0AR06RI INJ RA tE V65 It4 r.,b ttbf W tS1 ifp{ It01 5101 W 170 , 115 !/0 W W LABOR COST l'+10 Ir 661 1.19 r5/ 630,366 11$n 13151 UK 401 Ulu to 41,140 to 10 SIl3A ~ scsw IST'METtO L.PENSES Ado r. Ae. I6P4 mi t03t 150717 713 nn 0 {i 6W B0 CA DD I13 nn lie 1000 63Mw 00 A P['. 0 v1 !26000 150E 00 M.eNAi WWI 75 e1 il!DO 1]1S DO T.rpPm. 17 r1 {7100 tim w 0,."9111 LOwN,.v'o r7 e1 615w 1160 DO P,4rcup, IV X10 00 1610 1,5600 BmO~n.A I Mnb PAN 100 A. $tlb 1,0000 1 O.q hw ArcP,I" , 01 {5000 000 00 Mm19~, Wow i vA $30.000 13000000 M N.Pwwu.' 1 r lS3000 Iwo >0 •nc~u klpaM.(M ~u4r,.r cr.•'p!. AdtlMni 6r.nonoA R'Rpc1 ..o..10 IUt AI [511MA1E0C4PENSES ~ U4 121 TOTAL FOR W Ill 10 • i131,K! 1011E PPOJECi . ' P7rr /u0f611 'AF.~E 6cKwI qHC F , t r r ' ll I i I I PROI TITLE: lG> RAV ROBERTS NTP ASD M46-411WER14CILITIES(IOU) LSTIMATEDCOST: 311733 (11006) GROCPASSIGNMENT., ` DESCRIPTION: This project could proslde fat tht design,coortruction and inspection orthe at" raw water pamping facilities tad the new 16 VIGO Ray Roberu Water Treatment Plant. Pt RPOSE: To tnat increasimg treated water needs for the City arDeatos as indicated In the L'tilitie' Forecast. The Speiser Road Water Treatment Plat Is approachity capacity. The Ray Roberta Plant is needed to meet fulcra demands. j Per Freese and Nichols' preliminary estimate. Ammonia are 1919 dollars; prices fare beta adjusted by 5% APR to reflect leflatlom. I i r I \ ENCUMBRANCES CASH WENDin RLS BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL ISTII'R 5710 19 >t is Me 3210 H 0 SO $7 to TOTAL7NDVR USA s• so 30 1150+ 53M 0 so g0 fJ50 TOTAL 3RD VR $7,140 H So 50 $7110 s7.1N f1 so W $7148 GRANDTOTAL 119930 W so so $14930 510930 so so 0 111"M LNCUMBIIANCE DATES: Eaambered is spout: PHASE DATE AMOUNT OBJECT0 a $51111 an Engiaaad" Dalga NA9 5710 an Iaapaed" o641 SIN no CamartrktMa B6M $1700 910 Hydra 'Use Water Use 0141 5107 9131 ENCLI(BILANCE TOTAL $10733 COMWXTS: This pnjemt Is a coadaoatfom from 1901. Eacombraua: Prior is 19$9 S 74100t Corrm CIP 5 1t$A" r• TOTAL PROJECT BLDGET $ 1$,733,000 6/98 39 8 EXHIBIT III 1 I 1 t I l I ORDINANCE NO. l AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC., FOR ENGINEERING SERVICES PERTAINING TO THE PRELIMINARY DESIGN PHASE OF THE LAKE RAY ROBERTS WATER TREATMENT PLANT; AU Fl[ORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to engage Freese and Nichols, Inc., a Corporation ("F&N" to provide professional engineering services to the City pertaining to the preliminary design phase of the Lake Ray Roberts Water Treatment Plant; and Wl IF.REAS, the City stall;' has reported to the City Council that there is a substantial need for the above-described professional engineering services, and that limited City staff' cannot adequately perform the scrvicei and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional engineering services, as set forth in the Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF TI IE CITY OF DLNTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a Professional Services Agreement with Freese and Nichols, Inc., for professional engineering services pertaining to the preliminary design phase of the Lake Ray Roberts Water Treatment Plant for the City of Denton, Texas; in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference. SECT ION 11: That the award of this Agreement by the City is on the basis of the demonstrated competence, kno"ledge, and qualifications of F&N and the ability of F&N to perform the services needed by the City for a fair and reasonable price. SECTION 111:1 hat the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION IV: That this ordinance shall become effective immediately upon its passage and approval. 9 Iii c, PASSED AND APPROVED this the day of 11999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: u I i 5.~Cur rkcuwn&,0rdinancer`:99`Fmcm A Nkhols PSA Ord-Ldt Ray Robau Ntr Im PlrM. dot 10 r t I STATEOFTEXAS § COUNTYOFDENTON § i PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES f PERTAININOTOTHE PRELIMINARY DESIGN PHASE OF Tif E LAKERAY ROBERTS C WATER TREATMENT PLANT FOR THE CITY OF DENTON, TE.KAS 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 offices at 215 E. McKinney Street, Denton. Texas 76201 (hereafter "OWNER") and Freese and Nichols, Inc., a Texas Corporation, with its offices at 4055 International Plaza. Suite 200, Fort Worth, Texas 76109 (hereafter "CONSULTANT"); the parties acting herein, by and through their duly-authorized representativesand officers. WITNESSETH, that in consideration of the covenants and agreements herein contained, the partieshereto do mutually AGREE as follows: ARTICLE I EMPLOYNIENTOF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with. the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set forth herein are in connection with the following described project (the "Project'): Professional engineering services pertaining to the preliminary design of Lake Ray Roberts Water Treatment Plant (LRKW'TP), Denton County, Texas. i ARTICLE ]I SCOPE OF SE R VIC ES The CONSULTANTshall perform the fol lowing basic services in a professional manner: A. To perform those services as set forth in the Scope of Work which is attached to fetter dated September 28, 1999 from Raymond R. Longoria, P. E., Principal of CONSULTANT to P.S. Arora, P. E, Engineering Administratorof OWNER. which letter includesCONSULTANT's "Scope of Work" and"Fee Proposal" and is a four (4) page document marked as Exhibit "A", which Exhibit is incorporatedby reference herein. B. If there is any conflict between the terms of this Agreement and the Exhibit attached to this Agreement, the terms and conditions of this Agreement shall control over the terms and conditionsof the Exhibit. I i 1M AnwnrCwsMJUw A%A iHA IA,A AA *VM Page 1 of 10 c r t ' ARTICLE 11I ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as basic senices in the above-described Scope of Services, set forth as provided by Article 11. above. shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such additional services by the CONSULTANT. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANTand upon the issuance of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completionof the Project, including Additional Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, actingthrough its Assistant City Manager for Utilities.or his designee. ARTICLE V COMPENSATION A. COMPENSATIONTERMS: 1. "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employment of others in outside firms, for services in the professional engineering area, or related services. Any subcontract or subconsuitant billing reasonably incurred by the CONSULTANT in connectionwith the Project shall be invoiced to OWNER at the actual cost. 2. "Direct Non-Labor Expense" is defined as that expense, baud upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project. B. BILLING AND PAYMENT- For and in considerationof the professional services to be performed by the CONSULTANT A4 C , herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the basic services tasks set forth in the Scope of Services as shown in Article II above; as follows; I, CONSULTANT shall perform its work on this Project in substantial accordance Page 2 of 10 1 t Y with the tasks set forth in the" Scope of Work" and "Fee Proposal" referred to in Article I I. A. above, marked as Exhibit "A", and which Exhibit is incorporated herein by reference. CONSULTANT shall be paid for smiecs rendered pursuant to the Agreement and for all reasonably incurred out-of-pocket expenses or; a lump-sum basis, billed monthly. The OWNER agrees to pay to CONSULTANT for its professional services performed, and for its out-of pocket expenses incurred in the Project.a total amount not to exceed S 142,700.00. 2. Partial payments to the CONSULTANT mill be made monthly as progress payments in accordance with the statements reflecting the extent of actual completion of the basic services, rendered to and approved by the OWNER through its Assistant City Manager for Utilities or his designee. However, under no circumstances shall any monthly statement for sen ices exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final ten (10%) percent of the above not-to-exceed amount until satisfactory completion of the Project by the CONSULTANT, 3. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his designee, or which is not submitted by CONSULTANT to the OWNER in compliance with the ternis of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT at any time when the CONSULTANT is in default under this Agreement. 4. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreementwhich would require additional payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated hereinabove, without first having obtained the prior written authorization from the OWNER. CONSULTANT shall not proceed to perform any services to be later j provided for under Article 111. "Additional Services" without first obtaining prior written authorization from the OW'NFR. C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III. hereinabove, CONSULTANT shall be paid based on a to-be-agreed-upon Schedule of Charges. Payments for additional sen ices shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V.B. hereinabove. Statements for basic services and any additional services shall be submitted to OWNER no more frequently than once monthly. D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT s undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (M) per month from and after the said sixtieth (60th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend r services under this Agreement until the CONSULTANT has been paid in full for all amounts A then due and owing, and not disputed by OWNER, for services, expenses and charges. ! Provided, however, nothing herein shall require the OWNER to pay the late charge of one j percent (1°io) per month as set forth herein, if the OWNER reasonably determines that the 1 CONSULTANT's work is unsatisfactory, in accordance with Article V. B. of this Agreement,and OWNER has notified CONSULTANT of that fact in writing„ Page 3 of 10 I 1 S 1 r ~ I iJ a ARTICLEVI OBSERVATION AND REViE W 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 of its subcontractors or subconsultants, ARTICLE VII OWNERSHIPOF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsuitants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicableto this project and OWNER's use of these documents in other projects shall be at 044NER's sole risk and expense. In the event the OWNER uses the Agreement in another projector for other purposes than specified herein any of the information or materials developed pursuant to this agreement. CONSULTANT' is released from any and all liability relating to their use in that project ARTICLF VII INDEPEN DENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status, ARTICLEIX INDENINITYAGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers. agents, attomeys 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, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents. attorneys and employees in the execution, operation, or performanceof 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 party's defenses, both at law or equity, to any claim, cause of action or litigation tiled by anyone not a piny to this Agreement, i including thedefenseofgovernmentalimmunity,uhichdefensesareherebyexpresslyreserved. h~ ( rr~ ARTICLE X INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall ,i*A.r I «.F..&Ya.n~111,M SAY Page 4of10 a c , maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A. M. Best Rate Carvers of at least an "A•" or above: A. Comprehensive General Liability insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than 5100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than S 100,000 for each accident. C. Workers Compensation Insurance in accordance with statutory requirementsand Employer's Liability Insurance with limits of not less than S 100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. 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 to the extent that is legally pcssible, and shall contain a provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, furnishing at least the same policy limits and coverage, to OWNER. ARTICLEXI 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 include theother party to the disagreement without the other's approval. ARTICLEXIE TERMINATIONOF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty- (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 effected unless the other party is given (1) written notice (delivered by cenX.-' mail, A. return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. A ..M,.,,....,~. Page 5 of 10 I. c, C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of terminationbeing received by CONSULTANT, in accordance Mth Article V. of this Agreement. Should the OWNER subsequently contractwith anew consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant. If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant, 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 files. ARTICLE X1II RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed n release of the responsibility and liability of the CONSULTANT, its officers. employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement; nor shall such approtal by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its pri nci pals, officers, employees, agents, subcontractors, and subconsultants. ARTICLE XIV NOT ICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered to; or telecopied to; or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless othenOsc specified herein. To CONSULTANT: To OWNER: 1 Freese and Nichols, Inc. City of Denton, Texas Mike Nichols, P. E.. Vice-President Howard Martin, AChWtilities 4055 International Plaza, Suite 200 215 E. Sic Kinney Fort Worth, Texas 76109 Denton, Texas 76201 Fax:(817)735-7491 Fax: (940) 349-8120 All notices under this Agreement shall be effective upon their actual receipt "y the party to whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first occur. A, , ARTICLEXV ENTIRE AGREEMENT This Agreement consistir 3 of ten (10) pages and one (1) Exhibit constitutes the complete and Page 6 of 10 C a V` r V t final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement. ARTICLE XVI SEVERABILITY I Ifany provisionof this Agreement is found or deemed by a courtof competentiurisdictionto be invalid or unenforceable, it shall be considered severable from the remainderof this Agreement, and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respectingany such stricken provision. ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall compIy with all federal, state, local lacks, rules, regulations, and ordinances applicableto the work perfomted by CONSULTANT hereunder, as they m-ty now read or as they may hereafter be amended. ARTICLE XVIII DISCRIMINATIONPROMBITED In performing the senices required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancesrry, age, or physical handicap. ARTICLE XI PERSONNEL A. CONSULTANT represents that it has or will secure at its own expense all personnel required f to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER. CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict 0 interest that CONSULTANT may discover, or which may arise during the term of this Agreement. B. All services required hereunder will be performed by CONSULTANT or under its direct supervision. All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorizedand permitted understate and local laws to perform rf,_ , such services. A , ARTICL E XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer Page 7of10 t t . s any interast in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER. CONSULTANT shall promptly notify OWNER of any change of its name as well as of any significant change at its corporate structure or in its operations. ARTICLEXXI MODIFICATION No, vaitcr or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed, The panics further agree that the provisions of this Article will not be waived unless as herein set forth. ARTICLE XXII MISCELLANEOUS A. Ih: follo,dirg exhibit is attached to, incorrorated within, and is made a part of this Agreement for all purposes pertinent: Exhibit "A" -Letter dated September 28,1449 from CONSULTANT to OWNER with Scope of Work and Fee Proposal contained therein. ll. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years ever the final p,yment made by OWNER 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 workinghuursto all necessary CONSULTANT facilitiesandshall be provided adequate and appropriate %orking space in order to conduct examinations or audits in compliance with this Article. OW'NEtt 11 give CONSULTANT reasonable advance notice of all inten fed csaminationsor audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County. Texas. This Agreementshall be governed by and construed in accordance with the laws of the State of Texas. D. For purposes of this Agreement, the panics agree that Raymond Longoria, P. E., Principal of CONSULTANT ("Longoria") shall serve as the Project Manager of CONSULTANT, respecting this engagement. This Agreement has teen entered into with the tmderstanding that Longoria shall serve as the CONSULTANT's Project Manager and the key person serving the OWNER on this Project. Any proposed chenges requested by CONSULTANT, r respecting Longoria serving as the key person on the Froject, shall be subject to the approval I 4 r, of the OWNER, which approval the OWNER shall not unreasonably withhold. Nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other servicesrequired herein, under its supervision or control. E. CONSULTANT shall commence, carry on, and complete its work on the Project with all 1!1, I~r„M+f.rM,,.ln1~ ~.A11111, l1YMIA,1, 11 Yf Page b')f 10 I c. r c ' applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT s disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement. OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to it by OWNER without the need for further inqu:ry or investigation into such information. 0. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. IN 1VITNESS WHEREOF, the City of Denton,'fexas has executed this Agreement in four (4) original counterparts, by and through its duly-authorized City Manager; and CONSULTANT has executed this Agreement by and through its duly-authorized undersigned officer on this the day of 11999. "CITY" CITY OF DENTON, TEXAS By: Michael W. Jez, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY I i By: i APPROVEDAS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY r r, -A, . By' a~....»~ ...,,~T... n,,~ u... Page 9 of 10 t I I "CONSULTANT" FREESEAND NICHOLS, INC. A Texas Corporation By: Mike Nichols, P. E., Vice-president ATTEST: BY. Se tary I ~~5lrl' C, ,a.o.M. w.„wrw~wrn uMwrnr Page 100(10 i _111i Ow, nil-w 46,t- V WM FREESE•NICHOLS September 28 1.999 Mr. P.S. Arora, P.E. City of Denton Water Utilities 215 E. McKinney Denton, TX 76201 RE: Proposal for Preliminary Design Phase Lake Ray Roberts Water Treatment Plant City of Denton Off99050/DT6311160 Dear Mr. Arora: The attached spreadsheet is the basis for our estimate of hours and costs to prepare a revised Preliminary Design Report for the Lake Ray Roberts Surface Water Treatment Plant. The design team for the preliminary phase includes Freese etc! Nichols, Montgomery Watson, and Gary Juren Architects. Montgomery Watson will prepare the elements of the PDR related to the electrical and instrumentation design. Gary Juren, the original architect will be involved in an advisory role on the revisions to the Administration Building, Freese and Nichols will complete all of the other tasks, inclusive ofoverall project administration. Our previously submitted scope and the attached fee are based on the following; I. Reliance on previous design and analysis, to the extent possible. 2. Increase of the plant design flow from 10 MGD to 20 MGD. 3. Process and design changes A ill be evaluated and determined in a workshop setting with the DIVU staff in FNI's Ft. Worth office, per our letter dated August 27, 1999, 4, Additional sunny and gcotechnical work will be contracted directly by the City. It is currently anticipated that the existing information will be adequate for the revision to the PDR, 5. City e,f Denton Professional Sen ices Agreement is to be used. Thecstimatedfeeis$142,700, This is approxiniatelyone-rourih of the original preliminary design phase fee, when the two are compared on a common year basis. This represents a salvage value of our original work of about 73%, For the preliminary design phase we request the compensation basis be !ump sum, since the scope is clear and it will facilitate r project administration. { J i Freese and Nichols, Inc Engineers Enworimental Scientists Architects k 4055 International Pairs Suite 200 Fur Worth, Texas 76109.4895 817.735.7300 Fao 817.735.7491 ~'>(M18n "All .1 t' rl Mr. P.S. Arora, BE. August 6,1999 j Page 2 of 2 In that there have been several modifications in the federal regulations pertaining to water quality and site accessibility and safety, and there havebeen significant advances in the water treatment industry in the past 10 years, it is expected that substantial modifications may be required to the final design elements. These will be presented, evaluated and decided upon by the City during the planned workshops. Upon completion of the PDR, an estimate of hours and cost for the final design and construction phase will be prepared based on the elements modified or supplemented. We hope that this information assists you in your decision process and, if you need further information, please contact us. Very truly yours, Freese & Nichols, Inc. on nnclpatanOW MjtL r.' L M DA COST PROPOSAL PLY 01 %PD I ~`lr\ C - r ~ H (1 1 ~r 1 ~ i. CITY OF OENTON LAKE AAV ROME WATER TREATMENT PLANT DESIGN PAP LRAINAAV 0E64N • ENGINEERING BUDGET FOR 10 OR 20 MW PLANT WITH MODIVIC ATNHA TO THE EXISTN40 DESIGN (WORKENOP ALTERNATIVE) FREESE AND NKMtS, INC Waftw 28, 100E AIWMlW 01A 1 I I I WTA I IN10J1 CT MAINµMEMI COWtealO IASK 1 I I PANCWAI PK WA1 HAa1LNU WWWIhON EIMICt ARCH I.KCH tfC1161N"N5t EMCN't ERGO 1ECN 'REM' HEe, CST iMIDADPN01 101A1 TASK IAII_„_ _~__N~_. Mt3 W1f fps pw1 MU HHt 1 p'A8 MK7 HRE : 1/RA r 1A80n t r G..w Aov Nw1 A L 12 v t t LNNrgA"WorL11N F,w AA Will Mwoo 1 ♦ E t ! MuMNII ►rppeW MMnyt A 11 rt K 02 MN1.I."IWICC 1 1 ! 10 r.4 rg1/g1 u v 1% t 0 0 d 0 a a ► 0 a ro lad fr A1A1ARD alItNMI! sH0 Will Ilar sad 1v. $IN 201 {lap Md {b so W W 14 twilcoft v11o {u~ v1A: I.INf to b to /d se W W W so nn $15W if I14ArlDlIIt NOlS ullPAnwt W) Irv fJ 11 2M 00 PC ~ MI kao IWill 00 Mwry A 11 AA MW "a 00 dpM1 1 yMdIlA I11WMIr N1 A O II{ Mao HV1ut Wr^Y np Iq Wig Ltl 00 I MiH NIAroan' 1 N woo 1A00 DO , M61111 M6119u IJ Wlft 11ir,. Iiy1 y11. aln JMlrlkll WOIRt A1{Mnwl 1 o1N E f rwA I l 111 t I'll. NU f 1121 TWA jqMWrPjj 0 KAIM44t KNISKIM-IOW s. x CITY OF DEMON LANE RAY ROMETS WATER TREATMENT PLANT DEMON PRELIMINARY DESIGN • ENGINEERING BUDGET FOR 10 OR 10 NO0 PLANT WRN IIOW CATIONS TO THE EXISTING DESIGN (WORNSNOP ALTERNATIVE) FAME AND NIGIOL S• INO snplemlap 21, 1PH RIaaOR OIA ~ I Ni I I MEU"ARY Oil" j i 1 14IIWIP4 H1WLn.H 1-1,401Lw KKKLMIA S11a1C1 AWN MLCH ILIC ANSI IMCIVIL11 11tH •RLIRLP Cft WOIip PpO~ tOfA l ASA NRf NIA r►n _ NRS _ HAS HAS NRS NRS NR • NR NR 1 1 0. ~Nld Ryuyf ~ ri 12 I W)R 11 FfN DAwr mkvaw m 1 N M 4 4 1 KS4 11 Ob Fpm'" Wd cos pit 1 4 1 14 Y S 77 OF 17 A,pi I'm me A 14 M f1 1 111 ' 21 UL,&%I,s~ FKMi Dwr 1 A 32 Io 24 IN i 11 twill, u,wn Caw Qw L 4 1 46 Io 2 10 PNwf Awomar1 Dv%V RupA 4 ► V Io 4 k 4 1 11 156 7 I 1 IuM1 c W wwi 1 717 CNftM[w Coi wn 4 A / wrNL la A1s ► 54 s I a 11 v 1 41 s 0 SIA4A140 BNlM 112 0 a n 911 SNS 1ui I1O1 W IA Ilea flop 1x01 I4 to us 6111 141 fit LA"COST SAO 1144 in 1a 1A ]110 11 IN 11411 m 6401 13 IN so Slim Io Io 11714 "1 ID; I Y1IM41LDLll FINN S 01001"," 1411 Pr %oil swu PI: III n.n 1100 $144 aD LAtro 012 n" 110 W $ in Lid Mini I t4 1.'100 6100 Do Akl'I A Y.gdH4 fA fg00 $71300 1144,0" li .p Li Do 110 Do ' 01.110 A Ldal IkLn ay It n 69011 Small Armin Rl^6 p:Iw P11 Iola $110 Do RnNiM4 w 11dM PWN IW 44 IIW 1'000 114'1 A'n Akn4wli I u NOW 1n 0000 Nurnydryir KH4an I i4 Sm" Immoo MNHIify0uf' 1 ► I5o111► 1144 ' HtNlI pHUAC INNJI iM1H'r'4 i d utliN JriPW uW 1N(qu11 C4~MNi IUTAI L5111,1Atkb LYpL NSI$ $M Ill 10TALF011R'TP it 61311.121 T) TOTAL II I p11IYK'sY,t MfhM Ui'IN wk' , APW yN.o...~~ IlCfll~ 4 Date ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH WOLFE, CLARK, HENDERSON & TIDWELL TO PROVIDE LEGAL SERVICES WITH REGARD TO LITIGATION STYLED MUNICIPAL ADMINISTRATIVE SERVICES, INC. V. CITY OF DE'NTOM CAUSE NO. 99- 50263-367, FILED IN THE 3677" DISTRICT COURT OF DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. TIM E COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to enter into a Contract for Professional Legal Services with Wolfe, Clark, Henderson & Tidwell, substantially in the form of the attached Contract, which is made a part of this ordinance for all purposes, to provide legal services to the City. SECTION 2. That the City Manager is hereby authorized to make the expenditures as outlined in the attached Agreement. SECTION 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 WALTERS, CITY SECRETARY B Y: APPROVED AS TO LEGAL FORM: I I ERBERT L. PROUTY, CITY AT7ORNEY i /~,.nMd P IAA O.+ Dcum13 tk,, KnvP•A, 0.1 w, ldlw d+ I 1 1 t I !1 , ~h I CONTRACT FOR PROFESSIONAL LEGAL SERVICES STATE OF TEXAS § COUNTY OF DENTON § This AGREEMENT, made and entered into this the _ day of , 1999, by and between Wolfe, Clark, Henderson & Tidwell, 123 North Crockett, Suite 100, Sherman, Texas 75090, hereinafter referred to as "Consultant", and the City of Denton, a Texas municipal corporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to as "City". WiTNESSETH WHEREAS, the City finds it necessary to employ outside legal counsel to perform professional legal services regarding litigation styled Aunicipal Administrative Services, Ac, V. Cin-of Denron, Cause No. 99.50263-367, filed in the 367' District Court of Denton County; and WHEREAS, the Consultant is willing to perform such services in a professional manner as an independent contractor; and WHEREAS, the City desires to engage the Consultant to render the professional services in connection therewith, and the Consultant is willing to provide such services; NOW. THEREFORE, in consideration of the promises and mutual obligations herein, the panics hereto do hereby mutually AGREE as follows: 1. SCOPE OF SERVICES The Consultant shall perform the following services in a professional manner working as an independent contractor not under tht direct supervision and control of the City: Services to be provided: A. The Consultant shall evaluate the relevant facts and circumstrnces and shall advise the City, by written opinion, with respect to its options and the legality of such options, regarding researching and responding to requests for legal services. 8. Consultant shall also consult, as requested, with the City Manager, the City Attorney, and any other designated City staff respecting any and all aspects of the services to be performed A, under this Agreement, i (J C. The Consultant shall perform all the professional services required in a timely fashion, and shall complete same in compliance with schedules established by the City through its City c• II i Attorney, through discussions with the Consultant, as appropriate to carry out the terms and conditions of this Agreement. 2. TERM This Agreement shall be for a term of twenty (20) months, beginning effective October 20, 1999 and ending on April 20, 2001. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence of this Agreement, and the Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible during the term of this Agreement, and to meet the schedules established by the City, through its City Attorney, or as the progress of this matter may require. S. COMPENSATION AND METHOD OF PAYMENT A. The Consultant shall charge the following fees for its professional services hereunder, based on the following fees for its professional services hereunder, based on the following hourly billing rates for the attorneys and support staff involved in this matter: Attorneys $125/hour Legal Assistants $ hour Attomey time will be billed at one-tenth (.1) hour minimum billing increments. B. The Consultant will try to reduce costs whenever feasible by utilizing qualified principals, associates, paralegals, and law clerks. The Consultant shall bill the City through the j submission of itemized invoices, statements, and other documentation, together with supporting data indicating the progress of the work and the services performed on the bac;5 of monthly statements showing hourly rates indicating who performed the work, what type of work was done, and descriptions and'or details of all services rendered, along with specific description and supporting documentation, if available, respecting any reasonable and necessary out-of-pocket expenses incurred. C. Consultant estimates and the City agree that all charges for the legal services hereunder, including reasonable out-of-pocket expenses, shall not exceed fifty thousand dollars (550,000), and Consultant agrees to notify the City and seek a modification of the agreement should the total fees exceed such amount, D, The City shall either pay directly or reimburse the Consultant, as the case may be, for reasonable and necessary actual out-of-pocket expenses, including but not limited to, long- distance telephone, teiecopier, reproduction, ovemight co_rier, on-line research, and travel All copies will be charged at the rate of ten cents (SAID) per copy for copies and faxes within A Consultant's oilices, with as much photocopying as possible being done by outside vendors l ' at bulk rates or by the city to reduce costs if bulk copying Is necessary. Contract ror Prorissional Legal Sen Ices - Page 2 i S i I I i' E. The parties anticipate invoices or statements for services will be generated on a monthly basis and that said invoices or statements will be sent on or about the 201, day of each month The City shall make payment to the Consultant within 30 days of the satisfactory completion of services and receipt of an itemized invoice or statement. All reimbursable expenses, including, but not necessarily limited to travel, lodging, and meals shall be paid at the actual cost, pursuant to the terms, condiVons, and limitations hereinabove set forth. All invoices and bills shall be approved for payment by the City Attorney. F. It is understood that the Consultant shall work with the coordination and general supervision of the City Attorney or the Litigation Attorney. G. All notices, billing statements and invoices shall be made in writing and may be givrt by personal delivery or by mail. Notices and invoices sent by mail shall be addressed to: Herbert L. Prouty, City Attorney, 215 E. McKinney, Denton, Texas 76201. When so addressed, the notice, invoice, and/or payment shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, invoices, and/or payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the responsible person or office to whom notices, invoices, and/or payments are to be sent, provided reasonable written notice is given. 4. PROFESSIONAL COMPETENCY A. The Consultant agrees that in the performance of these professional service., :onsultant shall be responsible for the level of competency and shall use the same degree of skill and care presently maintained by other practicing professionals performing the some or similar types of work. Fo -he purpose of this Agreement, the key persons who will be performing most of the work hereunder shall be Ronald H. Clark. However, nothing herein shall limit Consultant from using other qualified and competent members of its firm to perform the services required herein, B. All Icgal opinions and other legal documents prepared or obtained under the terms of this Agreement are instruments of service and the City shall retain ownership and a property interest therein. If this Agreement is terminated at anytime for any reason prior to payment to the Consultant for work under this Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon termination be delivered to and become the property of the City upon request and without restriction on their use or further compensation to the Consultant, 5. ESTABLISHMENT AND MAINTENANCE OF RECORDS Full and accurate records shall be maintained by the Consultant at its place of business A, r with respect to all matters covered by this Agreement. Such records shall be maintained fora ! f period of at least three years after receipt of final payme-t under this Agreement. i Contract For Professional Legct Services - Papa 3 6. AUDITS AND INSPECTION At any time during normal business hours and upon reasonable notice to the Consultant, there shall be made available to the City all of the Consultant's records with respect to all matters covered by this Agre nt. The Consultant shall permit the City to audit, examine, and make excerpts or transcrin in such records, red to make audits of contracts, invoices, materials, and other data relating to all matters covert! by this Agreement. 7. ACCOMPLISHMENT OF PR;::CT The Consultant shall commence, carry on, and complete any and all projects with all practicable dispatch, in a sound, economical and efficient manner, and, in accordance with the provisions hereof and all applicable laws. In accomplishing the projects, the 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 City. 8. INDEMNITY AND INDEPENDENT CONTRACTOR RELATIONSHIP A. The Consultant shall perform all services as an independent contractor not under the direct supen-ision and control of the City. Nothing herein shall be construed as creating a relationship of employer and employee between the parties. The City and Consultant agree to cooperate in the defense of any claims, action, suit, or proceeding of any kind brought by a third party which may result from or directly or indirectly arise from any negligence an&or errors or omissions on the part of the Consultant or from any breach of the Consultant's obligations under this Agreement, Nothing herein constitutes a waiver of any rights or remedies the City may have to pursue under either law or equity, including, withoid limitation, a cause of action for specific performance or for damages, a loss to the City, resultiug from Consultant's negligent errors or omissions, or breach of contract, and all such rights and remedies are expressly reserved. B. Consultant shall maintain and shall be caused to be in force at all times during the term of this Agreement, a legally binding policy of professional liability insurance, listed by Bert Rated Carriers, with a rating of "A•" or above, issued by an insurance carrier approved to do business in Texas by the Texas Department of Insurance. Such coverage shall cover any claim hereunder occasioned by the Consultant's negligent professional act and/or error or omission, in an amount not less than One Million Dollars (51,000,000.00) combined single limit coverage occurrercc. In the event of change or cancellation of the policy by the insurer, the Consultant hereby covenants to forewith advise the City thereof, and in such event, the Consultant shall, prior to the effective date of change or cancellation, serve substitute policies furnishing the same coverage. The Consultant shall provide a copy of such policy or the declarations page of the policy, whichever is reasonably satisfactory, to the City through its City Attorney simultaneously with the execution of this Agreement A r i Conlrad For Ptoressional Legal Services - Page 4 t t/ I A 9. TERMINATION OF AGREEMENT A. In connection with the work outlined in this Agreement, it is Weed and fully understood by the Consultant that the City may cancel or indefinitely suspend further work hereunder or terminate this Agreement at any time upon written nk lice to Consultant, Consultant shall cease all work and labor being performed tinder this Agreement. Consultant may terminate ,his Agreement by giving the City 30 days written notice that Consultant Is no longer in a position to continue representing tine City. Consultant shall invoice the City for all work satisfactorily completed and shall be compensated in accordance with ilia terms of this Agreement, Ail reports and other documents, or data, or work related to the project shall become the property of the City upon termination of this Agreement. B. This Agreement may be terminated in whole or in part, in writing, try either party in th.; event of substantial fiihim by the other party to fulfill its obligations render this Agreement through no fault of the terminating party. Provided, however, that no such termination may be effected, unless the other party is given [1 J written notice (Delivered by cenifed mail, return receipt requested) of intent to terminate, and not less than 30 calendar days to cure the failure; and [2) an opportunity for consultation v,ith the terminating party prior to termination, C. Nothing contained herein or elsewhere in this Agreement shall require the City to pay for any work which is unsatisfactory or which is not rdbmitted in compliance with the terms of this Agreement. 10. ALTERNATF DISPUTE RESOLUTION The Consultant agrees that, if ne:essary, it will use its best efforts to resolve any disputes regarding the Agreement through tha use of mediation or other forms of alternate dispute resolution set forth in Chapter 154 of the Texas Civil Practice and Remedies Code (V.A.T,C.S), It. ENTIRE AGREEMENT This Agreement represents the entire agreement and understanding between the parties, and any negotiations, proposa'is, or oral agreements are intend^i to be integrated herein and to be superseded by this written Agreement. Any supplement or amendment to this Agreement to be effective shall be in writing and signed by the City and the Consultant, 12. COMPLIANCE WITH LAWS The Consultant shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now lead or hereafter be i ' ,t amended, including but not limited to the Texas Disciplinary Rules of Professional Conduct. / Contract For Professloral Legal Service- Page 3 t i i 13. GOVERNING LAW For the purpose of determining place of agreement and law governing same, this Agreement is entered into in the City and County of Denton, State of Texas, and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Agreement shall be exclusively in a court of competent jurisdiction sitting in Denton County. 14. DISCRIMINATION PROHIBITED In performing the services required lereunder, the Consultant shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. IS. PERSONNEL A. The Consultant represet,ts 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 have any contractual relations with the City, Consultant shall inform the City of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement, in accordance with Consultant's responsibilities under the Texas Viseiolinary Rules of Professional Conduct. B, Ai! servrc<_ required hereunder will be performed by the Consultant or under its direct supervision. All personnel engaged in work shall be qualified and shall be authorized or permitted under state and local laws to perform such services, 16. ASSIGNABIUTY The Consultant shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (wliether by assignment, novation, or otherwise) without the prior written consent of the City thereto. 17, SEVERABILITY All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in sections headed "Scope of Services", "Independent Contractor Relationship," and "Compensation and Method of Payment" hereof, shall be held to be invalid by any court of competent jurisdiction, this Agreement shall be interpreted as though such invalid agreements or covenants were not contained herein, 18. RESPONSIBILITIES FOR CLAIMS AND LIABILITY I Appru, il by the City shall not constitute nor oe deemed a release of the responsibility and liability ri the Consultant for the accuracy and competency of its work; nor shall such approval be deemed to be an assumption of such responsibility of the City for any defect in any Contract For Professional Legal Sen ices - Page 6 ff I SEEN 0 report or other documents prepared by the Consultant, its employees, officers, agents and consultants. I 19. MODIFICATION OF AGREEMENT 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 w - waiver or modification shall be offered or received In evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and, the parties further agree that the provisions of this section will not be waived as herein set forth. 20. CAPTIONS 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. 21. BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement. IN WITNESS HEREOF. the City of Denton, Texas, has caused this Agreement to be executed in duplicate originals by its duly authorized City Manager, and Consultant has executed this Agreement through its duly authorized undersigned partner, dated this the day of 91999. CITY OF DENTON BY. MICHAEL W. JEZ, CITY MANAGER AITEST: 1 JENNIFER WALTERS, CITY SECRETARY 4 U B"t . 1 Contract Fos Professional Legal Sen Ices - Page 7 Ih c; t APPROVED AS TO LEGAL FORM; HERBERT L. PR TORNEy WOLFE, CLARK, HENDERSON & TIDWELL By; RONALD H. CLARK-- 1 ✓rMbpJ.atQr d.tunwnn:tmpia Matlrp,l AJninip,iin aw.dM1 i4r1 Aed,r.a I Contract For Profssional Legal Services - Page g • r U Apa A No,_.~~~- AGENDA INFORMATION SHEET Date____11 AGENDA DATE; November 2, 1999 DEPARTMENT: Economic Development ACM: David Hill, Development Services SUBJECT A resolution of the City Council of the City of Denton, Texas approving the sublease of fixed based operator functions of Ezell Aviation, Inc. at the Denton Municipal Airport to Medallion Flight Group, Inc.; and providing an effective date. BACKGROUNIi In Slay 1997, the Fox-51 fixed base operator (FBO) and commercl+d hangars owned by Mr. Strickler were assigned to Ezell Aviation, Inc, Ezell Aviation, Inc, has directly managed all functions conducted at the FBO located at the Denton Municipal Airport (DTO). Nelson Ezell, O.vner, Ezell Aviation, Inc., would like to focus prim,^rily on the management of the commercial hangars located at DTO and the eventual relocation of his aircraft restoration business to DTO. With this understanding, Ezell Aviation, Inc. is requesting authorization to sublease the FBO functions of the lease to a third rarty. Medallion Flight Group, Inc, is finalizing negotiations with Ezell Aviation, Inc, on a five-year sublease to provide FBO services to the flying public. Medallion Flight Group, Inc. will honor all FBO and lease obligations as outlined in the 1997 airport lease agreement between Ezell Aviation, Inc. and the City of Denton. [ION 1. Require Ezell Aviation, Inc. to continue the direct management of all FBO functions. lI Authorize Ezell Aviation, Inc. to subleas; FBO functions to Medallion Flight Group, Inc. RI.'COMNIENDAT ION Staff and the Airport Advisory Board recommend Option 11. ~r ' V t r A U ESTIMATED SCHEDULE OF PROJECT If authorized Medallion Flight Group, Inc, will enter into a five-year lease agreement with Ezell Aviation, Inc. and begin providing FBO services effective November 15, 1999. PRIOR ACTIONIREVIEW The Airport Advisory Board recommends authorization of sublease agreement, FISCAL INFORMATION Medallion Flight Group, Inc. is proposing to initiate an intensive marketing plan to encourage increased fuel sales. This increase in fuel sales will increase Airport revenue via fuel flowage fees. EXHIBITS Resolution Sublease Agreement Respectfully submitted: Linda Ratliff, ir.rlor 171 Economic Development partment Prepared by; Nd4ark son~ Airport Managcr a i c~ III +s RESOLUTION NO. _ r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING 711E SUBLEASE OF FIXED BASED OPERATOR FUNCTIONS OF EZELL AVIATION, INC. AT THE DENTON MUNICIPAL AIRPORT' TO MEDALLION FLIGHT GROUP, INC,-, AND PROVIDINO AN EFFECTIVE DATE. WHEREAS, on May 6, 1997, the city of Denton, Texas, leased carport property to Ezell I Aviation, htc.(Ezell); of;d I WHEREAS, Ezell wishes to sublease the portion of its lease relating to Fixed Based Optnator (FBO) furnctions to Medallion Flight Group, Inc (Medallion); and WHEREAS, Ezell is required under Scclion VI. entitled "Assignmtnt of Lease" of its lease with City to obtain written consent of the City for any sublease; NOW, THEREFORE; 7'IIE CITY COUNCIL OF TI IE CITY OF DENTON HEREBY RESOLVES: SCC,hION I, l hot the City of Denton gives its written consent to Ezell Aviation, Gta to sublease it Fixed Based Operator Functions under its May 6, 1997 lease to Medallion Flight Uroup, Inc subject to this consent not relieving Ezell or Medallion, or their successors or assigns Bom compliance wilt the terms and conditions of this lease. $.f QFIQN 2. Thai consent to this sublease Is subject to and shall be considered valid only for to long as sublessee does not store wrecked or pennanenly disabled alrcrafi, sitcrsn P rills, autonrohiles or vehicles of any type, or any other equipment or items which would detract from the appearance of the leased premises, outside of its hangar or fenced and screened areas. ==-I. That this resolulion shall bocome effective immediately upon Its passage , and approval. PASSED AND APPROVED tlils the v_ day of . 1999. JACK MILLER, MAYOR ATTEST: JEN'MPER WALTERS, C11Y SECRETARY r, At l~ n Uy, 3 1 LL . r' I APPROVED AS TO LEOAL FORM; HERBERT L. PROUTY, CITY ATTORNEY Sy, ~ C i H ~ 1 t~ I~ STATF OF TEXAS COUNTY OF DEKON § 91JUL1r ASK AGREEMENT FOR FIXED BAST OPERATOR 711IS SUB[,BASEACIRERMBNT (the "Agrooment" or tho' ease) made and entered into by and between Ezell Aviation, Incorporated, P.O. Box 179), BreckowIdge, Texas 76424 (herolm after referred to m "Lxndlord') and Medallion Flight Group, Inc., (hereinafter referred to as "'fcnmtit"). VV ITNES SETIli Landlord hereby leases to Tenant, and Tenant hereby lakes from Landlord, the folluwing described premises (horeinaller referrod to as the "demigod promisee" or the "leased premises') situated within the Courtly of Denton, Slate of Texas: is) TO IIAVB AND TO HOLD the same for an luiliad term ofone (5) years (the "InidaS Term'), being twelve (12) months, beginning on the Ialer to occitt of(t) November 1, 1999 or (ti) d0o the City of Denton ("De,ilon') approves this Lease (the "Commencement Dale') upon the torts, condillons, and covenants contolned heroin, provided that Tenant is not In default, Tenainl shall have an Upttoii to Ieese tho leased promises for an additlonal five (5) year term (the "Option Term'), If Tenant gives f.andlord writlen notice of its exercise of this option at lenit ninely (90) days prior to the r.xpiroiion of the Initial Terra. fleginning on the Com mencement Sate, Tenant shall pay Landlord the sum of Flve Thousand Five l hmdied and 001100 Dollars ($5,500.00) per month for the leased premises. Rentals to be paid during the Option Term shall be nogotialed between Landlord and Tenant; pualAd-ho yiz, that the amount of rentals payable herounder during the Option Term shall not Inctoaee by more than five petcenl (5%) per year. Nolwilhsiruiding anything herein to the contrary. In the event Denton does not approve this Agreement, this Lease shall become null and veld and of no further force and effect, I. P.SWIT1'B11U,SFI-Of PRUNSW The d nisod premisea shall be aged and occupied only for the purpose oft fixed base operator pi emtaee and not otherwise, ~ i .7 s. z, C:CaVENAWS OF TO ANTAOJ,AN=RD (A) CovenantsofTennnt. (t) Tenruit may not use and may not permit the use of the leased pre,nisea In any murnner that results In waste of the leased premises or that canstinilca a nuisance. (I I) Tonant shall comply with all federal And stale laws and regulations governing ilia storage, handling, or dlsponal of chemicals and chemical resldue, ! (!t)) Tenant may not tine all or any pert of the leased ptomisas fir any use ^r purpose that violates any applicable law, regulation, or ordinance of the United States, Ile 9tnte of Texas, the City of Denton, or other InwfUI nuthorily with jurisdiction over the leased premises, (tv) Tenant slfall, at Tenant's sole expense, promptly complywilh all such VA laws, regulations, or ordinances which are now In effect or which may become efreclive diving the lease tern. (v) Tenant agrees to comply with Ilia terns and conditions In, and shell have all rights and privileges or the LeAsee under, Article 1(B), Article III (A)(2) and (3), Arlic(e X and Article Xlf of that certaln Airport Lease Agreement by and between the City of Denton, Texas and tizell Aviation dated May 6, 1997 (the "Master Lease), which Masler Lease is incorporated herein by reference. (11) Covonants orLnndlord, 0) Lrutdlord re(xescnlg that as of the Commencement bate (a) the leased premises shall comply with All federal and state envirortmenlal laws and regulations, (ncluding, but not Ilmlled to, the Comprehensive Frivironmenlai Response, Compongnllou and Liability Act ("CERCLA' 42 U.S,C, ¢Q 9601, el seq.; the Federal Clean Air Act and all amend,tieuls thereto and the Texas Clean Air Act, Chapter 382 of the Texas Health & Safely Code; and (b) Ilia leased premises shall not be used for any purpose that violates any spp(leable law, regnlnlton, or ordinance of the United Ststea, the State oft"aa, the City of Denton, any olhet lawfUl authority wills jurlsdictlbn over the leased premises, and the Master Lease, A, 6 1 c, l' 1 3. TAXES t Iandlord shall }gay Jill personal property (Axel assessed against fixtures, equipment, and fitrnishings owned by 1andlord, Tenant shall pay all personal property taxes assessed against tlxhu'as, equipment, and furnishings owned by Tenant. 4. k1AlW'F.HA=AU ANDLQRU. (A) landlord shall, lit its sole cost and expense, (1) be responsible for all coplisl replocemtents and repnlrs of the toot, roundallon. Abel farm, and healing and sir eondilionlng systems; (II) be tesponslbta for ail other repairs except routine malntenance; and (lit) shall mdnioln the roof, +j foundation, underground and otherwise concealed plumbing, and the exterior walls of the leased premiges; pmvlde.Lhnwmr, that any replacement or repair necessitated by any damage or injury to the leased premises, or rosy part thereof, caused by Tenant, or Tenant's agents, employees, Invitees, or licensoes, shall be performed by Tenant, at Tenant's sole cost and expense. (is) In 1110 event TAIldiord 011411 fail to maintain 6a. demised ptomises In accordance with this Far ,graph 4, Tenant shall have the right (but not the obligation) io cause all repairs or other rnah;ter:utce to be ntnde and deduct the reasonable coals therefor from the rentals due hereunder. (r) Landlord represents that at the commencement or the iesse tenn, the plumbing, eicclricai system and exterior doors, and any flre protection sprinklor system, heating system, and air conditioning equipment shall be in good operating condition and shall comply with n1t applicable city code provisions. s. MAIM BNAWS.9YJ:EFIM 1 (A) Tennnl ahall, liaofighout the lease term, Sake good care of ilia lewd premises, shall keep tiie,n ace front wasto or ntllsanca slid, shall perform routine malntenanco and topaits. At the expiration or termination orthis tense, Tenant slmll deliver up the demised protntses clean and rice of trash and in good repair and condition. (i) In the event Tenant shall fail to maintain Cie demised prendoes lit accordance with this paragraph 3, f.andlord shall have the right (but not the obligation) to cause all repairs or other mainicoAnce to be made, and the rea9mloble costs therefor expended by Landlord shall he reimbursed by Tenant on demand. 6. SIGNS i Tenant shall riot place or afrrx any signs or other objects upon or to the roof or ,t extrrior walls of ilia demised ptemlece or paint or otherwise deface the exterior walls of the demleed (1 7 c premlees In violallon of the Master Lease. 7, LAi' DID 1Y l. (t QHT QF ENTRY Landlord and Its authorized agents shall have the riglA, during normal business hours, to enter 'he demised prrralses (a) to inspect ilia general condition and slate of repair thereof, (b) to make repairs required or permitted under Ihia lease, (c) to ebow ilia premisea to any prospxtive lennnt or purchaser, or (d) for any other reasonable purposo. 8. 1]7'1 t~17'Y ~J~RVICES Truout shall pay the cost oral) utility services, garbage removal, all charges rot gas, water, and electricity used on the deiniacd premises, and for Fill electric lights, lamps, and tubes applicable to Teonot's slgnage, 9. ASSTUNM1 IANDSLUIL .ASM Tenant shall nol, without the prior written consent of Landlord, assign 0118 loose or sublet Ibedemised premisea of say portion Ibereor. Anymsignment or subirtthtg shall be expressly snblect to all terms and provisions of this lease, Tenant shall not assign its rights hereunder or sublet the promises without fret oblaining a wtilten ogicement from asalgneo or sublessee whereby assignee or sublessee ogiees to be bound by tiro lomts of this lease, 10. FIRE NO CASUALLUlAMAM (A) tribe dendsed promisee should be damaged or destroyed by fire, tornado, or other casan►ty, Tenant shall give Immediate written notice thereof to Landlord. (ll) If ilia der.rtsed picmises should be substantially or totally destroyed by Ore, lorundo, or other casually, or so damaged dial rebuilding or repairs cannot reasonably be completed within 120 days front the dale of W611011 notifrcaldon by Tenant to Landlord of the happening of the damage, this lease shall teammate and real shell be abated for the unexpired portion ottbis lease, etfeclive (torn the dote of actual receipt by Landlord of such written notification. (C) mile demiaalpremises shouldbodamagedbyrim tomado,orothexessualty, but not to such an extent Thal robuilding or ropalrs eaitnot reasonably be completed within 124 days from the dale of wrillcn notifcatlon by Tenant to Landlord of the happening of the damage, this lease slrnll not terminate, hilt Landlord shall, at its sole cost mid risk, proceed fortliwilb sod use reasonable diligence to retwild or repair such building end other Improvements on the demi. I prcrrdsrs (other than leasehold improvements made by 7 enant or any assignee, subtenant, or other occupntd of the dornlsed piemfsra) to auibaiantially the condition in which they existed prior to such damage provided, however, landlord obali not be obligated to spend any ourn In excess of Insurance t A proceeds actrally received ntirkilable to the casualty, if the DaIlding or other Improvements are r r 8 t I, I I to be rebuilt of repalred and are untenantable in whole or in pelt fallowing such garuage, the rent i payable hereunder doting the period in which they are untenanleble shall be adjusted ocluilzbly. t 1. Il`IA~iMN1TY A_N1~ PUIjI,I~!-lAii1G1TYSi1S11BA~ (A) At all Vmea during the lease term, Tenant shall provide and keep in force liability insurance covering Landlord and Tenant for liability for properly damage and personal Injury, This Insurance is to be carried by one or more Insurance companies duly authorized to transact business in Texas, selected by Tenant and approved by landlord, and shall be paid for solely by Tenant. The insurance provided under this section must be In the amount of not ieas than one Million and 00/100 Dollars (51,000,000) per occurrence and One Million and 00!100 Dollars ($1,000,000) for personal injury. This Insurance shall protectUndlord and Tenant against liability to any employees or savants of'renant raid to any other p:tson at persons whose property damage or personal injury arises out of or In connection with the ooeapetlon, use, or condition of the loasod premises. (I3) Tenant must furnish Landlord a certificate or Ali Insurance required by this Paragraph 11. if Tenant does not keep this insurance ht full force and effect, Landlord may notify Tenant of this fei lure, and if Tenant does not deliver to Landlord certificates showing such Insurance to be In Full force and effect within ten (10) days after this notice, Landlord may, at Its option, take out or pay ilia premium on the insurance uceded to fulfill Tenant's obligations under this Paragraph 11. Upon Landlord's demand, Tenant must teimburso Landlord the full amount of any Insurance premiums paid by Landlord under this paragraph, (C) Save and except for any loss, damage, cost, or Injury caused by or arising cul of Landlord's negligence or willful utisconduct, Landlord is not liable for any loss, damage, roost, t or injury of any kind whalsoever to Any person or property (1) caused by, arising from, or related to any use of ilia lewd premises (or any part thereof}; or (1I) caused by, relating to, or soloing from any release orhazardons substances or air contaminants In, on, or around ilia leased premises; or (Iii) caused by, relating to, or arising from uiy net or omisslon of Tenant, or any act or omisbiun of any of Tenant's agents, employees, licensees, or Invitees; or (v) brought about by Tenant's failure to tnatnldn the leased premises in safe condilion, 12. ftiONDI'.MNtiEON (A) If,dtniogthetennof this leaseoranyoxtengionat renewal thereof,morethan five percent (5%) of ilia leased premises should be taken for any public or quasi-publle use under nay govemmentad low, ordinance, or regulation or by right of eminent domain or should be sold to die condemning m6orlty under Ilxenl of condemnation, Tenant of Landlord may Iarmlnale He lease ax or ilia dale of such Inking and Ilia tent shall be abated during the expired portlah of tlds lease, effective from lire dnln of taking of the demised premises by the condemning suthon`ly. f f'-~ 9 1 1 k l (Em) If legs (Ilan five percent (S%) of the leased premises is taken for public or quaa)•public use undcr any governmental law, ordinance, or regulation or by right of eminent domain or is sold to the condenning authority undcr thtent of condemnation, and, as a result, the use of the domised premises for the business purposes Is reasonably and materially diininlahed by such (eking, then Landlord, at its option, may by written notlce terminate this lease or shall forthwith, Al its sole expense, restore And reconstruct the leased premises (other than leaseliold improvements mode by Tenant or other assignee, nrbtenent, or other occupant of the demised premises) situated on the deinised premises in order to make tire same reasonably tenantable and suitable for the uses for which Ore demised premises are leased as defined in Paragraph 2, provided Landlord shall not be required to pay more than the stun actually recovered for such cmrdemnalion. The rant payable hereunder during the unexpired portion of this lease aliall be adjusted equitably, (C) Landlord shall be the only party entitled to receive and retain lump sum awards in any condemnation proceedings relating to any interest of the detnlsed premises, The termination of this lease shall not affect the rights ofthe Landlord to receive such awards. (D) Notwithstanding anything herein to the contrary, however, Tenant shall hove the right to claim and recover from the condemning authority, but not from Landlord, such compenantion as rosy be separately awarded or recoverable by Tenant In Tenant's own right on occmurt of any and all oosts or loss to which Tcurult might be put In removing Tenant's mettbandise, fWiture, llxtures, and equipment b a new IOCetlon. 13. ROI.11M QYM Should Tenant or auy of its successors in Interest fail to surrender the demised premises or any part thereof oil the expiration orthe term cf this lease, such holding over shall constitute a tenancy from month ID month al the monthly rental provided heteinsbove, unless otherwise agreed in writing. l4, L!)FAL!jPYJ2NAb11 In the event that Tenant's ci criitors sliall force Tenant into involuntary bankruptcy, or that Tenant shall file it voluntary petition in bankruptcy, or other proceedings In bankruptcy shall be instituted, or any cotut shall take jurisdicllon of Tenant and its assets pursuant to proceedings nought under the provislong of any Fedcral Reorganlzation Act, or Tenant shall be divested of its estate herein by other operation of law, or Tenant shall fail to perform, keep and observe any of the terns, covcoonts, or conditions heroin contained, or on Its part to be perforated, the Landlord rmay give 'T'enant written notice to correct sucl, condition or cure such default and, if any condition of default shall continue for thirty (30) days after the teceipt of such notice by Tenant, then Ihir lease shall swomadcally be terminated. and Tenant's obligation to pay the rentals and perform the other ohligntions hei cnnder shall immediately tense. ~ r A i r 10 a { t IS. LANDL,QRIZAMPAll T A BNANT'9 t2I3MHWM { Upon the ocerurence of any deraull by Landlord In performing Landlord's obligations hereunder, and the failure of Landlord to cure such default wilhhtg Uttrly (30) days of receiving written notice of such deraull flam Tenant, Tonaml may, at its option, torminate this Lease, and upon such termination, Tenanl shall have no further obligations hereunder, Such termination shalt not preclude Tenant's pursuit of srry other remady provided by low or any damages accruing to Tenant by reason of the violation orhny of the terms, conditona, and covenants herein contained. 16. ATTQLi.NEYC'rrrt If, on account of any breach or default by Landlord or Tenant of their respective obligatlons under tills lease, it shall became necessary for the older to employ an rmarney to enforce or derend any of Its riglhls or remedies hereunder, and should such party prevail, It shall be entitled to any reasonable attorneys' fees incurred in such connectinm. 17. QUIET SNIQYM= Landlord wooonls that It has N11 rights and power to execute and perform this lease and to grant the estate demisod herein and that Tenanl, oil payment of the rent and performing the covenants herein contained, shall peaceably and quietly have, hold, and enjoy Ure domised preallses during the Nil term orthis lease and eny extension or renewal hereof. 18. IYALUELOLR.hFAU No waiver by the parties hereto orany default or blench of any term, condition, or , covenant of tins lease shall be deayed to be a waiver of anysnbsequent default or breach of ilia Ionia or any otter term, condition, orcovcmuit contained herein. 19, F9RC~MA~l3L~ In 010 event performance by Landlord or Tenant of any term, condition, or covenant in Ibis lease Is delayed or prevented by oriy Act of Ood, strike, lockout, shortage of material or labor, restriction by any governmenial authority, civil riot, flood, and any other cause trot within the control of landlord or Tenant, the period for performance of such term, condition, or covenant shalt be extended for a period equal to the period Lnndiord or Tenant is so delayed or hindered. 20. t, lIIID T'.5 All exhibits, allochntents, onnoxeJ instruments, and addenda referred to herein shall r be considered a port hereof for all purposes with the same fbrce and elTect as Ifeopled at Nil length ~ A , herein, G ! 1' 11 t c21, L12110 L.ANLUA B a Words of any gender used in this lease shall be held and construed to include any other gender, and words in the singular shall be held to include the plural, unless the context otherwise requires. 22. tiAVX= The captions or hoadings of parngrnphs In this lease are Inserted for convenience only aid aliall not be considered In construing the provisions hereof if any question of intent should arise. I 23. S_IMFSSM The terms, conditions, and covenants contained In this lease shall apply to, Inure to the benefit or, and be binding upon the putles hereto and their respective successors in interest and legal representatives exceptns otherwise hercin expressly provided. 24. SSAAY$13&WWT.X If any provision in this lease should be held to be invalid or unenfotcaeble, the t volldity and enroreenbllity of the remaining provisions of this lease shall not be effected thereby. 25. NQLQ.US Any notice or document required or permitted to be delivered to be delivered hereunder may be delivered in person or shall be doomed to be delivered, whether actually received or not, when deposited in the Untied States rail, postage prepaid, registered or certified trail, return receipt requested, addressed to Ilte parties at the addresses indicated below, or at such other addresses as the parties may have otherwise specified by writleo notice delivered In accordance herewith. LANDLORD: TENANT: puts Aviation, Inc. Medallion Flight Oroup, Inc, P.0, Sax 1793 5050 Watblyd, Ste, A 13retkenridge, TX 76424 Denton, TX 76207 26. NQUROKfi13S Tenant represents and wnrrnnss Ihnt It has not employed any broker or agent as Its reprosoutative In the negotiation for, or the obtaining or, this lenso and agrees to Indemnify and hold land lord hatmloss rront any and all cost or liability for componsation cia;n+ed by fury broker or a f,xtl r with wborn'fenant has dealt, A 1 ' r t 27. RI4(1LQF F[RSTYZEUSAL In the avant that during the term or this Lease, a thlyd party makes a bona Me offer to Landlord to purchase the leased promises endlor the other hangars currently owned by Landlord at the Denton Ai ecrt (collectively, the "Property"), Landlord shall promptly give Tenant written notice of the atnoun', of e; ab offs. ; enant aiiall thereafter have nlnoty (90) days In which to offer Landlord an Hmotmt equal tm Ihn: offered by lie third party to purchase The Property and to obtain financing for such purchase, fn the event that during itch ninety (90) day period, Tenant fails to (i) offer an amount equal to that offered by the third party or (it) fails to secure financing adequate to purchase the Property, Landlord shall be flroe to sell the Leased Premises to the third party, and Tenant Iliall have no further rights under this Paragraph 27. 28. TMAS-LAiIL1411tFFLY This lease is to be construed wider Texas law. ,The exclusive venuo for any suit or cause of action brought by a party to enforce its rights under this lease shalt be Denton Comity, Texas. tint 29. AMRNIMal T No nmendinenl, nioditicalion, or alteration ofthis lease is binding unless in writing, dnlod subsequent to the date of thls lease, and duly executed by the parties, 30. MVIVAL_WAIVEFLOVSWIROCIATiON NotwlthstAnding anything set forth in tits Lease to the contrary, Landlord and Tonitnt cAch exprosely, knowhigly, rind volnntarily waive and release any aid all right of recovery, claim, action, or cause of action, against ilia other and its respective agents, officers and employees, for any dmnnge to its prropcitieo and lose of tinsincss (specifically including loss of rent by Landlord And blishteas illheitilpilon by'fellAnT) aA A reboil of the Acts or omissions of the ether party, of the other parly'g agents, officers And employees (specifically including the negllgence of either patsy or its 1 agents, officers and employees and ilia inlettioual miscouduct of the agents, officers and employees of either party), wldch eiaims are covered by the Insurance required to be maintained by the parties pmmtauant to Ilia terms of thlA Lease or other Insurance as either party may carry At the tune of an occutmenee. lit addithoti, all insmonee policies caned by either party covering time leased premises or ilia property in the leased premises (Including, but not limited to., contents, lire, grid casualty insurance) shall expressly waive Any iiglil ou ilia pall or the insured against the other party for eatnngo 10 its propel lies and loss of business as a resuI I of ilia sets or onttssiono of the other party or the other party's agents, offices and employees; or ill ilia oltemativa, Landlord and Tenant shall each, on or before Ilia Commencement Dale obtain and keep In still force and effect at all litnes A j Ihcrearer a waiver of subrogation from its hower concendng the property, rant lose, and business i', "/1J itdernlption Insurance maintained by it for the leased premises and the property IocAlod In the leased ~i 13 0 1 I " ~ U i 4 premisee; provided, l+owever, that the foregoing shell not apply to claims ror persona injury or wtonglhldeath. IN W"SSS IlSjtD0F.I.andlotd and Tenant h`v0txccuted this leve In multiplo original counterparts this day of LANDLORD; UNANT: Pzoil Avlntion Incorporated Medallion Flight droop, ]no. j By: liy. - 7ltlet 'Title, 14 I 1 f 1 t, I ' i Apende No Apeada Ito _ AGENDA INFORMATION SHEET Dare AGENDA DA1 E: November 2,1999 DEPARTMENT: General Government i C',NIMOVACM: Rick Svehla, Deputy City M1lanager (3 I:CT: Consider adoption of an ordinance calling a bond election for January 15, 2000, dcsi,e polling palces appointing elections offilals: setting forth the proposition to be submitted in the form to be submitted on the official ballot; determining the bonds will be within all legal debt limitations; providing for bilingual notice of the election; ordering that an electronic voting system be used: making additional provisions for the conduct thereof; and providing for an effective date. BACKGROUND: During the last two meetings Council approved a project list of $34.87 million as recommended by the 2000 C IP Blue Ribbon Committee and the Planning do Zoning Commission. Council also committed to issuing a five- (5) cent tax increase to accomplish this program in five (5) years based on six. (6) percent growth. At your last meeting you also gave staff direction to call the election with one proposal for the entire 534.87 million worth of proj:cls. Finally, start' also promised to bring you a document that would schedule all of the projeas to be built as quickly and as efficiently as possible. After discussions with the bond counsel, staff was advised that the idea of having one proposition o.t the election is not possible. Rulings within the last year and one-half by the Altoroey General's office require much more specificity in the election. in short, bond counsel has indicated that there would have to be at least four propositions; one for transportation, one for the library, one for the parks improvements and one for the public safety improvements. Since the public safety improvements are a small part of the bond issue and also since they are a neecssity to help us meet the jail requirements in spirit and to reduce over crowding, staff would advise that the jail and firearm range be taken out of the bond Issue. We are suggesting that CO's be used as the financing vehicle rather than bonds. Ibis would allow us to make sure that the facilities are built in a timely manner and yet still be allowed to be financed by tax revenue that could he generated from the tax increase. Therefore, the staff would propose that you have three propositions on the ballot and we have included an ordinance that does that. We have advised the chair and the co-cbnir of the Blue Ribbon Committee of this latest development, Ihe) have indicated that they think that this new ordinance would be the best way to facilitate Ihcir promution of the election. Staff has also worked on a scheduling of projects. We have been successful in moving actual construction on the north branch library up as well as trying to move transportation and parks A, , projects l rward as much as possible. We have tried to anticipate all of the needs of our leveraging partners (1;1DOI,, County and DISD) and yet we believe there is enough flexibility in the whole program to allow the [clue Ribbon Committee and the staff to make ~ a t t recommendations should unforeseen scheduling problems occur. We believe that this flexibility must be built into any scheduling plan that you have to accommodate unforeseen circumstances that may occur. OPTIONS: 1. Approve the ordinance calling for the election with three proposals and fund the public safety projects with CO's and adopt the attached project schedule. 2. Make changes in the ordinance or the schedule of project recommendations. RECOMMENDATIONS: Staff would recommend approval of the ordinance and the schedule as submitted. The Blue Ribbon Committee will be meeting Monday evening to review the schedule and will be able to give you their recommendation verbally *Tuesday evening. FISCAL INFORMATION: As indicated as your last meeting, this five year program would require a five (5) cent tax increase to be spread over the last four years of the program. The increments,vould be two cents in the second and third year of the CIP program, three quarters of a cent in the fourth year and one quarter on one cent in the fifth year making the total five cents. Respectfully submitted: AL91rd-45.~& Rick Svc a Deputy City Manager i ~ }`~Ir\ C i a k i PROPOSED BOND PROPOSITIONS BREAKDOWN OF PROJECTS 2000.2004 CIP PROGRAM 1999-2000 2000.2001 2001-2002 2002-2003 2003-2001 Total Transportation - Slreets/Trafflc Contr01/BlkewaytdSldewaiks'Alrport Brinker Road S 900,000 Traffic Signals Hickory Creek $ 200 S S 150,000 $ 150,000 S 150,000 S 150,000 900,000 Ramp Reversal (Lillian Mi11er/286/1.35) 150,000 800,000 Paving,'Sidewalks/8ikelanes 500,000 750,000 US 77 500,000 500,000 483,000 515,000 $00,000 S00,000 Fort Worth Drive (widen) 1,450.000 ,000 2,500,000 Bonnie Brae 1 1,450,000 1'000000 McKinney Street (FN1426) 250,000 ,000,000 Hwy 380 (US 77 to 1.35) 250,000 230,000 Airport Control Tower 230,000 230,000 Fry Street 500 230,000 Klass Transit Initiatives 250'000 500.000 177 Alternate 225,000 250,000 Loop 288 (12,OWI) 225,000 Loop 288 (26,000') 1,000,000 1,900,000 11900,000 Widening Ilwy 2181 1,000.000 250,000 250,000 250,000 Lend Acquisition • Airport Runway Hwy 2499 250,000 FM 1830 220,000 220,000 Windsor interchange 500,000 500,000 A1isc. Paving 500,000 300,000 300,000 C Total 1,000,000 1,500,000 $00,000 f 2,100,000 S 316001000 $ 635,000 S 4,890,000 $ 3.810,000 S 17' OS,000 f I G r. i i PROPOSED BOND PROPOSITIONS BREAKDOWN OF PROJECTS 2000-2004 CIP PROGRAM I 1"9.2000 2000-2f41 2001.2002 2002.2003 2003-2004 Total I.Ibraries North Branch Library/ Emily Fowler Renovation S 1,0001000 $ 350,000 4,250,000 1,200,000 6,800,000 Total S 1,000,000 S 350,000 S 4,250,000 $ $ 1,200,000 $ 6,800,000 I Parks and Recreation/Beautification Upgrade Parks S 210,000 S ,160,000 S 690,000 640,000 $ 2,000,000 Additional Athletic FicUs $50,000 550,000 Community Park Land Acquisition 400,000 1,400,000 1,800,000 Trails/Linkages 250,000 220,000 170,000 640,000 Beautification 40,000 40,000 40,000 40,000 160,000 ` American Legion Hall Annex 173,000 175,000 k Aquatic Center S 4,000,000 4,000,000 Civi: Center Upgrmde & Improvement S 850,000 850,000 Total S 650,000 S 2,150,000 $ 4,000,000 $ 1,675,000 $ 1,700,000 10,175,000 i Total Bonds S 3,750,000 S 8,100,000 S 8,885,000 S 6,565,000 $ 6,720,000 S 34,020,000 E Issue COs is Jail Expansion $00,000 500,000 Fireanns Facility 350,000 350,000 Total COs $ - S - $ - S 500,000 $ 350,000 S 850,000 TOTAL CIP $ 3,750,000 S 8,100,000 S 8,885,000 S 7,065,000 S 71070,000 S 34,870,000 I i Rt I' I i I I I i INTEROFFICE MEMORANDUM crrr OF iervrOnr, rexAs CITY MANAGER'S OFFICE I i MEMORANDUM DATE: October 29, 1999 TO: Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: Bond Ordinance The attached ordinance doesn't have any of the election judges or workers specified. Jennifer will be In the office on Monday to recruit these officials. We will have a list of officials for you to consider and to insert in the ordinance at your place on Tuesday evening. Rick Svehla Deputy City Manager i 0rt~ www.citvofdenton.com "r~,riminr fo (?ua~'fy .Cerukr" 1 t i r I V~CH-LGLIVOL I `jhmcrJept\LGL`0a Dxum nh'(Hinwc"Wbo d election. d% i i i ORDINANCE NO. AN ORDINANCE CALLING A BOND ELECTION FOR JANUARY 15, 2000; DESIGNATING POLLING PLACES, APPOINTING ELECTION OFFICIALS; SETTING FORTH THE PROPOSITIONS TO BE SUBMITTED IN THE FORM TO BE SUBMITTED ON THE OFFICIAL BALLOT; DETERMINING THE BONDS WILL BE WITHIN ALL LEGAL DEBT LIMITATIONS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BF. USED; MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF; AND PROVIDING FOR AN EFFECTIVE DA II E. I THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, this City Council deems it advisable to call the election hereinafter ordered; and WHEREAS, it is hereby officially found and determined that holding the hereinafter called election on a uniform election date established by Section 41.001(a), Texas Election Code, is in the public interest; and that said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 531, Government Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That a special municipal election is ordered to be held on Saturday, January , 15, 2000, such date being a uniform election date established by the Texas Election Code (the "Code) §41.001(x), as amended, for the purpose of submitting the propositions to the voters of the City of Denton, Texas listed below for the approval or disapproval of $34,020,000 in general obligation bonds. SECTION 2. That an election shall be held between the hours of 7,00 am. and 7:00 p.m. on January 15, 2000, in said City, at the following designated polling places: a. Voters residing in District No. I shall vote at: Martin Luther King, Jr. Recreation Center 1300 Wilson Street Denton, Texas b. Voters residing In District No. 2 shall vote at: Fire Station No. 4 2110 Sherman Drive Denton, Texas r C I ~ J C. Voters residing in District No. 3 shall vote at. North Lakes Recreation Center 2001 West Windsor Drive Denton, Texas d. Voters residing in District No. 4 shall vote at: Denia Recreation Center 1001 Parvin Denton, Texas SECTION 3. That the following election officers are hereby appointed to hold said election: a. For the Central Counting Station: George Spuller, Presiding Judge; Don Alexander, Manager; and R.andie Smith, Tabulation Supervisor. b. For District No. 1: Ruby Col., Presiding Judge and Alma Clark, Alternate Judge. C. For District No, 2: Mary Mecay, Presiding Judge and LaRue Wood, C Alternate Judge. d. For District No. 3: Bill Williamson, Presiding Judge and Karen Pittman, Alternate Judge. e. For District No. 4: Roland Vela, Presiding Judge and Alice Waddell, Alternate Judge. E )e:nifcr Walters, City Secretary, shall conduct early voting under the Code. SECTION 4. That the Presiding Judge of the Central Counting Station and of each district shall and is authorized to appoint a sufficient number of qualified election clerks as necessary to assist them in the election, including bilingual assistants and not less than the number ofelerks and assistants as required by law. SECTIONS. That by approving and signing this Ordinance the Mayor of the City officially confirms his appointment of the herein named election officers to serve at this election; and by passing this Ordinance the governing body of the City approves and concurs in the appointment of these election officers, SECTION 6. That early voting shall be conducted at the City Secretary's office, Municipal (A' Building Hall). 215 East McKinney, Denton Texas, and during the ~ (City period early vMing is required or permitted by law, being December 29, 1999 through January 11, 2000, the hours designated for early voting by personal appearance shall be from 8;00 a.m. to $:00 p.m. on each day except Saturdays (except early voting shall be conducted on Saturday, January 8, 2000 from 10;00 I Page 2 a c I! ~I except Saturdays (except early voting shall be conducted on Saturday, January 8, 2000 from 10,00 a.m. to 3:00 p.m. at the same location for early voting), Sundays and legal state holidays; and the early voting clerk shall keep said early voting place open during such hours for early voting by personal appearance. The early voting clerk for said election shall be Jenniftr Walters. SECTION 7. That an early ballot board is hereby created to process early voting results, and is hereby appointed the presiding judge of said board. The presiding judge shall appoint at least two other members of the board. SECTIONS . That all resident, qualified electors of said City shall be entitled to vote at said election. SECTION 9. That the Mayor is hereby directed to provide notice of the election, in accordance with §§4.002 and 4.003 of the Code and other applicable laws, the notice to be printed in the Spanish language and English language. SECTION I0. That an electronic voting system, using optically scanned ballots, meeting the requirements of Chapter 124 of the Code may be used for the election. Preparation of the necessary equipment and official ballots for the election shall confonn to the requirements of the Code. SECTION 11. That substantial copies of this ordinance in both English and Spanish shall sm,e as proper notice of the election and said notice shall be: (a) published in a newspapc., of general circulation published within the City, the date of the first publication to be not less than the 30' day or later than the tenth day before the election day; (b) posted not later than the 2 I'day before election day, in a public place in each election district that is in the jurisdiction of the City; (c) posted not later than the 21" day before election day, on the bulletin board used for posting notices of meetings of the City Council of the City; and (d) noticed as may otherwise be required by other applicable laws. SECTION 12. That at said election the following PROPOSITIONS shall be submitted in accordance with law: PROPOSITION NO. I Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $17,045,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such pric^.s and bear interest at such rates, nut to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion or tile City Council, for the purpose of the acquisition of property And making improvements for public purposes in said City, to-wit: street and traffic control improvements; and shall said City Council be authorized to levy and cause to be i assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? Page 3 t i PROPOSITION NO.2 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $6,800,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: the construction and improvement of public facilities, including construction of a new North Branch Library and renovation of the Central Library; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION NO.3 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $10,173,000, with the bonds of each such series or rssue, respectively, to mature serially within not to exceed thirty years from their d i and to be sold at such prices and bear interest at such rates, not to exceed the maxtrtuta rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: park improvements, including beautification, athletic fields, an aquatic center, the acquisition of community park land and improvements and additions to city parks, park buildings and recreation centers; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay svd bonds at maturity? SECTION 13. That the official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR or "AGAINST" the aforesaid PROPOSITIONS, with the ballots to contain such provisions, markings, and language as required by law, and with each such PROPOSITION to be expressed substantially as follows: PROPOSITION NO. I FOR r~ THE ISSUANCE OF $17,043,000 OF STREET AND TRAFFIC f. CONTROL IMPROVEMENT BONDS AGAINST } I Page 4 i ~I i 1 t I 1 M I PROPOSITION NO, 2 FOR ) THE ISSUANCE OF 56,800,000 OF PUBLIC FACILITY IMPROVEMENT BONDS AGAINST ) PROPOSITION NO.3 FOR ) THE ISSUANCE OF S 10,175,000 OF PARK IMPROVEMENT BONDS AGAINST ) SECTION 14. That it is hereby found and determined that the probable period of usefulness of the propose improvements covered by the aforesaid PROPOSITIONS is 25 years. SECTION 15. That Article 9, Sec. 9.02 of the City Charter contains the following provision and requires this election ordinance to distinctly specify, "(d) A determination of the net debt of the City after issuance of the bonds thereby authorized, together with a declaration that the bonds thereby authorized will be within all debt and other limitctions prescribed by the Constitution and laws of the State of Texas". The determination is hereby made that the net debt of the City after the issuance of the bonds herein proposed to be submitted will be not more than $93,871,730 and it is hereby declared that said general obligation bonds will be within all debt and other limitations prescribed by the Constitution and Iaws of the State of Texas. SECTION 16. That in all respects said election shall be conducted in accordance with the Texas Election Code. The City Secretary is authorized to prepare the official ballot for the election and perform every act required by the City Charter, the laws of the state of Texas and all other applicable laws for holding elections. SECTION 17. The election officers named above shall make returns for the election in the manner required by law. The ballots that are properly marked in conformance with the provisions of the Texas Election Code for votes cast both during the period of early voting and on the day of the election shall be counted in the manner required by law, A SECTION 18. That the manner of holding such election and all questions pertaining thereto shall be governed by the election laws of the State of Tex-j. Page 3 i I 4 I I I SECTION 19. That it is hereby officially found and determined that the meeting at which f j this ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapter 331 of the Government Code, Tex. Rev. Civ. Stat. Ann, 1997. SECTION 20. That this ordinance shall become effective immediately upon its passage and approval. I I PASSED AND APPROVED this the 2nd day of November, 1999. I JACK MILLER, MANOR I ATTEST. JENNIFER WALTERS, CITY SECRETARY BY: J 1 APPROVFD AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. i i i II Page 6 Agaad~ _ DaM ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST j AMENDMENT TO THE ANNEXATION AGREEMENT ENTERED INTO BETWEEN THE CITY OF DENTON AND VIOLET PROPERTY ASSOCIATES, L.P. AS A PART OF THE SETTLEMENT OF LITIGATION STYLED CITY OF DENTON V, DENTON 000NIYFRESH WATER SUPPLY DISTRICT NO. JA AND DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO. 3 FOR THE PURPOSE OF ESTABLISHING A TIMELINE FOR CONSTRUCIION OF THE GRAVEYARD BRANCH EXTENSION; AND PROVIDING AN EFFECTWE DATE. WHEREAS, on August 4, 1999, the City of Denton ("Denton') and Violet Property Associates, L.P. ("Property Owner') entered into an Annexation Agreement as a part of the settlement of litigation styled City of Denton Y. Denton County Fresh Water Supply District No. IA and Denton County Fresh Water Supply District No. S• and WHEREAS, the Property Owner has requested that the Annexation Agreement be amended to set a completion date for Denton's construction of the Graveyard Branch extension and to more fully describe that wastewater line; and WHEREAS, the City Council deems it in the public interest that the First Amendment be approved; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute a First Amendment to the Annexation Agreement entered into by and between Denton and Property Owner dated August 4, 1999, which establishes a completion date for construction of the Graveyard Branch wastewater extension subject to the conditions of the First Amendment In substantially the form of the attached First Amendment, which is made a part of this ordinance for all purposes. SECTION 2. That the City Manager Is authorized to take all of the actions as indicated in the attached First Amendment. SECTION 3, That this ordinance shall become effective Immediately upon its passage and approval, PASSED AND APPROVED this the day of_., 1999. i i A, JACK MILLER, MAYOR tv ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 1 ' I 1 drn'd.p'LtlLOw nawun namiww+ovme,Mwn n..enm In it i I I I Page 2 I I I~ sOV-02.99 trill From: Mts VDIA4 46.141 i FIRST NDMENT TO ANN .►_TI AGnr?s'~MM This First Amendment to the Annexation Agreement catered into by and between the parties hereto dated August 4, 1999, (this "Amendment") is made and entered into effective as of the day of November, 1999, by and between the CITY OF DENfON. TEXAS ("Denton"), and N70LET PROPERTIES ASSOCIATES, L.P., (`Property Owner"). WI1HESSETH: WHEREAS, Denton and Property Owner heretofore entered Into that certain Annexation Agreement (the "Agreement") dated as of August 4, 1999, pursuant to the terms of which Denton agreed, among other things, to extend city wastewater lines to serve the development of the Property as more particularly described therein. WHEREAS, Denton and Property Owner now desire to amend the Agreement as more particularly described below. NOW. THEREFORE, for and inconsideration of the coveosnts and undertakings set forth In the Agreement, and other good and valuable consideration, the recelpt and sufficiency of which are hereby acknowledged, Denton and Property Owner hereby agree as !'oilows: ASBEEMEIYT5t 1. All terms which are defined in the Agreement shall have the sane meaning when used herein, unless specifically provided herein to the contrary. 2. Notwithstanding the terms and conditions of the Agreement, Dee.ton shall construct or cause to be constructed, at its tole cost and expense, subject to the Property Owners repayment of its proportionate share of the costs and expenses in accordance with the Agreement, a wastewater line substantially in accordance with that cauln wastewater line described in an Exhibit A which shall be prepared by'Alberi Halff and Associates and attached to and made a part hereof for all purposes (the "Graveyard Branch Extension"). The consulting firm of Albert Halff tit Associates shall perform the engineering design services for the Graveyard Branch Extenslon. The Graveyard Branch Extension shall be completed prior to April 1, 2001 (the "Completion Date"), unless the Completion Date Is amended in writing by Property 0waer or unless the construction of the Graveyard Branch Extension is delayed by reason of war, civil commotion, acts of God, government resulctions, regulations, or interferences, tire, flood or other casualty, or other circumstances reasonably beyond the control of Denton, In which case the Completion Date shall be extended for a period of time equal to the period of such delay. 3. This Amendment may be executed in separate counterparts, each of which shall be an original and all of which when taken together shall constitute one and the same instrument Further, this Amendment may be executed by both Denton and Property Owner by facsimile signature, such that execution of this Amendmentby facsimile signature shall be 0111.144 1 44U 1 1 . 40919 WWI c, r l NOY-02-O! liell free TIN P-01/94 Job-111 t i deemed effective rot all purposes as though this Anwilmeut was erecuted as a 'blue Ink" or[giml, i 4. Except as amended hereby, the Agreement shall be and remain In full force and effect and is hereby trifled and confirmed by Deacon and Property Owner, Upon execution by the parties hereto, this Amendment shall be promptly rocmW in the Real Property Records of the Office of the County Clerk, Renton County, Terns. IN WI7TVM WHEREOF, the Parties have executed this Amendment effective this the _ day of November, 1999. i CITY OF DENTON; TEXAS I By: Michael Jez, City Manager ATTESTt i Jennifer Walters City Secretary APPROVAL AS TO FORM Herbert L. Prouty City Attorney A_CKNQWj=MXX[ STATE OF TEXAS ¢ i} COUNTY OF DENTON 4 On this day of November, 1999, before me persondy rppe" Michael Jex, City Manager of the City of Denton, Texas and acknowledged to roe that he executed the foregoing instrument in his authorized capacity for and on behalf of the City of Denton. r A r VATADV IWIMI10 TV Awil PAR ti 1 t' ,I MOY•D2-BB Hill Frm: ?-ITS P.04/04 JOH41 h 'r APPROVAL BY COUNS6Lt i _ I Terry D. Morgan Williarn S. Dahlstrom j State Bar No. 14454075 State Bar No. 63316300 1 Terry Morgan & Associates lenkens & Gilchrist, P.C. !.uorneys for the City of Denton Attorneys for Property Ov= t PROPERTY OWNM VIOLET PROPERTIES ASSOCIATES, L.P., a Delaware 1;mitW partnership By. First Regency Enterprises, Inc., its General Partner By; Narte, Robert H. Rodgers, Jr. Title; Vice President STATE OF NEW YORK i COUNTY OF ; 1 On this,,,-- day of November, 1994, before me personally appeared Robert H. Rodgers, Jr., Vice President of First Regency Enterprises, Inc., a Delaware limited partnershlp, General Partner of Violet Properties Associates, L.P., o Delaware limited partnenhip, and ackrwxdedged to me that he executed the foregoing instntment in his authorized capacity for and on behalf of said timitod partnership. Notary Public In and For the 5t;-'a of New York i T....I n r C I HANQOUT TO C sirs fue~u M Intermandec% Inc. Nmcmbcr2, 1999 i 1 rto I aumhum arise Mr. Todd Parton Dimior of Planning Mario. TefA% 7") Denton Independent School District P.O. Flos 2787 r•r %4 snfo Denton. TX 76202 FAN v's %1-0121 Ref Smith Tract Dear Mr. Parton: N you are aware, 1nlcrmandeco, lnc is the prospoctist purchaser of the Smith Tract in the City of Denton. On Tuesday, November 2, the Denton City Council will consider our rezoning application for the Smith Tract. Paml ) on the Concept Plan included with the zoning application is an 18,22 acre tract with a land use designation of "School/Park" and it base zoning of SF-16 kind SF-7, Following the relocation of the esisting drain to the southern boundary of Parcel approximately I S acres of parcel ) will be located outside of the flood plain. The purpose of this letter is to confirm our offer to donate approsimatcly ten (10) acres of land to ),ere the Denton Independent School District and approximately rise (y) acres of land to the city of Denton for public park purpose, Intcrmandeco plans to purchase the Smith Traci after Its toning application Is approved by the City Coo' Pcil. Within one (l) year after coning opprmal, InlcrmiWere. the City and Di SD rcpn sentativcs will agree on the locations of the park and school sites within Parcel a special warranty dcod for the park site acreage will be delivered to the City and if DISD clew to proceed with its plans to construd an elementary school, a special warranty decd with a rescrt clause for the school site acreage will be delivered to DI SD, Ov...e DISD elects to proceed with the school, then the special warranty deed delivered to DISD will contain the following revert clause: "In the Brent actual conhiruction of the elementary school on Parcel f has not commenced at the earlier of five (S) years from the date of this property's 7 zoning approsal or at such time as wle of the single family lots in the project have soured building permits, then title to the school site shall automatically revert to Interrnandcco In the ec ent DISD declares the school site surplus property or attempts to convey title to the school site to p` any third party, than title shall automatically mcrl to Intcrmandcco. If the school is not built, then the bare coning of Parcel ) would apply." Y We look forward to working with DISD and the Cily on this matter, Siaccrcly. Cory Cobb, J \ t` for IW=ndeco nc cc/Mb f, t r Smith Tract ~i Parcel Comparison Zoning Units PD-115 Density Units 10/13/99 Density Acres Revised PD Acres Comm/Offlce N/A 86.8 sc. N/A NIA 23,38 N/A MF-I 200 1134 c. 17.6du/oc 200 11.43 17,5 du/sc MF-R 260 21.95aa. 11,9du'ac N/A NIA N/A Open Space NIA 14.0 ac. N/A N/A approx. 6 ac. N/A School Site NIA N/A N/A N/A approx. 12 sc. SF-16 42 19.31 ac, 2.18 du/sc 17 8,53 1.99 du/ac SF-10 93 23.41 3.97 du/ac 25 8.24 3.03 du/ac SF-7 172 38.97 ac. 4.41 dulsc 390 103.9 3.75 du/ac SF-5 144 23,42 ac. 6.tS du/sc 233 31,70 4.53 du/ac TOTAL COMM. 86.87 AC. 23.38 TOTAL M.F. 460 33.19 AC. 13.86 DU/AC 200 11.43 17.5 J%?/AC TOTAL S.F. 451 105,11 4.29 DU/AC 665 F194.11 3.43 v DU/AC r r F t