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HomeMy WebLinkAbout1-5-1999 c u 1 I January 5, 1999 Agenda Packet Y ' V/ 1 , t AGENDA Ayeuae tin,.. -1.-oa- CITY OF DENTON CITY COUNCIL Agenda Itent_... January S, 1999 d f,ite._1-S~..l. Alter dcterminipg that a quorum is present and convening in an open meeting, the City Council will convene id a Closed Meeting of the city of Denton City Council on Tuesday, January S, 1999 at 5:15 p,m. in the Council Work Session Room at City Hall, 213 E, McKinney, Denton, Texas, at which the following items will be considered; I. Closed Meeting: A, Conference with Employees - Under TEX. GOV'T. CODE Sea $31.075. The Council may receive information from employees during a staff conference or briefing, but may not deliberate during the conference. B. Personnel - Under TEX. GOV'T. CODE See. $51.074 1. Consider annual evaluations of Municipal Judge, City Attorney, and City Manager, ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HEIR IN COMPLIANCE WITH TEX. GOVT, CODE CFI. 551. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZEU BY TEX. GOV"f, CODE SEC. SS 1.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A i CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION, SECTIONS 551.071-351,085 OF THE OPEN MEETINGS ACT, Regular Meeting of the City of Denton City Council on Tuesday, January S, 1999 at 6:00 p,m, in the Council Chambers of City list), 215 E. McKinney Street, Denton, Texas at which the following items will be considered, 1. Pledge of Allegiance A. U.S. Flag C. Texas Flag "Honor the Texas Flag - I pledge allegiante to thee, Texas, one and indivisible," 2. Consider approval of the minutes of September 1S, September 21, September 22, and October 6, and October 13, 1998. PRESS NTATIONSIA WARDS Proclamations 4. January Yard-of--the Month Awards l I II City of Denton City Council Agenda January 3, 1999 Page 2 CITIZEN REPORTS 5. Receive a report from Willie Iludspoln regarding the drainage casement at 623 Newton. 6. Receive a report from Dessie Goodson regarding perjury, obstruction of justice and conspira:y. CONSENT AGENDA t Each of these items is rmc mmended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved rot payment under the Ordinance section of the agenda. Detailed back-up Information is attached to the ordinances (Agenda Items 7-13), This listing is provided on the Cement Agenda to allow Council Members to discuss or withdraw an item prior to approval or the Consett Agenda. lrno items are pulled, Consent Agenda ]toms 7.13 below will be approved wi!h ore motion. If items are pulled for separate discussion, they will be consider,d as the tltst items under "Items for Individual Consideration". 7. Consider adoption of an ordinance accepting con petitive bids and awarding a public works contract rot Avenue G drainage improvements; providing for the exp mcliture of funds therefor; and providing for an effective d:,te (aid 02293 - Avenue ( I Drainage awarded to Jagoc Public Construction Co. in the amount of $229,310) 1 81 Consider adoption of an ordinance accepting competitive bids and awardirg a public works contract for Ruddell Street bridge Improvements, providing for the expenditure of funds therefor; and providing an effective mate, (Bid #2298 Ruddell Street Bridge improvements awarded to Oscar Renda in the wrount of $414,312 - Section E 1) 9. Consider adoptie.t of an ordinance accepting competitive bids and awarding a public works contract for park Improvements at Bowling Green, Civic Center and Nette Schultz Parks; providing rot the crpenditure of funds therefor; and providing im effective date. (Bid 02317 Park Improveme,:ts awarded to Playground Specialist, Inc. - $135,739) 10. Consider adoption of an ordinance accepting competitive bids and awarding an tnnual contract for the purchase of electric meters, current tPansformers, and meter wickets; providing for the expenditure of funds therefore; and providing an effective date. (Bid 42295 - Eteclric Motets, CT's and Transformers awarder; as listed on Ordinance Exhibit A. estimated antntr,l expenditure $300,000) 11, Consider adoption of an ordinance accepting compelitive bids and awarding an annual contract for the purchase of oils and lbricantu; providing for the expenditure of funds therefore; and providing for an effective date. (Bid 02300 - Oils and Lubricants awarded to Douglass Distribution in the estimated amount of $27,000) r City of Denton City Council Agenda January 5, 1999 Page 3 12. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the sale of scrap wire and metal; and providing an effective date. (Did #2301 -Sale of Scrap Wire and Metal estimated annual revenue S21,000 - Commercial Metal and Fulton Supply) 13. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of overhead air switches; providing for the expenditure of funds therefor; and providing an effective date. (Did #2306 - Overhead Air Switches awarded to Priester Supply In the amount of 540,125) PUBLIC HEARING : t. Hold a public hearing regarding the Growth Management Strategy. 15. Hold a public hearing regarding the proposed annexation of a 116.7 acre property located on the north side of Hickory Creek Road, northwest of McNair Elementary School In Denton's extraterritorial Jurisdiction (ETJ). 16. Hold a public hearing and consider rezoning 21,502 acres from an Agricultural (A) zoning district to a Multi-Family I (MF.I) zoning district. The property is legally described as Tract 9 in the D. Hough Survey (Abstract (46) and is located on the north side of Colorado Boulevard, Just north of M.yhill Road, The proposal Is to develop an apartment complex. (The Planning and Zoning Commission recommends approval (7.0) with conditions) (Z-98-055) ITEMS FOR INDIVIDUAL. CONSIDERATION 17. Consider adoption of an ordinance prohibiting parking on the east side of Pennsylvania Drive from Teasley Lane to Southmont Drive; providing a savings clause; providing a scvcrability clause; providing a penalty not to exceed two hundred dollars; and declarinf an effective date. 18, Consider approval of a resolution granting approval to the Denton Coanty Housing ` Finance Corporation for the vse tithe proceeds of its series 1996 single family mortgage f revenue bonds to finance hom. mortgages for single family homes located within the City of Denton, 19. Consider adoption of an ordinance whereby the City o: Denton, Texas, grants to CoServ Gas a non-exclusive franchise to furnish, transport, sell and distribute gas to customers In Denton, Texas, for a period of ten (10) years for a franchise fee in the amount of 3% of revenues collected and providing definitions; providing a payment schedule and itatet"writ of revenues; providing franchise fee not in lieu of other fees and contract obliga!ions; providing dependable gas supply at lowest reasonable costs; providing J obligations regarding company facilities, long-range planning for capital improvement projects, City review of construction and design, requests by City for relocation of company facilities and work by others; providing for changing boundaries of City and abandonment; providing City not required to advance funds; providing for technological Improvements; providing for compliance with City rules and regulations, Railroad Commission specifications and regulations, and environmental laws; providing office t City of Denton City Council Agenda January 5, 1999 Page 4 locution, reports on company operations and activities and detailed bills; providing City held harmless and indemnification, notice to company, insurance and bonds; providing payment of expenses Incurred by City in relation to ordinance; providing right of first purchase, right to purchase or condemn, limitations of company removal of facilities, transportation and procurement of gas by City and curtailment; providing civil penalties, foreclosure, forfeiture and termination and other legal remedies; providing no waiver, rights of successors and assigns, representatives and notices, severability, entire agreement, company approval, annexation to tho City and third parties; providing compliance with City Charter and application of terms In competing franchises; and providing an effective data 20. Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 35 "Zoning" of the Code of Ordinances of the City of Denton by adopting Article Xl "Corridor Overlay District'; providing a classification for designating roadways in Denton; establishing a site plan review process, establishing landscaping, architectural, screening, outdoor storage, limited visibility land use, traffic circulation, and sign guidelines; providing for a penalty in the maximum amount of $2,000.00 for the violation thereof; providir3 a sevcrability clause; providing a savings clause and providing for an effective date. (The Planning and Zoning Commission recommends no further consideration of the draft ordinance, 4.2-{). 21. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with Recd Consulting Group for consulting services pertaining to electric restructuring natters and the possible divestiture of the City's electric generation and distribution assets; authorizing the expenditure of funds therefor; and providing an effective date. 22, Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with R. J. Covington Consulting for consulting services pertaining to electric restructuring matters and the possible divestiture of the City's electric generation and distribution assets; authorizing the expenditure of funds therefor; and providing an effective date. 23. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute amendment number three to the professional services agreement for consulting services with R. J. Covington Consulting relating to the Denton Municipal Electric Utility, dated February 16,1998; providing for additional professional services to be performed related to electric restructuring and regulatory matters, by adding Task Order 98-E; authorizing the expenditure of additional fends therefore; and providing an effective date, (The Public Utility Board recommends approval 4.0.) i 24, Consider adoption of an ordinance providing for the abandonment of n 0,5493 acre tract A of land constituting a portion of the public street right-of-way located generally within West Prairie Street between Bonnie Brae Street a, J the frontage road for Interstate Highway 33, providing a reservation within such acreage for public utility easement purposes; providing for the execution of a quit-claim deed to the Texas Department of Transportation for the portion of the public rignt-of-way being abandoned and providing an effective date. (The Planning and Zoning Commission recommends approval 4-0.) tCity of Denton City Council Agenda January 3, 1999 Page 3 25. Cor 'der adoption of an ordinance approving the real estate contract between the City of Denton and Barbara Kaye Whitson, individually, and as independent executrix of the estate of Corine A. Doakes and Ada Lucile Lowe (formerly Ada Lucile Wilson, relatirg to the purchase of 0.156 acres of land for constructing drainage Improvements in the PEC-4 Tributary of Pecan Creek, authorizing the expenditure of funds therefore; and providing an effective date. (The Planning a.7d Zoning Commission recommends approval 5-0.) 26. Consider adoption of an ordinance approving the real estate contract between the City of Denton and Mary B. Copeland, widow of H. L. Copeland relating to the purchase of 1.20 acres of land for constructing drainage Improvements in the Mockingbird Street area; authorizing the expenditure of f,L~.ds therefore; and providing an effective date, (The Plannlog and Zoning Commission recommends approval 7-0.) 21. Cons,lcr approval of a resolution relinquishing approximately 33.781 acres of land within its Extra-Territorial Jurisdiction to the Town of Balonville, so that Bartonville may institute annexation proceedings with respect to such area. 28. Miscellaneous matters from the City Manager. 29. New Business This item provides a section f it Council Members to suggest iums for future agendas, 30. Possible continuation of Closed Meeting under Sections 551-011-531.085 of the Texas Open Meetings Act. 31. Offieial Action on Closed Meeting items held under Section $31-071-351.085 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at t'te City Hat) of the City of Denton, Texas, on the day of . 1998 at o'clock (a m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE H6+RINO IMPAIRED IF REQ,, STED AT LEAST 48 HOURS IN ADVANCE OF THE SCHLDULED MEETING. r A, r,. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE It' TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800. RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE C11Y SECRETARY'S OFFICE. i e,. Agenda Nu.- 94-wi CITY OF DENTON CITY COUNCIL MINUTES Date Item) Date September 15, 1998 Alter determining that a quorar, was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, September 15,1998 at 5:45 p.m, in the Council Work Session Room at City Hall, i PRESENT; Mayor Miller, Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Duff ance, Kristeterson, and Young. f ABSENT: None I. Closed Meeting: A. Conference with Employees - Under TEX. GOVT. CODE Sec. 351.075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. Regular Meeting of the City of Denton City Courn:ii on Tuesday, September 15, 1998 at 7:00 p.m. in the Council Chambers of City Halt. PRESENT: Mayor Miller; Mayor Pro Tem. Beasley; Council Members Burroughs, Cochran, Durrance, Kristofemn, and Young, ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge orAlleglance to the U. S. and Texas } and flags. 2. The Council consi lered approval of the minutes of June 2,1998. , Beasley motionod, Burroughs seconded to approve the minutes as presented. On roll vote, Beasley "aye Buroughs' wye'", Cochran "aye", Uttrrattce "eye", Kristoferson "aye, Young „eye", and Mayor Miller "aye". Motion carried unanimously. PP ESENTATIONTAWAR0 ti 3. Proclamations I Mayor Miller presented proclamations for National Rehabilitation Awareness Week and Constitution j Week. I ire ` CITIZEN REPORTS x c. 4. The Council received a report from Roland Wade regarding disabilities, AbA and their cohesiv mess with City code. { Mr. Wade stated he represented tlu National Association of Persons with Disabilities. He would like to work with the City on the ability to get to the City Council meetings in order to make their needs and concerns known to the Council. Ile suggested extending the hours of transportation services . t} c. City of Denton Gty Council Minutes Scptemb%.r 15, 1998 Page 2 With SPAN in order to meet those needs. Taxicabs in Denton should be forced to have wheelchair lids. Persons with disabilities were limited by transportation, no access, to buildings, individuals who parked on sidewalks, and handicapped curb cuts not being done. Trees and bushes were not removed and hampered use of the sidewalks. There were things he rdwold i~ot have to su ffer because of limitations with the City. Housing was another issue and he suggested the City change cedes to be in line with the ADA requirements. Builders needed to address the needs of the handicapped when building new homes as well as new apartments. 5. no Council received a report from Bill Enlow regarding water and sewer service to his anrt+y pd property north of Denton. Mr. Enlow stated that he had sent a letter Irr Council requesting water and sewer services to his property that was annexed into the City several years ago. The area was taken into Denton to protect and beautify the entranceway to Denton. If Denton wanted to control the area through zoning, then it had an obligation to provide basic City servicer in the area. The current master plan did not show any plans to serve this part of the City. There was a provision of the Local Government Code that a service plan had to provide for the extension of full municipal services before the first notification of public hearing for annexation. To his knowledge, this had not been followed in relation to his property. lie requested water and sewer service te, his property, 6. The Council received a report from Rosa Melton, Jr. regarding "principle(s)-nc,V" Mr. Melton stated that he had been writing letters to the City with no answer. He felt that none of the country was running on principles and that the Council at,d attorneys were unprincipled. He felt that the only people with principles were terrorists as they said what they were going to do and did it. lie asked the Council to examine whether they were acting according to principles as rhown in the Bill of Rights, to declare positions and act on them and to have open discussions of the Council. NOISE EXCEPTIONS 7. The Council cons!dered a request for an exception to the noise ordinance for the " briends of Neste Schultz Park" for a neighborhood picnic on Sunday, September 20e, from 4:00 p.m, to 8:00 p, M. Young motioned, Beasley 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. 8. 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 20', from 11:00 a.m, to 2:00 P.M, f~r\. Beasley motioned, Cochran seconded to approve the exception. On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye', Durance "aye", Kristoferson''sye", Young "aye", and Mayor Miller k "aye'. Motion carried unanimously, CONSENT AGLNDA Council Member Young asked for separate discussions on Items 4 12, #13, #14, and #lS. I City of De,tton City Council Minutes Scptrmber 13, 1998 ! 4 Page 3 Counr.il Member Cochran requested Indivifual consideration for Items #12, #16, and #20. Council Member Young asked when thr p, oject for Item # 13 would start and the areas for work. R'.ck Svehla, D:puiy City Manager, stated that these would be culverts fur Lak:y and Bradshaw Streets. Both were connected to the Rob,srtson Suvet chann^l project. If approved, the contractor would begin work as soon as possible wi h a projatcd comp ;lion date of May. Door hangers and ads in the paper had notified residents afthe project. Co; nail Member Young asked about the proiect for Item 414. Jill Joatan, Dire0or of Water/Wastea ater, ste.ted that the Cleveland Street line had a number of problems. Work would begin the first ucek in November and would take about 3f+ days to complete. A neighborhood mectirg had been Leld plus door hangers were placed on homes notifying the residents of the project. Council Member Young asked abw,l the sidewalks associated with item #13. Rick Svehla, Doputy City Manago, stated that thero would be 2,000 feet of sidewalks on a number t of streets in southeast Denton, Nr ighborhood mcc+.ings had been held in southeast Denton asking the residents for preferences on locatim Work would start after approved of the b'd end be completed sometime in mid-November. Young motioned, Cochran seconded to approv6 the Consent Agcndr and the accompanying ordinances with the exception of Items t 12, 416 and 020. On roil vote, lteasley "aye', Burroughs "aye", Cochran "aye", Durrane•i "aye'', Kristofcrson "aye", Young `sye",,nd Mayor Miller "aye". Motion tamed unanimously. 9. N0.98.271 AN ORDINANCE AUTHORIZINO THE EXECUTION OF A CHANGE ORDER TO A PURCHASE ORDER BETATFN THE CITY OF DENTON AND COVEY LEADERSHIP CENTER; PROVIDMO FOR AN INCREASE IN 114E PURCHASE ORDER PRICE AND PROVIDING AN LFFECfIVE DATE. (PO #80864 TO COVEY LEADERSHIP CENTER CHANGE ORDE'! #2 IN THE AMOUNT OF !,6,000.00) J 1:, NO. 98-272 AN OR DINANZI3 ALIT40RiZING THE LXECUTION OF A CHANGE ORDER TO A LEASE AGREEMENT f'OR PC'S, MONITORS AND PERIPHERAL EQUIPMENT RELATFD TO THE P01ICE/FIRE DEFARTMENT MANAGEMENT INFORMATION ( J f SYSTEM PRASE II BETV'".EN THE. CITY OF DENTON AND 113M CREDIT . CORPCIL,kTiON; PROVIDING FOR AN INCREASE IN THE ANNUAL LEASE PAYM811T AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (RFSP #1738 - MANAGLMIE.NT INFCRMAT ION SYSTEM (MIS) CHANGE ORDER #2 FOR PHASE 11 IN THE AMOUN'C OF $93,798.00 OR $31,266,0 ANNUALLY) t , c City of Denton City Counei' Minutes September 15, 1998 Page 4 I I , NO. 98-273 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A LEASE AGREEMENT FOR PC'S, MONITORS, AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND IBM CORPORATION; PROVIDING FOR AN INCREASE IN TIIP. QUANTITY OF ITEMS AND AN INCREASF E4 THE ANNUAL LEASE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (LEASE #2045 TO IBM CORPORATION CHANGE ORDER #21N THE AMOUNT OF $20,469.00 OR $6,823,00 ANNUALLY) 13. NO. 98-275 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING} FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR LAKEY AND BRADSHAW CULVERT IMPROVEMFNTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2249 - LAKEY AND BRADSHAW STREETS CULVERT IMPROVEMENTS AWARDED TO MIKE ALBERT, INC. IN THE AMOUNT OF $543,602.00) 14. NO. 98-276 i AN ORDINANCE ACCEPTING COMPETITIVE PIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR CLEVELAND STFEET 6"X8" TRENCHLESS SANITARY SEWER REHABILITATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2253 - CLEVELAND STREET G' AND 8" SANITARY SEWER TRENCHLESS REHABILITATION AWARDED TO CALVERT PAVING IN THE AMOUNT OF $64,868.10) 15. NO. 98-277 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE 1 AWARD OF A PUBLIC WORKS CONTRACT FOR SOUTHEAST DENTON SIDEWALK IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 02154 - SOUTHEAST DENTON SIDEWALK IMPROVEMENTS AWARDED TO CALVERT PAVING IN THE AMOUNT OF 592,396.20) ~ i I 17, NO. 99-279 i AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF PECAN CREEK 30-INCH SANITARY SEWER CROSSING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, (BID 02257 - PECAN CREEK SEWER CROSSING AWARDED TO CALVERT PAVING IN THE AMOUNT OF $61,309.60) V I I City of Denton City Coun M Minutes September 15, 1996 Page 5 18, NO. 98-280 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND CROSSTEX ENERGY SERVICES INC, AS WELL AS ENERGY UNLIMITED INC, FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2258-NATURALOAS AWARDED TO CROSSTEX ENERGY SERVICES INC. AND ENERGY UNLIMITED INC,) 19. NO. 98-281 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC AWARDS CON" RACT FOR A BORE AND INSTALLATION OF 18" CASING AND CONDUIT ON LOOP 288; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2262 - BORE AND INSTALLATION OF 18" CASING AND CONC''IT LOOP 188 AWARDED TO DICKERSON CONSTRUCTION IN THE AMOUNT OF $16,800.00) i NO. 98-283 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDIANO; AND PROVIDING FOR AN EFFECTIVE DATE. (PO #87361 TO AUSTIN WOOD RECYCLING IN THE AMOUNT OF $29,!00,00) 22. NO. 98-284 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO 7110SE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE, (PO 087876 TO CITY PUBLIC SERVICES OF SAN ANTONIO, PO #87877 TO CENTRAL FOWER & LIGHT CO,, PO #87378 TO TEXAS UTILITIES ELECTRIC CO., AND PO #87879 TO HOUSTON LIGHTING AND POWER IN THE TOTAL AMOUNT OF $1,268,822,23) l , 23. NO. 98-285 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF DISTRIBUTION TRANSFORMERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, (BID 02239 - DISTRIBUTION TRANSFORMERS AWARDED TO WESCO FOR ITEM #1 FOR A TOTAL AMOUNT OF 518,032.00 AND ITEM #2 AWARDED TO PAUWELS(PRcFERRED SALES FOR S13,062,00) `I c I City of Denton City Council Minutes September 13, 1998 Pagc 6 24. NO. 98.286 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOP THE PGaCHASE OF PRECAST MANHOLES AND ACCESSOi IES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 02261- PRECAST MANHOLES AND ACCESSORIES AWARDED TO OLDCASTLE PRECAST) 23. NO. 99-287 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE ANNUAL PRICE AGREEMENT FOR 02 CABLE; PROVIDING FOR T'H E EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 02264 - A,NMAL PRICE AGREEMENT FOR N2 CABLE AWARDED TO B(CC CABLES FOR AN ANNUAL ESTIMATED EXPENDITURE OF $148,604.00) 26. NO. 98-288 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR AN ANNUAL PRICE AGREEMENT FOR CONCRETE UTILITY POLE'S; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 02263 - CONCRETE UTILITY POLES AWARDED TO LONESTAR PRESTRESS) I 27. NO, 98.289 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AIND AWARDING A , CONTRACT FOR THE PURCHASE OF FOUR (4) THIRTY-YARD SELF-CONTAINED ROLL-OFF COMPACTORS; PROVIDING FOR THE EXPENDITURE OF FUNDS 7 HEREFOR; AND PROVIDING AN EFFECTIVE DATE, (BID #2267 - 30 CUBIC YARD SELF-CONTAINED ROLL-OFF COMPACTORS AWARDED TO GALBREATH INC. IN THE AMOUNT OF $9,473,00 EACK TOTAL AWARD OF $37,900.00) 28. NO. 98.290 AN ORDINANCE ACCEPTING COMPETITIVE, RIDS AND AWARDING A CONTRACT FOR THE RENTAL OF SPECIFIC HEAV'i EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND EROVIDING AN EFFECTNE i, DATE. (BID 02268 - RENTAL OF HEAVY EQ?,1PMEi7 AWARDED 70 TKO Ap , c EQUIPMENT IN THE AMOUNT OF $70,430,00) t 29. NO. 98-291 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT TO UPGRADE THE CITY "ALL EAST AND CITY HALL TELEPHONE SWITCHES WHICH ARE AVAILABLE FROM i City of Denton City Council Minutes September 15, 1998 t Page 7 ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING S'JCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PO 487764 - GTE IN THE AMOUNT OF $50,133.59) 30. NO. 93-292 AN ORDINANCE PROVIDING FOR THE EXPEND:TURI3 OF FUNDS FOR PURCHASE OF MOBILE DATA COMPUTERS WHICH ARE AVAILABLE FROM ONLY ONE SO[IRCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE, (PO 088030- INTEGILkTED COMPUTER S7STEMS, INC. IN THE AMOUNT OF $112,336.00) 31. NO. 98-293 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 98.124 PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; PROVIDING A SAVINGS CLAUSE; } PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. 32. NO. 898.051 A RESOLUTION APPOINTING MEMBERS 10 THE BOARD OF DIRECTORS OF THE NORIII TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE. PUBLIC HEARINGS 33. The Council held a public hearing and considered rezoning 58.351 acres from an Agriculture (A) zoning district to a Single Family residential (SF-") zoning district. This property was legally described as part of Tract 6, Abstract No. 1018 of the Eli Pickett Survey and was located on the west side of FM 2181 (Teasley Lane), approximately 1000' south of Robinson Road, between Ryan Rd. and Hickory Crock Rd., in the City of Ocnion, Dorton County, Texas. The proposal was to develop a single-family subdivision. (The Planning and Zoning Commission recommended spproval 5-0 with conditions.) (Z-98-015) Dave Hill, Director of Planning and Development, steled that theproperty was located on the west side of Teasley Lane, approximately 1000 feet south of Robinson Road. The proposal was to rezone the property from agricultural to single-family conditioned. The Planning and Zoning Commission A; recommended approval of the request with conditions. The property was unplatted and would ! ) require sewer, road and sidewalk improvements. Of the eight responses received, five were in opp,sition. The 200/6 rule was in effect due to those responses. A neighborhood meeting was held with six residents attending. On Auguste, one letter of opposition was withdrawn but the 200/a rule was still in effect. Conditions imposed by the Planning and Zoning Commission by were (i) individual lots on the southern property boundary would have to be a minimum of 10,000 square foot lots and the reminding lots could not be less than 7,000 square Tech (2) a six foot fence of steel City of Denton City Council Minutes September 15, 1998 i Page 8 and masonry poles would be constructed on the northern and southern boundaries. Fie reviewed the development contribution of the proposal to traffic mitigation in the area. Staff was concerned with traffic impacts but could riot specifically deter-nine the impact at this point in time. Several improvements would be required before homes would be built in the area. Council Member Cochran asked about the number of trips generated with the development, He asked if there was a distinction made in the low intensity area for different size lots. Hill stated that the lot size was not used for proportional trips. Regardless of the size cf the lots, a single-family lot would generate a certain number of trips. Council Member Burroughs asked what were the expansion plans for Teasley Lane and how would that be handled, dill stated that this was it State road and at this point in time, no improvements were programmed for this road. A cumulative traffic analysis for development In the future would help with the traffic analysis. Intersection Improvements were programmed and would assist with the capacity of the road whether it was widened or not. Slayer Pro Tern Beasley stated that the analysis of the proposal with the Denton Development Plan indicated that it was somewhat inconsistent with land use ditersity as the intersection of Teasley and Ryan or Hickory Creek would be better suited for retail uses. Hill stated that there was a mistaken impression that there was a moderate Intensity area allocates: in the vicinity of this site. Mayor Pro Tent Beasley asked if the condition in the motion from the Planning and Zoning Commission included two rows of t0,000 square foot lots or one row, Hill stated that any lot abutting the southern property line would have to be 10,000 square feet Council Member Cochran stated that the minutes Indicated two rows of 10,000 square foot lots. Hill stated that the motion included two rows ora minimum of I..`00 square foot lots. Two traffic counts were done with a count of 8,000 one,lay and 7,200 the second day. There appeared to be incoming traffic from Corinth to the elementary school. j The Mayor opened the public hearing. Warren Corwin slated that when they first started the project they met with staff and it was r concluded that a SF-7 request would meet the appropriate needs set by the City. He reviewed the coning in the surrounding area. After submitting their formal application and letters of notice were l ti sent out, letters of opposition were received from people to the south of tht proposal. Based on that opposition, a neighborhood meeting was held. They felt the public conctms were addressed with j the two rows of 10,000 square foot lots. He offered to help accomr,todate rutything staff felt would 1 assist with the traffic in the area. There would be a collector street through the site on the southern boundary, Staff would prefer to have the s6~el hl6her in the location so as to be more'ueneficial to the City. e City of Denton City Council Minutes September 15, 1998 a Page 9 Council Member Cochran asked about the number of units. Corwin stated that the range was between 210 and 215 lots with larger lots included. Council Member Young asked about park dedication. Corwin stated that staff felt that due to the size of the tract that the City would want money in lieu of land, Dick Stewart stated that he was in opposition to the proposal. His property was just north of the proposal. SF-7 would provide the most fin=cial benefit for the developer but wau!d not be beneficial for the City of Denton. Most of the property was going to be zoned S F-7. tie felt there would be 2 adults, 2 children and 2 cars per household that would generate many trips per day in the area. The dividing line for drainage would be his properly. The drainage went to the south in that area. He suggested re-looking at this area and determine what would be best for the City of Denton. He would like to sce SF-7 limited to 25% of the area. All other zoning should be at least SF- 10 or above. Ile suggested looking at the infrastructure needs that the increase in development would require. Ginny Watts asked that Council travel that area and see all of the homes that were going to be built t in the area. There was not enough space In the present school to accommodate all of the children in the new developments and new schools were needed. Council needed to say no to these types of developments. There currently was & business on the properly that offered to purchase the property. The developers offered the owners more and they sold to the current developers. There was a need to draw the line on more residential development in the area, The developers did not offer land for schools or parks. Debra Drayovitch stated that over the past several years the Council had authorized the construction of over 2,400 residential lots in the City that would add approximately 3,000 students to the school district. A significant portion of the lots was in south Denton. The traffic and congestion orthese additional homes would be very significant. Fier corcems Included traffic, the Impact on the schools and the impact on quality economic development. The State constitution set the limit on the amount of taxes a school could charge, The Denton school district was close to the cap for operation and ? maintenance. Even if the DISD constructed additional schools. there would be no funds to staff or maintain those schools. Another impact would be the need for additional infrastructure Improvements. Large quality corporations look for quality schools and a low lax rate when relocating to cities. Densities of this kind would not provide that. She asked Council to plan growth and deny the proposal. Mayor Miller stated that Claudia Eirden had submitted a speaker card In opposition. A c The petitioner was allowed a 3-minute rebuttal. Corwin indicated that Denton had done a master plan for development. In that master plan Highway 2181 would be a major thoroughfare, He felt that the city would not want large estate lots on a major thoroughfare. This area would be highly developed. The driving force to creating business was tesldcntial homes with businesses following, If the City were shutting the doors with no further development, businesses would not be willing to relocate in Denton. C f I City of Denton City Council Minutes September 15, 1998 Page 10 i The Mayor closed the public hearing, Council Member Burroughs stated that his decisions on zoning cases included what was shown on thu Development Plan, the best use of the property, the direct impact on the locality and the impact on the entire city. A balance of the tights of individuals to use their property as could be best determined versus the greater public good was needed. The Acrr: Brick property along the property line would not allow for larger homes. He felt there was not abetter use for this tract of land. The health of the community was established by gro-hth and that did not mean just industrial growth. This was not a large development and was consistent with the Plan. Burroughs motioned, Young seconded to adopt the ordinance with the conditions imposed by the Planning and Zoning Commission. Council Member Cochran stated that he would not be voting in favor of the motion. When a development negatively impacted an area in a cumulative manner, there was a need to deny that type of development. Council Member Kristoferson slated that this zoning case was important to the development of the City. She had the opportunity to attend *..e Denia Neighborhood Association meeting. Their concerns were potholes, paving streets, drainage improvements and safety to neighborhood residents. A status report from City departments indicated 17 future projects that were not even started. ;.he felt denial of the proposal was reasonable and she could not support the motion. Council Member Young stated that it was understood that Denton was going to grow and that housing would be needed for that growth. This Council had a drive to stop growth. This was a violation of constitutional rights by not allowing developers to do what they wanted to do with their property, The proposal created diversity in the housing market. TxDot would eventually widen Highway 2181 to help with the traffic situation in the area, The Council needed to consider the lower income people and their needs for housing. The last three developments before the Council had been denied. This Council was antigrowth and antideve!opment. Mayor Miller felt that this would be a good development for the area. In the past several years. the growth of the DISD was from outside the City limits. Development could be stopped but th,tre would still be traffic and traffic problems in the area. If the Council wanted roads to lead development, a major philosophical shiftwould have to take place. He agreed that not everyone could afford a large home and not everyone wanted a large lot to maintain. There was a demand in the community for smaller homes and smaller lots. Ile felt other members were trying to make Denton an clitist community. lie felt Investment followed residential development and that the Council was trying to deny a reality of the situation of development. j Council Member Durranat felt a challenge to the City was management of growth. It was not a f , matter of development but chat was needed and how to manage what developed. This illustrated 1 k' the need for a eomf rchensive plan. Council had pledged a cooperative effort with the DISD for development. This was a quality of life issue, Mayor Pro Tom Beasley slated that considering the number of tots on that particular piece of highway and the comments of citizens and fellow council members, it was time to say no to development. c U f city of Denton City Council Minutes September Is, 1998 Page 11 Council Member Kristoferson called the question. Young motioned, Burroughs seconded to delay consideration in order to give the developer time to meet with the opposition to workout their differences, On roll vote, Beasley "nay', Burroughs "aye', Cochran "nay", Dun'ance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "aye'. Motion failed with a 3.4 vote. On roll vote of original motion to approve, Beasley "nay", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson "nay", Young "aye', and Mayor Miller "aye". Motion failod with a 34 vote. 34. The Council held a public hearing and considered rezoning 18,008 acres from PD-104 zoning district to an Agriculture (A) and Office (0) zoning district. This property was legally described as part of Tracts S and 6, Abstract No. 900 of the T. Martin Survey and was located oa the southeast comer of Hobson Rd. and Hwy. 1830 (Country Club Rd.), in the City of Denton, Denton County, Texas. The proposal was to develop three large single-family lots with offices on the comer lot. (The Planning and Zoning Commission recommended approval 3-0 with conditions.) (Z-98-038, Davis Oaks) Mayor Pro Tent Beasley left the meeting with a potential conflict of interest. She legally did not have to leave but felt it would be In the best interest to do so, Dave Hill, Director of Planning and Development, stated that the requested action was to rezone the property from PD-104 to agriculture and office zoning. The property was located on Hobson and Country Club Road. Th,- proposed use was for three large single-family tuts with office zoning on the corner lot. The Planning and Zoning Commission recommended approval with conditions. All three residential lots would be zoned agricultural with a minimum of one-acre lots. The office propert- mould be subject to the conditions listed in the back-up materials. One condition was that the exterior walls had to be not less than 70% brick or masonry materials, The frontage of the structure would be 100°/9 masonry with the entite structure no less than 70% masonry. Twenty-two property owners were notified of the proposal with four responses returned. Two were neutral on the subject and two were in opposition with the 200/m rule not in effect. A neighborhood meeting was held August 19th with no one attending. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 98-294 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PD-104 ZONING DISTRICT CLASSIFICATION TO AGRICULTURE (A) AND OFFICE (0) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR 18.008 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF HOBSON r City of Denton City Council Mir.-ites a' September 15, 1998 Page 12 LANE AND F.M. 1830 (COUNTI.Y CLUB ROAD); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned, Kristo; .rson seconded to adopt the ordinance with conditions. On roll vote, Burroughs "aye", Cochran "aye", Drurance "aye", Kristoferson "aye', Young "aye", and Mayor Miller "aye". Motion carved unanimously. 35. The Counaii held a public hearing and considered a request for a Sp&iflc Use Permit to allow a retail building greater than 4,000 square feet in an area within a N:ighborl,ood Services zoning district. The 0.426-acre tract was located west of Locust Street, approximately 100 feet south of University Drive. A retail store and pharmacy was proposed. (The Planning and Zoning Commission recommended approval 4.1.) Dave Hill, Director of Planning and Development, stated that this project was located on University Drive with frontage on both Elm and Locust. The request was for a specific use permit for a building greater than 4,000 square feet in a neighborhood service district. Part of the building would intrude into the neighborhood services property. This property was located within a moderate activity center and the proposed specific use was consistent with a moderate activity center. There were seven criteria needed for compliance in order to grant a specific use permit. The conclusion of the staff and the recommendation by the Planning and Zoning Commission was that the seven criteria had been met by the applicant. No neighborhood meeting had bten held. The 10% rule did not apply, If approved, the speciftc use permit would complete the zoning process. A preliminary plat was approved on June 14th. Public improvements included the dedication or a six foot right-of- way on Locust Street, constntction of sidewalks on street frontages, a fire hydrant at the comer of Locust and University and the dedication of easements. A variance had been obtained from the Traffic Safety Commission regarding a curb cut on North Elm. A monarch tree nomination review was done by the Planning and Zoning Commission. It declined to nominate the proposed trees. There were several structures of low or moderate historic significance that would be removed, Council Member Cochran questioned the trip generation number. Hill stated that that was based on moderate activity centers for the Denton Development Plan and not for the use of a Walgreen's. Council Member Cochran stated that there were several sets ofslandords for similar projccu, There was a standard figure used for offices that was from the Engineerin; Department. Hill stated that there were some very long discussions regarding the traffic impact with the proposal. The existing number of curb cuts would be reduced from ten to three. The Development Review Committee did not rind the trip generation figure out of line with the traffic pattern. Council Met.rber Cochran asked it he curb cut on University was consistent with rrgulations to distance to comers etc. and had there been any variances on that. Rick Svchla, Deputy City Manager, stated that that was the variance thal was granted by the Traffic Safety Commission, r M City of Denton City Council Minutes September 15, 1998 Page 13 Council Member Cochran asked how much that varied from what would have been permitted. Svehla replied that the dist6nce from intersections on major arterials was 250 feet fir im the intersection. Council Member Cochran asked why general retail was not rquested for the proposal. Hill stated that the specific use permit required enough information for a site plan review. The General Retail desi;nation would be too open. The 350 trips per acre were the maximum number of trips permitted fur a moderate activity center. The 355 trips per acre came from the trip generation estimates from the engineering standards. The Mayor openeA the public hearing. The following individuals spoke regarding the proposal: Chris Job, - favor Bob Ginsberg • favor Owen Yost, 9316 Coyote, Denton, 7608 - neutral Toni Edmondson, 2228 Crestmeadow, Denton, 76207 - opposition Suaanne Fritz, 410 Fritz Lane, Shady Shores, 76208 - opposition Nance Ustick, 104 East Brown Terrace, Shady Shores, 76208 - opposition Mayor Miller stated that the following individuals had submitted a speaker card but did not wish to address tha Council Don Barnes, 1835 N. Locust, Denton, 76201 - favor Bocro Silvia, Genova, Italy - opposition Gladys Drake, 2525 Lillian Miller Parkway, Denton, 76205 - opposition Stacey Anderson, 621 Colt, Denton, 76201 opposition Vaneaas Chambless, 256 E. Corporate Dr., Lewisville, 76267 - opposition 1 Mildred Hawk, 614 Collins, Denton 76201 - opposition Karen Smith, 1740 Bishop Lane, Argyle, 76226 - opposition Mary Evelyn Blagg-Huey, 2801 Longfellow, Denton, 76201 - opposition Marcy Campos, 2 Spencer Rod, Denton, 76205 - opposition Tracey Oberbachcr, 133• Panhandle, Denton, 76201 -opposition Dian Carte, 1410 Lindsey, Denton, 76205 - opposition Tara Rowlands, UNT P.O. Box 306500, Denton, 76203 - opposition Michelle McCoy, 218 Avenue E, Denton, 76201 - opposition Kathy Cutely, 3044 Oakshire, Denton, 76201 - opposition r Emily Rooker, 620 A North Austin St., Denton, 76201 - opposition r h, , Steve Pierson, 610 Austin, Denton, 76201 - opposition ! Beth Klein, 610 Austin, Denton. 76201 - opposition Amber Pearson, 1016 W. Mulberry, Denton, 76201 - opposition Steve Windhagcr, 3300 Cactus Circle, Denton, 76201 -opposition Richard Tarvcr, I I I Mill Pond Road, Dcnton, 76201 - opposition Jana Lockett, 816 N. Bell, Denton 76201 - opposition i City of Denton City Council Minutes September 15, 19)8 Page 14 Lockadeo Newland, 3053 N. Trinity Road, Denton, 76208 - opposition Juanita Watkins, 17 Hidden Valley, Denton, 76208 - opposition Adelene Martin, IS 12 Westchester, Donlon, 76201- opposition Natalie Newton Massengale, 3701 E. McKinney, Denton, 76208 - opposition Delores Meador 924 Manhattan, Denton, 76201 - opposition Cene franks, 516 Chisholm Trail, Denton, 76201 - opposition Pruitt Davis, 513 Leatherwood Lane, Denton 76205 - opposition Paul Tanis, 2512 Craig Lane, Denton, 762111 - opposition Gail Wesson, 808 Kings Row, Denton, 76201 - opposition Suzann Buckley, 2421 E. Windsor, Dent>n, 76201- opposition Eduardo Alvarado, 521 E. Windsor, Demon, 76201 - opposition Dan Fedorisko,1127 Vine Street, Denton, 76201 - opposition Linda Marsh, 1113 Hipe Street, Denton, 76201 -opposition Nancy Collins, 4516 Coyote, Denton, 76208 - opposition Sherril Johnson, 701 Mulberry, Denton, 76201 opposition Natalie Hams Hamer, 605 Juno, Denton, 76201 - opposition Deane Peters, 816 Windsor, Denton, 76201- opposition Glenda Peters, 816 Windsor, Denton, 76201 - opposition Sharon Small, 104 Brown Terrace, Denton, 76208 - opposition Rachel Main, 2103 North Elm, Denton, 76201 - opposition Sylvia Hernandez, 617 Poodland, Denton, 76201 - opposition Ern Hamilton, 203 Third Street, Denton, 76201 - oppos.!Ion Chris Tompkins, 916 Weslway, Denton 76201 - opposition Ronnie & Kim Truelove, 6505 Shiloh, Denton, 76208 - opposition Linda McNalt, Rt. 2, Box 632B, Denton, 76298 - opposition Roy Harris, 718 Rid„ crest, Denton, 76205 - opposition 1 Barbara Turley, 2548 Natchez Trace, Denton, 76205 - opposition Elizabeth Daring, 2408 Greet Oaks, Denton, 76201 - opposition Dianne Lura, 1308 Larla Lane, Lv, 75077 - opposition Jessica Morris, 38DS Lakeside, Rowlett, 75088 - opposition Colleen Kelly, 130 Blackjack road, Valley View, 76272 - opposition Laura Hanson, 2498 Co. Rd. 2224, Decatur, 76234 - opposition Marta Hand, 713 W. 74, Justin, 76247 - opposition Angela Fuller, P.U. Box 128, Slidell - opposition John McRae, Rt. 1, Ponder, 76259 - opposition Bruce Moore Arledge, 1200 Historic Lane, Aubrey, 76227 - opposition Sue Beall Shaffer, 1'0 F. M. 1830, argyle, 76226 - opposition Samuelltaynes,P.O 'lox 702, Justin, 76247-opposition Kathleen Bransrord, 3, S Fairlane, Pilot Point, 76258 - opposition Barbara Looper, 322 Mobbctly Road, Pilot Point, 76258 - opposil'on i Janice Freeman, Rt, 5, Box 1310, Sanger, 76266 - opposition Michael Lindley, 527 N. Elm, Denton, 76201 - opposition Patricia Woolen, 2916 Bristol, Denton, 76201 - opposition Malley & Katie Underwood, 1013 Edinburg Lane, Denton, 76201 - opposition Amy Chcrmaey, 909 Chasewood, Denton, 76205 - opposition Misty and Jon Kitchens, 6081OOF, Denton, 76201 - opposition Gregory Small, 104 E. Brown Terrace, Denton, 76208 - opposition Sam Atkinson, P.O. Box 308882, Denton, 76203 - opposition ` I c City ofDcntcn City Council Minutes September 15, 1993 Page 15 Bob FHtt, 715 N. Elm, Denton 76201 opposition I Meredith Byrne, 711 W. Oak, Denton, 76201- opposition Pye Te:selle,1818 Maid Marian, Denton, 76.01- opposition Matthew Byrne, 711 W. Oak, Denton 76201 • opposition The petitioner was allowed a five-minute rebuttal. Mr. Job stated that the trees on the property were not designated as snonarch trees. If the Planning Department set forth landscaping requirements and the proposal met and exceeded (hose requirements, where had the development failed. When he offered to donate trees to the city under no obligation to do so, where had he failed. They were trying to .lve two live oaks on the site What was be' g developed was far bee r hat was being lost, The Mayor closed the public hearing. Mayor Pro Teri Beasley Rated that she had been watching this proposal all through the devele pment stages. This area did rot have landscaping in the businesses. In the past few years, it had started to be improved. The new landscape; ordinance had a much higher greenery requirement. What currently was there was bud. Some nice trees on the site would be lost and several homes, but what would be gained would be better looking than what was currently there, The traffic pattern would be much improved, With the conditions placed on the specific use permit, all conditions fir the permit were m.t. Beasley motioned Young seconded to app t rove the s+ccifc use permit. Council Member Cochran stated that while the closed buildings on University at the site were not allractivc, if Walgreen's did rot build on the site, it would not stay that way forever. Something would build there and ifthe specific use permit was denied, they could still build there. The project could be redesIgned so as to not need a specific use permit. Many people In the community felt they were being penalized duc to the competition c f the two businesses. He felt excellent issues were brought up in regards to the trees and the his'oric homes. This was an issue of neighborhood preservation. Ile felt that all the conditions for the specific use permit had not been met. This dFvclophent would upset the character of the neighborhood, The whole issue was sensitivity to the commur ty. Council Member Young felt this was a Food development It would beautify the area, landscape the area, put people to work, and traffic would be better. Competition was good for the citizens and good for Denton. The proposal had met all of uL. criteria for the development. Council Member Rirrroughs felt that the most significant problem wi i the lien, The trees nominated for rr onarch status were undesignatod so they did not enter inlo 11,e equation plus the plan indicated which trees would be preserved. 11e felt this was a far superior use than the current use. Council Mcmbcr Durrance felt that there were vitble beneficial alternatives to this development. Other cities had changed areas such as currently was section University Drive and this could be done in Denton. Several factors had not been addressed. The Highway 380 reconstruction would widen the road to six lanes. This was an opportunity to male this Prey a success. Ile felt the building could be moved and the trees could be saved. He Indicated that he would vote against the motion as he felt there were better alternatives a- ailable, if denied, Walgreen's could go back to the drawing V f I ~ City of Denton City Council Minutcs September 15, 1998 Page 16 board and present abetter plan to preserve the trees and provide a much more walkable area and be more consistent with the policies in effect. Mayor Miller felt that the proposal met all the conditions for a specific use permit and would be a benefit to the community. Mayor Pro Tern Beasley called the question. On roll vote, B:2sley "aye", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson "aye", Young "aye', and Mayor Miller "aye". Motion carried with a 5-2 vote. Council returned to the Consent Agenda items. 12. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of a public works contract for Research Parkway/Woodrow Lane improvements; Research Parkway water/sewer improvements; providing for the expenditure of funds therefore; and providing an effective date, (Bid #2248 - Research ParkwayrA'oodrow Lane improvements, t Research Parkway water and sewer improvements; awarded to JRJ Paving Inc. in the amount of 5957,575.60) Council Member Cochran stated that he wanted a separate vote on this item as it was a controversial issue and he did not Intend to vote for it. He asked for a beef summary of the project. Rick Svehla, Deputy City Manager, stated that this project would be a four lane divided roadway starting at the intersection of Woodrow Lane and Shady Oaks Drive, The intersection would be expanded to accommodate turn lanes, The following ordinance was considered: NO. 98.274 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR RESEARCH PARKWAY/WOODROW LANE IMPROVEMENTS; RESEARCH PARKWAY WATER/SEw'ER IMPROVEMENTS; PROVIDING FOR THE EXPENDITUitE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2248 - RESEARCH PARKWAYAVOODROW LANE IMPROVEMENTS; RESEARCH PARKWAY WATER AND SEWER IMPROVEMENTS; AWARDED TO JRJ PAVING INC, IN THE AMOUNT OF $957,575.60) i Young motioned, Burroughs seconded tr adopt the ordinance. On roll vote, Beasley "aye", A Bum ughs "r-c", Cochran "nay", Durance "aye", Kristoferson "aye", Young "aye", and Mayor Mill,x "aye". Mr wn carried with a 6.1 vote. 16, The Council considered adoption of a7 ordinance accepting competitive bids and providing rer the award of a public workscontract for ofrsile water and sewer utilities and lift station-Highway 380 improvements; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2255 - Highway 380 utility improvements-LaDclta Excavating Co. for $239,505.00) ' a I City of Denton City Council Minutes September 15, 1998 Page 17 Council Member Cochran slated that he wanted public clarification on this issue. He asked what would be the infrastructure cost to the City for the United Copper plant. He qut-,tioned Ii others would also benefit from this project. Jill Jordan, Director of Water/Wastewater, stated flu t this project would open up additional frontage along the road that others could lia into. This was part o: the development plan line program in which businesses that had a nil benefit were allowsl to participate in the program. United Copper met those requirements. Revenues, property taxes tend sahx taxes were looked at over a five year period and using that, a net benefit of $347,000,A ra deennined. The following ordinance was considered: N0.98.278 AN ORDINANCE ACCFPTiNG COMPETSTIVE BIDS AND PROVIDING FUR THE AWARD OF A PUBLIC WORKS CONTRILC7 FOR OFFSITG WATER AND SEWER UT'1LI7IES AND LIFT STATION-HIGIIH'A'f 380 IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THERE FOR; AND PROVIDING AN EFFECTIVE DATE. (BID 02255 - HIGHWAY 380 UTILITY IMPROVI-NIENTS AWARDED TO LADELTA EXCAVATING CO. IN THE MIOUNT OF $239,505.00) f Young motioned, Beasley seconded to adopt the ordim nee. On roll vote, Beasley "aye', am -roughs `aye', Cochran "nay", Durranca "aye", Kristoferson Young "aye", and mayor Miller "aye". Motion carried with a 6-1 vole 20. The Council considered adoption of an orlina ice accepting compeWivo bids and providing for the sward of a public works contract for a bore tsid Installation of 18" easing and conduit on University Drive west of Gecsiing; providing for the expenditure of funds th-refor, end providing an effective date, (Bid 02263 -Bore and IrWallatioit of 18" Casing and Coneuit University Drive west of Gecsling awarded to Dickerson Conatructtoi in the amount of $19,601►.00) ` Council Member Cochran questioned if th s was only for United Copper or would it help other citizens as well. Sharon Slays, Director of Elcotric Utilities, statr! thtl this would be dedicated only for United Copper. The following ordinance was considered: NO. S8.282 AN ORDINANCE ACCEPTING COMP9TITA BIDS AND PROVIDING FOR THE ! r (j~ ~ c AWARD OF A PUBLIC WORKS COMCRAC f FOR A BORE AND INSTALLATION OF 18" CASING AND CONDUIT ON IX\*ERSIT'Y DRIVE WEST OF GEF,SLFNO; PROVIDING FOR THE EXPENDITU0 OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 02263 - BORE AND FNSTALLATION OF 18" CASING AND CONDUIT UNIVERSITY DRIVE WEST OF GEF.SLING AWARDED TO DICKERSON CONSTRUCTION IN THE AMOUNT OF 519,600.0(1) l C III City of Denton City Council Minutes September 15, 1998 Page 18 Young motioned, Bum,ughs seconded to adopt the ordinance. On roll v)te, Beasley "aye', Burroughs "ayc", Cochran "aye", Durrance "aye", Kristoferson "aye', Young "aye", and Mayor Miller "aye", Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 36. The Council considered approval of a resolution amending and replacing the current tax abatement policy of the City of Denton to establish guidelines and criteria governing tar abatement agreements; and declaring an effective date. Linda Ratliff, Economic Development Director, stated that the amendment to the current policy required a supermajority vote for approval Durrance motioned, Burroughs seconded to approve the resolution. Council ,Member Young stated that lie would he voting against the motion as raising the limit would eliminate any businesses interested in Denton. It also discriminated against smaller businesses. Council Member Cochran stated that he would be voting against the motion. Some criteria In the policy seemed to not have any performance measures, He would like to see language in the policy I regarding art donations. He suggested that the length of the abatement should be tied to a r mtract with the Denton Municipal Utilities, Ile felt that there was too much reliance on the decisions of the Tax Abatement Committee on which the City did not have a majority vote. Others on the Committee had different agendas from the City. i Council Member Burroughs stated that the City had had the policy for a number of years with only two applications -one approved and one withdrawn. Both easily qualified with the $10 million cap. This policy was far better than the current policy. Council Member Durrance stated that the review of this policy was started in October of last year. One issue the Committee had to deaf with was how to best grant the abatement, Council had also discussed this proposal in two work sessions. He felt the flexibility of the proposed amendment allowed for the attracting of the kinds of businesses needed In Denton. The proposed policy needed to be adopted to assist economic development In Denton. Mayor Miller stated that an abatement was a tool used to compete with other cities, If the proposed amendment was not passed, the current policy would have to be used until the year 2000. Mayor Pro Tcm Beesley felt the amonded policy was a much better policy than the current policy. It provided much more information nbout a company and the application form was better. She felt i there should be a significant investment in the community before a tax abatement was granted. f l~ , Council Member Young called the question. i On roll vote to approve the resolution, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Krisloferson "aye", Young "nay", and Mayor Miller "aye". Motion failed with a 5.2 vote as a supcrmajority vote was required. c i City of Denton City Council Minutes September 15, 1998 Page 19 37, The Council considered adoption of an ordinance of the City of Denton, Texas extending eleven contracts between the City of Denton, Texas and the noted current recipients of Hotel Occupancy Tax ("HOT") funds; and prescribing an effective date. Kathy DuBose, Assistant City Manager for Finance, stated that this ordinance would extend the eleven contracts that were for the current fiscal year. The extension would be until the end of the calendar year. The following ordinance was considered; NO. 98.295 AN ORDINANCE OF THE CITY OF DENTON, TEXAS EXTENDING ELEVEN CONTRACTS BETWEEN THE CITY OF DENTON, TEXAS AND THE NOTED CURRENT RECIPIENTS OF HOTEL OCCUPANCY TAX ("HOT") FUNDS; AND PRESCRIBING AN EFFECTIVE DATE. Young motioned, Cochran seconded to adopt the ordinance. On roll vote, $easlcy "aye', Burroughs "aye", Cochran "aye", Durrance "aye, Kristoferson "aye", Young "Aye", and Mayor Miller "aye". Motion carried unanimously. 38. The Council considered adoption of an ordinance vacating certain public utility easement located on Lot 1, Block I of Londonderry Addition as recorded in the Plat Records of Denton County, Texas, at Cabinct F, Page 334; and providing for an effectivc date. (The Planning and Zoning Commission recommended aphrovPl 64) The following ordinance was considered: NO. 98.296 AN ORDINANCE VACATING CERTAIN PUBLIC UTILITY EASEMENT LOCATED ON LOT 1, BLOCK I OF LONDONDERRY AUDITION AS RECURDED IN THE PLAT RLCORDS OF DENTON COUNTY, TEXAS, AT CABINET F, PAGE 334; AND PROVIDING FOR AN EFFECTIVE DATE, Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Dutrance "eye", Kristoferson "aye', Young "aye", and Mayor Miller "aye". Slotioa carried unanimously. 39. The Council considered adoption of an ordinance abandoning an 18-foot alley recorded in the Deed Records of Denton County, Texas at Volume 99. Page 230, located approximately 145 feet A south of and parallel to West Prairie Street, between Pierce Street and South Carroll Boulevard; and providing for an e(fmilve date. (The Planning and Zoning Commission recommended approval 7.0.) 1 he following ordinance was considered: r s t I t City of Denton City Council Minules September 15, 1998 Page 20 NO. 98-297 AN ORDINANCE ABANDONING AN I $-FOOT ALLEY RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 99, PAGE 230, LOCATED APPROXIMATELY 145 FEET SOUTH OF AND PARALLEL TO WEST PRAIRIE STREET, BETWEEN PIERCE STREET AND SOUTH CARROLL BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye', Durance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 40. The Council considered adoption or an ordinance approving a real estate contract between the City of Denton and Emory D. Groen;ng, relating to the purchase of 0,075 acres of land for the expansion orU.S. Highway 77; authorizing the expenditure of funds therefore; and providing an effective date. (The Planning and Zoning Commission recommended approv %17.0.) The following ordinance was considered; NO. 98-298 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND EMORY D. GROENING, RELATING TO THE PURCHASE OF 0.075 ACRES OF LAND FOR THE EXPANSION OF U.S, HIGHWAY 77; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs r "ayc'", Cochran "aye", Durance "aye', Kristoferson "aye", Young "eye", and Mayor Miller "aye". Motion carried unanimously. 41. The Council considered adoption of an ordinance of the City of Denton, Texas, amending Chapter 24 of the Code of Ordinances of the City of Denton regarding solid waste; amending Section 24.2 to provide a definition for'bulky household iteme'; amending Section 24.5 to prohibit the use of another's solid waste container without consent; amending Section 24.6 to provide standards for the proper disposal of solid waste In a solid waste contalner; providing for a severabitity clause; providing for a savings clause; providing for a penalty clause; providing an effective date; and providing for publication. I I he following ordinance was considered: NO. 98-299 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON REGARDING SOLID WASTE; AMENDING SECTION 24.2 TO PROVIDE A DEFINITION FOR "BULKY HOUSEHOLD ITEMS"; AMENDING SECTION 24.5 TO PROHIBIT THE USE OF ANOTHER'S SOLID WASTE CONTAINER WITHOUT CONSENT; AMENDING ~ c M I City of Denton City Council Minutes September 15, 1998 t' Page 21 SECTION 24-6 TO PROVIDE STANDARDS FOR THE PROPER DISPOSAL OF SOLID WASTE IN A SOLID WASTE CONTAINER; PROVIDING FOR A SEVERABILiTY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING AN EFFECTIVE LATE; AND PROVIDING FOR PUBLICATION. Burroughs motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye', Durance "aye", Kristoferson "eye", Young "aye", and Mayor Miller "aye Motion carried unanimously, 42. The Council considered adoption of an ordinance providing for the continuation of the P•L-U•S One Program to solicit charitable contributions through the Utility Department to help utility customers who are facing termination of stnices due to financial hardship, by the adoption of guldelines for the program; authorizing the City Manager to execute a contract with Interfaith Ministries of Denton, Inc, to rdminlster the program; and providing for an effective date. The following ordinance wes considered: NO. 98.300 AN ORDINANCE PROVIDING FOR THE CONTINUATION OF THE P•L•U•S ONE M PROGRAM TO SOLICIT CHARITABLE CONTRIBUTIONS THROUGH THE UTILITY DEPARTMENT TO HELP UTILITY CUs"rOMERS WHO ARE FACING TERMINATION OF SERVICES DUE TO FINANCIAL HARDSHIP, BY THE ADOPTION OF GUIDELINES FOR THE PROGRAM; AUTHORIZING THE CITY MANACER TO EXECUTE A CONTRACT WITH INTERFAITH MINISTRIES OF DENTON, W(l. TO ADMINISTER THE PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATF Burroughs motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "eye', Burroughs "aye', Cochran "aye', Durrance "aye", Kristoferson "aye", Young "aye', and Mayor Miller "aye". Motion carried unanimously, 43. The Council considered adoption of an ordinance of the City of Denton, Itxas adopting "Impact Fees" by amending Chaptcr 26 "Utilities" of the Code of Ordinances; establishing water and wastewater Impact fees; providing for the assessment and collection of such impact fees; adopting a capital Improvements Plan for impact fees; providing for The assessment and collection of such Impact fees; providing for refunds of collected impact fees; repealing conflicting ordinances and resolutions; providing a sevcrobility clause, a penalty not to exceed S2000,00 for earl, violation and an ctTcclivc data r Jill Jordan, Director of WaterM'eslewater, stated that an outstanding question dealt wia g payment program for the fees. Out of 14 cities surveyed, only one had such a program. The City of Austin had very detailed guidelines on who would qualify for such a program. Those qualifications included an owncr•occupant when building a homestead and was not for developers or for a business. Income guldelines were less than $20,000 per year, a statement had be to submitted that it was a hardship to pay the entire amount at one time and allowed for a live year payout period. The legal rocs, filing fees, etc, were added to the Impact fee There was a provision that If the fee was 1 t it li f City of Denton City Council Minutes September 15, 1998 Page 22 not paid, water service could be discontinued. The payment was set up as an annual payment and was not on the water bill. The following individuals spoke on this issue; Donald Silverman, 15935 Bent Tree Forest Circle, Dallas, 75248 - opposed Sands Harris, 5950 Berkshire, Dallas, 75225 • opposed Linnie McAdams, 1120 Kend 3lph, Denton, 76205 - opposed The following ordinance was considered; N0.98.301 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADOPTING "IMPACT FEES" BY AMENDING CHAPTER 26 "UTILITIES" OF THE CODE OF ORDINANCES; ESTABLISHING WATER AND WASTEWATER IMPACT FEES; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF SUCH IMPACT FEES; ADOPTING A CAPITAL IMPROVEMENTS PLAN FOR IMPACT FEES; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF SUCH IMPACT FEES; PROVIDING FOR REFUNDS OF COLLECTED IMPACT FEES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE, A PENALTY NOT TO EXCEED S2000,00 FOR EACH VIOLATION AND AN EFFECTIVE DATE, Beasley motioned, Krisloferson seconded to adopt the ordinance. Council Member Young felt that these fees were too hard on lower income people, The Council needed to stop and start again with this proposal. Council Member Cochran stated that he was in favor of impact fees as they would take the burden off the ratepayer where it was now. The ratepayer had been paying the bill for needed improvements and the proposal would be saving money for every ratepayer in the City. This program would help with the building of non-profit housing in Denton. He offered a friendly amendment to include the payout option in the ordinance, Mayor Pro Tem Beasley stated she meant her motion to included that option. City Attorney Prouty slated that the staff had recommended removing the term "developer" and qualifying it as a homestead, The time frame fur payout still needed to be determined. Council Member Kristoferson stated that she did not agree with the amendment and asked for a separate vote on the amendment. Cochran motioned, Young seconded to amend the motion to state "the owner of an owner-occupied single- fancily homestead housing unit" with a payout provision of five years and the five year average ofthe T-bill rate, On roll vote of the amendment, Beasley "aye", Flurroughs "aye", Cochran "aye', Durrance "nay", Krislofcrson "nay", Young "aye", and Mayor Miller "nay". Motion carried with it 4.3 vote. t l I City of Denton City Council Minutes September 15, 1998 Page 23 On roll vote of the main motion as amended, Beasley "aye", Burroughs "aye', Cochran "aye", j Durrarce "aye', Krisloferson "aye', Young "nay", and Mayor Miller "aye". Motion carried with a 6.1 vote. 44. The C )until considered approval of a resolution creating an Affordable Housing Impact Fee Gram Program. Kay Branum stated that if Council adopted this program she would urge them to find permanent funding for the program. The following resolution was considered: NO. R99-052 A RESOLUTION CREATING AN AFFORDABLE HOUSING IMPACT FEE GRANT PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Kristoferson seconded to approve the resolution. On roll rote, Beasley "aye", Burroughs "aye", Cochran "aye', Dummce "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. i 45. The Council considered approval of a resolution supporting a grant to Keep Denton Beautiful from the Texas Forest Service Dave Hill, Director of Planning and Development, stated that Texas Forest Service had awarded Keep Denton Beautiful a grant to digitize the existing tree survey information. This was a local In. kind match grant, The following resolution was consider.]: NO. R98.053 A RESOLUTION SUPPORT INU A GRANT TO KEEP DENTON BEAUTIFUL FROM THE TEXAS FOREST SERVICE, Kristofcrson motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "ayc", Cochran "aye", Durrance "aye", Kristofcrson "aye", Young "aye, and Mayor Miller "ayc'". Motion carried unanimously. 46.1Ec Council considered adoption of an ordinance of the City of Denton, Texas, approving the r 1998 lax rolls; and providing an effective dale. a, r This item was pulled from consideration. 47. The Council considered nominations and appointments to the City's Boards and Commissions. There were no nominationslappointments al this meeting. c: City of Denton City Council Minutes September 15, 1998 Page 24 48. Miscellaneous matters from the City Manager. i City Manager Jcz did not have any items for this meeting. 49. New Business The following items of New Business were suggested by Council Members fw future agendas: A. Council Member Young noted that there was r. damaged manhole cover at 1813 "Vestminster. $0.7here was no continuation of Closed Meeting under Sections SSI.071-551.085 of the Texas Open Meetings Act. $1, There were no official action taken on Closed Mating items held under Section 551-011- 551.085 of the Texas Open Meetings Act. I With no further business, the meeting was adjourned at HO l0 a.m. i E JACK MILLER, MAYOR CITY OF DENTON. TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS e I CITY OF DEN'rON CITY COUNCIL MINUTES SEPTEMBER 21, 1998 The Couticil convened into a Work Session on Monday, September 21, 1998 at 4:00 p,m. in the City Cousuil Work Session Room at City Hall PRESENT: Mayor Miller; Mayor Pro Tom Beasley; Council Members Burroughs, Cochran, Kristoferson, and Young. i ABSENT: Council Member Durrance 1. The Council discussed and refined the City Council five-year goals and upcoming year priority targets and the associated benchmarks for success. Lyle Sumek, Facilitator, reviewed the outcomes from the initial planning session held In May, Those included Denton 1999 target refincntents and work program, Denton 2004 goal refinements and definitions, and enhanced Council effectiveness. The agenda for this meeting would include keys to Council effectiveness, targets for Action for 1994, the Council in action, goals for Dentnn in 2004 and planning for the next six months. A progress report was completed regarding the Council's top priority items for 1998. 1. Affiirnative Action Policy - the plan had been completed and was ready for implementation. i 2. Electric Deregulation - the strategy for deregulation was completed and staff was working on implementation. Lalor Funding - the process for this year was completed. Criteria for future yeah ` f funding would be developed. 1 4. Robson Development - this item was currently in progress. 5. Budget for IS99 - the budget process had beer. .ompleted, 6. CIPoBond Program - A committee would be formed In the sp,9ng with a January 2000 election date. 7. Impact fees - the first phase had been completed. Further work was needed on water/wastewater transmission, roadways, and drainage fees. These should be brought before Council before the first of the year. 8. Comprehensive Plan - The plan was close to the target dates set earlier. Sumck reviewed the proposed Council targets for 1999: 1. Economic Development Evaluation and Direction - Mike Jet indicated that parts of each itcni h.1d been considered and staff was at different places on each item. He felt there was a need to begin with the end in mind and felt that staff did not have a clear understanding of where the Council wanted to go wi'h this item. He requested it clear direction on where to go with this item and the kind of process to use on Fill of the Issues. ` r i City of Denton City Council Minutes September 21, 1998 Page 2 Council Member Kristoferson stated that one of the processes should be the process of bringing business to Denton and how to proceed with that. i Council Mcd.)er Cochran suggested examples of effective techniques other communities had t,^.a that worked for business relocation. He felt there was no concrete answer on how to do it. He suggested obtaining economic development fnitiati%cs from other communities. City Manager )ez felt that rather than trying to get examples of what worked in a broad area of economic development, staff needed a definition of economic development from Council and what Council wanted staff to do in terms of economic development. Mayor Pro Tern Heasley felt that the questions might be how much money the City wanted to spend on economic development, how much staff would be needed to be devoted to economic development, and should the City or the Chamber fund economic development, She felt there was a basic policy problem with the issue. Council Member Young felt that decisions by Cot ncil had placed constraints on economic development and had negative impacts on economic, evelopment. He suggested an analysis on Council decisions regarding the Impact on economic development such as the Impact fees, the park fees, and billboards restrictions. Council Member Durrance arrived at the meeting. Council Member Hurroi:ahs felt that marketing Dentin meant spending money. The City had deferred to the Chamber for much of this information about the specifics on attracting business. j There had been no concrete plan before twat. I Mayor Miller felt that there needed to be a decision on what the City wanted from economic I development. The City needed to work with Individuals who owned large tracts of land in Dcntcn to determine if what they wanted to do was compatible with Denton's goals. An economic development action plan was suggested: I , An assessment of the current progrant Dol l ars spent Staff City's role Chamber's role Chamber's goals and performance Review of the market r ' Tools available to cities What was needed as a community 2. Establishment of a clear policy direction and guidelines Outcome based goals Types of available career based job opportunities t. i City of Denton City Council Minutes September 21, 1996 Page 3 3. Methods What Denton was currently doing What other cities were doing that worked What types of industry did Denton need 4. Development of a market plan with an appropriate City role Land owners Private developers A positive approach 2. Annexation policy and planning - this would be incorporated into the comprehensive plan. Key action steps Included testing the underlying assumptions for annexation, identifying the probiemslconcerns/issu:s, and defining the annexation goal and outcome. It would be necessary to develop a strategy to get to that outcome which would be specifie to Denton. State legislatior should be monitored and a legislative strategy should be developed. Council Member Durrance felt that something needed to be done by the end of the year so as to be ready for the upcoming legislative session. He had asked in July for i, resolution m8arding annexation for Denton and felt that there was a need to have a policy In place for Denton to take to Austin. It would be necessary to show that this was a problem for all size cities. He suggested the completion ore policy statement on annexation before January 1999. Mayor Prom Tent Beasley felt that the comprehensive plan should be completed first. Rick Svchla, Deputy City Manager stated that an annexation plan would be part of the comprehensive plan. Council would see the first portion of this in January. There would be time to complete rite plan before the Legislature was in full awing. That plan could be incorporated ' into the completion of comprehensive plan. Consensus of Council was to include an annexation plan in the comprehensive plan and to incorporate how Dcnton's position compared to TML's position, 3. City Charier Review - this item was scheduled for a work session briefing. City Attorney Prouty stated that the key point of this issue would be how much to Limit and the scope of changes. This could be along and complex process unless Council decided to pinpoint areas of concern. 4. Revise zoning Rick Svchla, Deputy City Manager, stated that staff was currently working on corridor overlay r \ r districts. Mayor Pro Tent Beasley again stated that the comprehensive plan should be done tint and then the zoning ordinance. S. Tax Abatement - this item had been completed. h U City of Denton City Council Minutes September 21, 1998 Page 4 6. Neighborhood integrity City Manager ]ez mated that the ! mall area planning staff was work! ^g with the Fry Street area for a plan for that area. 7. Boards and Commissions Review and Revision - items to be considered included qualifications of membership and the appropriateness of those qualifications. Mayor Prom Tem Beasley suggested evaluating the possibility of eliminating boards that were no longer viable. City Attorney Prouty stated that any Council decision regarding qualifications might decrease the amount of citizen participation on boards. If the Council wanted more participation on boards it would be best to eliminate unnecessary criteria for membership. Sumck felt that it might be easier to have a task force rather than aboard or commission. Thcre might be more citizen involvement with an issuespecific task force than aboard or commission. Consensus of Council was to have staff review the City's boards and commission for attendance, purpose, accomplishments, legal requirements, etc, S. Airports Expansion sad Development - this item would be considered at the September 2214 work session. 9. DensityNestcd Rights policy direction City Attorney Prouty stated that the last session of the Legislature repealed the vested rights statute. It probably would be re-enacted in this session as it was an oversight that it was originally repealed, Council Member Kristoferson stated that the Issue of density was not discussed in the overall policy and suggesled Including it in the comprehensive plan, Consensus of Council was to incorporate the Issue into the comprehensive plan, monitor the 1999 legislation and make decisions on methods to use to implement the density issue in the comprehensive plan. i Council Member Young left the meeting. Council discussed operational Procedures of the Council and council meetings. < Mayor Pro Tem Beasley felt that the majority ruled on Council and once a decision had been made and a vote taken, that unless new Information presented itself, Council should move on from that issue. A councilperson should not go back to staff to go around the issue or start new research on the issue as that plr.ced staff in a difficult position. c I M f i City of Denton City Council Minutes September 21, 1998 i Page S Sumck suggested that pal of Council's house rules might be that the majority ruled. Once Council made a decision and provided direction to the City Manager, the Manager should follow through with that direction unless there was new information. He also suggested that when one Council Member requested information, it be shared with the entire Council. Council Member Cochran commented on personal attacks. [to stated that arguing facts with opinions was reasonable but felt that at times opinions were being ridiculed in an inappropriate manna. Sumck suggested that tho Council present an opinion but avoid personal attacks, etc. Council also needed to project a positive image. If a member had a problem, it should not be played out In the Council meeting but rather should be done on one-to-one basis. Council Member Krlstoferson questioned how to positively bring up concerns on issues aril not Ki a them related to personalities. Sumck suggested bringing them up as issues or proldems that needed to be addressed. Place the issue in a policy cortext rather than in a negative context relative to the City. Mayor Miller stated that carrying out such a procedure would be the hard part and would be f difficult to implement, He stated that Council should not revert to threats when an Isitie or vote did not go in a certain direction. Council Member Durrance stated that Council should have issue-oriented discussions. The Council should follow Roberts Rules of Order. Sumck voted that the Council indicated that there was a need to speak to the issue, to be concise ' when speaking and avoid repeating comments and not play to the audience, Mayor Miller asked how the chair wo.+id address that issue. Sumck stated that the chair needed to be supported by others. Mayor Miller questioned if there needed to be a rule on how to formally control the continued speaking to an item for a secon&third time by it member. Sunnek stated that it was the collective responsibility of the Council to call attention to that point of process. Council Member Cochran stated that if Council were discussing issues, one point was to respond to issues raised by another council member, Ile suggested placing more ~tgular items on the t+ e work session agendps such as consent agenda items. Sumck felt that the work sessions should be used effectively to discuss Issues. He felt this was the plice to deal with some of the discussion of items placed on the regular session. Council Member Durrance felt that pulling consent agenda items to discuss then. only for a c. i t City of Denton City Council Minutes September 21, 1998 Page 6 I personal reasons should not be done. Sumck suggested that everyone would receive one chance to speak on an item with a second brief follow-up with additional comments. City Manager Jez stated that if all of the Council spoke for four minutes the first time on an item and two minutes a second time, that would be a2 minutes of council discussion per issue with no staff presentetion or public comr..ents. More of the Council was speaking on each item each time. Consensus of Council was to limit debate with a four minute Initial discussion by each member as a guideline and a two minute fallow-up as a rule. The rules could be suspended with a majority vote. A guideline for the Consent Agenda would be to pull the item if a member wanted to vote against a particular item. If further clarification was needed it would not be pulled off but rather discussed first and then voted on with the rest of the items. Staff would implement starting the regular meetings at 6:04 p.m. instead of 7:00 V M. Other council suggestions for the meetings Included limiting staff presentations as Council should come to the meetings prepared to discuss the items and not have to hear the backgruund on the items at the meeting. City Manager Jez suggested restricting people from the audience on the dais and Individuals should not directly hand out information to the Council. He felt there needed to be more security measures for the Council and audience to follow. Sumck stated that he would draw up all of these suggestions into a document for formal Council consideration. i With no further business, the meeting was adjourned at 9:00 p.m. i JACK MILLER, MAYOR CITY OF DENTON, TEXAS X JENNIFER WALTERS CITY SECRETARY f I{ CITY OF DENTON, TEXAS r CITY OF DENTON CITY COUNCIL MINUTES September 22,1998 ~a After determining that a quorum was present and convening in an open meeting, the City Cc .tcil convened in a closed meeting on Tuesday, September 22, 1998 at 5:15 p,m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller, Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, T x,, ante, Krisloferson, and Young. ABSENT: None 1. The Council convened into a Closed Meeting to discuss the following: A. Conference with Employees - Under TEX. GOV'T, CODE Sec. 551.075. The Council received informatian from employees during; a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Special Called Meeting on Tuesday, September 22, 098 at 6:00 p.m. in the Council Work Session Room at City Itall. PRESENT: Mayor Miller, Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT: None 1. The Council considered adoption of an ordinance of the city of Denton, Texas, approving the 1998 tax rolls; and providing an effective date. The following ordinance was considered: NO. 98-302 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1998 TAX ROLLS: AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and l layor Miller "aye". Motion carried unanimously. Following the completion of the Special Called Meeting, the Council convened into a Work Session. PRESFNr: Mayor Miller; Mayor Pro Tom Beasley; Council Members Burroughs, Cochran, Durrance, Kristofcrcon, and Young, ABSENT: None I, The Council received a report and held a discussion regarding an update on the Year 2000 project, i r I City of Denton City Council Minutes September 22,1993 Page 2 Alex Pettit, Director of information Services, stated that the objective of the Dentor, 2000 initiative j was to ensure that the City's systems and service deliveries would function beyord the millenium change. Success meant that computer systems would accurately process, store and report data up to, during, and beyond the year 2000; and that day-to-day business practices would continue as usual through the change of the century. lie reviewed the brochure and notebook included in the agenda materials. Council Member Cochran asked what was a mission critical issue. Pettit stated that each department found what' issues might be critical to its operation such as the Parks Department and the physical operation of the pool. Those issues were focused on for initial compliance. Ray Wells, Superintendent of Substations, Marketing, and Communications, presented an overview of the agenda materials dealing with the electric side of the Y2K compliance. Council considered Item 44. i 4. The Council received a report and held a discussion concerning the business and development activities, Texas Department of "ransportation grant projects, and future growth and development of the Denton Municipal Airport. Mark Nelson, Airport Manager, stated that the Airport had experienced significant aircraft and commercial development in the past five years. The Denton airport was considered a Bever airport and provided a field for smaller aircraft and relieved congestion of the Dallas-Fort Worth Airport. Ile reviewed the activities at the Airport, the number of employees, the corporations that used the Airport, and the current tenants at the Airport. At present, the Airport did not have a r>ntrol tower which could be a source of concem in the future for safety. Another major issue was the purchase of property to the north for future expansion of the runways. The property would have to be purchased for such an expansion and would include approximat dy 5$ acres of land. The final issue was the construction of a new terminal building. The current facility was abo-j! 1200 square feet a "d was built in the late 1960's. A grant match was a possibility to help with the building costs of a nt N terminal building. The terminal building was considered as a gateway to the community. A nMv terminal building could also provide space for conferences for people flying in and out of the airport, Council Member Young asked if tbcre were any plans to build a tower and if so, what would be the time frame. Nelson stated that the 1994 Master Plan indicated a control towerbcMvcn 1993 and 2003. At this point in time, a temporary facility with limited air traffic control services was being considered. ~i A , Council Member Durrance asked if a longer runway was planned. Nelson stated that it was in the Master Plan for the future. Council Member Young felt it was very important to have a tower at the Airport as soon as possible both for economic development and safely reasons. 1 City of Denton City Council Minutes September 22, 1998 Page 3 Mayor Pro Tem Beasley asked about the possibility of bond money for future development at the Ai rport. Rick Woolfolk, Chair-Airport Advisory Board, stated that the Board recommended moving forward wit't the land acquisition for the extension of the runway. It r1so suggested using C1P funds for some of the improvements. 2. The Council received a report, held a discussion, and gave staff direction concerning the continued participation in the Lake Chapman Water Supply Project wit} he Upper Trinity Regional Water District. Jill Jordan, Dir ctorof WatcdWastewaterUtilities stated that the City ht~'received a letter from the UTRWD asking for a response within 45 days whether or not the City wa !rd to remain in the project. There were three major water suppliers for the DFW area; the Dallas 1i .:ter Utilities, the North Texas Municipal Water District and the Tarrant Regional Water District. For many years, Denton was a customer of the Dallas Water Utilities. In 1991 the City entered into acontract with the UTRWD for the Chapman Project. Denton's share was only 2mgd that was not a great deal of water. The question now was whether to stay in the project for it was now when the capital costs would incur. The City hired Freese and Nichols to help determine whether to stay in the project. The staff recommendation and the recommendation from Freese and Nichols indicated that the City should not stay in the project. Tom Gooch, Freese and Nichols, stated that his assignment was to review Rust population projections, detennine when Denton might use Chapman water, meet with Dallas Water Utilities, discuss reuse with TNRCC, review other sources of supply, estimate cost of Chapman water and report to Denton on his findings. lie reviewed he history of the Lake Chapman project and the UTRWD's plans for delivery of its water from Lake Chapman as detailed in the back-up materials. Because Denton's projected demands exceed the amount of water available from current sources and from Lake Chapman. Denton would have to develop other sources of raw water whethc, or not the City participated in the Lake Chapman project. Other potential sources of raw water included the Dallas Water Utilities, Lake Texoma, New Bonham Lek:, or George Parkhouse Lake. Purchasing raw water from Dallas Water Utilities would be significantly less expensive than any of the other alternatives. Bringing water from Lake Texoma would be less exp-nsive than the development of a new water supply reservoir. Gooch rcwicwcd a comparison of costs with and without Lake Chapman as noted in the agenda materials. Key factors in the economic analysis of the Lake Chapman project included whether Denton could extend its raw water purchase contract with Dallas Water Utilities beyond 1015, what DWU charged for raw water in the future, whether UTRWD could obtain a reuse permit for Lake Chapman water, whether UTRWD would purchase t)cnton's Lake Chapman water in the years before 2015 when Denton could not use it, and whether Irving charged a ice for UTRW D's use of its raw water transmission facilities Crum Lake Chapman after the bonds were paid off. An analysis with most likely assumptions were that there would be no reuse of take Chapman water, the UTRWD would purchase Denton's unused Lake Chapman supp J r 1' ` at the D WU raw water price from 2009 until Denton need:d all of the water, Irving would not charge a fec for water transmission facility use alter the bonds were paid off, Commerce would not reacquire water, and the DWU's raw water rate would increase by 3.0 percent per year from the projected 2012 level, The amount of water from Lake Chapman was small and not critically important to Denton. A critical need was to renew the DWU contract and if the contract could not be renewed, the City would need over a 40nrgd water supply by the year 2050. 4 I t: t i 11r I City of Denton City Council Minutes September 22, 1998 Page 4 Council Member Burroughs questioned if rejection of the project would take Denton out of the east Texas water supply. Jordan indicated tIM if Denton needed wa!,r, that contract could still be activated. The altemative for Chapman was Dallas Water Utilities She Dallas water supply was unlimited with no cap while the Chapman project was for only 2mgd In the past it was considered important to have be a player in the east Texas water supply. Now new legislation that opened that area and the need was no longer as great. Consensus of Council was to follow the staff recommendation. 3. Tne Council received a report, held a discussion, and gave staff direction regarding zoning notification procedures. Dave Hill, Director of Planning and Development, stated that at the May work session Council discussed signs for zoning changes. He presented the various opticns for the signs for Council to consider. He indicated that the cost of the proposed sign would be $200 and the hiring of a new person to administer the program, A request had been made by Council to look for a more reasonable option. He showed a sign used in Lewistille for zoning change requests. A final option was what was used in Flower Mound. A developer needed to go to a vendor and purchase fi•e signs and was responsible for installing them. Staff was recommending the City-statTed core-tex sign with metdl frarae option. The City would coLect the fee at the time of application and the City would install and take down the signs. The signs would remain the property of the applicant rind the frames would remain the property of the City. Staff recommended the implementation of the following public hearing notification procedures (1) legal notice of public hearing would be published in the { local newspaper as per state law, state-required 200 foot legal notice would be delivered via certified mail, courtesy notices would be delivered to resident/occupants located between 200 and 500 feet of the public hearing property via first class mail, the city-staffed core-tex sign option would be implemented using only two different signs and the public hearing notification improvements would be implemented starting January, 1999. Consensus of Council was to follow the staffs recommendations. With no further business, the meeting was adjourned at 8:45 p.m. JENNIFER WALTERS JACK MILLER, MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS r ' -A> J . , ,I l CITY OF DENTON Ci jY COUNCIL MIN AS , October 6, 1999 After determiningg that s quorum wss~~ ppre ent acrd convening in an opep meeting, the City Council convened in a Closed1~eting on ftf8s~ay, October b. 1949 ill:dS lS.m. In the Council Work Session Room at City ya 1. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; 6uncil Members Burroughs, Cochmo, and Young. ABSENT: Council Member Durrance and Kristoferson 1. The Council considered the following in Closed Meeting: Ar Conference with Emplu)ces - Under T~X. QQV'T'. CODE Sec. 531.075. The Council received information from employees during a staff conference or briefing, but did nol deliberate during the conference. B. beliberations regarding Real Property - Undet 1 EX, GOWT. CODE Sec. 55L072 1. The Council considered and discussed acquiring right-of--way for Scott Street ldewalks between r6rley Street and Morris Street in southeast Denton nciuding the possibility of condemnation. Council Member Durrance arrived during the Closed Session. The Council convened Into a Regular Meeting on Tat,.. day, October 6, 1998 at 7:00 p.m. in the Council ChAmbers of City Hall. j PRESENT: Mayor Mille; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, and Young. t; ABSENT- Council Member Kristorerson I r Pledge of Allegiance The Council and members of the audience recited the Pledg: of Allegiance to the U.S. and Texas flags. 2. The Council considered approval of the minutes of June 7, June 16, July 15. July 21, and July 28, 19981 Durrance motioned, Beasley seconded to approve the minutes. Council Member butro i It holc+;♦ #yhogtaphlcal error in the minutes of July 21, page 16, Item 30. The figure should be 3d~pounda ~Ad hill 3p poudds, On roll vale orthe minutes as corrected, Reasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", anj h{Ayot h;Eller "iye", Motion carried unanimously, t N c. I t City of Denton City Council Minutes October 6, 1998 Page 2 PRESENTATIONS/AWARDS 3. Proclamations Mayer Miller presented the following proclamations; i National Business Women's Week Domestic Violence Awareness Month Fire Prevention Week Public Power Week Keep Denton Beautiful Adopt•A-Spot Month 4. Cktober Yard-0f--the Month Awards Mayor Miller presented the following October Yard-of-the Month awards; Tim, Kathi and )ackyln Randolph Roberta G. Arnold Avonlea Homes and Middour Landscapes Paces Crossing Apartments } The Denton Opera House-Downtown Business Award 5. United Way Present ','on Dema Ortiez stated that the City had participated in the Pace Setter United Way program this year and won the Pinnicle award. Employees who participated in the cag4aign for each depattn ent were presented awards for their participation. CITIZEN REPORTS 6. The Council received a report from Nell Yeldell regarding the inrbility to receive tax records. Ms. Yeldell questioned the method of appraisal for her home and the homestead designation on property. She felt it should apply to her property. Mayor Miller asked City Manager's office to contact Ms Yeldell, Property appraisal and homestead designations were done by Denton County and not by the City. 7. The Council received a report from Dessie Goodson regard;ng the City of Denton Police Department. Ms. Goodson stated that on September i 1" she went to the Court Reporters Office to get a copy of r 1 f her transcript of her trial, No one was there so she waited for someone to arrive. A Police officer came to the office and told her to leave as she was in criminal trespass. She had to go to jail and her shirt was tom in the jail by an officer. She could not g t her medicine for her seizure. She also accuecd the ofT'icers of pulling on her left arm and hurting her. She demanded an Investigation on her arrest. c, f City of Denton City Council Minutes October 6, 1998 " Page 3 NOISE EXCEPTIONS 8. The Council considered a request for an exception to the noise ordinance for Cooper Creek United Methodist Youth Ministry "Kids for Christ Youth Rally" to be held on Saturday, October 17, 1998 from 3:00 p.m. until 2:00 a.m. Beasley motioned, Burroughs seconded to approve the exception. Oa roll vole, Beasley "aye", Pvrroughs "aye', Cochran "aye", Durrance "aye", Young "ayo", and Mayor Miller "aye'. Motion cuTicd unanimously. 9. The Council considered a request for an exception to the noise onliaance for the Denton Main Street Association sm,A annual Pops in the Park Concert to be held Sunday, October 25, 1998, in Civic Center Park from 3 p.m. to 6:30 p.m. Cochran motioned, Beasley seconded to approve the exception. On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye", Durrance "aye", Young "aye", and Mayor MiJer "aye". Motion carried unanimously. CONSENT AGENDA Young motioned, Cochran seconded to approve the Consent Agenda and tba accompanying ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye', Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 10, fax refund to J. C. Penney's #1046-2 for $2,518,81 due to a tax liability reduction on 1996 J Supplement from the Denton Central Appraisal District on tax account #900848. It. Ordinances and interlocal ambulance agreements between the City of Dentor and the following cities for ambulance services: A. Ordinance No. 98.303 - City of Argyle B. Ordinance No. 98.304 - City of Corinth C. Ordinance No. 98-3115 - -ity of Hickory Creek D. Ordinance No. 98.306 - City of Krum E. Ordinance No. 98-307 - City of Lake Dallas R Ordinance No. 98-308 - City of Ponder 0. Ordinance No. 98-309 - City of Sanger It. Ordinance No. 98.310 - City of Shady Shores 12. NO. R98-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, t ti APPROVING THE ASSIGNMENT BY ALAN RICHEY, INC. OF A COMMERCIAL OPERATOR AIRPORT LEASE EXECUTED MAY 15, 1998 TO ROBBY RICHEY; AND PROVIDING FOR AN EFFECTIVE DATE. c f City of Denton City Council Minutes s fktobcr 6, 1998 Page 4 13. NO. 98-311 AN ORDINANCE AUTHORIZING THE SECOND AMENDMENT TO AIRPORT LEASE AGREEMENT FOR FIXED BASE OPERATION (FBO) ACTIVITY BETWEEN THE CITY OF DENTON AND TEXAS AIR CENTER, INC. (FORMERLY AIR DENTON, INC.); AND PROVIDING FOR AN EFFECTIVE DATE. I 14. NO. 98-312 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDERS #l, #2 AND #3 TO THE CONTRACT FOR RENOVATION OF DENTON CITY HALL AND MUNICIPAL COMPLEX (CITY HALL EAST) - PROJECT 11 BETWEEN THE CITY OF DENTON AND DBR CONSTRUCTION CO,; PROVIDING FOR A CHANGE IN THE CONTRACT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (BID #2144 - GENERAL CONSTRUCTION AND RENOVATION OF THE DENTON MUNICIPAL CENTER AND CITY HALL - PROJECT 11, PO 485176 TO DBR CONSTRUCTION COMPANY IN THE NET AMOUNT OF $36,804.00 DEDUCT.) 15. NO. 98-313 AN ORDNANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO AN EMERGENCY PURCHASE ORDER FOR REPAIR TO LAKE PUMP 94 BETWEEN THE CITY OF DENTON AND LAYNE, TEXAS; PROVIDING FOR AN INCREASE IN AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER #86363 TO LAYNE, TEXAS CHANGE ORDER 41 IN THE AMOUNT OF $24,336.00) 16. NO. 98-314 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A PURCHASE ORDER FOR REPAIR TO SOLID WASTE DUMPSTER CONTAINERS BETWEEN THE CITY Oi DENTON AND DUMPSTER DOCTOR; PROVIDING FOR AN INCREASE IN THE CONTRACT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (PO #86582 TO DUMPSTER DOCTOR IN THE AMOUNT OF 515,512.00) 17. NO. 98-315 AN ORUINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR AN ANNUAL PRICE AGREEMENT FOR SANITARY SEWE*' SERVICE CI EANING AND TELEVISING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 02270 - r SANITARY SEWER SERVICE CLEANING AND TELEVISING AWARDED TO NEZAT 1 AND ASSOCIATES IN THE NOT TO EXCEED AMOUNT OP $75,000.00 PER YEAR) t R. NO. 98-316 AN ORDINANCE ACCEPTING COMPETITIVE LIDS AND AWARDING AN ANNUAL CONTRACT FOR SOLID WASTE ANALYTICAL TES i ING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 1 ~ J City of Denton City Council Minutes October 6, 1998 ' Page 5 (BID #2271 - ANNUAL SOLID WASTE ANALYTICAL TESTING AWARDED TO CERTES ENVIRONMENTAL LABORATORIES IN THE ESTIMATED ANNUAL AMOUNT OF 525,000.00) 19. NO. 98-317 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASE OF ANNUAL HARDWARE MAINTENANCE FOR SPECIFIC POLICE AND FIRE RELATED MIS COMPUTER SYSTEMS WHICH 1S AVAILAB'.E FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. (PO 087886 -1NT:GRATED COMPUTER SYSTEMS INC. (ICS) IN THE AMOUNT OF $30,850.00) 20• NO. 98-318 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF CISCO SMARTNET SOFTWARE AND ACCESSORIES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION, QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE 1 OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (PO #87889 1 TO NTCS, INC. IN THE AMOUNT OF 524,510.00) 21. NO. 98-319 a AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF OFFICE FURNITURE AND ACCESSORIES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FLrNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PO #88137 TO "'RIGHT LIN`L IN THE AMOUNT OF 512,388.80 AND PO #88138 TO WRIGHT LINE IN THE AMOUNT OF 56,514.49 - TOTAL AWARD $18,903.29) 22, NO. 98-320 AN ORDINANCE OF THE CITY COUNCIL OF THE Cl CY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON 110MEBUYPR ASSISTANC'E PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF 515.000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING AN EFf ECIIVE DATE. 23. NO. 98-321 AN ORDINANCE APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON 110MEOWNER REHABILITATION PR0GRAA1 FOR THE PURPOSE OF REAUTHORIZI;.G EXPENDITURES IN EXCESS OF $15,0(v0 FOR PROJL.;TS MEETING PROGRAM GUIDELINES AND CRITERIA, t r City of Denton City Council Minutes October 6, 1998 Page 6 24. NO. 98-322 AN ORDINANCE APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON OPTIONAL RECONSTRUCTION PROGRAM FOR THE PURPOSE OF REAUTHORIZING EXPENDITURES IN EXCESS OF 515,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA. 25. No. 98.323 AN ORDINANCE FOR OPERATION OF THE CITY OF DENTON RENTAL REHABILITATION PROGRAbf AND ELIGIBILITY CRITERIA, REAUTHO'IZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA. VARIANCES 26. The Council considered approval of exaction variances from Section 34.114(5) and (17) concerning perimeter paving and sidewalks, respectively, of the Subdivision and Land Development Regulations for an 18.006-acre property. The properly was located on the southeast corner of Hobson Lane and FM 1830 (Country Club Road). The proposal was to subdivide the property into three large residential lots, ranging from 2.8 to 10 acres, and one 2.2-acre lot for office development. (The Planning and Zoning Commission recommended approval.) (Davis Oaks) Mark Donaldson, Assistant Planning Director, stated that this request applied to a recent zoning case and was a request for a variance for sidewalks and perimeter street paving. Current city requirements would require sidewalks along both roads and perimeter paving along Ho: son Lane. The Planning and Zoning Commission recommended d psNial variance requiring, the sidewalks along and adjacent to the office uses with no perimeter paving required. Staff was recommending ' sidewalks along the office zoning and perimeter pavement in the form of patching and an overlay in an amornt not to exceed $23,300 on Hobson Lane. Durrance motioned for denial of the variances. Motion died for lack of a second, \ Young motioned, Beasley seconded to approve the variances as recommended by the Planning and Zoning Commission. Council Member Cochran stated that he was concerned about the cost felt to the taxpayers for future improvements if this were granted. He preferred the staff recommendation. Mayor Pro Tom Beasley stated that she would like w have sid wvalks along the office zoning and felt that Hobson Road appeared to be in good shape and the paving was not necessary. r ' Council Member Durance felt that it was important to not grant the variances as it later would be ( e N costly to install the sidewalks for the foot traffic. On roll vote to grant 4'e variances, Beasley "aye', Burroughs "aye", Cochran "nay", Durrance "nay", Young "aye', and Mayor Miller "aye". Motion carried with a 4-2 vote. i I t I ~ I City of Denton City Council Minutes October 6, 1998 Page 7 ITEbIS FOR INDIVIDUAL CONSIDERAIRM 27. The Council considered a request to amend a portion of the approved concept plan for a planned development zone district (PD-120). A public hearing for this request was opernd and closed by City Council on September 1, 1998. (The Planning and Zoning Commission recommended approval 7-0.) (Z-93-017, North Pointe) Mayor Miller staled that this was a postpenement of a previous public hearing. There was a motion with an amendment before Council. Mark Donaldson, Assistant Planning Director, stated that at the Council's September 1° meeting, a public hearing was held regarding this request to amend the concept plan for PD-I 20. The motion was to approve the naffs recommendations that were presented. That represented a significant reduction in intensity on the land to be in compliance with the 1988 Development Plan. The biggest different was 11 units per acres as recommended by staff versus the 18 units per acre as recommended by the Planning and Zoning Commission. The difference represented approximately a 100-unit difference. Council Member Cochran questioned whether the amount of traffic generated by the site would be handled by the improvements indicated regarding the road. I Donaldson stated that the concept plan indicated three phases of the overall development of the property. The applicant agreed to keep those improvements in place and many were already completed or would soon be completed by the City or TxDot, particularly on Highway 77. The property was surrounded by arterial roads on all sides. With the improvement of the road as development warranted, it would handle the proposed development. Council Member Cochran wanted to make sure that that would be part of what would be voted on. Ile asked if that were included in the proposed ordinance. Donaldson stated that the staff recommendation included a specific list of transportation improvements provided. The Planning and Zoning Commission had also adopted that condition. Otis Lee stated Uiat the owners of the property had reviewed the motion; and the amendments made at the last Council meeting. The existing planned development had a significantly higher intensity than what was requested. Staff made a recommendation to reduce those reco.-+merded floor to area ratios. There was a compromise proposed at the Planning and Zoning Commission that was lower than they requested but higher than the statTrecommendation. Atter discussion, they requested that Council consider approving the compromise floor to area ratios and the number of units. The compromise was abetter situation than the existing planned development. There wi s a significant list of restrictions on the office development. They would agree to the condition that the offices r would be 100% masonry and requested that the other items held until such time as more detailed development plans were done. If Council did not approve the compromise request, they requested that the item be withdrawn Crom the Council agenda. Mayor Pro Tern Beasley asked about the progress of working with the DISD. Lcc stated that based on the requested zoning for the single family area, the number of units was reduced, based on the area of 15 acres and 25 acres for a detention area with the recommendation r i f City of Denton City Council Minutes October G, 1998 Page 8 of 470 units. There would be no definite agreement with the DISD until the zoning case was completed. Mayor Pro Tom Beasley asked about the detention area. Lee stated that they would have a requirement for a certain portion of the detention for the property that would be worked in with the 25-acre pond. They would pay for that portion and dedicate such and the remainder would be done with CIP funds. Mayor Pro Tom Beasley stated that she had talked with the Planning Director regnAing office restrictions. He indicated that those should be dealt with in the detailed plan stage. She indicated that she would be voting against the amendment. She did agree with the masonry proposal. Council Member Durrance stated that the school discussions were not done to his satisfaction. On roll vole for the amendment to the office zoning, Beasley "nay", Burroughs "nay", Cochran "aye", Durrance "aye', Young "nay", and Mayor Miller "nay". Motion t; iled wtith a 2.4 vote. Young motioned, Burroughs seconded to adopt the ordinance with the Pla^ning and Zoning Co m.mission recommendations that irclud d the 100% masonry construction. On roll vote, Beasley '.aye", Burroughs "aye", Cochran "aye", Durrance "nay", Young "aye", and Mayor Miller "aye". Motion carried with a 5.1 vote. Council considered Item #29. 29, The Council considered adoption of an ordinance granting a license to Acme Prick Company for the purpose of maintaining and operating a natural gas pipeline within the public right-of-way of the City of Denton, Texas; providing for a license fee; providing for the regulation of the construction, reconstruction, maintenance, and use thereof. City Manager Jez stated that thic ordinance would approve a license to Acme Brick for a 60' crossing on Hobson Lane for a natural gas pipeline. The following ordinance was considered: (First Reading) AN ORDINANCE GRANTING A LICENSE TO ACME BRICK COMPANY FOR THE PURPOSE OF MAINTAINING AND OPERATING A NATURAL GAS PIPELINE Wi_HIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF DENTON, TEXAS; PROVIDING FOR A LICENSE FEE; PROVIDING FOR THE REGULATION OF THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, AND USE THEREOF, Durrance m~ tioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye" Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unani,mously. Council retuned to the regular agenda order. C;ty of Denton City Council Minutes October 6, 1998 Page 9 28. fhe Council considered adoption of an ordinance amending Ordinance No. 94-183, and Section 2-29 of the Code of Ordinances and amending the Rules and Procedures of the City Council of the City of Denton by establishing the time for regular City Council meetings and providing time limits for Council Members speaking on various agenda items. City Attorney Prouty stated that this ordinance was a result of the follow-up to the Council's planning session. The first change would be a change in the time of the meetings from 7:00 p.m. to 6:00 p.m. for the Council's regular meetings. The second change incorporated the time limits on Council Members speaking on items. Council's first remarks would be limited to 4 minutes that would be used as a guideline and not timed. The second time limit was a 2-minute rebuttal after each member had spoken on the item. This was a mandatory two minute period and was timed. Council Member Young stated that he was against the time limits as they limited debate and those limitations would only serve those in the majority. Citizens speaking to the Council received five minutes which was more time thvt the Council would have. The problem was not Council debating the issues. Ile felt the Mayor should control the debate and that Council needed to respect the Mayor. Mayor Miller stated that this issue was discussed at the Council's planning session and Council Mcmber Young was not present for those discussions. Discussion at the meeting indicated that when the Mayor attempted to control discussion, members would get angry. Council decided to have uniform rules for everyone. Council Member Young felt that the formal rules were not necessary and that the Council should agree to informally follow the rules, After discussion, Mayor Miller suggested Council approve the ordinance withjust the 6:00 p.m. time change and have a cortrtitmcnt to respect time to address an issue. The Council would honor the Mayor's request to co nplete discussion. If a volunteer limit on discussion did not work, Council would revisit the issue. The following ordinance was considered: NO. 98-325 AN ORDINANCE AMENDING ORDINANCE NO. 94,193, AND SECTION 2.29 OF THE CODE OF ORDINANCES AND AMENDING THE RULES AND PROCEDURES OF THE CITY COUNCIL OF THE CITY OF DENTON BY ESTABLISHING THE TIME FOR REGULAR CITY COUNCIL MEETINGS; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Cochran secondod to adopt the ordinance climinatiig the cation dealing with time r. restrictions for Council discussion. On roll vole, Beasley "aye", Burroughs "aye", Cochran "aye", Uurrance "aye", Young "aye", and Mayor Miller "aye'. Motion carried unanimously. 30. The Council considered approval of a resolution recomwending that the Denton Main Street Program be entered into the Great American Main Street Awards; and providing an effective date. M r City of Denton City Council Minutes October 6, 1998 Page 10 The following resolution was comr lered: NO. R98-055 A RESOLUTION RECOMMENDING THAT TV 2 DENTON MAIN STREET PROGRAM k BE ENTERED INTO THE GREAT AMERICAN MAIN STREET AWARDS; AND 1 PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Young seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye', Young "aye", and Mayor Miller "aye". Motion carried unanimously. 31. The Council considered adoption of an ordinance authorizing the City Manager to execute a real estate contract with Ruth 0. Kellum Estate, (silly H. Kellum, Marcia L. Kellum, Michael W, Kellum, Barbara Kellum Reese, and Margaret May for the purchase of approximately 1.380 acre tract of land known as Parcel 6A, U.S. Highway 77, Denton, Denton County, Teyas for the U.S. Highway widening project; authorizing the expenditure of funds therefore; and providing an effective date. (The Planning & Zoning Commission recommended approval 7-0.) Rick Svehla Deputy City Manager, stated that Items #31-37 were for right-of-way property needed for the Highway 77 widening, The amounts of the contracts varied by size, potential zoning and existing zoning. Young motioned, Cochran seconded to adopt the ordinances for Items #31.37. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye Motion carried unanimously. 31. NO. 98-326 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH RUTH G, KELLUM ESTATE, BILLY H. KELLUM, MARCIA L, KELLUM, MICHAEL W. KELLUM, BARBARA KELLUM REESE, AND MARGARET MAYS FOR THE PURCHASE OF APPROXIMATELY 1,380 ACRE TRACT OF LAND KNOWN AS PARCEL 6A, U.S. HIGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE U.S. HIGHWAY WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE. 32. NO. 98-327 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH RUTH 0. KELLUM ESTATE, BILLY H. KELLUM, /Ire t> MARCIA L. KELLUM, MICHAEL W. KELLUM, BARBARA KELLUM REESE, AND MARGARET MAYS FOR THE PURCHASE OF APPROXIMATELY 0.$14 ACRE TRACT OF LAND KNOWN AS PARCEL 6A(E), U.S. HIGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE U.S. HIGHWAY WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. i I City of Denton City Council Miedtes October 6,1998 a Page 11 33. NO. 98-328 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH RUTH G, KELLUM ESTATE, BILLY H. KELLUM, MARCIA L. KELLUM, MICHAEL W. KELLUM, BARBARA KELLUM REESE, AND MARGARET MAYS FOR THE PURCHASE OF APPROXIMATELY 1.183 ACRE i TRACT OF LAND KNOWN AS PARCEL 6B, U.S. HIGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE U.S, HIGHWAY WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 34. NO. 98-329 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND DEBRA JOHNSON (MORGAN), TRUSTEE OF THE HAZEL K, KING LAND TRUST, RELATING TO THE PURCHASE OF 0.141 ACRES OF LAND FOR 1'HE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 7); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 33. No. 98.330 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND HILLWOOD INVESTMENT LAND, L.P., RELATING TO THE PURCHASE OF 0.164 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 8A); AT ITHORIZ1NO THE EXPENDITURE OF FUNDS THEREFORE; AND PR.OVIDINO AN EFFECTIVE DAI E, 36. NO. 98-331 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND 14ILLWOOD INVESTMENT LAND, L.P., RELATING TO THE PURCHASE OF 0.149 ACRES OF LAND FOR THE EXPANSION GF U.S. HIGHWAY 77 (PARCEL 8B); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 37. NO. 98-332 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND CHARLES TERRY WILLHOITE, RELATING TO THE PURCHASE OF 0.080 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL A,' 30); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 38. The Council considered adoption of an ordinance authorizing the City Manager to execute a professional services contract between the City of Denton and Kimley-Horn and Associates, Inc. for engineering services concerning the building of 9,680 feet Lf 20-inch water line along Bernard and James Street from Lindsey to Hobson Road; suthorizing the expendhum of funds therefor, and I City of Donlon City Council Minutes October 6, 1998 Page 12 providing an effoctive date. Jill Jordan, Director of Water/Wastewater, stated that this item would provide for the engineering design of a major waterline that would serve the southern portion of the City. The following ordinance was consPered: NO, 98-333 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE it PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND KIMLEY•HORN AND ASSOCIATES, INC. FOR ENGINEERING SERVICES CONCERNING THE BUILDING OF 9,686 FEET OF 20-INCH WATER LINE ALONG BERNARD AND JAMES STREET FROM LINDSEY TO HOBSON ROAD; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. i Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye', Burroughs "aye', Cochran "aye", Durrance "aye", Young "aye', and Mayor Miller "aye". Motion carried unanimously. I 39. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to enter into a Professional Services Agreement with Alan Plummer Associates, Inc. for professional services regarding Denton's wastewater treatment and solid waste disposal long term facility/land use planning evaluation and other professional engineering serni:es regarding the Peen Creek WRP; authorizing the expenditure of funds; and providing for an effective date. Jill Jordan, Director or Watcr/Waslewater, stated that the wasetewater treatment plant and the landfill shared a site and both had plans for expansion. This ordinance would develop good planning for the site. AL-.) there were new air pollution rules the city needed to comply with by June of next year dealing wit;i hazardous chemicals. This study needed to be done immediately. 1 The following ordinance was considered: NO.98.334 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH ALAN PLUMMER ASSOCIATES, INC. FOR PROFESSIONAL SERVICES I REGARDING DENTON'S WASTEWATER TREATMENT AND SOLID WASTE DISPOSAL LONG TERM FACILITYILAND USE PLANNING EVALUATION AND ' A' OTHER PROFESSIONAL ENGINEERING SERVICES RFGARDING THE PECAN CREEK WRP; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance, On roll vole, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. f City of Denton City Council Minutes a October 6, 1998 Page 13 40. The Council considered adoption of an ordinance authorizing the City Manager to execute a professional services agreement for Denton's hazard reduction'elimmation study and assistance with risk management plan preparation for water and wastewater plants with Carollo Engineers, I P.C.; authorizing the expenditure of funds thercror; and providing an effective date. The following ordinance was considered: NO. 98-333 AN ORnINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR DENTON'S HAZARD REDUCTION/ELIMINATION STUDY AND ASSISTANCE 117TH RISK MANAGEMENT PLAN PREPARATION FOR WATER AND WASTEWATER PLANTS WITH CAROLLO ENGINEERS, P.C.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye', Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye'. Motion carried unanimously. 41. The Council considered approval or & resolution directing the City Manager to notiry the Upper Trinity Regional Water District of the Cily of Demon's desire to not continue its participation in the Lake Chapman (Cooper Reservoir) Water Supply Project; disapproving the District's proce-ding with the project; and providing an effective date. The following resolution was considered: NO, R98.056 A RESOLUTION DIRECTING THE CITY MANAGER TO NOTIFY THE UPPER TRINITY REGIONAL WATER DISTRICT OF THE CITY OF DENTON'S DESIRE TO NOT CONTINUE ITS PARTICIPATION IN THE LAKE CHAPMAN (COOPER RESERVOIR) WATER SUPPLY PROJECT; DISAPPROVING THE DISTRICT'S PROCEEDING WITH THE PROJECT; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley ' aye", Burroughs "aye", Cochran "aye", Dutrance "aye', Young "aye', and Mayor Miller "aye". Motion carried unanimously. 42. The Council considered rppoinling a voting delegate and an alternate voting delegate to the National League of Cities Annual Congress of Cities. ! f.• Cochran motioned, Young seconded to appoint Mayor Miller and Council Member Burroughs as voting and alternate voting delegates. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrtnce "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 43. Nominations and appointmt its to the City's Boards and Commissions. i c City Denton City Council Minutes October 6,1998 q Page 14 There were no nominationslappointments made at this meeting. 44. Miscellaneous matters from the City Manager. City Manager Jet indicated that staff would be providing Council with a proposed calendar for the next year's Council meetings. Several options would be provided and asked for Council input on the options. 45. New Business The following items of New Business s•iere suggested by Council Members for future agendas: A. Mayor Pro Tern Beasley reminded Council of their adopt.a-spot clean-up on October 24th at 9:30 am. B. Council Member Young asked when the work would begin on Bddgdt mid Gayle Streets. 16. There was no continuation c!' Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. 47. There was no official action taken on Closed Meeting items held under Section 351-071- 551.0S5 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 9:45 p.m. t ~ JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS i . i 1 /3 . i CITY OF DENTON CITY COUNCIL MINUTES 0C.70BER 13, 1998 ARer d':termining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, October 13, 1998 at 5:15 p,m. in the Council t Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tent Beasley; Council Members Burroughs, Cochran, Durance, Kristoferson, and Young. ABSENT: None 1. Closed Meeting: A. Conference with Employees - Under Ti `C, GOVT. CODE Sec. 551.015. The Council received information from emloyees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Special Called Meeting on Tuesday, October 13, 1998 at 6:00 p.m. in the Council Work Session Room at City Hall. PRESENT; Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durance, and Young. ABSENT Council Member Kristorerson 1. The Council considered adoption of m ordnance authorizing the City Manager to execute a contract with Jeff Watson, Denton G unty Elections Administrator, for the coordination, supervision and running of the City's No-,ember 3, 1998 Special Election, The following ordinance was considered: NO. 98-336 AN ORDINANCE AUTHORIZING THE. CITY MANAGER TO EXECUTE A CONTRACT WITH JEFF WATSON, DENTON COUNTY ELECTIONS ADMINISTRATOR, FOR THE COORDINATION, SUPERVISION AND RUNNING) OF I HE CITY'S NOVEMBER 3, 1998 SPECIAL ELECTION; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Burroughs seconded to adopt ±he ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "ayc", Young "aye', and Mayor Mi;ter "aye". Motion carried unanimously. Following the completion of the Special Called Mecttng, the Council convened into a Work Scsslo. PRESENT: Mayor Miller; Mayor Pro Tcm Beasley; Council Members Buroughs, Cochran, nu,,unce, Kristofcrson, and Young, ABSENT: 'erne 1 t I s i I City of Denton City Council Minutes October 13, 1998 Page 2 1. The Council received a report, held a discussion, and gave staff direction concerning a mid- franchise revise", of Marcus Cable's cable television system in Denton, Texas. Richard Foster, Public Information Officer, stated that the current cable television agreement with Marcus Cable provided an opportunity for a mid-year review of the operation. Charles Cramlich did a review of the franchise and found that Marcus was In substantial compliance with the ag~cement. There were two areas that were not in substantial compliance: The FCC required an annual proof-of-E:rformartce test that had not been done since 1996 and custome: service Ftandards pertaining to answering their telephones on time were not bring met. Since site review and visit, Marcus had successfully completed the FCC proof-of-performance tests for 1998. Regarding customer service, Marcus continued to improve in this area. They had hired additional customer service representatives and provided them with additional training. Council Member Cochran questioned the decision of passing the cost of the consultant to the taxpayers and not only to the subscribers. Foster stated that there were some pares of the charges regarding rases that were distributed among multiple systems. The language in the agreement that was adopted in 1988 provided that the cable operator would pay for the cost of the review. Since that time, Federal regulations indicated that cable operators could pass that cost on through to its subscribers a3 a cost of doing busin;-ss. Rather than passing that cost on to the subscribers, it was felt that it won!,', be more beneficial to pay that cost out of the contingency fund and not burden the ratepayers. 2. The Council received a report, held a discussion, and gave staff direction regarding a proposed application for a cable television franchise by Nortex Telcom L.L.C. including i approval of an application form and the establishment of a nonrefundable application fee. Richard Foster, Public Information Officer, stated that Council had reviewed this item in August. Nortex Telcom already had a phone franchise with the City and was now asking for a television franchise. As part of the process, an application form would have to be completed and Notex would have to submit a non-refundable application fee. Nortex was asking for a different type of franchise than Marcus that would require additional legal research and an additional expense, Staff needed Council direction as tte requested franchise was different from the one with Marcus. Nortex was not interested in servicing the entire city but rather only areas in the southern kart of the City. Die presented three options for Council consideration as noted In the agenda m: terials. Council Slember Cochran asked if Nortex was rroposing to have discounted rates to reflect the less son ice to be provided. Foster stated that it would not be a lesser service to the customer but rather would be a lesser service area ! l'" After discussion, the consensus of Council was to prepare an ordinance following Option C. 3, The Council received a report, hcld a discussion and gave sthff direction regarding revi:wof the City Charter. i City of Denton City Council Minutes October 13,1996 Page 3 I Betty Williams, Assistant to the City Manager, stated that a review of ,he Charter was identified as an action item for 1999 during the Council's annual planning session. Two options rvailable to Council were an administrative review of the Charter or a comprehensive review of the Charter. Mayor Pro Tom Beasley stated that alter 20 years it was time to revisit the Charter and take care of any inconsistencies. The time line would be very short for a May election and would require an administrative review. She suggested including the boards and commission issue with 4 membership and the conflict of interest provision. She would like to see an administrative r view with a May election. City Attorney Prouty stated that a charter commission would not be cquired with an administrative review as it would with a comprehensive review. Council Member Young suggested including a change in the Charter to provide for Council to receive compensation for being on Council. City Attorney Prouty stated that all amendments to the Charter would have to be submitted to the voters, Council Member Cochran indicated that he was not in favor of including pay for Counc':. Council Member Kriso)ferson felt that the Council should look at an administrative review for the first time and then an in-depth look in the future. City Attorney Prouty stated that Council would have to wait two years after amending the Charter before amending it again. fie felt it would be helpful to have amendments to the utility portions of the Charier for a possible future sale of a portion or all of the utility system. i Council Member Burroughs asked if that woub bo a comprehensive «t iew of the Charter. City Attorney Prouty fch that it might be clos, id Council might want to appoint % charter co emission. If Council limited the issues to th, , Ieclric utility issue and the pay for Council of, ;don, it would not be a comprehensive review R might be a close call for those who might not like the issue, Consensus of the Council was to work towards an administrative review of the ChErter to deal with such issues as gender neutral, legal references, personal injury prof isions, Council Member qualifications, elections, Municipal Court of record, taxation, revenue a•td general obligation bonds, franchises, board and commissions, facilitation of utility deregulation and conflict of l < interest. The issue of pay for Council would not be included. Staff would review the proposed calendar and schedule on how Council and staff would work on the isste. 4. The Council received a report, held a discussion, and gave instructions to staff regarding the draft interim Corridor Ordinance. I t II 4 C iiJ of Denton City Council Minutes October 13, 1998 Page 4 Dave Hill, Director of Pla,uting and Development, slated that at the August I1th work session Council agreed to give staff and the Chamber of Commerce an opportunity to discuss a new site plan review format suggested for the draft corridors ordinance. This work session was scheduled to allow for an opportunity for Council comments before an ordinance was drafted and reviewed, The proposal contained guidelines in response to issues identified previously and were to be used by the Planning and Zoning Commission and Council during a site plan review for proposed development on property located within a designated corridor. It was felt that this approach would be appropriate for an interim measure. Wien the comprehensive review was done, other options could be looked at. The site plan review process was based on draft -uidelines to allow consideration of individual property features and development characteristics The details of the proposed procedures were included in the agenda materials. East McKinney had been dropped from the list and Highway 380 was downgraded from a gateway to an entranceway. Council Member Cochran asked about a discussion of'big box" developments along the corridors. Hill stated that that had been considered but was changed to a guideline rather than a regulation. Nothing had been discussed regrading scale or mass. Council Member Cochran stated that he would like to explore the option of incentives, to encourage parking not on the street yard, Council discussed the pros and cons of the proposal with discussions on the "one size fits all" grandfather clause. Consensus J the Council was to continue with the proposed timeline and receive feedback from theChambe- fCommerce. 5. The Council received a report, held a discussion, and gave staff direction regarding the Growth Management Strategy Survey and Growth Management Strategy Public Involvement Schedule. Dave Hill, Director of Planning and Development, stated that a statistical sa nple regarding perceptions on developmental growth had been conducted, He reviewed the questions asked on the sun ey and the results of those ratings. Council discussed the survey results and the application of those results. Consensus of the Council was to proceed with schedule of proposed meetings as indicated by staff i Ar r ~ 6, New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Young requested an update on the clsan•up of the old concrete plant. C' 1 1 I City of Dentor City Council Minute October 13,1998 Page S With no further business, the meeting was adjourned at 9a33 p.m. k I JACK MILLER, MAYOR I JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS c i I 1 'I I i F I t Apcnla Item sr i, AGENDA INFORMATION SHEET Date ' AGENDA DATE: January 5, 1999 Questions of kerning this acquisition m.7 be directed DEPARTMENT: Finance - Purchasing to terry Co,rk 349-83 90 ACM: Kathy DuBose, 349-8228 SUBJECT: AN ORDINANCE. ACCEPTING COMPEITTIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR AVENUE G DR/ "AGE IMPROVEMENTS; PROVIDING FOR Till? EFFECTIVE DAZE. (BID 02293 - AVENUE O DRAINAGE AWARDED TO JAGOE PUBLIC CO, 4STRUCTION CO. IN THE AMOUNT OF 5229,310) BACKGROUND: Tabulation Sheet RECOMMENDATION: We recommend this bid be awarded to Jagoe Public Construction Co. as the lowest bidder in the amount of $229,310. ESTIMATED SCHEDULE OF PR0.s QM- the project is estimated to require 60 working days to complete or approximately the first week in April 1999. FECAL 1NFOMAT10N: I This project will be jointly funded from miscellaneous Drainage Budget funds and Oeneral Obligation Drainage Boed funds: Miseellancous Drainage 690081-RB99-9915.9108 S 50,000 Drainage Bond 459-020-11RAN•9740-9108 $179,310 BID INFO JA [ON: this bid is inict:ded to add additional underground drainage systems on Ave 0 from Stella St. to Prairie St, and on Prairie Street from Avenue G to Avenue H. lr,.luded are 1330 feet of 48" storm sever, 292 feet of 42" storm w%Acr, 16 feet of 36" storm sewer, lowering of existing waterlines and other related items. T1•,e original bid p ice fot this project was $252,560. The increase over our estimated cost and d%mlJh1c funding is due to a recent and dramatic increase in coacrete prices. The City of D.mton ' A. triginecring Staff has reduced the I id quotations for parlic,,far items to bring the cost within l.' r a, ridable funding and . 1 negatively impact the project. Jagoe Public has agreed to these reductions. Original Bid $252,560 Reduci.ins 121250 (9.21%) Contract Amount 5229,310 1 ,arraa.ar.rr 0 i i AGENDA INFORMATION SHEET 1w . JANUARY S, 1999 PAGE 2 OF 2 Respectfully submitted: Name: Tom Show.C.P.M„ 349.1100 Title: Purchasing Agent Attachment 01: Tsbulation Sheet Attachment 02: Bid Reductions Listing I bf AU"DA s l it' I 2 t n u I ATTACHMENT #1 TABULATION SHEET BID 0 2203 J" Mike Redlch DER Dickerson Earth BID NAME AVENUE 0 DRAINAGE Public Albert Comet Comet. Comb Guilders j j ku. Inc. DATE 3•N*v4S M DES N WN N i TOTAL 910 AWARD 0202,690.00 0333,070.00 0410,603,00 $310,909.00 1367,027.00 $327,000.00 BOND YES YES YES YES YES YES I j I r I I i i 16 i 3 j a Revised 12/11/98 BID REDUCTIONS L1S'TINa Original Unit Price Bid Told Quantity New Revised Item Daerl tion nand Ueit as bid Chao a usatl Item Price 1.21 Contractors Warranties end Understand LS S AS S 12,030.00 12030.00 2.12.3 49" Class IV RCP Storm Sewer 412 LF $ 140 /LF $ 61860.00 80 352 49 280.00 212•A 48' Storm Sewer 918 LF $ 92 ILF $ 84,466,00 80 978 110,970M 2.12.•8 42`Storm Sewer 292 LF = 87 /LF $ 26404.00 26404.00 2.12.0 36' Storm Sewer 52 _ LF 6 00 AF : 4-, UK 38 IB _31.2j0,00 2.13 6' Valves _ 1 EA $ 500 /EA $ 600.00 800.00 3-A Remove Curb and Gutter 22 LF $ 10 RF $ 220.00 220.00 3.1 Preparation of Right of Way LS 3000 IL8 3,000.00 3 000.00 3.12 Tem a Erosion Control LS 600 Ke 500.00 600,00 1.8•A-1 6'X6'JuncltonBox 2 EA 3300 !EA 8800.00 8800.00 1.8•A•2 W X 4' Junction Box 3 EA 3200 /EA 0,600.00 1 4 12,41M.00 7.6-A-3 W X 4' Junction Box I EA 4000 1000.00 1 0 0400 1,4.A4 Rebuild Junction Box Invert 1 Ell 1000 /Ell 1000.00 } 0 0.00 8.1 [Rock rrlcades Warning Si a AM Detours L8 3000 ILS 3.000.001 3 000,00 n 8,2•A tall Concrels Curb and OutW 22 LF 20 F 440A0 440,00 SP-2 mets Saw Cut 4 LF 20 AF 80.00 80,00 SP -4 terline Lowering 4 EA 2000 IEII 11200.00 2 2 8800.00 SP-10 Excavation 60 CY 10 IC 800.00 800,00 SP•31•A ak Into Exislin Box Culvert I EA 1600 MA 1,500,00 1800.00 SP•31.8 Break Into ExIsU Inlet I EA 1600 LEA 1 1,500.00 1,500,00 SP-31 Excavation Protection 1890 LF I /LF 1000.00 I .W.00 SP-39 Project Signs 2 ' FA 450 /EA 900.00 1 450,00 ` II SP40 Cut R Plu Exlslln Storm Sewer 4 EA 600 /EA 2,000, 00 200000 SP41 Remove Abandoned Mmhole 2 EA 1000 /EA 2 000.00 200000 SP43 Asphalt Saw Cut 3200 LF 11, 2 A.F 6 .400,00 6,400.00 SP49-A Remove 24' AbarNloned Slam Sewer I EA 1000 NA 1000.00 I 0 0100 SP49-9 Remove Abandoned Weiadhe 2 EA 600 /EA 1000,00 1 1 600.00 SP-80 Collar RCP to U hallow 0 FA f 00 /EA I 1 1100.01) TOTAL al Tulal; 262 680.00 ModMied Total, 229 3I0,o0 96 Olfferencat 1.21% I r. I 1 I ORDINANCE NO, AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR AVENUE 0 DRAINAGE IMPROVEMENTS; PROVIDING FOR THE EFFECTIVE DATE. (BID 02293 - AVENUE 0 DRAINAGE AWARDED TOIAGOE PUBLIC CONSTRUCTION CO. IN THE AMOUNT OF $229,310) WHEREAS, the City has solicited, received and tabulated competitive blds for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible Bids: BID NUMBE $ CONTRACTOR AMOVAT 2293 AVENUE G DILUNAGE $2290310 SECTION 11. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person tubmining the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidden includ,ng the timely execution of a written contract and furnishing of performance 2nd paytacnt bonds, and insurance certificate after notification of the award of the bid, SECTION III, That the City Manager Is hereby authorized to execute all necessary written contracts for the performance of the :onsteuction of the public works or improvements in accordance with the bids accei,ed and approved herein, pravieed that such contracts are made in accordance with the Notice to Bidden and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein, 5 it SECTION IV. That upon acceptance and approval of the above competitive bids and the execution f f contracts for the public worts and Improvements at authorized herein, the City Council hereby authorizes the expenditure of fluids in the manner and in the amount as specified In such approved bids and authorized contracts executed pursuant thereto. i SECTION V. That this ordinance shall become effective immediately upon its passage and j approval. PASSED AND APPROVED this the day of 1999 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:--- - - - - APPROVED AS TO LEOAL FORM: HERBERT L, PROUTY, CITY ATTORNEY BY: 197 AVENUE 0 DRAINAOE,CONTRACTORDINANCE ti r l r r 6 G I J III it Agenda i!7 ~ AGENDA INFORMATION SHEET Data° - AGENDA DATE: January S, 1999 Questions concerning this acquisition may be directed DEPARTMENTt Finance - Purchasing to Jerry Clark 34983W ACM: Kathy Du$ose, 349.8228 SUBJECTS AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING PUBLIC WORKS CONTRACT FOR RUDDELL STREET BRIDGE IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2298 - RUDDELL STREET BRIDGE IMPROVEMENTS AWARDED TO OSCAR RENDA IN THE AMOUNT OF $414,312 • SECTION El) BACKGROUND: Tabulation Sheet RECOMMENDATION: We recommend that Section El be awarded to the lowest bidder Oscar Renda in the amount of $414,312. Section E1 is the bridge portion of the project. We are not recommending award of Section E2 for Street Roadway Improvement or Section E3 for Street Paving, It is our recommendation that these last two sections be done by City forces utilizing the same source of funding, ESTIMATED SCHEDULE OF PROJECTt The bid indicates a completion time of 75 workdays or approximately the first week in April, City staff completing section E2 and E3 should not delay the project's completion date. FI S CA I.1 N FO R_MA,T I ON: This project will be funded from a combination of $400,000 from Street Bond funds and $14,312 from Drainage funds, account 4462-020-STRT•9914.9105. BID INFORMATION: This bid is for improvement to the Ruddell Street Bridge. It includes widening the hridde 1 r( c and approaching roadway from 24' to 38' and new bridge nbutments along with precast traffic rail and metal beam guard fence, Also included is the Installation of a pedestrian rail 1 f cu Y AGENDA INFORMATION SHEET IANUARY 3, 1999 PAGE 2 OF 2 Respectfully submitted: Name Tom Shaw, C.P.M., 3497100 Title: Purchasing Agent Attachment #I; Tabulation Sheet I W AGIND I i 111 C 2 D 0 V ATTACHMENTMI TASULATK314 SHEET DID $ 2206 BID NAME RUDDELL STREET SRID011 OSCAR EARTH RESCON AUI COPPELL IMPROVEMENTS RENOA BUILDERS INC. GENERAL CONOT, CONTRACT DATE DECMESER81 S DIYISIO CITY N E1 RUDDELL STREET ORIDOE-SID PRICE 614,312.00 $410,051.42 $614,161.30 SM9,412.38 $425,012.00 E2 RUDDELL STREET ROADWAY 610 PRICE $109,101.00 060,006.00 0131,613.80 6110,36.50 $13,460,50 ES RUDOELL STREET PAVING LOTS SID PRIG $37,001.00 121,32SA0 $51,322.00 $31,001.00 021,539.00 ADDENDUM 01 YES YES YES YES YES TOTAL WORKING DAYS 15 75 73 66 16 BOND YES YES YES YES YES I f ~ I I r r 3 a { ORDINANCE NO..." AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING PUBLIC WORKS CONTRACT FOR RUDDELL STREET BRIDGE IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FONDS THEREFOR; AND PROVIDING AN EFrECTIVE DATE. (BID #2298 - RUDDELL STREET BRIDGE IMPROVEMENTS AWARDED TO OSCAR RENDA IN THE AMOUNT OF 5414,312 • SECTION El) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein descnbed bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY Of DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUM= CONTRACTOR AMOUNT 229h OSCAR RENDA 5414,312 SECTION II, That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements 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 Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein, r t , 4 c. i SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and In the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED thls the day of ,1999 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Y ' I 7748 RU DDELL OR I D4 5E CONTRACT oRDI NANCE t: j~-~ o 5 mar L. 0 c, k , 4genda No _ ,.l +tgnOs llem,..~ AGENDA INFORMATION SHEET Oale _1'_7 J_ AGENDA DATEt lanumy S, 1999 Questions concerning this accuishion maybe directed DE PAR'rMENTt Finance - Purchasing to Ed Hodney 349.8271 ACM: Kathy DuBose, 349.8228 SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR PARK IMPROVEMENTS AT BOWLING GREEN, CIVIC CENTER AND NETTE ;CHULTZ PARKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOI,; AND PROVIDING AN EFFECTIVE DATE. (BID 02317 - PARK IMPROVEMENTS AWARDED TO PLAYGROUND SPECIALIST, INC. IN THE AMOUNT OF SIS5,739) BACKGROUND, Tabulation Sheet RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Playground Specialist in the amount of SiS3,739.Our recommendation includes the base bid and alternates 02,3,4 and S. We are not recommending alternate kl be awarded at this time. ESTIMATED SCHEDULE OF PROJECT: The park improvements are scheduled for completion 90 days i0er receipt of an order or approximately May S, 1999 excelt Civic Center Park, which is uheduted for completion no later than April 9, 1999. FISCAL INNFMIATION., Funds for this project are available in 1999 General Obligation Bond Funds, account #459-031-PARK-9743.9107, BID INFORMATION: i This bid is for park improvements at Bowling Green Park, Civic Center Park and Nette Schutt.. Park, The project includes installation of playground equipment and benches, concrete paving and playground edging, drainage improvements and waterline extensions. In addition bid alternate #2, 3, 4 and S add, I I f , n f u I AGENDA INFORMATION SHEET a JANUARY S, 1999 PAGE 2 OF 2 BID INFORMATION (COWTIO Alternate: • R2 Saw Cut wad patch curb and gutter and bituminous paving for access ramps s #3 Access ramps curbs and temporary paving at Bowling Green Park • N4 Furnish and install playground safety surfacing and drainage system • NS Famish and install access ramps at Civic Center Park and Nette Schultz Park II Respectfully submitted: Name: Tom Shaw, C.P.M., 349•7100 Title: Purchasing Agent Attachment NI: Tabulation Sheet 110 AGENDA i i I I I 4 1 C 2 `ff e v ; i I I ATTACHMENT Si TABULATION SHEET BID 0 2317 BID NAME PARK IMPROVEMENT AT BOWUN•11 RANDALL PITTMAN INTREPID j a PLAYGROUND GREEN, CCAC CENTER NETTE & BLAKE CONOT, BUILDERS SPECIALIST SCHULTZ PARKS DATE 1 "sc •91 6 GTY OESCItIPTioN N N NDOR VENDOR TOTAL BID AMOUNT 1161,671.00 1135,601.00 1221,056.64 1121,665.65 1126,720.00 1 6' We Co ,*e Trails $13,311.00 $1,100.00 $16,631.00 110,416,00 1000.00 2 Sawcute and Curb Patch 1126.00 $3,000.00 $9,660.00 $9,242,50 $1,500A0 3 Accost Ramps S Tamp. 1150,00 61,600.00 $1,675.00 $2,162.60 11,080.00 Paving at Bowiing Green Park / Playground Safety Surfacing $26,016.00 $31,333.00 150,111.00 $57,166,96 123,074.00 5 Access Ramps Civic Canter Park, $1,025.00 $2,100.00 $1,710.00 $1,212.00 11,360.00 Notts Schutt Park 1 ~ 3 r, t 1 I I ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING ,v PUBLIC WORKS CONTRACT FOR PARK IMPROVEMENTS AT BOWLING GREEN, CIVIC CENTER AND NETTE SCHULTZ PARKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFF"CTIVE DATE. (BU) N?317•PARK IMPROVEMENTS AWARDED TO PLAYGROUND SPECIALIST, INC. IN THE AMOUNT OF S1 $5,139) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, th- City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid invitations", "Bid Proposals" or plans and specifications on rite in the Office of the City's Purchasing Agent riled according to the bid number assigned hereto, are hereby accepted and approved as being th. lowest responsible bids: BID NUM@E$ CONTRACTOR AMOUNT 2317 PI.AVGROUNDSPECIALIST,INC. S15r.i39 SECT10•_.U. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and t to 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 ofthe public works orimprovements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proprsals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. i 4 l 1 T SECTION IV, That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. 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 S£CRICTARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2317 PARK IMPROVEMENTS CONTRACT ORDINANCE r t' 5 I i Agenda Nit- Agenda Item em_,.._ ~ AGENDA INFORMATION SHEET Dais -1~ AGENDA DATEr January 5, 1999 Questions concerning this acquisition may be directed DEPARTNIENTt Finance - Purchasing to Sharon Slays 349.8487 ACNI: Kathy DuBose, 349-8228 :5.i'.D7F&T: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRIC METERS. CURRENT TRANSFORMERS AND METER SOCKETS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2295 - ELECTRIC METERS, CT'S AND TRANSFORMERS, AWARDED AS LISTED ON ORDINANCE EXHIBIT A, ESTIMATED ANNUAL EXPENDITURE 5300,000) BACKGROUNDr Tabulation Sheet RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification with the exception of item 6. We are recommending no award at this time. ESTIMATED SCHEDULE OF PROJECTr This price agreement will remain in effect for one year and maybe extended for one additional I year with all prices terms and conditions remaining unchanged. FISCAL INFOR.IIATION: These items will be purchased on on as needed basis and funding is available from 1998/99 Electric Metering Division Budget funds. High use items will be purchased from Warehouse Working Capital budget funds. BIDINFORMAT1O\: This bid is for the annual purchase of electric meters, current transformers and electric meter sockets. These items are utilized by the Electric Metering Division of Denton Municipal Electric in the maintenance, upgrading rind construction of the electric distribution system. Respectfully submitted: QQ r~ / ' fv~ Name Tom Shaw, C.P.M., 349.7100 Tide: Purchasing Agent ! I Attachment #1: Tabulation Sheet 1 Ie7 AUES171 i c k; 1 , I i TABULATION SHEFT BIDA 2217 NAME ELECTRIC METERS, CT'S & METER SOCKETS Wesco Techline Cummins Dealers Prlesler Transdata Temple Power Tole PAGE 1 DATE 10-Nov11 ITEM Ouenil Oestrl lion VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR YENOOR VENDOR SECTION L I Molar, single phase, class 100, 120V, 2 wire, 15 12 Catalog Numcer 40,00 45.43 2 Meter, tingle phase demand, cross 100, loll amperes 15, 120 volt 12 2 wire register 5 e 1 clock Cat. 1 135.00 151.41 3 Meier, single phase, class 200, 240V 2S Non-Demand, prariumpersd Marked with Denton Municipal Elechle $lock A 29560125 960 Cat. A 26,50 24,96 2950 2703 4 Male(, Electronic, single phase demand, class 200,240V 25 400 Marked with 'Donlon Municipal Electric' Block A 26561000 Cat A 117.00 _ 106.40 162 00 117.50 Options j 1 Power lacier coincidental with KW peak, Cal N 353 00 2. Pulse Ini6alor Cal, A 60,00 6120 55.00 66.04 3 Multiple T 0, U. Rate Re Isles Cot A 11.00 500 10,00 62.50 4 load Pra6ie, Cat, 1 93,00 B8 DO 8200 .135.23 5 Reactive KVARH Cal It 110.00 16875 y Meier sin Is Phase instrument demand 451Cat A 126.00 161.85 107 60 Options 1, Power factor coincidental with KW ale Cal A 332.00 2. Pulse InIlgI r Cet. A 60,60 60.20 11694 _ 3 Multiple T. 0 U Rate Ra Ieler Cal N 111 D0 560 62.60 4. Load PIClio, C^t. A 67,60 B6.DO 16!1.71 P 5 Reaclive11 AAH C417000 16675 5 480 Motor, angle phase 24Dv 3 wire. Mschankal, Demand C1200, 29 111,00 143 d5 137.60 I c, TABULATION SHEET 7295 Wool NAME ELECTRIC METERS, CT'S 3 METER SOCKETS Wesco Tachtine Cummins Dealers Prlester Transdato Temple Power Tale PAGE 2 DATE 10-Nov-16 ITEM Ouanll Delarl tlen VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 7 24 Meier, Singte phase demand, Class 200 3 wire network, 120450 V Multi Rana Volta a 129 Cal 1 155.00 178.49 _ 245.00 Options: 1. Power raclor coincidental with KW peak Cal 0 345.00 199 00 2, PUIel lninllgr Cal.6 8200 .5122 611,00 86,04 3 Multiple T. 0. U. Rate Re Istars Cat ♦ 1200 .5.50 45.00 62.50 4. Load Profile, Cat 1 77.00 14800 112.00 135.23 5 ReartlvaKVARH C1t1 162.00 106.00 203.00 16S.TS i Meler lilies phase demand, Class 200,4 w1r1, 120-400V e 48 multi ran s Volta a 15S-16S CEI 6 183,00 17600 249 00 205.13 Options, I, Power laclor eolncklanlal with KW Mak Cat 1 352,00 198.00 ' w _ 2. Pulse Initiator Cal 0 62,10 53.22 07,00 08,04 l _ 3 Multiple T. O, U. Rate Registers, Cal 0 12 06 550 45,00 62.60 4. Load Profile Cal. 1 77.00 toe 00 112,00 135,23 $ Reacllre KVARH Cot 1 162.00 498.00 203,00 1e678 9 24 Meier, Three phase Inshuiient demand, class 20, 120.480 vole Multlran e85-95 Cat$ 16300 1T6A9 24800 203.13 Options, 1. Power laclor coincidental with KW peak, Cal # 352.00 198,00 2 Pu4e lnitialor Cal 9 8200 53.22 6100 86.04 3 Multile T 0 U, Rate Registers, Cal 01 5.50 4500 02 50 It I 4, Load Prulile CC s 77.00 14000 112.00 135.23 5 ReacOve KVARH Cat 1 16200 190 pJ 203 00 166.15 r ~I II I~ j TABULATION SHEET BID1 2295 NAME ELECTRIC METERS, CT'S & METER SOCKETS Wesco Tachline Cummins Dealers Prleuer Traral Temple Power Tale PAGE3 DATE 10-Nov96 ITEM Ouanil Descrl Ion VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 10 4 Maters, three phase, instrument demand, close 20, 3 wire 12O-4aOV Mulli Range 55 Cat. 0 163.00 176,49 246,00 232.61 Options 1. Power factor coincidental with KW peak, Cal 0 35100 19800 2 Purse initiator Cate 8200 .53.22 117,00 8604 3 Multiple T. 0. U. Rate Registers, Cat 0 195.00 550 45 00 71.59 4. Load Profile, Cal. M 7100 146.00 112. D0 135.23 5 Reaclive KVARH Cat 1 182.00 19600 203.00 193.30 specialty Motors i 1 1 t 48 Meter, three wha security type class 200,3 wire, 240 V, 25 f wish I dire clion at lock type register C01 0 _ 36 00 5315 06.00 5105 Meter, three wbe class 200, 3 wire, 240 V 3 wire Turtle Ready 12 960 Cat o 29,00 25,58 3210 31.45 t. Meter, three phase Inslrumenl demand, class 20120.483 VCR 65 9S meter, Multi range, event recording, four quadrant meter, 13 12 Internal modem KY2 output, 'Smart Meter' Cat 1 900 00 1330,00 1606 DO Meier, three phase Instrument demand, class 20120.400 volt 9H meter, Multi range, event recording, lour quadrant meter, IA 2 internal malen, KY! Ou! ul 6 elcmentswitchDoard'Smart Meter' 1 60000 3 125.00 f IM Range 36etere I Meier, three phase, demand, Class 320A wire, 155.165, 120JeDV 15 6 tell amps 50 Stock 0 25560630 Cat k 225.65 221,88 Meter, single photo, close 320 3 wire 240V, 2 S To at Amps 50 t6 24 Stock 026561200 Cat 1 160.00 153.20 20526 Meter, three phase, class 400, 4 wire, 10.15 K, 120-480V r 17 12 Tast Amps 50 Stock 0 28360840 Cal 1 375.00 Meter, Singre Phase Class 460. 3 wire 29, 240V Toll Amps $O 16 12 Stock 128561410 CO 1 144,00 { 12 a Phase Clan 400, 3 wire 2K, 240V Tell Amps 50 Mater, 5mpl 19 Demand Slack 120501400 Ctl1 226,00 r G TABULATION SHEET BID# 2295 NAME ELECTRIC METERS, CT'S 6 METER SOCKETS Weaeo Tachline Cummins Dealers Pilaster Tranadala Tempts PowerTete PAGE 4 DATE 10•Nov•99 ITEM OutnEl Oascription VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR Meter Sockets 20 SO Socket, Meter 4 Terminal, 100 amp overhead 1 114' 1'.h stock 0 29560010 Cat it 10.50 1515 17.02 11,65 1075 16,30 15.67 21 100 Socket, Motor 4 Terminal, 200 amp overhead r hub Star 50 26560300 Cal0 23.00 10,11 2050 .18.88 23.00 21.49 2001 .22 Socket, Maier 4 terminal, 200 amp underground with side wireway 500 With lu s Stock 028560400 Cato :32:00 40.50 31,20 21.11 34,00 29.29 29.32 23 Socket, Meter, 2gong, 4lermin3 1,0 amp Overhead 24 Stock a 28560250 Cot 0 60.00 91 55 61.00 47.76 T6 30 95911 93 07 24 21 Socks Meier 3 Gang, 4 terminal 150 am Cal 1 116 00 124,00 109.90 07,10 103 J0 I1679 115,55 25 25 Socket, Meter 4 Coma, 4 terminal 15; sin Cat 0 156 00 180,00 138,00 07 7e 131.60 18196 15110 ~n - 26 25 Socket Miller 5Gila. 4terminal150am Cato 20200 202.00 16130 119,99 114.25 20696 203,32 21 25 Socket Meier 8 Gina, 4 terminal 150 am Gal k 245,00 25100 210,40 133.33 206.50 210.04 244.24 Socket. Maid, ringleas, I larminal 200 amp with lever bypass 28 25 Stocks 28580100 Cal0 0200 .10390 0135 61.11 1020 10084 Socket. Meier, 6 ttrmincl 20 Imp prewlred with test switches, 29 6 One IP40 cover ringlets Stock a 28160150 s.10 96.00 115.15 104.80 14100 100.04 96.32 5ockat, Meter 13 b rminal 20 amp prewlred, with test swHches number TS14 D109 ringlets with one piece cover 30 12 Stock s 28500200 Cat 0 16500 153.50 177.60 111,00 107 66 '63.36 Socksl, Meter S terminal 200 amp wish lever bypass ringlets cover i` 31 it Slack 0 28560050 Cal 4 04.00 0850 6675 51.11 61.00 04.48 rABUI.ATION SHEET BI04 2793 NAME ELECTRIC METERS, CT'S 6 METER SOCKETS 1Nesco Techllns Cummins Dealers Prlesler Transdata rumple Power Tele PAGE S DATE 16-Nav91 ITEM Ouanit Dncrl Ion VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR Extended Bingo Meter Sockets ISelf Contalnedl Socket, Meter 320 amp 3 phase 1 ter, underground with side wlraway with lugs for up to $00 mcm copper Stock 028560640 32 6 Cal0178.00 233,50 175.00 154,20 169.52 184,48 Socket, Meter 320 amp single phase 4 terminal underground with aide wineway with lugs lorup to 500 MCM copper Stock 2856D6DO 33 12 Cato 11800 13000 122,45 53.33 101,00 11620 Base, K. 480 amp sell-Conialned T terminal 3 phase with double 34 12 lugs Id up to 2.500 MCM per pha Is Cal.0 279.30 444.44 Buse, K, 480 amp self-contained 4 torminnl single phase with double 35 12 lugs la u to 2.250 MCM copper Cal 1 123,60 209.09 Currant Translormers Current transformers: 600 volt, over bushing type 200,5 rabo, ANSI meter accuracy class 0 3 Ihur 8.0 .1 rating facto, 30 e. amblenl of 2 36 5 or realer. Stock 126562010 Cat. 1 5300 64.30 73.33 89.00 81,05 50. S7 m Currenl Transformers. 600 volt, over bushing type 300.5 ratio, ANSI I meter accuracy class 0.311 8.0.11 factor, Wt. ambient 01 2 3r 15 or neater. Stock /28562020 Cal, 1 63.00 54.30 73 33 1 6705 50.67 Cuneml Tumsfarmers', 600 volt, over bushing type 400,5 ratio, ANSI meter accuracy class 0 3 Ihur B-D I rating factor, 30 c, amblenl of 2 36 6 or realer. Stock 128582040 Cal. 1 53 DO 54 30 73.33 89.00 5105 SO 57 Current Transformers 600 vai over bushing type 500.5 ratio, ANSI meter accuracy class 0 3 thur BA 1 rating factor, 30 c. amblenl of 2 39 6 or neater. Stock 1 28582060 Cat. 0 63.00 5,30 t3 33 89 D0 57.05 $061 Current Translormers. 600 volt, over buss "a 600.11 ratio, ANSI melon accuracy class 0.3 thus 8.0 .1 rating factor, 30 c. amblenl of 2 ( r, 40 6 or greater Stock 126562080 Cot .0 63.00 5410 73 33 89,00 5705 60.57 i k t I TABULATION SHEET i BW 2295 NAME ELECTRIC METERS, CT'S & METER SOCKETS Waco TechMe Cummins Dealers Prlestat Tronsdala Temple Power Tele PAGE 6 DATE 10-Nov-18 ITEM Quani Daadrllldn VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR Curren) Transformere. 500 volt. over bushing type 1 D005 f850, ANSI meter accuracy class D 3 Il 8.0 .1 raling factor, 30 c, ambient of 2 41 3 of realer Stock 0 265621DD Cal. 0 6300 64.30 63.33 69.00 60,b5 53,42 Current Transformere: 6D0 volt, over bushing type 12005 ratio, ANSI meter accuracy class 0.3 Ihur 0.0.1 rating lactor, 30 e, ambient of 2 42 3 or realer. Stock N 26562120 Cat. A 63 DO at 65 95,53 69.00 00 6S 53.42 Current Transformere: 500 volt over bushing type 1500.5 ratio, ANSI meter accuracy class 0 3 thur B-0,1 rating factor, 30 c, ambient of 2 43 3 of realer. Stock A 26562140 Cat A 63.00 57.65 95 55 69. D0 63.20 6752 Current Transformers: 600 volt over bushing type 2000 S raUc, ANSI I meler accuracy class 0.3 thuf "A rating facts, a0 c ambient of t 44 3 or0reaterStock 028562100 Cal.0 63 D0 6765 05.55 0200 ,63,20 60,15 Current transformer: 200 5 ratio, 600 von, window typo, 2' wlndo,r, ANSI Meter accuracy class 6.3 thru B•0.5, rating factor 30degreas C 45 12 ambient of 2 or reatec Stock $ 26562165 Cat A 4200 ,38.35 33.33 56,00 37.65 36,95 Current Transformere 300.5 rall0 600 von, wlndaw type, 2' window, ANSI Meter accuracy class 0.3 fuu 9.0 S, rating factor 30degrees C 46 12 ambient ol2 crrealer. Stock A 26562165 Cal A 31,60 3435 33 33 56, DO 37.65 3656 Current Translarmero 4005 rallo, boo volt, window type, 2 3r4' window, ANSI Meter accuracy class 0.3 Ihru 9-0 .5, rating laclor 30de0rees C 4 r 12 ambient of 2 or greater. Stock A 26562165 Cal A 4900 41.10 33.37 56.00 42.06 36 01 vortage Transformere: ANSI accuracy close 0.3 thru burden 2, rated 1500 VA at 30 degrees C emblem 64DO 12D voltage rating, 45 3 sin In bushing, 110 KV OIL Colo 51500 526.40 503,60 C f i TABULATION SHEET i B IDe 2295 NAME ELECTRIC METERS, CT'S d METER SOCKETS Wesoo TochEM Cummins Dealer Priester Tranadsls Temple Power Tale PAGE IF DATI lo-Wav66 ITEM QuanB Dea rt lion VENDOR VENDOR VENDOR VENDOR VENDOR YENOOR DO V D R 14 Current Transkrmers: ANSI accuracy stall .03 thru 8-0 5, 110 KV Br„ 13,600 nominal or 15 KV acceptable, Ratio required: S A 255 Cot. N 115,00 111.60 46060 7 B 50,5 CaLN 41`6 00 151.35 450 00 3 C too S Cal N 1!540 151.35 47.10 3 0 300.5 Cat. N w 1115,00 45135 114.1. Atp"Msro-110 Motoring unit, 5.1600 Primary Current Renoe, voltage range 1200.1100 rating factor 1.0, CTIPT combinallon 50 3 CaltAM11060000 1050,00 AtphiMate450 Metering unit, 0.1600 Primary CunentAsnos. voltage range 1200.14400 rating factor 4.0, CTIPT combination St 3 Ca1NAM 1506000O (01640 I I \ i v 1 I C U I III i r ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL j CONTRACT FOR THE PURC}L6E OF ELECTRIC METERS, CURRENT TRANSFORMERS AND METER SOCKETS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 02195 - ELECTRIC METERS, CT'S AND TRANSFORMERS, AWARDED AS LISTED ON ORDINANCE EXHIBIT A, ESTIMATED f ANNUAL EXPENDITURE $300,000) I WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase ornecessarv materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or sen•ices as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Cowicil has provided in the City Budget for the appropriation of funds to be used for the purchase of the materiah, equipment, supplies or services approved and accepted herein; NOW, THEREFORE:, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L 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 Purchasing Agent, are hereby accepted and rpproved as being the lowest responsible bids for such items: i I BID ITEM i NUMBER Im VENDOR AMOM 2295 1,2,5,11,29,50,51 WESCO EXHIBITA 2295 3,4,7.10,12,15-19, CUMMINS EXHIBIT A 34,35,44,48,49A-49D 2295 13,14 TRANSDATA EXHIBIT A 2295 20,30 TECHLSNE EXHIBIT A 2295 21.28,31,33,43.47 DEALERS EXHIBIT A 2295 32 PRIESTER EXHIBIT A 2295 36-43 POWER TELE EXHIBIT A r SECTION 11. That by Cat acceptance and approval of the above numbered items of the f f submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terns, speci fications, standards, quantities and for the specified sums contained In the Bid Invitations, Bid Proposals, and related documents. 9 I f E, i t i SECTION Ill. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as & 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 tents, conditions, specifications, standards, quantities 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 bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this day of 11999. JACK MILLER, MAYOR ATTEST: JENNIFER WAL.TERS, CITY SECRETARY , BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 1.495 SUPPLY. ORDINANCE i 10 I EXIHBTC "A" Item q Description Vendor Price _ I Meter, 120 V IS _ Wesco 40,00 2 Meter, 120 V IS Demand Wesco 173.00 3 Meter, 240 V 2S Cummins 24.96 4 Meter, 240 V 2S Der,snd Cummins 06.40 5 %1cier. 240 V 4S Demand vlesco 128.00 6 Slew, 240 V 2S Demand Mechanical ;gone Re ect 7 Meter, 120480 V 12S Cummins 176,49 9 Meter, 120.480 V 14.15.165 _ Cummins 176.49 9 Meer, 120-480 V 8.95 Cummins 176.49 t0 %letcc, 120480 V 5S Cummins 176.49 11 Meter, 240 V 2S Security 1Vesco 38.00 12 Meter, 240 V 2S Turtle Read Cummins 25,36 13 Meter, 8S or 9S Smart Meter Transdata _ 1608.00 14 Meter, 911 duel circuit Meter fransdata _ 3125.00 15 Meter, Class 320 120.480 V 13.165 Cummins 225.85 16 Meter. Class 320 240 V 2S Cummins_ 153.70 17 Mcter Class 480 120480 V 15.16K Cummins 375,00 19 Tfeter,Class480240V 2K CUM,iius _ 144.00 19 Meter, Class 480 240 V 2K Demand Cummins 2.8.00 20 Socke Meter 4Terminal 100Am Oil Techline 13,13 21 Socket, Meter, 4 Terminal 200 Amp OII Dealers 1888 I 22 Socket, Meter, 4 Terminal with side wkcAa Dealers 21 11 23 Socket, Meter, 2 Gang Dealers _ 47.78 24 Socket, Mcter 3(ling Dealers 97,78 _ 23 Socket. Meter. 4Oana Dealers 917,78 26 Socket Meter, 3 Uang _ Dealers 119.99 27 Socket !Meter, 6Gang Dealers 133,33 28 Socket, Meter, 7 terminal with bypass Dealers 61,11 29 Socket, Meter, 6 Terminal Wesco 96.00 30 Socket, deter 13 Terminal Techline 153,30 31 Socket Aleter 5 Terminal Dealers _ J 1.11 32 Socket, Meter, 320 Amp 7 Terminal Priestet. 154.20 33 Socket. !deter, 320 Am 4 Terminal Dealers 83.33 34 Socket, K•llasa, 480 amp 7 Terminal Cummins 279.30 35 Socket K-Base, 480 smp 4 Terminal Cummins 123.60 36 Transformers Current 200.5 OB Pow et Tele 50.17 _ 17 Transfottners Current 3003 OD Power Tete 3057 38 Tramrormcrs Current400,50D Power rele $0,57 39 Transformers Current 600.50D PowrrTrig 10,37 40 Transformers Current 800.3 013 Power Tde 50,57 41 TransformersCurrent 1000.5 OD Power Tele 30,57 42 Transformers. Current 1200303 Pow et Tele 53.42 43 Tronsformrers, Current 15D0.3 013 Power Tde 53.42 44 fransrorrners, Current 2000 5 OD _ Cummins 57.65 i 45 Transformers, Current 200.5 2" Window _ Dealers 33.33 A 46 Transformers. Current W 5 2" Window Dealets 3333 r I " 47 Transformers, Current 400! Y Window Dealers 33.33 49 Trans ormers, Voltage 6400:120 Cummins $26.40 J 49 7ramrormcrs, Current 15 KV f II ii 1 EXHIBIT A (CON'T) k 49A 25:3 Cummins 444.60 49B 50:5 CLmmim 451.35 49C 100:5 Cummins 45135 490 2 Cummins 45l 'S SO AI Wale 110 Wesco 1036.00 $1 AS hauste 150 _ 1N.eo 1975.00 I i ~ j 1 12 r r Agenda No AGENDA INFORMATION SHEET Agenda Item... _f r! nate_,_..._ AGENDA DATE: January S, 1999 Questions concerning this acquisition may be directed DEPARTMENTr Finance - Purchasing to Csuy Tower 349-8424 ACN1: Kathy DuBose, 349.8228 k~ SUBJECT, AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF OILS AND LUBRICANTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 02300 - OILS AND LUBRICANTS AWARDED TO DOUGLASS DISTRIBUTIONS IN THE ESTIMATED AMOUNT OF $27,000) BACKGROUND; 1 Tabulation Sheet L ECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Douglass Distributions. The annual estimated expenditure is approximately 527,000. f ESTIMATED SCHEDId,E OF PROJF LL This contract will be in effect for one year and may be extended for one additional 12 111 month period if agreed to by both parties with all prices terms and conditions remaining the same. FISCAL INFORNIATIONr 1 0 Is and Lubricants will be purchased from Fleet Services budgeted funds 011) INFORNIATIQNj This bid is for the annual purchase of oils and lubricants for the Fleet Maintenance Division, I (lrv, i I r< AGENDA INFORMATION SHEET JANUARY S. 1999 PAGE 2 OF 2 Respectfully submitted: Name, Tom Shaw, C.P.M., 349.7100 Titles Purchasing Agent Attachment HI; Tabulation Sheet Ha.AOENN i a. t tt `~~t.r G ft" ~ 2 i ATTACHMENT NI x TABULATION SHEET BID 0 2300 Douglae Ban Ivey Mobil BID NAME Oils 6lubr'sante Olet 011 CO 011 Co DATE 11•Nor95 0 DESCRIPTION VENDOR VENDOR VENDOR 1A Ai1TIWEAR HYDRAULIC OIL SS GAL DRUMS AW 60-10 DRUM $100.15 1;111.011 No Old 18 ANTIEWEAR HYDRAULIC OIL(BULK) 56 GALLON DRUMS)-3,000 GAL $1.10 $1,00 No 81d 2 DEXTRON 111IMERCON ATF D-21141 55 GALLON DRUMS 25 DRUMS 0140.25 $155.10 No Bid 3A FLEET MOTOR OIL SAE 16W40 C04 BUL -3 1100 GALLON 5145 $2.61 No Bid 38 FLEET MOTOR OIL SAE 1SW40 C04 SF1CO tQUART81-20CA. 511,621CS 613.561CS No Bid 4 90W GEAR LUBE (65 GALLON DRUMS) OL-54 DRUMS 0210.00 5164,00 No Bid S CHASSIS GREASE (120 PO DRUM) $DRUMS 5100.60 06620 No Bid 0 CAT T04 30 (55 GALLON DRUM) f DRUMS $104,04 524100 No Bid 1 CAT T04 50 (66 GALLON DRUM) 4 DRUM $196.00 0242.00 No Bid 5 US032 NYOR OIL (55 GALLON DRUM) 10 DRUM $104.50 0101.00. No BId 9 AIR OPERATE!1 t ARRELL PUMP•2EA 0446.64 295.00 149 114 10 OIL SAMPLES-200 EACH $5.13 0.00 No BId 626,552,43 521,354.90 Dellva 2D 0 s 1 01 s No BId ~l 1 F jj,-\ { 3 e I ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF OILS AND LUBRICANTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (BID #2300 - OILS AND LUBRICANTS AWARDED TO DOUGLASS DISTRIBUTIONS IN THE ESTIMATED AMOUNT OF $27,000) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommrrded that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Cotulcil has prodded in the City Budget for -he appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION , That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on rite in the office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items; I CID ITEM bINIBER .N.0- VE14DO AMOUNT 2300 ALL DOUGLASS DISTRIBUTORS $27,000 j i SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. S TION 111. That should the City and persons submitting approved and accepted items i' and of the submitted bids wish to enter Into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorised to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terns, conditions, specifications, standards, quantities and specified sums contained In the Bid Proposal and related documents herein approved turd accepted. 4 r G I SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a -ATitten contract made pursuant thereto as authorized herein SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 11999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2300 SUPPLY. ORDINANCE, ~ I 4 i f I 5 j I U 1 i Ajo-1,0 No i Alpenda Iic a __.~!^t~ a Da TA AGENDA INFOR.IIATION SHEET AGENDA DATE: January 3, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Pi-chasing to Tom Shaw 349.7100 ACNI: Kathy DuBose, 349.8228 SUBJECTs I AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE SALE OF SCRAP WIRE AND METAL; AND PROVIDING AN EFFECTIVE DATE. (DID #2301 - SALE OF SCRAP WIRE AND METAL ESTIMATED ANNUAL REVENUE $21,000 AWARDED TO COMMERCIAL METAL AND FULTON SUPPLY) BACKGROUND: The various divisions of the City of Denton generator a large amount of scrap wire and metal. These items are collected and disposed of on an as needed basis. RECOMJIRNDATION: We recommend this bid be awarded to the highest bidder as listed: s Commercial Metal for those items picked up by the scrap dealer Rom collection areas a Fulton Supply for materials delivered to the scrap dealer directly from a jobsite ESTIMATED SCHEDULE OF PRQJE,CTr + This is an annual contract and may be extended for additional one year periods with all prices, , terms and conditions remaining unchanged. FISCAL INFORMATION; Funds will be deposited to the miscellaneous revenue account for each division generating the scrap. BID INFOILNtAT10N: This bid is for the annual sale of scrap wire and metal generated by the various divisions of the City. The price is based upon a percentage of the Ilnusion Metal Market Index's published price for that metal on that day, The pnces will fluctuate up and down. Our prices will be determined by the price on the day we sell the scrap 1~\ r: Our recommendation for dual award for pickup and delivered Is intended to avoid handling the ~ material more than once. i r f r AGENDA MORMAT[ON SHEET t JANUARY 5,1999 PAGE 20F 2 Respectfully submitted: c -IAI , . s- Name: Tom Shaw, C.P M„ 3497100 Title: Purchasing Agent Attachment #L Tabulation Sheet I1M. AGENDA r W I f, 2 t l f u I ATTACHMENT Nt TABULATION SHEET BIDS 2301 BID NAME ANNUAL CONTRACT FOR BALE OF fULTON COMMERCIAL FEREX SCRAP YARE AAO METALS SUPPLY METALS METAL DATE 17•14ov06 6 DESCRIPTION EN ND R R 1 ALUMINUM: OLD ALUMINUM SHEET L CAST HIGH 810E !S% 110% 70% 2 COPPER: NON-INSULATED B 1 H10H SIDE 100% 00% 100% 3 COPPER: INSULATED # 1 HION SIDE 46% 60% 47% 4 IRON L STEED 0 2 HEAVY META H SIDE- 57% 60% 58% DELIVERED PICKED UP PICKEDUP I t i 3 rF r P c; ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE SALE OF SCRAP WIRE AND METAL; AND PROVIDING AN EFFECTIVE DATE. (BID #2301 - SALE OF SCRAP WIRE AND METAL ESTIMATED ANNUAL REVENUE 521,000 AWARDED TO COMMERCIAL METAL AND FULTON SUPPLY) WHEREAS, the City has solicited, received and tabulated competitive bids for the sale of scrap wire and metal in axordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the highest responsible bids for the sale of scrap wire and metal as shown in the "Bid Proposals" submitted therelbre; and THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION E. That the numbered items in the following numbered bids for the sale of scrap wire and metal, shown in the "Bid Proposals" on file In the office of the Purchasing Agent, are hereby accepted and approved as being the hlghest responsible bids for such items: BID ITEM NUh1@ER .1- VENDOg AMOUNT 2301 1.4 COMMERCIAL METAL (PICKET) UP) EXHIBIT A 2301 I.4 FULTON SUPPLY (DELIVERED) EXHIBIT A SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to sale scrap wire and metal in accordance with the terms, specifications, standards, quantities and for the specified surfs 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 or 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 A contract is in accordance with the terms, conditions, specifications, standards, quantities and ! f'• specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV, That by the acceptance and approval orthe above numbered items of the submitted bids, the City Council hereby authorizes the sale of scrap wire and metal in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. 4 a c. 1 SEC PION V. That this ordinance shall become effective Immediately upon its passage and approval PASSED AND APPROVED this day of 1499. JACK MILLER, MAYOR ATTES f: JENNIFER WALTERS, CITY SFCRETARY { BY: _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2701 SLPPLY.OWNANCE. i i 1 5 r f c U T i EXHIBIT A BID #2301 - ANNUAL CONTRACT FOR SALE OF SCRAP WIRE AND METAL (PICKED UP) COMMERCIAL METAL HOUSTON METAL MARKET INDEX I. ALUMINUM 90% 2. COPPER NON-INSULATED 9(rlo 3. COPPER INSULATED 500/0 4, IRON & STEEL 60% BID #2301 - ANNUAL CONTRACT FOR SALE OF SCRAP WIRE AND METAL (DELIVERED) FULTON SUPPLY HOUSTON METAL MARKET INDEX 1. ALUMINUM 90"/o 1. COPPER NON-INSULATED 90"/e 3. COPPER INSULATED 50% 4. IRON & STEEL 600,6 I ~ ( fY i .A 6 a i I i I Agenda Ilem_ AGENDA INFORMATION SHEET Date_ AGENDA DATE: January S, 1999 Questions concerning this acquisition may be directed DFPARTMENT: Finance - Purchasing to Sharon Mays 349.8487 ACM: Kaihy DuBose, 349.8228 SUBJECTt AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF OVERHEAD AIR SWITCHES: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DA'T'E. {BID #2306 - OVERHEAD AIR SWITCHES AWARDED TO PRIESTER SUPPLY IN THE AMOUNT OF $40,125) BACKGROUND: Tabulation Sheet RECOMMENDATION, We recommend this bid be awarded to the lowest bidder, Priester Supply in the amount of $40,125. ESTIMATED SCHFDULE OF PROJECT: These air switches are quoted to be delivered in 8 weeks or approximately February 20, 1999. A contractor will be hired to install these switches when the circuit between the Spencer i Substation and the Locust Substation is rebuilt. r FISCAL INFORMATION: These items will be funded from 1998 Revenue Bond Account #653-0S!-RB98.3650.9219- ('031801A. WD 1NFOR.11A71ON t This bid is for the purchase of five overhead air switches to be installed as a portion of the r rebuilding of the circuit between the Spencer Substation and the Locust Substation. These switches are required to maintain proper clearance between the energized switch and the steel transmission structures. Respectfully submitted: Name: Tom Shaw, CT A1,, 349.7100 Title: Purchasing Agent Attachment #I i Tabulation Sheet l U ATTACHMENT 01 TABULATION SHEET BID 0 2306 BID NAME OVERHEAD AIR SWITCHES Prisstsr Cummins Prstsrrod Supply Utility Sol" DATE 1-0seAs VE R QTY DESCRIPTION NDOR VENDOR. VENDOR 1 S EACH AIR SWITCH, THREE PHASE, DAMP OPERATED OVERHEAD AIR SWITCII HORIZONTAL STYLE WITH CLEARANCE FOR N KV STEEL POLES 57,121.00 $7,913.00 No BId MANUFACTURER Bridpss Bridges MODEL AV993XA AV993XA DELIVERY A.R.O. 1 WKS $ WKS 2 2 EACH REMOTE TRANSMITTER GUN $110 FOR $318 FOR TOTAL 610,125.00 $10,751.00 I I , i 2 1 t c I c, ORDINANCE NO. 1 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF OVERHEAD AIR SWITCHES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2306 - OVERHEAD AIR SNITCHES AWARDED TO PRIESTER SUPPLY IN THE AMOUNT OF $40,125) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance Hith the procedures of ST,I%TE law and City ordinances; and I WHEREAS, the City Manager or a iesignated employee has reviewed and recommended that the herein described bids are the lowest n5ponsible bids for the materials, equipment, supplies or serviccs as shown in the "Bid Proposals" su;:mitted therefore; and WHEREAS, the City Council has pro ddeol in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such 'stems: BID ITEM NUMBE ML VENDOR AMOUNT 2306 ALL PRIESTER SUPPLY $40,125 ` S,[:CTiON il. That by the acceptance and aroroval of the above numbered items of the submitted bids, the City accepts the offer of the pe;suns submitting the bids for such items and agrees to purchase the materials, equiprrcnt, 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 doc,iments. SECTION 111. That should the City and persons submitting approved and accepted items and or 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 A~ r authorized to execute the Britten contract which shall be attached hereto; provided that the written l r ` contract is in accordarce with the terms, conditions, specification., standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. 3 ~a SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorize the expenditure of funds therefor in the amount and in accordance with the approved bids or purenant to a written contract made pursuant thereto as authorized herein, SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of .1999. JACK MIl LER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: _ 2306 SUPPLY. ORDINANCE. I k 4 I / t S Dg11 AGENDA INFORMATION SHEET AGENDA DATE: January 56, 1999 DEPARTMENT- Planning de Development CNI1DCM1AC1%1: Rick Svehla ~S f 5 SUBJECT* Receive a report and hold a public hearing regarding the Growth Management Strategy. BACKGROUND: On December 1Sw, 1998, I10"cnee Jaynes presented -h., revised draft Growth Management Strategy to City Council, This same information was presented to Planc'ng and Zoning Commission at is public hearing on December 10% 1998. No community comment was offered. On November 17", 1998, the City Council held a public hearing that culminated the review process for the draft Growth Management Strategy. This public hearing was held after a community workshop on November 14°, 1998. RUSTlHOK and Renee Jaynes were contracted by the City to produce the Growth Management Strategy and have since moved forward to revise this document to reflect the consensus on these issues in the community. The documents within this report retlect those few changes that were necessary. SlafT believes the Council will find that the document predominantly clarifies and t tightens up the Growth Management Strategy and Plan as well as offering specific recommendations for implementation. The Growth Management Strategy (GMS) is intended to establish community objectives regarding future land uses and development activity in the City, and! a The GMS will stria as the cornerstone of the Ciry's Comprehensive Plan. a The GMS provides for a 20-year timefrante to forecast growth and determine how the community will respond r to development pressures. a The GMS provides a forum for public discussion to allow citizens to di cuss the impacts of significant growth anticipated for an extended period of time, • The GMS is intended to be adapted by the City Council through a resolution, and may be mitered is the Comprehensive Plan process unfolds in early 1999. The GNIS contains the following information, maps, and options rot the City's growth management: ♦ Population by Sub-Area Slap a Growth Management Strategy Plan a Growth Management Assumptions a Growth Management Strategy Conclusions E 0 Specific Aspects of the Growth Management Strategy Plan a Growth Management Strategy Implications a Growth Management Strategy Recommendations r The GNIS conclusions include how the City will manage growth, such as, ' a QUALITI' of growth 1~ill be strongly managed, ♦ QUANTITY of growth will be managed through Adequate Public Facilities requirements ate proactive planned extensions of services a LOCATION orgrowth will be strongly managed as Indicmted on the Growth Management Stn tegy Plain. a TIMING of development will he strongly managed and the City will consider equitable Ince'nives to stimulate growth in predetermined sectors of the City that be a long-standing commitment to the City. M, coo. mene M[aeTH<VMr MYf MPLw'aM5 POSH AM I SaIin GMi it PAGEI _ 1 t t. ti OPTIONS; Options available to the City for Growth Management are attached to this report as Exhibits A, B, C, and D. RECOMWNDATIONS: Recommendations to the City for Growth Management are attached to this report as Exhibits A, B, C and D. ESTIMATED SCHEDIrL.E OF PROJECT: Staff expects these tasks to be completed by January 1999. The following schedule details spevific meetings and public hearings for Growth Management Strategy review and comment. City Council Public Hearing #1 Tues. Jan. So' City Council Work Session Tues. Jan. 12m Planning & Zoning Commission Public Hearing 02 and Recommendation Wed, Jan. 13 m City Council Public Hearing 02 A Consider Adoption Tues, Jan. 19" PRIOR AC'fION1REVIEN': During the August 11', 1998 Work Session, City Council indicated support to execute administrative change orders in the Existing RUST/HOK contract, City Council approved Change Order #2 at their November 2°,1993 meeting. The change orders were needed to allow smooth transition from the development of the Pmt': red Development Scenario, which is a land use and land density mapping "guide" for future growth. The Growth Management Strategy defines opportunities to achieve the Preferred Development Scenario. Staff presented the "Draft" Growth Management Strategy at a series of meetings and public hearings, culminating in a community workshop, Exhibit F includes an analysis of community continents received at all these meetings. Generally, the public, with comments and reservations, has favorably received the Draft Growth Management Plan and Strategy. Approximately 247 people attended the community meetings and the workshop. DISD rCr: Joint Meeting Wed. Oct. 211 w "is Rayror Elem. Cafeteria Mon. Oct. 26" Borman Elem. Cafecris Tues. Oct. 27' Planning & Zoning Commission Work Session Wed. Oct. 20 W i I son Elem. Cafeteria Tl iun. Oct. 29th e.+..+. r.r..,a Traffic Safety Commission Mon. Nov. 2nd Lee Elern Cafeteria Mon. Nov. 2nd Public LT, "ty Board Mon. Nov. 2nd DISD Tues. Nov.I"d MLK Re..mter Room A Tun, Nov.Jrd Senior Center Tues Nov, 3" Houston Elem. Cafeteria Wed. Nov. 4th Environmental Committee Wed. Nuv.4' North Lakes Re, Center Thurs. Nav. Sth Fred Moore Canter Thurs. Nov. S' City Council C sambcrs Sat. Nov. 7th Hodge Elem. Caktcris Sat. Nov. 7th McNair Elem. Cafeter is Mon Nov. 9th City Council Work Session Tues Nov. ID's r Planning A: Zoning Commission Public Hearing Wed. Nov. 11°' arse AM "a C:;,imunity Wide Workshop Sat. Nov. 14th Park Board Mon. Nov. 14' City Council Public Hearing Tues. Nov. 17" rrsaaarrstea . City Council Work Session Tues. the. 156 r. ra°0cw:.. / r Planning & Zoning Commission Public Hearing MI We& Dec. 16a 4 ' The Growth Management Strategy fits within the overall Denton Plan,; ;pp^, rTd process proposed by staff in June of 1997. The relationship between the Development Scenarios, Growth Management Strategy, and the cur s »sa» Comprehensive Plan is indicated in the adjacent chart: C MrD-..u McasrrrCUW KAMb.ni.".ara rose All Isar era r, PAOE 2 f a I i i ~I FISCAL INFORMATION@ Approximately $33,263 in unspent funds from the original RUSTlHOK contract is ava''able for the Growth Management Strategy contract amendment. An additional S37,847 budget is earmarked in the 1998.1999 budget to pay for the additional services needed, resulting in a total of $71,110 to complete the Growth Management Strategy. Staff has prepued administrative Change Order Nl to allow work on the revised scope of tasks. At Cgrmcil'a November. 2 t 1998 meeting, staff received authorization from Council to execute Change Order 112 to complete the remaining tasks in the revised scope. MAP. The attached map, Exhibit A2, indicates the Preferred Development Scenario (GMS Plan) for the City. It reflects the consensus of public meetings, a community workshop, development scenario surveys, growth management telephone survey results and the adopted Denton Plan policies. The illustration is intended as a "gdde" for the future comprehensive land use plan development and indicates general land use, transportation patterns, floodplain preservation, open space and parks, utility service areas, as well as other features. Respectfully Submitted: ~(z iTe d M. Hill Director Prepare J Br. Nan 4y K. McBeth Comprehensive Planning Manager EX3HBITSr + Exhibit A Projected Population by SuMma Map(A I) and Growth Management Plan(A2) Exhibit B Growth Management Plan Documents Exhibit C Growth Management Strategy Ob;ectives and Tools Exhibit D Growth Management Strategy Recommendations 1 Exhibit E Growth Management Strategy Implications Exhibit F Staff Analysis of Community Comments a r c Ma~Wsrnrcow PLAN V. Pt.van►arccus 1594 }cw k PAGE 3 ` 6 t~ i Exhibit Al Projected Population by Sub-Area Map P7 Fy.InMon lnnnw ~ ' ADU Additional Dw Mmj L'IJM SF! SIXy4 Am* Lew Denu4 Unie SFS SIVIr r"6 Salr4An Drnrlry UnM / MF Pn4,,*dA"reUJllm j . fnJ/nira 11ryn7remrJk-MAHfnJrilF (fir D IrAJrrNlAna tryNmmrm-Sly7r FamilF 4ma 11 SoDar/an ,mu iirn ❑ ftnwiArta lryalrrmN-.SLg4 FOW6 Lew Dmiry ~L•~JM AJVrnI %Jft y, JdIJ- / r- rM 1/Arr"~l/ rArvah /A~r,w Js ~It it Am 11 AAe!IfrrlM I IJ~, Nr MUI MV'•Y~nw n I 4W--r JYJ LT qAJwrll- Amt J..1" Amal /m I J(~'rt!aM~~ } JDt'-Mrrn -{JI X-1'N n-y),IJ'M MX7N M Mum Aml r! M-xJU \ M IM'-4M wr eI{ V Am / gA Ai•A71 Fr_ I m rM Jx'-411IJm AA- J / Am I Of AM a~ IlrrJrt THE DENTON PLAN DeNFON, TEXAS CIO Destoo UFCIA11111! NUB PAUE4 i Exhibit A2 Growth Management plan fWwre Residential - Law Denshy Rnldendal C ~ fwarr Rerldrnlla!- NAphbwAood Crnlrrs a ^*y ErAdnp Rrrldrntial Anrrn 41nhi-Family Rraldendal rommentat p 02'relAflredCse lndWSerlal _ Q Llghf Indusfrlal ~ sn' ry ParL.slOprn Spurr f7aodplain/Grrrnhf.~ _ ; bau•Nax•n/L'nArn/ryDirlrkl ra.r•.s F--d Agri, Whin! 1 • ~ ~ err t, C t 1 7~ `j w.a+ s 1Mm 6~e f f TH ED NTON PL ~ AN DF,NrOA,, rExAs C4 ofOt'Wool UI(YUHIJ~ IQgH PAGE 5 c Growth Management Plan Documents Exhibit B Growth Management Plan Based upon the preferences expressed by the citizens of Denton at community meetings and at the community workshop held to present the Draft Growth Management Plan, the following Growth Management Pion Is presented os a preferred alternative for future growth in Denton. The plan j combines many of the concepts from the alternative development scenorioi that received favorable responses at the community meetings, including the development of 'neighborhood centers", "urban centers', and o strong Industrial district within the City, while encouraging the restoration, redevelopment and infili of parcels in the downtown area and adjacent to the University of North Texas, and Texas Woman's University. Basic Assumptions The following are the bask assumptions of the Growth Management Plan: 1. The Planning Horizon Is for the year 2020. 2. The estimated population in the year 2020 will be 213,000. 3. The City intends to accommodate the additrortal population that the market dictates. ` 4. The mix of Residential, and Commercial land uses will be approximately the some at currently exists; industrial land uses will be Higher, and Institutional uses will be lover. 5. Within Residential Land Uses, the percentage of Multi-Family to Single Family uses will be less than exists today. 6. The Zoning Mix In 2020 may or may not be the some as currently exists. 7. Denton will continue to encourage a range in housing types and densities in order to respond to the needs and desires of its' residents. 1 8. Average residential densities will be the some as exist today. 9. There will continue to be on average of 2.8 people per SIF residential unit and 1.8 pecplo per multifamily unit. 10. The average citywide, Single Family lot she will contimae to be 10,000 SF, winch corresponds to a density of 3 units per acre. The Single Family residential density in Neighborhood Centers will 1 uveroge 4 units per acre. 11. The average density for Multi Family development will continue to be 14 units per acre, which corresponds to existing development patterns.' 12. The minimum lot size for SF Low Density development will be 2 acres, or more if required to support a septic system. 13, Based upon the anticipated quantities and locations of future population, and the city's existing land use mix, the city will need to accommodate approximately 15,000 additional acres of single family development, and 1200 additional acres of Multi-Family development. 14. Based upon the additional residential development and the existing land use mbY the City will need to accommodate approximately 3000 acres of Industdal development, 3200 acres of Ay commercial development, and 2700 acres of Institutional develol'ment. While many developers are today requesting higher densities than 14 units per acre for apartment development, the II recommends a loaet average density' citywide due io recommendations to accommodate lower density multid3mily uses such as tnunhomes •nc C My f. menn 4(PrtHM-4PF',A% r.,,. PIP'," PIMI TA Is I r".(,Yl a< PAGE5 1 i 15. The plan encourages Infill development, restoration and redevelopment within the existing Center Clay and surrounding the universities. The following tables indicate the Forecasted additional Population, Dwelling Units, and Residential Land Use by sub-ores: Table 1 Denton Planning Area Growth Management Strategy Forecasts of Additional Population and Dwelling Units By Sub-Area 1998 - 2020 _ Sub- 1998 2020 Change In Sipple• MuM Single- Muttt• Low Arer Population Population Population Fom11~ family Family Family Density Populoton Populotiot' Dwelling Dwelling Dwelling Units Units Units i I 61 2,780 2,719 2,719 1,505 2A _566 J564 1998 1998 1110 26 229 2,436 2 207 786 3A 21,209 33,937 12 728 b'69 b 2,366 3,387 634 38 275 2063 1,788 1 704 4A 12 448 20 129 7 681 A.4 8, 8 1,516 1 908 J 1 48 374 1171 497 • . 4 497 p"t Its 244 5 284044 37 500 9 456 S t 9 i7 1 959 2 207 4 168 4 694 8,430 6 -(2,381 32,$00 7n 119 11 _ 7 1,120 g4,5OO 6 8s0_ " s 3,171 8A 177 9,82-3 I'm 4,912 86 _ 287 4 213 4113 1 505 9 214 786 `.ac796 28110 2 581 3 419 1 221 11 1060 2,920 2902 1 12 90 3S 1 _f4 3746 - 10,254 3,947 48 2,12 230 t5 468 _2a450Q 28,032- 28,092 MotI _ TOTAL - 85 350 212905 127555: 94, 70 93 85 30,220 18,430 5,664 74% 26 S6% 34% 112% URBAN _80220 191910 ----1111690 L--. 94% _ 90% 88% , RURAL - 5,130 _ 20995 _ 15,865__ 6% 10% Urba-, nq 1, 2A, 3A, 4A, 5, 6, 7, 8A 14, 15 Rural: 28, 36, 48, 88, 9, 10, 11, 12 t ; Several sub-areas have been split Into A and t categories for the purpose of undenlond ng which sectrrn of the City may be included within the City's relot id Growth Monagement Strategy's future onnexotton plans r M, U,an..R Nrnr rnroMr rG %V r*om n., awe RN CC AIR i I I ~ GO s. PAGE 7 c t ` +r Table 2 Denton Planning Area Growth Management Strategy Forecasts of Additional Residential Land Use By Sub-Area 1998 - 2020 Sub. Srngte-Fomily Muitl-Family Low Density T Area Dwelling Dwelling Dwelling y Units Units Units ta! 15. 1 _ 1,505 x~ 2A 1,110 2a 'A 88 3 387 3A 2,360 8 i =tip"639- , dA 1,516 1908 48'• 178 5 1,959 2,207 6 4,168 4 694 7 3,171 8A 4,912 _ 8g I 5 w:1 281 10, 1,221 11 1043 ' n!;. !2 13 14 Z124 2,393 15 10,011 TOTAL 30,220 18 430 S 668 S6% 34% 10% Urbaniting: 1, 2A, 3A, 4A, 5, 6, 7, OA, 14, 15 Rural: 28, 38, 48, 88, 9, 10, 11, 12 Foatpgte; Several sub-areas hav: been spilt Into A and 9 categortes for the purpose of um :r_tandirig which sectors of the City may be included within the Clty's related Growth Management Strategy's future onnexatton plans. J " { r, tA1,lls• ,MC116TKCVWPLAND.n,.nr1GW3PUSC[All 19%aG1ASkt PAGE r Community Workshop GMS Conclusions The following is the general GMS consensus reached at the Community Workshop on November 14, 1998: Quality Quality of growth will be strongly managed, Quantity Quantity of growth will be managed through Adequate Public Facilities requirements and proactive planned extensions of services. Location Location of growth whit be strongly managed as indicated an the Growth Management Strategy Plan. 7lming Timing of growth will be strongly managed through tools such as Adequate Public Facilities requirements and the Capital Improvements Program. Specific Aspects of the GMS Plan 1, Anticipating and allowing growth along the southern borden of the City of Denton, provided development pays its' own way, except In cases where the City wishes to provide Incentives to encauroge it's desired urban form or corridors. 2. Adopting on aggressive annexation policy In order to manage the density and quality of growth within current ET) fond, and to maintain the existing CCN. 3. Usinj infrastructure master plans to develop expectations of adequate levels of public services, in o,eos where water and sewer services are provided, moderate density development can be accommodated. In areas where services are not available, low•denslty development will be necessary, using septic systems and wells. 4. Single family Low-Density residential uses will be allowed to develop in areas outside of the Urbanizing Areas. The sire of the lots In those areas will be based upon the area requlred to s,jpport a septic system, and will vary based upon each location's soils. The remalnl,,g land within those areas would remain as agricultural uses. 5. Within the Urban ar:4 Urbonizing Areas, higher density residentiol patterns would be allowed to oc:uf. 6. These areas could be developed as "Neighborhood Centers" that ore developed In an inwordly oriented manner with a focus upon the center of the neighborhood. These developments would be established In a manner that locates the center of the neighborhood within a 3 to 10 minute walking distonce from the edge of the neighborhood. The center would contain uses necessary to support the surrounding neighborhood including retail uses such as convenience grocery, barbers, or small professional offices, higher density residential uses such as townhomes, park uses Including central neighborhood 'greens` and Institutional uses such ns fire stations, schools, libraries and transit nodes. The mix of uses identified to support each neighborhood may be developed In a vertical manner with shops an the ground floor and offices or residences on the upper floors, 7. Future residential development within established residential areas would be developed in a manner that responds to the existing residential development with compotlble land uses and c my rao, m m( nr orCOMr RSV [r "P1WLM7 rrm<r An i ! N m r:MS PAGE 9 f patterns. The plan recommends that existing neighborhoods within 0.1 City be protected and preserved. 8. The center of the Infill development would be In the downtown district where preservation, restoration, redevelopment and Infill would be the focus. Also, 11 is recommended that the City consider creating `University Districts' at LINT and TWU. These districts would focus on developing compatible, supporting land uses adjacent to the universities. 9. Multi-family residential devetopmen' will be accommodated In the plan In a variety of forms. Many of the deteriorating apartments adjacent to the universities could be renovated or redeveloped as new student housing in order to better support the needs of LINT and TWIT. Additionally, ether types of mufti-family development should be considered within the City such as lownhomes. It is recommended that multi-family development be located In areas that provide transitions between lower and higher intensity uses, and In a manner that will not negatively impact surrounding uses. Additionally, multi-family uses should be located in small groupings around the city In a manner that provides a mix of uses and densities, rather than concentrating all multl-fomily uses in one area which can have negative Impacts upon the City. 10, future commercial uses are accommodated in the plan of key nodes throughout the City. The plan recommends that commercial uses not be located continuously along corridors In a 'Strip" manner. 11. Business would be accommodated In the plan In several areas. At the Intersection of Loop 288 and IH 35, the plan calls for an urban cen or, This center would be a mixed-use center containing off ice, retail, and high-density residential s ses. This center could also include some research or technological uses that would be compotib'e with the activities of the universities. A second urban center south of the intersectlon of Loop 287 and IH 35E could contain medically related offices with a mix of supporting uses. A third ur',ron center on the south side of town would be located at the City's ETJ along IH 35 west. This center -.ould probably develop after the first two urban centers and could support general office uses or activities supporting Alliance Alrport, 12. In ordct to support the proposed urban centers, and to provide additional support for the Universities, the plan proposes that the City consider extending the existing runway of the airport to 7500 feet in length in order to accommodate business jets, With this expansion, it Is proposed that the areas Immediately adjacent to the airport be reserved for Industrial uses. Industrial uses are typically very compatible with airports due to noise restrclions, Uses within this area could 4 Include light manufacturing uses, distribution centers, or any other Industrial uses that are compatible with the City's policies regarding environmental quality. Additionally, existing fioodplains in this area could provide a very effective visual buffer between Industrial uses and other surrounding uses. 13. While the plan does not specifically Identify locations for future parks and Institutional uses such as parks and schools, it is recommended that these uses be located as required to adequately support future residential development. Additionally, It Is recommended that theta uses be located In a manner that encourages community building within neighborhoods. The layout of neighborhoods should be in a manner that provides focus upon these facilitiet, with strong pedestrian links to these facilities from the turrounding neighborhood, and with links to the City's regional pedestrian and transportation systems. 14, In all areas, the plan recommends preserving the 100-year floodplain in order to provide adequate drainage systems, preserve wildlife habitats, for passive recmotia,al vies, for the development of y trails systems, and for providing buffers between incompatible land uses, 15. The plan recommends further evaluation of the value and function of the natural environment within the study area to Identify areas with unique ecologb:al significance for consideration on a more site- specific basis In the Comprehensive plan. 16. The plan recommends that the City's Urban Deslgn objectives be considered on a more site-specific boils in the Comprehensive Plan, c Mrn,nMrecnrrnMrru~~s~i.n.,aa~nnreanis.,s~aMSA< PAGE 10 r i I Growth Management Strategy Objectives and Tools Exhibit C ISSUE OBJECTIVES TECHHIQUESrfOOLS Ouality of Growth a Strongly manage r.uality of new a Growth Management Strategy Map development a Comprehensive Plan a Protect environmentally sensitive a Small Area an: Corridor Planning areas. a Capital Improvement Program a Retain Denton s quality of We and a Master Plana for Infrastructure unique character. a Adequate Public Facilities Policies a Revised Utility Participation Policies a Incentives to Encourage Infill and Redevelopment Activity a Incentives to Accomplish Comprehensive Plan Objactives a Zoning Ordinance and Map, SubdMilon Regulations and Site i Plan Review Process a Joint Planning and Interlocat Agreements with Other Governmental Agencies Ouantity of Growth a Manage quantity of growth to ensure a Growth Management Strategy Map that adequate public facilities exist to a Comprehensive Plan sorvlce growth and that new a Small Area and Condor Planning development meets community a Capital Improvement Program standards. a Master Plane for Infrastructure W • Adequate Public Facilities Policies Revised Willy Participation Policies • Impact Fee Program a Annexation Policies a IncentMis to Encourage Infltl and Redevelopment Activity a Incentives to Accomplish Comprehensive Plan Objectives a Zoning Ordinance and Map [ W Cmne Ml'NMtOAY rwrnexa Ilw`OM1DlV a ua IdN a aw a. PAGE 3 1 a I i i l Growth r taeogement strategy Ob*tIm and Tooio Continued ISSUE OBJECTIVES TECHNIOUESITOOLS Location of Growth . Strongly manage location of growth, . Growth Management Strategy Map • Support mlxed-use In appropriate • Cc nprehensive Plan locations. • Small Area and Corridor Planning a Encourage infill development. • Capital Improvement Program . Preserve existing neighborhoods and • Master Plane for Infrastructure Downtown. • Adequate Public Facilities Policies • Encourage nonresidential growth that . Revised Utility Participation Policies enhancer he City's and School Impact Fee Program District's tax base. • Annexation Policies Incentives to Encourage 1,111 and Redevelopment Activity I Incentives to Accomplish Comprehensive Plan Objectives Zoning Ordina ce and Map. Subdivision Regulations and Site Plan Review Process Timing of Gr Huth . Control the timlr q of growth to ensure a Capital Improvement Program the adequate provision of City • Master Plans for Infrastructure services and facilities, • Adequate Public Facilities °olicles • Stimulate growth In desired areas. • Revised Utility Participation Policies . Impact Fee Program e Annexation Policies • Incentives to Encourage Infill and Redevelopment . incentives to Accomplish Comprehensive Plan Objectives • Zoning Ordinance and Map i C- k c, my Rs.nera woe rK(v41 O M imm FWVa nKtt AN 1.e."a 014 PAGE 11 1 S Growth Management Strategy Recommendations Exhibit D 1. Adopt the Growth Management Strotegy • The Growth Management Strategy Map provides the City whh an overall urban form and general land use pattern that the City is trying to achieve. The mop can be used a tnol for planning for infrastructure Improvements Od the dohve, y of other essential public services. It allows the City to be more efficient in the delivery of public facilities and services by planning for the location and quantity of future growth. The snap provides the City with a guide for the developmessl of the Comprehensive Plan that will give more detailed information on futurr land use Jocations and the density of future dew loprna:wt acth*y. The Growth Manogement Strategy Tools provide the moons for occompli ping the City's growth monagement objectives. ! 2. Adopt a Comprehensive Plan - The plan will define the City's objectives regarding the location, amount, use and character of desired development. 1, will provide a mcr: detailed outline of the City's desired urban form. It can be used as a tool to evaluate and gukle future land use decisions. It provides a mechanism for cooodinating Master Pions for City services and facilities. The plan will delinec" the eltimate boundaries the City wants to achieve. It gives the City the opportunity to preserve end stabilize its residential areas and protect environmentally sensitive and filstoricsrgy signifkant areas. It also allows the City the opportunity s s i opture economic development opportunities by designating compatible locations for commercial and industrial growth. By adopting a com0ohensive plan and using it as a tool in guiding development decisions, the City can make sure that future growth is compatible with existing development. { 3. Conduct Scwafl Arco and Corridor Planning Or ochieve she Comprehensive Plan's Objectives • Certain areas around the City, such as major i corridors, Downtown and the areas surrounds the U&,enities, need more detailed planning to achieve desired City objectives. 4. Use the City's Capitol lmprov.ament Pro~irom (CIP) to achieve the Comprehensive Plan's Objsellves • The CIP can be used to direct growth to desired locations within the City. It can also be used to control the quaritlty of development through the level of facilities and services provided to specific geographic areas Because •he CIP also contruis the timing of when facilities and services will become available, It Is a tool for controlling the rate of growth. To be an effective growth management tool, the CIP should cow a period of several years (five to tlx is typical) and should be considered in the City's annual capital budgeting process. S. Prepare Master Plans for Infrtistructurs that supfrort the Compritxeslve Plan's Objectives • Master Plans for public services, Infrastructure and utilities should support the implementation of the City's desired vWon as outlined in the Comprehensive Plan. The Master Plans will influence the location and quantity of future growth. Used with the Capitol Improvement Program, they All also control the timing of new development activity. b. Develop and Implement Adequate Public Facilities Po"s to achieve the Comprehensive Plan's Oblectivet • The Implementation of Adequate Public rodliiies Polkiet will help the City to ensure that public facilities anal services A bo available to serve new dovelopment. It elso supports the City's efforls towards InRll and redevelopment by making sure thrA devel , st farther away does not deprive infill and redevelopment activity because of Inadequate facility capacity. The policy should be closely led with the City's overall program for scheduling and funding capital facilities (Capitol Improvement Programming). 7. Revise Utility Participation Policies that support Implementation of the Comprehensive Plan • These policies can be used as incentives to direct growth to Jesired locations. They can be an Important tool in shaping development activity to achieve the desired urban form for the community. r 4, IN.~ bWr lr 11440WMAM0.11PtV OW PI! 4T A IS I LJ NGNINd.* PAGE 13 t { 8. Use the Impact Fee Program to support the ComprohensMe Plans Objectives - impact Fees can be used to direct development to desired locotlons. They con be used to Wourage growth in areas with adequate facilities, where development will be less costly to serve. They can also j encourage efficlent development patterns for the provision of public services. e 9. Use Annexation Polickis to ochieve the Comprehensive Plan's Objectives - The City should consider annexing areas where it desires to control future land use and density decislons. 10. Use Incentives to Encourage Infill and Redevelopment Activity - Existing developed, urban areas need ro remain vital and healthy. This Is Important for fiscal considerations, to maintain the City's qualty of life and to support the existing economic activity critical to the City (such as the Universities). Incentives con W used to encourage Infill and redevelopment activity and to ensure that this activity Is compatible with existing neighborhoods. Incentives can take o variety of forms and tend to be tailored to the needs and economic resources of each community. Often Community Block Grant Funds can be creatively used to encourage Infill and redevelopment activity. Other possibilities include special taxing distrkts such as Tax Increment Finance Zones ear Public Improvement Districts. Structuring incentives to encourage public/private partnerships tend to be the key to successful incentive programs. 11. Use lnceoi-,,es to Achieve Other Comprehensive Plan Objectives - incentives can play a very important role in achieving several community objectives. The City mar want to ento.wage development in certain corridors or take actions to preserve its Water and Wastewater CCN's, Incentives con often encourage desired development activity and occomplish objectives that cannot be achieved through a regulatory approachl alone. Incentives can take a variety of forms and are not just limited to financially based tools, Incentives should be examined and developed, l as appropriate, to achieve community objectives contained In the Comprehensive Plan. 12. Use the Zoning Ordinance, Zoning Mup, Subdivision Regulations and the Site Plan Review process to support Implementation of the Comprehensive Plan - These regulatory tools affect the quantity of growth in the City, the locollon of that growth, and the quality of the development activity. Land uses and the densities permitted In the City's Zoning Ordinance should support the desired vlslon for the City. Zoning con also be used as a tool to achieve desired urban form. Down zoning can be used to discouroge development activity and zoning incentives (such as overlay zoning districts) can be used to encourage desired growth. Subdivision Regulations can be used as a regulatory tool to achieve quality of life objectives, such as protecting environmentally sensitive areas. Detailed guidance regarding use and design can ensure that quality development objectives of the C4 are achieved. The Site Plan Review Process con be used to ensure that new development meels the community's standards for quality, i 13. Conduct Joint Planning Activities and Use Interlocal Agreements with other Governmental Agencies to address growth management Issues beyond local control • Some growth management Issues, such as transportation and environmental quality, must be addressed in o regional framework. Coordination with other governmental agencies Is critical in effectively addressing regional Issues. r, C MrDgjm DWOF THCOMrrtArDriLwPIP LM!-rWCC All 13-1aWa At PACE 14 i i Growth Management Strategy Implications Exhibit E The following pages Identify the Implications of the Growth Management Strategy upon the previously adopted Denton Plan Policies. I s TOPIC EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS GROWTH Essential services provided by government muss be maintained at the highest • Consistent - edopbon o an Ad oats Public ac I les MANAGEMENT levels of quality possible, City services Intended to protect and preserve public Ordinance could help ensure high quality levels of STRATEGY health and safety must be provided to all existing and future Denton essential services, slakeholders. i • The growth management strategy should upport the coordination of public • Consistent • adoption of the Comprehensive Plan, with services with private development. Develo,rnent patterns that make the most Facilities Plans and a Capital Improvement Program etfclenl use of public services and Infrastructure should be promoted. The that support its Implemon!ellon, mpact are consistent with this .y. Fac5litiese us0rdi of Inancepact Fees and d a an Adequate true impact of private development should be accurateiy Identified and Vic assessed In proportion to public costs and benefits. • The community should establish development rules that are clearly stated • Consistent j administered efficiently, and enforced eonslstently, if development Is proposed that does not satisfy all the rules, it should not be allowed 1 • Land uses shoule be balanced to maintain a diverse economy and a well- • Consistent - the GMS accommodates a full range of proportioned tax bo_e. The Vy will provide opportunities for the development residential and non-residential land uses, of a full array of land uses within the city. • Areas of the city suscoptible to environmental damage, or where infrastructure • Consistent - the GMS has attempted to protest these systems are stres! ed, or where development would contradict city planning areas from a regional standpoint - this process should objectives should be Nfentified and protected. continue as the comprehensive plan Is developed i t • Zoning should be used as originally Intended, to address extreme • Consistent Incompatibilities between land uses. Zoninq should be used to identify po formonce standards that allow tend uses In defined districts based on their ebtlity to mitigate potential negaVve Impacts on nelghborlnG properties. A reexamination of the use of zoning as a planning tool should De conducted to reflect community values successfully. • Development guidelines should be established to allow a wider range of land IF Consistent uses to coexist within close proximity to each other. Site design principles, i sesthegc guidelines, and vmstruction standards shculd be Investigated as possible tools to promote lard use compatibility and encourage developmental diversity. • The location, placement, and design of public facilities such as parks, schools, • Consstent - the GMS Identifics potential locations for fire stations, libraries, or human services facilities should be used to create Ihese, types ofec"vlty centers. neighborhood activity centers. S r M> a„~M,n *rr IMFIN ( LVP ruv D u m Flo 04s rte" Is r.s a a or a •e PAGE B e, TOPIC EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS i GROWTH • Coordination e planning efforts tween different units o I • Consistent • use joint planning activities and Inter- MANAGEMENTvernment should be encouraged to save money and yield greater local agreements can be a very successful tool in STRATEGY benefits to residents. Residential development that establishes a variety of addressirq regional growth management issues, tat sizes, dwelling types, and housing prices should be encouraged, a the City should be designed to accommodate people rather than • Consistent - the GMS begins to establish the automobiles. As growth occurs, a variety 0 mobiflir systems should be framework for these transportation systems by GIvan space to connect people to destinations that are Important to daily establishing neighborhood centers and through the functions, Transit, blcy,de, and pedestriat linkages should be planned and preservation of Aoodplains. Implemented to serve e , y transportation needs safely and conveniently. i • Denton's ability to grow and expand should be Identified in the City's • Consistent - the GMS dearly Identifies future growth annexation strategy. City limits and extraterritorial jurisdiction (ETJ) areas, which can be translated (in the Crrnp(ehenslve boundaries shoutd be clearly established, and relationships with other Plan) Into an rnnexation strategy. Jurisdictions should be de ermined through iMr.•local agreements. The k annexation strategy should also reflect the costs of service provision and !33 external environmental Impacts associated with land located In the ETJ, TRANSPORTATION • he City o Donlon should plan, design, end build a network of freeways, • C;onsislent • adr~p'on o an equate Public Facilities SYSTEMS adedoils (major and secondsry}, end collectors that provide acretabts Ordinance would address adequate level of service. levels of service while complementing the land use decisions in the The Thoroughfare Plan and Capital Improvement Denton Plan. The Denton Transportation Sys'.em must be compatible with Program can be used as a tool to achieve the desired regional plans including the Mobility 2020 Plan, the Regional Thoroughfare tend use p0ern. Plan (NCTCOG) ant the Denton County Thoroughfare Plan. • The City of Denton shall use the Thoroughfare Piers to plan and design • Consisrent transportation improvoments, program Capital Improvement Plan projects and guide development review decisions. Many of the arterials In Denton are state roadways, so cooperation and partnerships with the Texas Department of Transportation (TXDOT) will be consldered essential 10 the construction and operabon of the City's transportation system. • All freeways shall be designed with limited access that includes frontage or • inconsistent - the GMS Indicates that only the portion parallrA access roads. Loop 288 between US 380 and IH 35E shall be of Loop 288 north of SH 380 will be controlled xcess. upprsied to this type of facility to the extent possible as allowed through redevelopment • Major arterials are Intended to carry traffic across town and between major • No Implications intensity centers. These facilities shall be divided by landscaped medians to blend capacity with aesthetic considerations. Minor arterlals should be at least four lanes, with left turn lanes provided for all major Intersections. Collectors shall have at least one full lane In each direction to carry traffic r, to the trierist s star I r No sr •sincoWrru~n . n.~4fFMCCAis1 sa~ma PAGE 16 I TOPIC EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS TRANSPORTATION he City o Denlon shall use Access anagement roobces to make the o mp Icatlons SYSTEMS investment in the roadway Infrastructure as cost aHiclent as possible. a These practices including placement of curb cuts, median openings ¢ spacing, ind parallel access roads (public and private). Residential streets shall be designed to Include traffic calming practices . No Implications that promote the use of oollectors and arterlats for trips that are not locally oriented s The transportation network shall be designed to optimize the emergency • Consistent - the GMS Incorporates the City's t routes necessary far police end fire operabons and to promote efficient proposed Thorow1hfare Plan which meets these dot! very of son-ices such as mad and solid waste. criteria. The public transportation system shall provide services to all citizens at a • Consistent - the GMS accommodates efficient public reasonable cost, using routes that maximize service daliv" and that meet transportation by encouraging Infill development, lhd neeIJs of he mobility Impaired The system shall be developed to be neighborhood centers and prescrvation of future compatible with the eventual connection to regional systems such as Irons !I corridors. DART, the `r, DFW Airport, and other future systems. The Denton Airport shall be a key component in the mult -mc tai • Consistent -the Donlon Airport is a major component transportation system. Denton Municipal Airport Is effectively loeatad t± of the GMS from both a transportation standpoint, and nplimize the movement of goods and services throughout the Metroplex. from an economic development standpoint. The Denton Trails Plan should be adopted and the network of sidewalks, • Consistent bike trails, and greenbelt paths should he Included Into the Capital Improvement Program for funding. Development shall address this network by dedicating rights-0f-way and constructing portions of the network across their properties. Linkages to destinations that serve deny ; needs should be emphasized to reduce vehicular trip genPreti. r, 4 A Iansportation lobbying campaign should be conducted to ensure s Consistent participation In federal, stale and regional infrastructure funding dectslons. Local funding participation In priority projects should be considered for Inclus'on In the City's capital improvements program. STORMWATER 9 Floodplalns shall be dedicated to the iry In accordance with a its r Consistent-the proposes rres'ervaE on e S '7 DRAINAGE SYSTEM watershed nianapement plan6 and the Parka and Recreation Strategic he 100-year floodplaln for U>ose purpos re. Plan. Flood0ains should perform multiple functions for flood conveyance transportation (trails), recreation and open space, habitat protection, er+J environmental preservation y 1 i r my n<w~q, nn nr w4xmp"y, n,,,~ p1mma rtn rc ors r a-a s 06M w. P.W E 17 h, TOPIC EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS 1 STORMWATER • The City shall endeavor to protect the life and property of its citizens from a Consistent DRAINAGE SYSTEM the 100-year storm through those policies and design criteria adopted through the Subdivision Regulations. • Drainage Infrastructure for new development shat' conform to City Council • Consistent approved -watershed management plans that address both water quality and quantity issues, Including giving guider on where natural versus Improved channels and rural versus urban drainage systems should be ' located, Design criteria shall reflect a balance between aesthetics and few • No Implications i maintenance life cycle costs. • Developments in the City shall minimize erosion occurring during the It Consistent physical construction of the infrastructure and private Improvements using adopted best management practices These practices should reduce Via f potential of erosion that damages the existing ecosystem and produces slit Siltation reduces the capacity and functionality of the drainage system t so it must be minimized • Regional detention shall be Implemented versus onsite ponds according to • No Implications r the approved Watershed Management Plans. The City and developers will be required to combine resources and create partnerships to satisfy regional detention plans, • The City shall minimize channel crossings to reduce polenVal restrictions • Consistent - the OMS Incorporates the City's and safety hazards. The City shall promote the use of roadways parallel proposed Thoroughfare Plan which minimizes channel to the limits of the IOC-year floodplains to provide a natural riparn_.i crossings. The City should continue to reinforce this environment by establishing green space between the road and the policy through the further development of Urban channel. Green space Is required even If the channels are Improved so Design guidelines In Its comprehensive, planning that the limits of the floodplain aie contained within the channel area. The process, green space, between he channel and parallel roadways shall be dedicated to the city to serve as open space, limit flood exposure, and facilitate channel maintenance. • As Inflll and redevelopment occur inside the developed portions of the City, • Consistent the existing substandard drainage systems oust be reconstructed In a cost-effective manner to limit Impacts on the adjacent developed properties. The reconstruction of these channel systems will occur through redevelopment, and may include the use of public funds to corned existing problems. The design of these drainage Improvements shell minimize the damage cause) by flcoding and the cost of maintaining the drainage system, r Mt A,~n kit KITH CnNf ru4 14miw Pic CIA.PDSff AM I$M MOWS &V PAGE 18 a t TOPIC EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS WATER AND • Developments shall be constructed and property owners shall maintain • Consistent WASTEWATER their properties and private Infrastructure In such a manner as to not SYSTEMS compromise public health, endanger the public drinking supplies, or pollute the environment, • Waler and wastewater facilities should be located Im areas that meet s Consistent angineoring criteria and are compatible with adjacent properties to the greatest extent possible. • The City will not pre-InVall water and wastewater infrastructure to new • Consistent - howe+ror may be inconsistent if water and areas, but will follow development as determined by the private sector or wastewater Infrastructure Is used as an Incentive to as directed by the Governing body, with oversizing and existing trunk entice development acdvlty tocsrtain areas, system upgrades I a All water distribution Inf astructure and wastewater collection Ir:frestructure • Consistent • policy does allow the City the flexibility to extensions to residential and commercial development shall lienerally be consider using water and wastewater cost sharing as the responsibility and expense of the developor. an Incentive tool. • The City may participmtt In the cost of oversizing water and wastewater • Consistent • overslzing may be used as an incentive tines to meet future development. to direct development rcllvity to desired areas. • The City shall strive to oversee the development and operotlon of water • Consistent end wastewater Infrastructure that Is safe, reliable, cost effective, environmentatly sensitive and sufficient to moot future demands in cooperation with other entitles. • The City should promote Infitl Infrastructure Improvements over new time • Consistent extensions that expand the geographic coverage of the City's InfrostrKture Systems. ELECTRIC SYSTEM • Electric service to all new commerclal and residential developiients shall • No Implications be Instatled underground. • Electric service providers and the City will work together to Ischleve the • No Implications goal or nstalling electric; utilities underground along and adiiii to major entrain sways. . ✓ • New elect is feeder tines to major laid centers may be installs! overhead • No Impl cation is except In specially designated areas of where ex1il electric, communications and cable faclllGes have already been etnverted to underground facilities. f MI hRw NI•FrllfDWI PLAN OW,.11w06 PM<C All I$'A m0M!6* c, i i i f TOPIC rEXISTINO DENTON PLAN POLICIES OROWTH MANAOEMENT STRATEGY IMPLICATIONS ELECTRIC SYSTEM • Electric service ce providers In the ity s a cooper No with iy Initiatives to • No implications eonvoM existing ove ,!read alectr~ facilities to undo ground, All street Iigi l fixtu ve In new developments shall be In compliance with • No Implications City specifications. The Oty will use municipal lighting fixtures that direct illumination efficiently, reduce potential nuisance lighting problems, and enhance views of the night lircs sky. c • Developers are required to adhere to the Citys outdoor lighting polkiee. • No Implications Any additional expanses Incurred as a result of approved variances from this olic shall ba bome b the developer, SOLID WASTE • an s an Vansportat Infrastructure es she promote tent • s sten access to at 1 residential and commercial development. a Site planning and design should not limit coilection service deWory a No Implications alternatives. • Development criteria shall establish on-site construction standards a No Implications appropriate for so bd waste service delivery, a Development policies will integrate consideration of wr.munity aesthetics s Consistent when planning sulid waste and recycling conial ,ment facilities. • Program policies will support cost effective recycling programs that a No Implications encourage public education, waste minimization, materials rouse and environmental stewardshl . PARKS AND a wide array parks and recreation opportunities should aqu to a consistent - e ture par sl es are n RECREATION distributed and accessible to all Denton residents. Park and facility kreations sf adfcaily Idenlife>d In the 6MS, the avoid will be determined In accordance with the Parks and Recreation Sbatergic ree,*xnmends that all future residential areas eonlalln Plan. parks o3 required by the exlsling park dedication ordinance. • Parks and open spaces should be located In or ad'want to floorplalns, a Conststenl - the GMS has located residential areas where possible, to aid in fioodplain concervation stt'orts and to enhance adjacent to fioodplains In order to coordinate the recreation opportunities, Such areas may be developed with recreation locations of parks and public fecilitles with future facitles or set aside as open space to preserve sensithro areas. Aoodplaln related trans systems. a The City should auqulm and develop perks in combination with other puW4 • donslslanl facilities to achieve cost-effective delivery of pudic services. Park property could be developed jointly with facilites such as new schools, storm water detention basins, drainage charuneds, fire or police substations, or libraries. This policy should not contradict the spegat d strlbul5on objectives de learilned by Iha Parts and Recreation Stroleok: Plan. 4, Da.Ku MCBMIMM? KAPdr *Pie ONE PDSCC UM r. 141 M Ups . PACE 20 t TOPIC EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS PARKS AND • In order to ensure the reasonable distribution of public parka In eeeordance Consistent- Whi't future par sties are not specifically RECREATION with the Strategic Plan, residential developers shoadd provide In their projects identified it the GMS, the strategy recommends that land for Neighborhood parks sufficlent to meet the needs generated by their all future residential areas will contain parks as development, or provide an alternative strategy to saUsfy We demand. required by the existing park dedication ordinance. • No Implications • The City should be responsible for the acquisition and development of Communl and Ci a parks. I ENVIRONMENTAL • evel went polices s hair emphasize environmental awareness, promote . insistent QUALITY the elhhcat use of natural resources, and encourage the preservation of the native habitat. • Environmental protection is an Integral consideration in the development of a Consistent policies concerning economic growth and community development. a The development plan shall evaluate the vrlue and function of the natural • Consistent - the GMS has identified those areas on a environment withtr 'he study area and Identiy areas with unique ecological regional basis; the Comprehensive Plan should slgnifrcence. continue this policy on a more site•specifle basis. i • Policies should promote the approprlate protection measures and a Consistent management techniques to minimize heritV discharges directly to the ! environment. t s Sit"pecifc pollution control techltiques shah be based on the environmental • No Implications significance of the area and the pollution potential of the development. • Environmental mitigation should be considered fce development in areas of 1 ecological significance, a Consistent a Development policies shall attempt to establish the equitable distriblAon and use of natural rescurces. a Consistent • Denton shah take a leadership role In shaping and Implementing federal regulations and programs for water quality Issues Including stormwater a No Implications dischar and erosion control. NEIGHBORHOOD a I nelg s s all a eery y adequate M rostruc ure ano shall • Consistent • use Adequate Public Facilities POLICIES have adequate access to public and community facilities Ordinance would help achleve this policy. a Land use policies that encourage a mix of uses should be investigated to s Consistent - the GMS cells for both neighborhood offer a range of benefits It' residents and the entire city. Standards should mixed use center and mixed-use urban centers. be developed to ensure well-designed mired-use projects for undeveloped Standards for these development types should be property, Including the mitigation of any i adverse Impacts on Identified as part of the comprehansNa planning exlslin net hb rh s. process. I r M, Dww"M, W 1P114[0MP MA`: Nllw /In UM! PDS tf 415 1 In M UMM M PAGE 21 t - c I I w . I TOPIC EXISTING DENTON PI AN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS NEIGHBORHOOD • Existing neighborhoods should be protects an preserved. • Consistent - e GMS supports this policy y POLICIES prc"Ing oompatibte Inftll development on vacant hand within existing neighborhoods, and restoration within detar,oreUrg neighborhoods. I % Bicycle and pedestrian traffic within and betwsen neQlhbodoods should • Consistent - IN policy Is supported by neighborhood be encouraged to promote public safety and reduce vehicle use. center development patterns and through the preservsUon of the 100-year Uoodplaln for traps systems. • Discussions should be Initialed to determine how neighborhoods could be • Consistent designed to promote social contact and civic responsibllity Our mobility Impalrod e!uzens. Indlid;ry ?he elderly, young, and disabled, should be provided affordable and timely access to stores libraries, parks, amusements, and other facilities that promote our social well-being, i • A forum should be developed to address neighborhood quality of life • No Implications Issues, avoid competition for resources among neighborhoods and ensure that the larger community Interests are not sacrificed for the Interests of a air' to neighborhood The City of Denton will designate a 'shpts point of contact' staff liaison to provide Information and support to neighborhood ro.l s. HOUSING • ternativetypas o ousing at respond to the differing econo c an s Millivolt - the GMS accon- ales a wide range o individual Itfe•styles of Dcnton's citizens should be developed in all areas housing types. of the city to achieve balance and diversity. All people who work in Eknton should be able to live in lknton. 1 a Homes that vary in lot size, building size, and eisl may be pennined in • Consistent new development, 'The ability to establish a reasonable price ranhe should be governed by pnvale market forces, • Existing housing stock, particularly for affordable housing should be s Consistent - the GMS recommends the preservation rotecicd and preserved to avoid the loss ofdwelling unity that are unlikely and restoration of deteriorating raldenslel ro be replaced. neightwrtroods. e Incentives should be investigated to encourage infrll houailg construction • Consistent - the GMS tecommends compatible, Inflt especially in conjunction with low income and minority nelghba,AQ development of vacant properties within sxlstlog revitalization plans. residential neighborhoods, • Design and construction quality expectations should not be relaxed in • No Impkkatlons t order to meet affordable housing objectives, • City review and Inspection fees should be reviewed to delennlns H a No Implications changes could be made to ease affordable home construction costs. Such an examination should be undertaken only If benefits are passed on to home ere. CSIrgSU,Mire,M('6l11fCUM/1lAk(An~aMe 'OMS10l(CAll I.}"aOW lie PAGE 22 r 1 OP1C EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS • Consistent 1 HOUSING . The need to provide a sufficient amount of land to accommodate housing demand should be balanced by the desire to maintain compact urban patterns. • The range of housing types available for the ,.--Ialized needs of the ' Consistent elderly, disabled, low income, students, single-person, or female-headed households should be icknowledged as part of s stratrsy to diversify our neighborhoods. • Consistent • Areas where higher housing densities are allowed should be supported by the availability of employment, commercial services, public utilities and facilities, and transit, pedestrian, and bicycle systems, ECONOMIC • The city should encourage r, strong, diversified, and self-sustaining • Consistent- the GMS his set melds adequate land DIVERSIFICATION economy, creating a wide renye of employment opportunities, enhancing areas to develop land uses supporting this goal, local ownership opportunities, and expanding the tax base of the city, • Local business ownership and small business creation should be a No implications considered high economic diversification priorities. • fkvelopmcni incentives should be considered to encourage Industries and I Constotenl businesses to expand or relocate %ithin the city, Incentives siwuld be considered only when proposed development Is consistent with con munity plans, • Consideration of oils planning, urban design or neighborhood compatibility s Consistent objectives will be Included in the eligibility requirements for business retention expansion, or recruitment Incentives. GOVERNMENT • Development regulations should be clear and understandat'9, operate a Consistent with a minimum of administrative time and expense, and should be consistently enforced. • Developers and Investors should be informed of all project expectations • No Implicatlons during early planning sages, and conditions subject to Interpretive review should be supported by carefully defined guidelines, • Intergovernmenlsl wordinalion should be facilitated to the maximum • Consistent exfenl possible, regardless of jurisdiction or service responsibilities. Efforts should be made to share resources whenever possible, and redundancies or du ticstion of eff should be eliminated, c >ar D.~u Mt BE THCOno KA V D,ma Pw aw Pt" CC An I.IA a UM PA01 23 r E i TOPIC EXISTING DENTON PLAN POLICIES CROWTH MANAGEMENT STRATEGY IMPLICATIONS I GOVERNMENT • The development review and deetelon-making processes used In Donlon • No Implications should guarantee full notice and equal participation opportunities for all Interested parties. City staff will malntalr, neutrality end provide clear, unbiased Information to facllitate community dlscusslons. I • City government will comply with the same regulations that are Imposed a No Implications on private development within the wr.muntry. IYery effort should be made to ensure comptiance on the part of school district and count projects as well. URBAN DESIGN • Visual quality objectives and a healthy business dimate should not be • Consistent considered mutually exclusive. Any urbao design strategies adopted in l Donlon should demonstrate strong consider atlon of prlvele property Impacts, l Urban design c rr.epls should be incorporated Into private development plans Carly Into the review process. Attention should be paid to design principles that in many cases do not increase project costs. • The impact of public features such as signage, k4j*lc lines, valve boxes, . Consistent solid waste receptacles, streets, curbs and gutters, o lewalks, buildings, parking lots, and parks should be recognized as impWan, factors in affecting oomnwnity appearance. City government will exert a leadership role in fallowing the principles of good urban design, • The dye urban design strategies should be guided by the pdreiple that the . Consistent spaces between bulldinpx are just as Important as are buildings Ihafnselves. The form of public spaces should support their intended functions, and their visual qualities should communicate the values we Feel are Important. • Concern for community sppearemce should be addrssed in a • Consistent comprehensive manner. Such an approach provides the opportunity to Integrate urban deolgn objectives with other planning mechanisms, such ore zoning, subdivision reputations, historic preservation, economic eavetopmernt, and environmental protection. ArcKlecturat diversity and creativity should be encouraged to avoid • Consistent homogomely, eand sterility, Contrast and variety contribute strongly to r. visual interest and viewer perceptlons of quality. If k4thatic standards are Implemented by city government, strong attention should be pold to avoid r, regulations that promote sameness and stifle Individuality. C my mo^o" Ml nP rKc rmP tun Denim Flo Chd PD3 CC AN 1.1 91P nMf •s PAGE 2 < tTOPIC EXISTING DENTON PUN POLICIES ORBWfN MANAGEMENT STRATEGY IMPLICATIONS ~ i URBAN DESIGN . Urban design prlnelptes should be emphasized In neighborhood + Co sIstent revitalization plane, and residents should help to determine eoelal and cultural values that are rellecled visually. Infiil development should be evaluated carefully to promote compatibility with existing structures. New development can provide contrast yet complement older structures. Opportunifles for the display of public art and practice of the performing arts + Consistent should be provided in a variety of public property verges, I.tdudinq parks, sheet rights-of•wey and public buildings, The uniquo and distinctive cultural, historical and architectural features of + C.xnlstsnt Denton should be Identified, restored, preserved and maintained tfvough a partnership between the City and private interests, in keeping with the Historic Preservation Plan. + Development along major entranceways influences first impressions and + Cor slslenl the image of the Denton. Good urban design should be encouraged and promoted to enhance the appearance and perception of quality along ' thoroughfare corridors, + The City of Demon's Image Is strongly Influenced by He universities, and + Cons'atunt efforts should be made to enhance their appearance whenever possible. The City should strive to encourage more community Intwectlon with the 1 universities by linking physical access between university and public property. The value of trr a and landscaping should be recognized as Im tank + Consistent features that stronaty Influence the sesthctics and environmental golrity or the City. This recognition of value should be reflected In all development ` standards, Consistent - the GMS recommends that the + The City will continue to view the Downtown as a unique and dominant downtown J university area be developed as a special area ftl merits special attention, A comprehensive downtown area. revitalzaton program, based on the strategies of the Texas Urban Main Streel program, will ba pursued to maintain the momentum created by recent improvements. a6 Os UNeerrMCONrnMfDW*AP104Mreueu$11410a4 w PAGE211 4 TOPIC EXISTIN'3 DENTON PLAN POLICIES ORMH MANAGEMENT STRATEGY IMPLICATIONS PUBLIC • All City of Denton stakeholders should be Invited to participate In all stages • Consistent INVOLVEMENT of the planning processes conducted by city govamment. City stall vrill design public Involvement procedures that actively engage stakeholders to pertlclpate In city pienning. This approach should extend beyond planning Into design and project•speolOc activities. Charsttes, which are used to Involve groups of people In project design, and demonstration prgWs should be considered to obtain citizen Input before major projects are implemented or to Introdux Innovative design concepts, • The public Involvement process should be structured to take advantage of • Consistent the oppodunRy to use the planning process as an educational W. The Denton Plan Is of only limited value N members of the community do not understand Its contents. Develotment rwncepla car, be highty tehnlcat and complex, and the Plan should define and explain items that are unusual or unique, and that may nol be easily comprehended by the general public. • The use of different types of media should be explored to determine the • No Implications , best way to engage as many City stakeholders In the planning process as rKmilble. Television, newspapers, newslelters, meetings, tpeakipg engagemenlo publications, resource centers, and other options should be utilized as ay,;,*rlats to communicate with as many stakeholders as possible. 1 • The public Involvement procedures used by the City will be coordinated to • No Impllcaws avoid communications "over-saturation". C i rub a., „wr~etMCawMMEuwnPmY.~fPWCAe !L"al)WIa PAOE36 si Gro,oh Management Strategy Gloomy 1. Growth Management Strategy • The map and accompu-iying tools and techniques recommended for achleving the community's growth management objectives. 2. Comprehensive Plan • A document, often defined by a comblrwtlon of maps and policies, that j define the community's goals and policies for guiding the location, amount, character and quality j of desired development. 3. Small Area and Corridor Planning . Planning consistent with the community's Comprehensive Plan but providing greater detail regarding the types and qualliles of allowable development. 4. Cvpitol Improvement Program (CIP) • A program that forecasts infrastructure Improvements to the City using a set timeline and financing methodology. 5. Master Plans for Infrastructure • Outlines the future locations and capacity requirements of essential public facilities such as water mains, sewer mains, streets, and wastewater treatment plants. 6. Adequate Public Facilities Policies • Policies that require new development to demonstrate that facilities and services will be available to serve the project at the time that It comes on line. These policies attempt to balance the timing and amount of development wlih the capacity or willingness of a community to accommodate It. The purpose Is to coordinate the development-permitting I process with the provblon of capital facilities. They are odminietered on a project by project basis based on a level•of-service standard for each type of facility. 1. Utility Participatton Policies • The contribution by the City towards the capital cosh of providing Infrastructure such as water, wastewater and streets. 8. Impact Fees • A fee assessed to persons developing property to cover their pro rata share of the costs of providing necessary public facilities to service development. { 9. Annexation Policies • Policies datermtning when and under what circumstances the City will consider annexation. 10. Incentives • Actlons token by the City that encourage or leverage desired development activity. Incentives con take several forms. Zoning Incentives can be used to encourage 1,19her densities and the Infill of existing urban areas, or to achieve certain quality of life enhancements. Financial assistance Incentives core be used to leverage private development activity that achieves a comma dy object. % such as affordable housing. 11. Zoning Ordinance and Zoning Map, Subdivision Regulations and the Site Plon Review Process Regulatory tools and actions undertaken by the City to guide the location, amount, use and quality r ' of development. t fir; r 12. Inter-local Agreements - Agreements executed with other governing bodies to address areas of mutual concern or Interest. c M, nsu~ Wr HT01 OW PLAVtWbe rI&Ckl IMR An i,sw m ants a. PAGE 27 t• i i i ti Staff Analysis of Community Comments Exhibit F Beginning on October 21°, 1998, staff began presentations to the community and to various boards and organizations, and the Planning and Zoning Commission and City Council held work sessions and public M zings regarding the Draft Growth Management Strategy and Map. Platming staff and IfOK/Renee Jaynes prepared and held a Community Workshop that was successful. Approximately 241 people attended the community meetings and workshop, excluding staff and elected/appointed officials. Through the use ors telephone survey as a kickoff and past information gathered at public meetings in combination with direction from the City, HOK/Renee Jaynes prepared the Draft OMS. Through the process of public meetings a, d the workshop, consensus can be gathered from comments tiom these sources, as well as data gathered during the Alternative Development Scenarios. Staff has onalyzcJ this data by Quality, Quantity, Location and Timing, Some areas overlap and when this occurs, via IT has made decisions based upon appropriate categories for this information. In many cases the Information bears repeating in multiple categories. Quality ❑ Quality will be strongly managed. U Strengthen and enforce all tools in order to reinforce quality development including; aesthetic qualities, signs, landscaping, park dedication, visual quality, environmental quality, lighting, public property maintenance, corridors, performance standards, cluster development and code enforcement. ❑ The City should promote environmental programs that extend into the future. The 100-year floodplain and environmentally sensitive land!Vcnvironmonts'eco-systems and habitats will he preserved and protected from l development, potential destruction and degradation, ❑ Schools should be coordinated and adequate facilities p.vvid:d. Impact fees, land dedication or other methods should be utilized to provide for schools. 0 Partnerships with ;he Universities for educational and employment base. U Quality is tied strongly to Issues of quantity, then to location and timing. ❑ Reinforce lknton's quality of life and retain uniqueness as a City and not a suburb of DPW. ❑ Allow citizen empowennent and community consensus to guide the City, not just "special Interest" groups. , U Adopt the comprehensive plan and follow it in all cases unless prasf offered of better quality compatible development and enforce all codes stringently. U Reinvest In the community, upgrade and provide incentives for inf ll development. ❑ Point system for developments, with minimuris to meet and with additional point choices to choose from. Less intense uses, less points and more Intense: uses require more points, ❑ Multi-modal transportation Is a must for quality of growth. Quantity ❑ Manage quantity and location through Adequate Public Facilities requirements and proactive planned extensions of services. ❑ Balance market demand through development of rules and regulations that impact densities and quantity of growth. ❑ Balance growth, uses, quantity and location of gro•ath. ❑ Provide incentives for indu3trial developmcnUcommercial development, U Taxing implications tied to quantity and timing. ~i f l rr , C My D.r MCarn?COW PLAN Vm• 11.1C NO rDS CC An 1191 miCM!r. PAGE 28 i Location O Location of growth will be strongly managed. ❑ Use appropriate zoning, comprehensive plan and annexation plans to manage location. ❑ Use of CIP to plan for utilities and City services. ❑ A cost'benefit rationale must b, provided for any leapfrog development. O Multi-family will not entirely reside near the universities and mixed-use centers, but should also be more evenly distributed throughout the community hr smaller complexes, and vary by types ofattacfted housing. ❑ Mixed-use centers and neighborhood centers should proportionately allow commercial, office, service uses, schools, parks, and multifamily/atlached housing. Neighborhood centers should allow these uses internally to the neighborhood as a use/service within that community. ❑ Use the Downtown as a focal point of the community and physically tying the universities into the downtown, Plan for redevelopment, restoration and infill to promote this goal. ❑ Location of industrial edjaeent to the airport and portions of western 288, protected from residential encroachment. 0 Mixed-use centers developed only where infrastructure inbuilt to supportthem at full capacity, ❑ The 100-year iloodplain and environmentally sensitive lands/environments/eco-systems and habitats will be preserved and protected from development, potential destruction and degradation. ❑ Preserve existing neighborhoods; reinforce them. ❑ Develop parkland and linkages. ❑ Allow housing diversity with g.ddelines, Use infill development to promote diversity and reduce leapfrog development. ❑ Multi-modal and mobility plan to reinforce !ocations where City wants to encourage growth and to allow better access and more routes throughout the City. Allow all types of transportation opportunities, Plan for I land uses, such as urban centers, that create interregional transit stations/stops and coordinate with the metroplex for rail and other transit options. Use of neighborhood centers as nodal transportation points for public transit, Reinforce current pedestrian patterns and develop an overall pedestrian linkage system. 1 Continued use of access management strategies w ithin the land use patterns proposed, Ll Balance growth, uses, quantity and lo.stion of growth, not all to the south, T'lmtng • ❑ 7 i,c r ily will consider equitable incentives to stimulate growth in predetermined sectors of the city that tie a long standing commitment to the City. The City can use the development of services and utilities in certain seclois as a magnet for industrial/commercial uses. ❑ Development that requires extension of utilities and roads will pay its' own way In proportion to the stress placed on City services and systems. ❑ Develop transportation impact fees. ❑ Accelerate Industrial/commerciat'office development. ❑ Be proactive where the payoff for quality development is eminent. 0 Timing and quality of growth are intrinsically tied to healthy quality growth. 0 Timing of growth will not be controlled by "special interests'", ❑ Revise the comprehensive play, pcriodicalty to make vppropriate adjustm:nu, ❑ Incentives and Is,% abatements only where environmentally responsible growth occurs. ❑ Timing of growth directly relaied to school Impacts. Coordinate efforts. O Residential growth should pay its own way to develop, r ❑ The City should not plan in a vacuum, it must recognize it's regional vocation and connectivity. R , ❑ Some concern that development should slow down, perhaps through liming and quality measures. j l C Mr nv.mmu Mt AP rafOW MAN bmun era GM] PIK4 C AU I S" * oMA d., PAO E 29 C AGENDA INFORMATION SHEET Apondafh» AGENDA DATE: JanuaryS 1998 A" DEPARTMENT: Planning Department CM/DCMIACM: Rick Svchla, 349.171 S p1 ~~r7 S11BJEC'f -Ryan Tract Annexation, : (A•78) Hold a public hearing regarding the proposed annexation of a 0174, w re property located on the north side of Hickory Creek Road, northwest of McNair Elementary School in Denton's extraterntoriai jurisdiction (ETJ). BACKGROUND Intermandeco proposes to develop a 114.76 acre tract on the north side of Hickory Creek Road, approximately one mile west of Teasley Lane in Denton's extraterritorial jurisdiction (ETI). The petitioner requests the property be annexed with the zoning category of Planned Development for,,uster development, accomplishing a density of SF.M for the overall 114.76 acre site, but condensing it into the 83.34 acres remaining after park land dedication. It is immediately adjacent to The Oaks of hioniecito single family (SF-7) subdivision and includes a park dedication of 31.42 acres, ircluding the Fletcher Branch Creek. This proposed 31.42 acres for exceeds l._nton's required park dedication and would tie in with a 3.21 acre piece dedicated as park land from the Oaks of Slontecito subdivision and a 24.3 acre greenbelt In the River Oaks subdivision. The 114.7 acre site includes the construction of a collector street, designated by the Denton Mobility Plan. That collector ivill eventually tie in with another propose: collector, effectively linking Into the existing strecl infrastructure and pulling a portion of traffic off of Teasley Lane. In accordance with the City's annexation policy plan, approved June, 1993, the City will "assess on a case by case basis th- annexation of are,m in the ETJ when significant dmvelopments are proposed." Slo f has conducted a preliminary annexation assessment of the proposed annexation in accordance with policy guidelines. An Annexation Study and Service Plan have been prepared for Council and public review during the annexation process. The capacity of infrastructure such as water, wastewater, stmelq and electric service and service such as police, fire, recreation, and general govemment are evaluated with respect to the proposed annexation. This is the first of two public hearings conducted by City Council in addition to a public hearing and review by the Planning and Zoning Commission and subsequent action on the tequest. The schedule for public hearings consistent with the requirements of Stale law is ` (1 attached, The schedule has been altered from the original schedule, approved at the December 8, 1998 meeting, due to an error in the final reading date, legal requirements regarding time frames, and adjustM council mectirg dates. L._ c c. RECOMMENDATION The feedback received from the growth management meetings that have been held throughout the city indicate that annexing and zoning property are the necessary steps in order to manage development. Staff recommends that th,: City Council review the Annexation Study and Service Plan and receive any public input at this time. PRIOR ACTIONIREY(EW (Council. Boards. Commissions) City Council approved the Annexation Schedule on December 8,1998. ffl-CAL INFORMATION None at this time. ATTAS,11HENTS 1. I -Vation Map. 2. V :inity Map, 3. Zoning Map. 4. Utilities Map. S. Site Map, 6, Annexation Study. 7. Service Plan. 8. Service Analysis 9. Revised Annexation Schedule. Respecttuliv submitt D e Hill Director of Planning and Development Prepared by: U0 ti Trine Mciilreath Planner Il I t'Ir'\ t ~ a t 2. i t c ATTACHMENT 1 Location Map A1$ SITE I N W E E i S , LOCATION MAP The Ryan Tract p 114,76 Acre Annexation J. u I ATTACHMENT 2 j Vicinity Map A-78 Proposed Annexation Area b au Oaks of Monteenc K CHy N Limns McNalr Elemental "w W 6 , 5 , VICINITY MAP The Ryan Tract 114.76 Acre Annexation { I i t. I r u ATTACHMENT 3 Zoning Map e A-78 ~W PO .y n, TJ rr.. A ETJ n.. A r SITE A EiJ N 4Y ETJ ----{{IJ W E I 0 I ! Nlx The Ripon Tract 114.76 Acre Annexation 5, e U ATTACHMENT 4 Utility Map y A-78 S[TE I1" wow .cx I S" Sewer Lfne N IL;r w E S The Ryan Tract 114.76 Acre Annexation Legend Water Lines Electrk Lines Sewer Lines • fire Hydranto G Subject Tract ~ Ito v 6. c A'PTACHMENT 5 j llbrl ~ i I I •UIII'ja E is ! 9 I~ 1~1 O r i I Ig ~ h~ l j n al 'i,1' jil,U Ite li'i,I r 'lrl I RYAN TRACT ZONNG i~4t aDMOK, tXAf !II 7 Vlilltl4 ` . l I , r .r _ - t DESIGN CROUP ,.`~~.r.~``~` 'i + ,r✓• fi.......... - TNKi I 6M `t •r w s iC TIUCT 41 WI - t11AC1 ri~g~ JA Y III. w+ , . - ■.r r A - l I c i f i F 4. 4 i i SCHEDULED ON j DEVEIOrMENT REL7Ew PI.ANN'NA ['fVrf ~1r _ COAN~i1tEE I, ttI I I i ATTACHMENT 6 ~w ANNEXATION STUDY (A-78) Ryan 'Tract Name and Address of Owners Mr. and Mrs. Charles Ryan 1343 Eaton Ave. San Carlos, CA 94010 Name and Address of Developer: Intermandcce,Inc. 140113untham Drive Plano, TX 15093 Location and Size: 114.76 acres located on the north side of Hickory Creek Road, northwest of McNair Elementary School in Denton's extraterritorivt jurisdiction (ETI). Existing Land Use: Undeveloped Surrounding Land Ilse: East: Oaks of Montelto Single family (SF-7) Development West: Undeveloped and in the Ell North: Undeveto-d Land in the Ell South: River Oaks Single Family (SF-7) Development Proposed Develop men h ',Ingle Family Residential deae)opnu nt at 2.97 units per octe consistent with the proposed Detailed Plan for the Ryon Tract Analysis: It is the general policy of the City of Denton to assess on a case-by-cue basis the annexation of areas in the Ell when significant developments are proposed, occurring, of likely to occur In the near future. The following are guidelines for delerminirg when in u,nexatfun study should be considered: (1) Single family doelopnients over five acres; or (2) Multi-family, industrial or commercial development over one sere; or t3) Any area where tie density excee is 500 units Vr square mile; or ;4) Any development or area that might have a slgr iffcant Impact upon the city, including but not limited to service costs increased trnfric, drainage ir:ylac6 utility needs or utilization, safety or health hazards. Guidelines for scope of study: In studying the questions of whether or not an area should be annexed, the following criteria shall be considered: (1) The ability of the city to furnbh normal city serslees equal to other comparable areas Inside the city limits, (A) Streets and Roads: no existing toad in the area, Hickory Creek RA., will need paving improvements. The Long Range Mobility Plan calls for a collector on the western boundary of the proposed development, A bridge will be required to traverse the Fletcher Branch of Hickory Creek. (D) Water'vestewatet Srivices: Water service In the area will need to lw-extended, at the developer's expense, along Hickory Creek Rd. Both wafer and wastewater lines are existing along the eastern boundary of the proposed annexation. , (C) Electric Distribution: Electric distribution is capable ofproviding service to the area. 4r , (D) Solid Waste Collection •nd Disposal: The city currently provides solid waste services in the Immediate 1% t area. Any development in this area will result in an increased demand for services. Additional personnel and equipment will be necessary to provide service to significant development in the arts. (E) Police Services Any future development of the property will result in Increased demand for polite services in the area. The stem surroundi g this property is abcady within the city. Response time to the subject property would be comparable to that of surrounding property In the city. Additional personnel and equipment army be r crasary to provide service to significant development In the area. 8, r a~aaa~ (F) Fire Protection and I mcritency Medical Services (EMS): Any future developmeni of the property will result in increased demand for fire protection and EMS services in the area. Sulion 0 6 is located near the intersection or Teasley Lane and Lill.sn Miller Parkway, approximately two miles from the properly and would adequately some the proposed development. (G) Parks and Recreation Serv)cer No parks or facilities currently serve this area. A25 acre park is pen&n j dedication in the River Oaks Subdivision, .5 mile south of proposed annexation. Neighborhood parks % ill be required as development occurs. Additional community facilities community and regional facilities may ix necessary to provide son ice to the residents of the area if significant development in the area occurs, (H) Library Services: Existing facilities cannot mat proposed annexation, Expansion requirements can not be determined until the forthcoming Library Master Plan Study is completed, the results of which are anticipated on January 20, 1999. (1) Code Fnforcement. Building Inspections and Consumer Health Services: New building activity will trigger additional case work for the Code Enforcement, Building Inspections, and Consumer Health departments At present, there is no excess capacity In any of these divisions, (1) Planning and Development Services: Zoning, platting and development activity will trigger additional case work for the Planning and Development department. At present there is no excess eopacity in any division of the department. (K) Miscellaneous: Any future development oFthe property will result in Increased demand for general go%emmcm son ices In the area. Additional personnel and facilities maybe necessary to provide services to significant development In the area. (L) Capital Improvemer,is Program (CIP): Tae 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 chwacterisitcs of topography, land tailitatinn, population density, magnitude of problems as related to comparable area, established lcehnlcal slandards and professional studies. (2) The overall cost effectlvertess of providing a specific facility or Improvement The annexed area will be considered for public Improvements In the upcoming CIP. This property will be considered wording to the established guidelines. (2) The rdtabgity, capacity and fatart public cost, If may, of current mad planned provisions for community facilldes such as roads, drelmage, uttlides, etc, (A) Streets and Roads: The property's access will be via }Gckory Crook Road. The city's mobility plan calls for it collector street to be constricted with the development of this properly, Construction of Internal roads required to provide access to future s rbdivislons of the property will be the responsibility of the developer. There may be long term costs to the city to provide necessary upgrades and Improvements to the planned collector and Hickory Crock Road. (B) Waten'Wastewater Services: Water distribution and wastewater collection systems are In proximity to the property, Water and Wastewater treatment facilities have capacity. Both arc "Enterprise Funds" so that any necessary Improvements will not Impact the general fund. Recently approved Impact tech are deposited into the Enterprise Fund. Extension of senior lines to and within the property will be the responsibility of the developer. (C) Electric Distribution: Facilities to provide electric senlce to the property may be necessary. Again, the electric utility is an 'Enterprise Fund" so that any necessary Improvements will not impact the general fund. Serv Ice connections will be the responsibility or the developer. (D) Solid Watt Collation and Disposal: Equipment to provide so ices to the property will be necessary wfien fully developed. The solid waste utility Isalsoan Enterprise Fund. (E.) Police, Fire and Emergency Medical Services: Thesedepartments are driven by response time. As additional development in this area occurs, more perwnnel and equipment may be necessary to maintain current E response times. Station 46 Is approximately Iwo miles from this property. (F) Parks and Recreation, Library and General Government Services: The demand for these services is a function orres'demial population, Additional developmenl will resuh in more residents, which would result in more demand Asst facilities and senlecsin the city. (1) The metal mod quality of land use and building controls Private controls will be considered This property is located adjacent to two Single Family (SF•7)districts whkh follows established city ordinances. 1 C ontroT of the quality of land and building development will be required (J) Impact on Obi Clty, both current and long range, including aim minim am- (A) Fiscal cost end bemef)tsi the proposed development plan Indicates that fire residential development will hnst a rose density of 2,7 units per acre. With significant public benefits Including; 9. \I r > The dedication of a 31.07 acre park along Fletcbet Branch Creek to potentially Include a hike and bike trail and additional rrc:eadonal facilities, N the developer's expense. > Constructiou of a collector, u required by the city's mobility plan (B) Traffic; Hickory Creek Road will be the primary access point for this d velopmeat until other development occur) to eompkte the construction of the alternative collector streets that will disperse traffic in other directions. (C) lafrartruelure near road% utllidee and other community fachldes; Water distribution and wastewater collection systems must be extended at the developer's expense. Both systems are currently adjacent to the property, Electric service can be provided Hickory Creek Road must be enhanced in the near future. Other community facilities may be necessary if significant development occur rapidly. (D) Safety and Health; The proximity of this property to fire station 06 will provide adequate response times for fire and emergency !'rvices, The area It already whMa the police service arts. Significant additional development may require sdduiaral equipment and personnel to provide adequate response times. I (E) Bullding or development qualltyl The property Is not currently zoned. The developer is petitioning that a Planned Develaprtsent zoning classification be granted that would allow a gross density of 7,7 units per acre. A Mail plan has been submitted and is being reviewed by staff. Land and building design standards can be incorporated Into any approved detail plans. (F) Aeathelle qualltyl The city's landscape ordinance and sign ordinance will apply to any new development Land and building design standards can be incorporated into any approved detailed plans. (C) Community eharoclerl The existing predominant character in the area is single fomily (SF-7) residential development This new development will match the existing character and enhance the beauty of the area with the pork and trail dedication. (S) Conrormar a with or need to ensure conformance with the officially adopted master plane of the city. The 1988 Denton Development Plan identifies this area as a "Low Intensity Ara". The low inienshy designation Is the least Intense development district In the city. Residential development ofthis property with appropriate nelghborhood-oriented mixed use can conform to the low intensity development standard, J i~ 10. : I I ! ATTACHMENT 7 i ANNEXATION SERVICE PLAN CASE NUMBER: A•78 AREA: 114.76 acres I LOCATION: On the north side of Hickory Creek Road, northwest of McNair Elementary School In Denton's extraterritorial Jurisdiction (ETJ). Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Teas, V the following levels and in accordance with the following schedule: I A. StreolsaAd Roads Access Is a-aitable from Hickory Creek Rd. and a planned collector street that joins with .usother plumed collector street, leading to Ryan Rd. A bridge will be required over Fletcher Branch Creek at the expense of the developer. B. Water/Wasttwaltr Services Water is currently avaibble along the eastern boundary of the proposed development Wastewater service is currently available along the eastern boundary of the proposed development The extension of 112" water line will be required along Hickory Creek rd. to support this development C. Electric Distribution Electric service Is currently available in this area. D. Solid Waste Coneetloa and Disposal } The city can serve Ni property. Service may require additional equipment, personnel and operating resources. One rev loader, a three person crew, and an additional residential route Is needed to serve each additional 1,300 households In the city. E. Pollee Services The department estimates that service can be provkled within avenge response times for the city is a whole. The city's priority response lirm Is 8.06 minutes, while its avenge response lime Is I I minutes. Three additional personnel and additional vehicles will be required to serve this area. F. Fire Protection and Fmergeacy Medical Senikes (EMS) The city currently sores adjacent property. Fire Station 06 Is approximately 2 miles Itom the subject property. C. Pa: ks and Rfeeeadoo Services No parks or facilities currently serv e this area. A 23 acre park Is pending in the River Oaks Subdivision, hai f a mile south of this orthe subject property. Alt acreage and facility requirements arc based on ultimate build out Cost of improvements tad maintenance will be phased in, is population Increases. H. Library Services Ir The Library Anticipates that increased demand resulting from development in the city an not be met using t (J r ` r existing materials, facilites and penonnci. Future needs of the library we lobe dclermined with the allrr January 20, 1999, the anticipated dale of the library master plan study 1. Code Eoforcemeot, Building laspectlons And Consumer Health SwActs the city currently serves adjacent propeny I1. ` 1 c. J. Planning and Development Senices The city currently serves this property. K. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capita Improvements as complied to other areas will be based on eluraeredsitcs 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 of providing a specific facility or improvement. The annexed area will be considered for public Improvements in the upcoming CIP. Tlds property will be considered according to the established guidelines. r ('fir,, C 12. i ATTACHMENT 8 SERVICE ANALYSIS A•77 ENGINEERING AND TRANSPORTATION 1. What existing roads. bridges and other transportation facilities will be Impacted by this proposed annexation and development in terms of needed Improvements or upgrades? 1f r B,til. 166.600 2. Are any of these Improvements presently scheduled to be done at state or federal expense? P 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 ogfk" co~ ng dr inagq), - J"~' . _..l.._ _ Ll.~ii.Y i 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. level would additional equipment be required? fl,~l _ A At what AV A Is there an axegqtld equipment to population ratio that can be used for planning purposes? NO Is there an accepted employee to population ratio that can be used for planning purposes? No Additional Comments, lC~ P~son contact if thor ar questions DA Annexation Service Area Analysls.doc j 13. a I I~ lx'xa, 4K 16145 04173831331 111LINES ®001/001 SERVICE ANALYSIS WATER ! WAU WATER A-79 I. What is the nearest city of Denton water line? Size of water one, i A _„u,4u location of wate r line. Distance from proposed annexation, 14t o4iTett.ttrsrea lwAQy t ~eolbres ri 14WM&Mr 2. What Is the nearest City of Denton sewer line? Size of sewer line. f S- aid Location of sewer line. Atou6 ~s F.tr~~,~,~r GF P+f ~Duoe Distance from proposed annexation. a dud CPA 3. ,kccordin to the City of Denton master plan whct type of lines and facilities would be required for this area and when are close lines and facilities proposed for construotIon. Size . Year Location Water lines N4 w76 Sewer lines t 4, Are there any City of Denton lines Included In the proposed annexation? 5. Please comrnent on the cumulative tnq;act of annexation and development. i At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning , purposes? Additional Comments: _ " _ - - Vod-W rak We 7071 ' NA Y a cw .r G W ELAN M to contact N ere are questions Date r Annexation Service Area Analysis.doc 1!. SERVICE ANALYSIS ~ ELEGT IG UTILITIES A.19 I. What Is the distance to, location of, and size of tho nearest City of Denton electric W? 2, What type of lines and facilities would be required to serve this arse? ~l will ",11 L,) le evf*?e 3. Are any new lines or facilities proposed for construction to serve this area? 4. Are there any potential responsibilities N this area Is annexed? _._Ald 6. Please comment on the cumulative Impact of annexation and development. At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? I to there an accepted employee to population ratio that can be used for planning purposes? Additional Comments; I} Depdrtm.~Iok ( >r DQ~ r1 ¢o a , C U ,f ~`d hi eel R rl G f Djy so( ~a Person to oontect there are gVee s Date r« Annexation SeMce Area Analysit.doo 35, i u j I I I j j • i SERVICE ANALYSIS A•8 Solid waste i t, Is residential solid waste service available too the proposed area for annexation? j -i . j I 2. Is commercial solid waste service available to the proposed area for annexation? 3. What Is the estimated coat to provide this area with solid waste service? Equipment and Maintenance. Personnel A, What Is the typical revenue collected per. Household. / s . par 3 Commercial Business VAr < 5. V'ill additional equipment be neMed to serve this area if annexed or developed? Type of Equipment. Re-L, 13'Al Cost of Equipment. S s ,U 6. Will additional employees be needed to servo this area if annexed or developed? Type of Employees. / ,94 S Dr, Ue r a w r 'S Number of Employees, :R - 1. Please comment on the cumulatlve impact of annexation and development. At what population level would additional equipment be required? v, t,4 -70 Is there an accepted equipment to population ratlo that can be used for planning purposes? r _ is there an accepted employee to population ratio that can be used for planning purposes' Additional Comments: Person to cohto.1 If t~herea fe questions Date Annexation Service Area Anaiysls,doc lb, C, f, SERVICE ANALYSIS POLICE A•77 1. Estimated average response time for this area based on current department conditions: Priority minutes Norn•prtority 16 minutes Average 11 minutes 2. Appropriate average response time in the city based on current department conditions: Priority t3 8_ m+nutss Non-p" I5,_ minutes Average min.,tes 3. If annexed and developed as proposed will additional personnel be needed as a specific result of this propose!? ._yes_ 11 yes, how many? _3 What typs? __pollw officers 4. Will additional Equipment and funding be needed to serve this area? ____yes. If yes, what type? vehicles 6. Will a police substation or other facility be needed to serve this area as a result of annexation and development? No If yes, when should the raw facilities be operational? S. Please comment on the cumulative Impact of annexation and development. At what population level would another police facility be requlrtd? _ spprx, 100,000 Is there an accepted facilitylequipment to population ratio that sin be used for planning purposes? No _ Is there an accepted officer to population ratio that can be used for planning purposes? No Additional Comments: r F t Person to contact If there are questions Date .r F. Annexation Service Area Anslysls.doc 17, c SERVICE ANALYSIS A-V ELSE 1. Fire and Emergency Medical Services can br provided to the area from station(s) 4 A located at 32.32 1CR~ I- e 2. Estimated response time. -minutes 3. Appropriate response time In the city, minutes 4. Is a new fire station approved In the CIP that could serve this afea? No If yes, what Is the CIP program year? 6. Will a new fire station be requested In upcoming CIP proposals to serve this area? fir. If yes. when should this station be operational? 6. Total estimated funding for equipment, employees andfor facilities needed to serve this area strictly based on annexation and proposed development. 7. Please comment on he cumuta a Impact of annexation and development. --~>At what population ley w smother library facility be required? --),Is there an accepted ci lion to population ratio that can be used for planning purposes? Is there an accept employe to population ratio that gin be used for planning , purposes? Additional Comments; t .Jofri r/retie Person to contact if there are questions Date Annexation Service Area Analysie.doo 1B. t SERVICE ANALYSIS A•79 PARKS AND RECREATION 1. What neighborhood park and recreational facilities are currently serving this area of are capab a of serving this area gnnexed and/or developed (federal, slate, prk~cal)? 11 1A%r-&r . B• a ~C e , Cr c J ' 2. What projects and/or equlprnent will be neede(I to adequately serve this area if annexed and/or development based on the parka and recreation master plan or similar standards? Neighborhood Parks: a acres per 1,000 population. S acres minimum size. 743 ~i'e6c AC coat per acre. Recrestlon Center. o" square feet per 1,000 population. ,4e~ i7 ~R r-,.f s~- /s4-j -,P, ono square feet minimum size. 84. "/c( . ) co@t per square foot. /hl✓<C,] et f dog ovo-200 oc'J p" I Other facilities per 1,000 population. square feet minimum size, cost pet square foot. 3. How much additional funding will be needed for malntenance if rdditlonal park facilities 1 59 developed to serve this areal AJ, do0 cost per acre. _.,__„lmat par aquaro hot- 4. How many additional personnel would be needed to property soave this area if annexed and d yeloped? -6-116 additional personnel per 1,000 population; additional personnel per 1,000 square feet of facility: or cl/ 4TWt- additional personnel per acre of park, cost per additional personnel AdditlonalComments: dc- -e'k < a..X Rc,ieY i'e J'r, r., e"lootet ---/S~--f~ l~icc'• rr' Al Person to contact if the are questions Date r Annexation Service Area Analysls.doo ]9. ~i SERVICE ANALYSIS A•19 L18RARY 7. If annexed, can anti %p ted service demands be met using existing materials, facilities, and personnel? Yi 8. If not, how many additional em o sea a what type of tacillues and materials will be needed to provide services? '9 r 0. Estimated additional u i e ed s lc bawd onn &ad annexation and ilovelopment. W 010 i 10. Please comment on the cumulative Impact of annexation and development. At what population level would another library facility be required? ZZ 56) a Is there an accepted circylation to population ratio pat can be used for planning purposes? iTG~f1~ ors C?~.llt Is there an accepted employ to pq ule redo that ce be used for planning purposes? 41-1yr /~~_%/.S r.Y~~,tt~~ _ Additional Comments:: ~i i Person to contact If there ar3 questions ate uestions at Annexation Service Area Analysls.doo 2o. c •I i ATTACHMENT 9 i (Proposed Annexation Schedule A•78 Ryap Tract December 3, 1998 Neighborhood Meeting at City Ball West, 5;00 p.m. December 8, 1998 C+ty Council receives a preliminary assessment, gives direction to staff and considers approval of a schedule for public hearings regarding the proposed annexation. December 23, 1998 Notice published in Denton Record Chronicle for first 41 public hearing > Annexation Study prepared and available for public review > Service Plan prepared and available for public review January 5, 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. January 3, 1999 Notice published in Denton Record Chronicle for P & Z public hearing. January 13, 1999 Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning. > Public notice must be no less than 10 days before public hearing January 6, 1999 Notice published in Denton Record Chronicle for second public hearing i January 19, 1999 City Council conducts second public hearing > Public notice most be no less than 10 days and no more than 20 days before public hearing. February 9, 1999 City Cour: it (,gec•!a Call Meeting during xari session) by a four-A s vote institutes annexation proceedirgs. First reading of annexation ordinance. > Action must be more than 20 days after the second public hearing but lea than 40 days from the fin( public hearing. February 19, 1904 Publication of annexation ordinance in he Denton Record Chronicle: Msrch 23, 1999 Cit,1 Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers approval of the toning request. Council action must be more than 30 days after t publication of ordinance and lea than 90 days after couneil Institutes annexation proceedings ' ! l• < i 21. k r AGENDA INFORMATION SHEET AGENDA DATE: January5, 1994 Agenda Nti. OUl Agenda bem~''' roars` DEPARI'AiF.NT: Planning Department CAi/DCAVACM: Rick Svehla, 349-7715 9U>EI=-Z-98-055: (CoforadolAfayhIll) Hold a public hearing and consider rezoning 21.502 acres from an Agricultural (A) zoning district to a Multi-Family 1 (MF-1) zoning district. The property is legally described as Tract 9 in the D. Hough Survey (Abstract 646) and is located on the on the north side of Colorado Boulevard, just north of Mayhill Road, (The Planning and Zoning Commission recommended approve.1(7.0) with conditions.) @t1MMIlrLQ The proposed development is consistent with all of the policies and the Concept Plan map of the 1988 Denton Development Plan (DDP) as applicable and marry of the 1998 Denton Plan (DP) Policies as well Ps the drag Growth Management Plan map (see Attachment i - I Comprehensive Plan Analysis section). i The applicant has requested to rezone this property to develop in apartmem complex, The property Is currently undeveloped and is adjacent to a Ccmmercial [cond,ticnedj (C[c)) zoning district. Across the street, the Denton Regional Hospital is currently under construction. The rails-to-trails corridor det3nes the north aide of the property. This one hundred (IDO) fool wide corridor acts as a natural buffer $Atwecn the subject property and two (2) single-family residences. Y Approximately 10.65 acres of this property is located within the defined floodplain (see Attachment 1, Enclosure 6). Any development on this site will be required to dedicate the portion of the floodplain that is within the floodway, in addition to designing and constructing a drainage system to city standanis, including an on-site detention facility, in accordance with a preliminary drainage study. The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property, The developer must indicate the method by which the run-off will be carried across the property or stored on the property. r Any residential development will be required to participate in the developi:ient of public recreational areas. Through the Park Dedication Ordinance (98.039), development of this property will contribute to park land dedication and park development fees. Dedication e requirements are required during the platting process, Park development fees are required l r' ' prior to the issuance of building permits. Six (6) property owners were notified or the zoning request. Four (1) responses have been received; one (1) is In favor (subject property owner), two (2) are opposod while a fourth Is neutral to the request (see Attachment 3). The opposition Is from the two (2) land owners located on the north side of the rails-io-trails property. 2. t. I I~ 1 PRIOR ACTIONIRE .O. b 'rho Planning and Zoning; Commission recommended approval (7-0) of this zoning request on December 2, 1998, as recommended by staff with the following conditions: t. Density (units/acre) is limited to twenty (10) units per acre. 2. That no group hones are permitted. 3. 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 projeai upward to prevent the diffusion into the night sky. The location of the subject property is Identified as being strategically located within a lugh intensity area by the 1988 Denton Development Plan and within a mixed-use Urban Center by the 1999 draft Growth Management Plan, As such, staff does not feel that limiting dartsity is as appropriate as it would be in lower density areas intended for Neighborhood Centers. The 1988 DDP targets this area as part of a Major Activity Center. These areas are the largest centers strategically located to encourage the concentration of commercial, retail, office, light industrial and multi-family housing. They are intended to serve as a hub for economic activity and employment. Vehicular trip generation within major Activity Center Is not restricted. Likewise, the draft Growth Management Plan map designates this area for trixed use. Thus, the city continues to envision the development of business and high-density housing in this area. FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district, it will require no short-term public improvemenis that are the responsibility of the city. As a form of'nflil development, no extension of public Infrastructure is necessary. OPTIONS 1. Approve as submitted. f 2. Approve with conditions. 3. Approve as a Planned Development zoning district with a concept plan, thus providing an , opportunity for City council to review and approve any detailed plan at a later date. d. Deny. S. Postpone consideration. 6. fable item, ATTACHMENT 1. Planning and Zoning Commission Report, December 2,1998, Z•98.053. 2, Planning and Zoning Commission minutes from December 2, 1998. 3. Draft Ordinance. Respectfully Pubinitt eHill t,lr'v o' Director of Planning and Development . i Pr ared by: t ~W VI yn eed Planner 11 2. L c. ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT j Subject: Colorado44ayh1l1 Case Ntimb4£; Z-98-055 Bkff; Wayne Reed, Planner I Agonda Date: December 2, 1998 Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 21.65 acres from an Agricultural (A) zoning district to a Multi-Family 1 (MF-1) zoning district. The Intention Is to develop an apartment complex. s ~ jM Q ALBERTSON'S SIT ' % i Of WON y Fqs rAEOIONAL l HOPSnis 1 06 , 1 WOCKRUS PAGE RD t, JAMES~~ WOW a `T • r r"'v~ ALTPDPLE% 1 LOCATION MAP Location: on the north side of Colorado Boulevard, just north of Mayhill Road. t Size: 21.65 acres 1 'N 0.6 PL 5'~5 R,,IKA MY 3. 4 1 ' i M I ~ weaaa ~ x FAppllcarl Tom Fouts Owner: E. P. Jeske 1108 Dallas Drive, Suite 31 D P. O. Box 59025 Denton, TX 76205 Dallas, TX 75229 Yn -1; ~ S 1:6 M, The developer Is requesting a Multi-Family 1 (MF-1) zoning district classification for the subject 21.65 acre property located just north of the Denton Reglonal Hospital rite. The property is currently undeveloped. Thb site Is located within a Major Activity Center as Identified by the 1988 Denton Development Plan. KIWI" 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Major Activity Center (see Enclosure 4). These areas are the largest centers strategically located to encourage the concentration of commercial, retail, office, light Industrial and multi-family housing. They are intended to serve as a hub for economic activity and employment. Vehicular trip generation due to development within major Activity Center Is not restricted. Staff finds the proposed development to be consistent with both the policies and trip intensity standards of the 1988 DDP. Denton Development Plan f Policy Analysis Summary Major Activity Center l Development Rating vs. Policy POLICY COMMENTS %ooe~ns Irstent Consistent Intent These areas are the largest The proposal for ldgh-denslty houing is centers sbategkally breted to erxourage Wnsistent with 4V Intent or these the concentration of convrerdal, retail, renters. FAtrrnore, R mil provide new oftke, Not In*Wd and multifamily mulb-fariity lousing In dose prcdmlty to the new Denton Regional Hospital. x hwsing. Inten" standard. There Is no limt to the number of trips to be generated by devetopments in Major Advity tentem x Public- radlitles. Adewate pubpe Colo<do Boufevsrd is an Improved Infrastlxtwe, wch as road%and ublibes, seoomlM ":A, Existing water and should be available to wpport these sewer fines along the souttem boundary canters. of the wbitd lot will provlde adequate Ututies to the developrnent. x land Vse dvervity. Land use dvevgty, The proposal r eets this policy objective. ' Indudrp high densty housing, sMuld be encouraged, but new low-density hovsng t should be dscouraged. X ! Neighborfiood Protection. Low density The subject property is well within the resldenbai areas on the tinge of the Mabr Major kUvRy Center and Is not ad}attnt x Activity Centers should to protected to any bw der" neighborhoods. rt "l I'r n.-q.r,l,o-r 4. N , I , f I 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Is to be used in conjunction with the 1988 Denton Development Pian In E valuating the consistency of proposed development with the long range vision for the city. Staff ends the proposed development to be consistent with the policies of the 1998 Denton Plan. 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 I t CATAGORY POLICY inconsistent Y Consistent Transportatlom t:anpllments Denton's lon¢Range ThoroLoi Pan, x Promotes Aoass Management Practices ' x optimises operations for emergency service providers and t other "A seMce provider. ' x Promotes public transportation system. contributes to the renton Trans network Sbormwratar Drainage. Protects lob year Aoodptaln areas In aaordar ct with s Denton's watershed managen+ent plans, z.... .,y, x Eonfomu to local sxmvlslbn reglabons, J contributes to regional detention facilities. X Provides for natural riparian environment along Doodplain. X Upgrades existing aAstandard drainage systems as Infill and redevelopment ocar. x I Water and Develops and malnteins property and private 1 Wastewater. lnfrastructure, x ff!!f!f! creates oppoetur.iq for aversizing water and wastewater I it Imes to meet i development demands, x I Provides review of proposed water and wastewater Infrastructure to ensure publK safety and health. X P onotes Ini Improvements over new nne exterhsions, x Vactrle, Provdes undergrowhd etectrK si for new residential and nonresldentlal developrhent. x Ali Solid Waste. Promotes Wdent access to an demopnent for solid waste service delivery. x Parks and Reaeiii locates parks and recreation facilities In socor dance with li the Parks and Recreation strategic Plan. x Er minces parks and receation oppartunroes ror rli x Preserves floorplaln for parks and open space to aid in w' Aoodplain conservation efforts, x IJlows comdninq of parks with other pudic facilities to ~ adhkve cost-effective delivery of pii sere en x Residential developrnent should delicate land or fees In r ~Ir lieu a and For ne0bortood parks. Environmental Quality. Promotes preservabon of nai resources. x ( ! integrates ernlronmentat protMion with e[OndnK ✓ gronth and cgrvtwnity development. a 'r x i 5. u 1998 Denton Plan Policies Analysis (continued) Denton Plan Policy Analysis Summary Development Radng vs. Poky I CATAGORY POUCY trxbreaste d Not Mdse eatsistent Natghborhoeds. a se mrm uNty Wicks kv , x Er oouWa a mb&n of land uses Cwt b&*Rt reOdenft x Priteds and preserves ex>stlrg neiyhbortw d& • x Rornota bicycle aM Mdesbir traft MM and W wen nogft nods to reduce veNoAar trim x ttMW 10, Provides a range of h&Arg types ttwt appeal to Melrg emrtomk and ado" Yfe-stytet x alters a variety d fln*far* lot Ores, buiidrg Ores, and Mm mrom Preawsm aftnq hamng, k"np affordable houOrg, x Snaea s hN hwWng CwtOri w, [eorbmk cmbtutes to a shag and dverow Ww ecarary by o wsMcafion. haaasbg woa wt and o paadrg the tax base. x Ooveremant. Enmwages ewgwdmrenhi coadrabM to veme "-e fedtve public services, urtwn CNIV . Add esses ownv* appearma h a cwrp *drd e marYwl. 'A. oNerORes archited w appearma of bwft ammmert x Nemborhood hM develapmerrt #*Ad be Mwoltb e vAth olsttnq land uses aM WMnps. t Protects and prose m benlc,Ys ardritedural, DA" And N twial resxaas. r &ft,M the appearance along rrajw entranceways. Promotes Cw premvaborr of trey and Wd%W O, x OuMk imol"nont Proddes an opporb ft for public opinion durlrg the planning woom x /r I7R-0SS D' R~9 Rr~pwt.rkx ' 6. f c I ~I i 1. Transportatlon A. Trip generation The 1988 Denton Development Plan does not limit trip intensity within Major Activity Centers. High-density housing typically generates 6.59 tdps/daylunit. Hypothetically, d the protioperty we re apartment developed at complex twenty would (20) be unitslacre for a total of 433 units, the potential trip generan for approximately 2,8541rips per day. At twenty-five (25) units per acre the or a total of 541 units, it could generate somewhere around 3,567 tr,',os per day, B. Access The property would be provided one driveway onto Colorado Boulevard. This street is Identified as a secondary major arterial by the proposed Denton Mobility Plan, which is scheduled to be approved by City Council on December 17, 1998. C. Road Capacity Colorado Boulevard (secondary major arterial) is designed to carry a tolerable traffic now of 19,100 trips/day. At present, the most recent traffic counts along this portion of Colorado Boulevard Indicate that there is more than adequate capacity to handle the addition trips that would be generated from the proposed development. A traffic count at the intersection of Mayhill Road and 1.35 East recorded 853 trips going south and 3,979 trips going north. This Is well under the carrying capacity for the street. However, the Intersection of Colorado Boulevard and Loop 288 Is experiencing congestion. This Is being caused by traffic along Loop 288. Traffic counts for Colorado Boulevard at this intersection Indicate only 9,325 trips going south and 7,436 trips going north. Again, far less than its designed carrying capacity. D, Pedestrian Linkages Sidewalks along all public streets are required. This development abuts the City of Denton's rails- to-trails corridor and could present an opportunity for a pedestrian link to this proposed pedestrian trial system. I 2. Utilities This site has access to exisling water and sanitary sewer lines (see Enclosure 3): Water: a) Eighteen (18) Inch water line along north side of Colorado Boulevard. NOTE: The twenty-seven (27) Inch water line running parallel to the rails4o-trals corridor is a raw water line and Is used solely for the pumping of water from Lake Lewisville to water treatment plants. Wastewater: Ten (10) Inch sanitary sewer line running along Colorado Boulevard. r Fire: Fire hydrants are Installed along Colorado Boulevard at the minimum required spacing requirements, Public fire hydrants will be required on site in accordance l' with Chapter 34 of the Code of Ordinances. 7A J"', AZ 51.)1 Rrpnit Ua: 7. y 3. Drainage and Topography A significant port on of this property is located within the defined fioodpiain (see Enclosure 6). It is possible to devetop most of this area i1 designed to required specAcadons as outlined In Chapter 34 of the Code of Ordinances. Any development on this she 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-off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance. 5. Off-Street Parking New development must provide parking according to the regulations of Chapter 35 (3&301) of the Code of Ordinances. The total number of parking spaces required of a multi-family development is a factor of the number of bedrooms and units: One-bedroom: 1.50 parking space Two-bedroom: 1.75 parking spaces Three-bedroom: 2,00 parking spaces 6. Landscaping Tits property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). 7. Open Space and Recreational Areas This residential development will be required to participate In the development of public recreational areas. Through the Park Dedication Ordinance (98.039), this property 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. 8. Lighting There are no lighting restrictions within a straight Multi-family 1 (MF-1) zoning district. January 14, 1969 - The Eubject property was placed in an Agricultural (A) zoning district and land use classification by Ordinance 69.01 which adopted the first zoning ordinance and map for the City of Denton (see Enclosure 2). The subject property is not platted and would need to be platted prior to any development. 8. ` I r Notice of the zoning request was published In the Denton Reoord-Chronide on November 16, 1998. Six (6) property owners were notified of the request on November 20, 1998 (see Enclosure 5). As of this writing, there have been no (0) responses. No neighborhood meeting was held. Staff recommends approval of Z-98-055. The 1988 Denton Development Plan Identifies this area as a Major Activity Center. Muld-family development in this area will provide housing near to businesses, such as the Denton Regional Hospital. It will contribute to land use diversity within what should become a commercial r*ntar within the City of Denton. I move to recommend approval of Z-98-055. 1. Recommend approval as submitted. 2. Reoommend approval with conditions. 3. Recommend dental. 4. Postpone oonslderatlon. 1 5. Table hem. 1. Vicinity Map. 2. Zoning Map. 3. Utility Map. 4. 1988 Denton Development Plan. 5. 200' Property Owner Notification Map. 8. Floodplain Map. i p ~1r` r. Z W QS5 PZ Sta^10.evaUoc 9 • c ENCLOSURE 1 NORTH Z-98-055 (Colorado/WayhIll) r aQN V s _ ~R SITI~~ ~ VICINTY MAP Agenda Date: December 2,1998 Scale: None z0. ! c, ENCLOSURE 2 NORTH 1 Z-98.055 "%b,drado1MayhiI1) I r 5. r- - r i i I A to 11e LI 1 C(c) C(c) ~ i a! V C IT ~o C(c) C(c) A Ic A 1(C CANTON 1 Li Po 20 C(C) A r T LI 1 ` ZONING MAP f tl Agenda Date: December 2, 1998 Scale: None f r h E14CLOSURE 3 NORTH Z-98-055 (Colorado/Mayhlll) J P f 4 .y p ° SITE °o a Ro J DENTON Y f REOIONAL • HOSPITAL / • g FJ , ` • r EXISTING UTILITIES MAP • Hydrants • - • - Water Line (W. L.) • • Sewer Line (S. L.) t Electric Line (E. L.) Agenda Date: December 2, 1998 Scale: None 12 c ENCLOSURE 4 i) NORTH Z-98.055 (Colo rado/Mayhlll) i v r r L I 1988 DOP CONCEPT MAP FILOW INTENSITY AREA EMMODERATE ACTIVITY CENTER . MAJOR ACTIVITY CENTER oil SPECIAL PURPOSE ACTIVITY CENTER I Agenda Date: December 2, 1998 Scale: None 13. e u ENCLosuas s w NORTH Z-98-055 (Colorado/Mayhill) t p SITE $ • • J a1 S~ OENrON I REGIONAL NOlPi7AL J 1 I 200 FOOT NOTICE MAP ~f'\ r Agenda Date: December 2, 1998 Seale: None la. i ENCLOSURE 6 NORTH Z-98.055 (Colorado/Mayhill) Is r TE • , t ` V REGIONAL HOSPITAL } FLOODPLAIN MAP r, Agenda Dale: December 2, 1998 Scale: None 15. Planning and Zoning Commission Minutes ATTACHMENT 2 December 2, 1998, Page t? of 29 hit Gamer. I make a motion to accept the peUtiuner a request to withdraw. Mr. Powell: Sxonded. Commissioner Engelbrecht: It has been moved and seconded to approve the petitioner's request for withdrawal. Discussion on the motion? Aft In favor, raise your right hand. Motion carries unanimously. I - 0) Thank you. Commissioners, do you want to take five minutes, we've just lost one? Okay, wears going to take Ave to ten minutes here. The Commissoners bok a break. The Commissioners reconvened the meeting, 8. Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 211.88 acres from on Agricultural (A) zoning dhstdct to a Multi-Famlty 1 (MF•1) zoning district The proponV Is located on the north side of Colorado Boulevard, just north of Mayhili Road, R Is foggily described at Tract 0 In the D. Hough Survey (Abstract III The proposal Is to develop on apartment complex, (Z48 .055, ColoradolMoyhlll, Wayna Reed( Commissloner Engelbrechl: Okay, the Planning Commission Iz back In session and we're just about b move over to November 3-December 3. We will be moving to Item 8. also, there was a question during the break about whether we might be able to put on Item % The others-we have some folks here to speak at these ai,fic hearings. I talked to Mr, Donaldson. There appears to be a problem-this Is on the Council agenda for Deoen4cr 15, which would be before our next meeting. So, n appears they would like to move fvrward on that. So, there v ere. Mr, Power. I'm sorry, Salty. Mr. Rishel I know what you're going to say. f Mr. Powell: How can we give it Intelligent deliberation the next day. Come onl Commissioner Engelbrechl: in an Ialmess to anyone, I don't think anyone suspected we would be quite We long with the particular agenda when It was put together, l1s. Gamer, I did, Item 10 though-4 think It will be kind of short because we know most of It. Commissionor Engelbrechb Ms. Ganzar did. i Commissioner Engebrecht. Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 21.65 acres from an Agricultural (A) zoning district to a Muhl-Family 1 (Ivi zoning district. The property is txaled on the north side of Colorado Boulevard, just north of Mayhlll Road. It Is legally described as Tract 9 In the D, Hough Survey (Abstract 646). The proposal is to develop an apartment complex. Mr. Reed, would you quickly please give us the staff report, etc. Mr. Wayne Reed presented the staff report. Mr. Reed, Yes, the request Is for mulll•famliy zoning on approximately 21 acres. fhe property is currsntly zoned agricultural. It is undeveloped and is located on Vie north side of Colorado Boulevard and Is surrounded by commercial conditioned zoning, The northern boundary of this property does abut the falls to tal's corridor, The DDP Identifies this area as a major activity center end, as such, has unlimited Intensity or potential traffic generation, The property owners that were notified of li.ia request-of the ones that were notified, thorn have been five respi two were neutral, nne was In favor, and two were opposed. The two opposed constitute far less than 20%. So, the 20% rule Is not in affect. The most significant aspect of this development concerns flood plain and Vw enclosure 0 In the report, which Is page 13 shows that the flood plain takes away approximately S sues of the site leaving 13 some odd acres to be developed. A good portion of the flood plain on this property Is In the flood way; and food way, by our subdivision regulations, must bo dedlcaled to the City and no development within there, even perking lot or per,iqus parking lot area, can be built in that area So, with III one InteresOng ospecl of this site explained. I think 1 l would bo happy to answer any questions that the Commission may have of me, Commfssioner Engnlbrecht Commissioners, ony questions? The only access would be from that small point on Colorado Beulovnrd7 Me. Reed: That is correct ]6. f r i Planning and Zoning Commission Minutes December 2,1999 Page 18 of 29 Commissioner Engelbrec But then there would be, necessarily, soma impervious surface required through the floodplaln In order to access, as In terms of roadway Mr, Read: Or over 0, DaWd Salmon could address how that could be done, Commissioner Engelbfecht It would-4)Adging of somethIng would be required. Any other questions for eta" Do yore have those notices--do you want to pass those around? Is the pa'itioner or petRloner's representative present Phase give youh name and address for the record, air. Mr. Raynor, Thank you, sir. My name Is Rob Raynor. My address is 1108 Dallas Ddve, Suite 310. This particular tract-t i may show--as for as the zoning on this so, The reason that h Is not pad of the conditional zoning on the rest of gds land-the rest of tk4i land-you may know A as the Old Whitman Williams bad and at the tme It was zoned with the conditional' zoning. But this tract was not pad of that parcel of 300-plue acres, So, that Is why It remained agriculture while the rest of the land was zoned commercial. If I may also, you may need to expand that If you would. I wanted to show for you, site and ladies, the-rnixed my notes up with his. This Is a 21•scre trod of land. You wit see that this is where rke fk>odway Is, and you will see that this blue area Is the flood plain. This Is the Wfoot access easement that you were referring to. This would be the only access Ingreslogreas onto the property. We would have to look at, The buyer of the property would have to look at pairing In a bridge of some sort I do want you to know that the zoning for this is not for a purchaser at tds ume. This is the landowner that's asking for the zoning. We do not have anyone that has submitted a contact, although we have Interest in IL So, that Is why one of the reasons we are looking at this and why we did a brief study to see what kind of zoning might ft end be compoll!" with that area-and that's why we are addressing you this evening. The bulk of the property, which Is rough 13 acres that is north of the floodway, or floodplain, excuse me-you do have the blke tralla, which Is pad o the abandoned KT Railroad. We feel like that this would be a very good zoning request for acts trod of land because of the new hospital being built, We fat like this would be, with the commercial bunding going around, we fell like the housing needs for this pnrlicular oonf 'x this type of multl•famtly zoning would fit very nicely. So Nal Is the reason we have gone In for the mult)-fa mty zoning. 1 think that's enough that i have right now art 1'0 be pled to answer queatfone If there are any from you en. Conhmisoloner Engelbrecht: Yes, Ms. Gourdie. Ms. Gourdie: I understand that you 600 have a prospective buyer, but curiosity always overwhelms me, Multi- family-what was your prospect of the number of units on each acre. Mr, Raynor: That's on interesting quesilon. We really dldn t have much information we actually had to work r,lth. The thought is this land right down here. That Is approximately 3 acres, something of that magnitude. This would be the possibility of the amanitas of lentils courts or whatever thol you have along there. But the area use" In the back, we would Ilka to by to look at about-4'm going to say probably close to 1S, something In that range. We do not have that read/ for you M this ume, Ms. Gourdla: Thank you. Oommissloner Engelbrecht: Mr, RlsheL Mr. Rlshel: There appears to be several structures; am I correct on my page 9 am again on my page 13, Nr. Raynor: Yes, air, There are berms, stables that are on t,is pad. Mr. Rishel: But no visible structures; these are structures that you Intend to remove at some point M 11 Mr. Raynor I think You're not going to move them In Mockingbird, arc you? Unldentifed: No. Commlasior or FngeibrocM: Do you bwoe any other questions? Unidentified: No comments, t A f Unidsnlifnd: No. Commissioner Engelbrechl: Are there any other questions from the pebborwO Any ether questions from the petitioner? 17. i i Planning and Zoning Commission Minutes December 2,1998 w Page 19 of 29 Unidentified: No, Comrnissioner Engelbrecht: Any one present to speak In favor or the petition? Any one present to speak in favor of the petition? In that case. Is there anyone present to speak In opposition? I might say I have a card from Mr, Cunningham. Mr, Cunningham, If you would please give us your name and address for the record. Mr. Cunningham: My name Is Don Cunningham. I live at 3124 Quail Creek Road. We directly adjacent to this or rather right across the bike path as n Is the railroad for-see on the map. Our opposition was basically more it lack of Information than actual opposition. And Mr. Rayner has answered several of our questilms. Time Is our property from the `P' down the ranroad to this point here, back. Our neighbor Donaldson who has to work at night was here earlier but he left. He owns this 19.9 acres right here. So, we had a question about right from the apartments, the noise, access to end from the-which 1 Just got an answer at this point. This MF•1-we realty did not know what that concerned or Includes. And we would Me to have some Information on that, 0 possible. Commissioner £ngetbrechl: Okay. Mr. Cunningham: So, this Is basically not actual opposition--es we Just--concoms. Commissioner Engelbrechl: Concems and questions, Mr, Cunningham: Concems, fight. We have looked out our back door Ni years and seen trees and greenery. Now, we see a hospital live alorles high. These apartments are going to be between us end the hospital. So, It willbe very close to our house that we've been in. Commissioner Engelbrecht: I have and I will ask this particular question. I know the site and that son of thing, but I don't really know the elevation on the rafts to trolls, which Is the old railroad. Is that railroad bad raised behind your properly? Mr. Cunningham: No, air. Commissioner En gelbrecht, It's Pat, even with your property. So, you are, In essence straight across. Mr. Cunningham: At that point, yes. JJ Commissioner Engeibrechl. So, there Is no grade from your property across the rah to tabs Into this particular property. I mlght ask Mr, Reed or Mr. Donaldson b quickly describe MI and whet that would allow, Mr. Donaldscn: MF•1 Is generally a muiti-family toning distlct. It has some loVeres ratba per unit and generally allows a density of 30 to 35 units per acre, depending upon the number of bedrooms In each unit, It allows more small units and fewer larger units, Mr. Cunningham: Is thew more b thal? Mr. Donaldson: There Is a height restriction of 3'h stories or 3 stories. There are required Setbacks lD feet, and Ikon that is a function of height. if a happens b be greater than 2 stores, for every additional fool up, it has to to set back on additional foot. Then we have our normrd landscaping requirements that would come Into sled, Genera sy, these are the highlights of the zoned district Mr. Reed: We thought that In addition to thu obvious uses, which are allowed single-family (ineudibie) a church is allowed, a day nursery or kindergarten, group homes, occasional sates office, park or playground, public or denominational school and certain us'lity accessory and Incidental uses which (lnoudibfe) are allowed. Commissioner Engolbrechl: If I might ask for your benefit, given that we have some acreage In the fioodway, what Soria of numbers of total spa tments could be put on here roughly-some range? We have 21.3 acres. Mr. Reed: Ihiroen acres if you had 25 units to an acre, you are looking at roughly, 3 (Inaudible) r . i Commissioner Emgelbrecht How much of it was floodway? Mr. Reed: Well, less than 8 acres or fioodway. The fioodpiain was 8 acres; to floodwoy was a ponton of that There Is a solid 13.2 acres as Rob Raynor pointed out on the north side, and actually I should take that back, He pointed out Dome three acres oulsids of the floodway on the south side, So, there Is only 6 Soros located n the fioodway or Aoodptaln, more or less 18, ' .I I F'wv g and Zonirp Commisrr.on Minutes December 2. 1098 h Pape 20 of 2a l Mr. Donaldson: We would require dedication of the toodway, which then would take that out of the density ! calculation, but all of the other land could be used in the density calculation. Commissioner Enpelbrht: It would just be that they would have to build It outside of the floodway, which would give them a total of approximately what maximum bund-out? I think that v,ould be the question. ! Mr. Donaldson: Not knowing exactly what the floodway-say the floodway Is 3 acres, that would leave 18 acres or 540 units more or leas. Commissioner Eryalbrecht I might carry that one step further to say given the landscape ordinance, what would be the requirement% fia tsJferkg between that single-family residential and INS property given that them Is a rails to trails corridor bolween lore? Would that make any Merente? Mr. Donaldson: We have a statement In the landscape ordinance that requires a buffer yard between multi-far>ity, and single-family realdemV utles. We don't Specify what goes Into thel buffer other than to screen It. We have been attaching some conditions k honed districts to actually specify a buffer yard requirement Mr. Reed: In this case, staff didn't recommend one given that the calls to trails conrldor Ibet pnoudible; Commissioner Engelbrechl: Thank yw; that's an Important point because, I think generally, when you look at d, you don't realize that It h 100 feet because there Is a light-of-way there in addition to the tract area Itself. Any other questions or comments, Mr. Cunningham? Mr. Cunningham: I believe that's R. I thank you for your time Commisslomar Engelbracht: I might add, given that you've heard lhls Information, have you changed your petition to be for of ogalnst, or are you still basically undecided? Mr, Cunningham: Probably undecided. Commistloner Engetbrecht: Well, that's fine. I; cat wanted to make sure that we understood for the record. Mr. Cunningham: I'll be undecided and maybe for It. Mr. Rlahel:: Mc Reed or Mr. Raynor, I don't know w' Bch, as you showed the plans to us ea flar, k showed an appendage that connected to Colorado. Do you already own 111*7 Mr, Raynor. That Is a recorded easemen, sir Mr. Rlshel: It's a re %rded easement, s you can, In fact, make access as a drive for that. Mr. Raynor: That's the reason for the recorded easement. R Is 80 feet wide so that ft would give us the access needed for the type of zoning we wanted to make access. Ms. Gonzec Wayne, could you tell me again how many acres are going b be used? What did you say? Mr. Reed: Mr. Raynor with his documenl based upon that sold that 13,2 acres Is located outside of the f oodway on the north side, and he did state that roughly 3 octal are outside of the floodway on the South side. I am just referencing that, His documenl closely mirrored what was Included In your staff report Ms. Ganz or: I was glancing through Rand I didn't see R Mr. Reed: It closely mirrors what David Salmon provided me, which demonelales the fioodway within the floodpialn. Ms. Ganzer: Thank you. 1 Commissioner Fleibrechl: At this time. I would ask Is Ihvr myona also who would like to speak In opposition. / r Ma'am, 9 you would come drnvn to the podlum and give us yoJr name and eddrew for to record, Ms. Maryanne: Maryanne, 3124 Guall Creek Road. I would like some clardk Wn on Something, and I twupM Don was going to ask and opparenlty he didn't My understanding was that 0 the landowners owning 20 percent or more of the adjacent land area were to oppose 4, than R would require a darlAaton or vote by the City Council of six Out of seven of the members. I don't understand that. I presume because we own 11 acres that directly **Ins that i 19. i I I I I I I I I I Planning and Zoning Commisslon Minutes Derember 2, 1998 Page 21 of 29 I I together with the other person who oppos hd constituted 20 percent or more of the land. M you would clarity that, I would appreciate it Commissioner Engelbrechl: We sure will. We wIN ask Mr. Reed to do that at this Urns Mr. Reed: The two O"q owners that oppose own, of course, a large tract of land. W only the portion that Is within the 200 feet Is calculated toward the 20 percent. Since the rails to trails constitutes the first 100 feet out, their property Is actually only 100 feel deep and by ao many feel long. The calculation of that area Is lees than 20 percent of the total area. I can ask GIS to get back with me on exactly how much that was, but N was teas than 20 percent Commissioner Engelbrecht: In the event that the rails corridor hadn't been there, would they still have reached the 20 percent? Mr. Reed It very well could have. I can't say, but looking at it, M the rails to trails corridor was thera, N would come close. Commissloner Engelbrecht: I would ask that, before this goes to Council, that you would do GIS calculations bath ways. I think this Is a unique Matters and an important piece of Information to lot Council know, however this is. Let me ask you, In the event that that made the 20 percent without the rafts-lo-Valls, that would have triggered.,,, i Mr. Reed. The requirement by City Council to approve this with a super majority. At P S 2, a super majority is not required since it is but a recommendation. I Commissioner Engolbrechl: I think N would be very Important that the Council looks at this both ways and has the Information. Mr. Nobel: I'd like to ask Mr, Cunningham, who owns the property immediately to the west of you? (InaudibW kbr. Reed: We have a letter from him. Is that correct? i (inaudible) Mr. Reed: Mr. Geskl returned kh favor, c I course, because he also owns IN subject tract. Commissioner Engelbrocht: Ms. Gourdie, did you have a question while Mr. Road is up? Ms. Gourdle I would like to know, being that there Is one 60-fool right-of-way entrance and exit Into a large development, is that a safety content? II something terrible happens, r1 they be able to get out of there 0,110 Colorado Boulevard? I em just kind of In(cresled because h seems like, when wi have had large developments, we've at least had a fire exit where a second road could get people out, but In this case they, couldn't. Mr. Reed: We'll lei John Gillette answer that. \ Mr. Gillette: We don't have anything In the fire code that rimasadly requires that they have more than one entrance to a large devek)pment however, we do look at II on s cesc-by-case basis and try to make recommendations that d we think we need multiple entrances, we will bring that up at the time. It Is kind of hard to determine wllhout looking at the project per se, but it, for example from a Veloric standpoint, a lot of people want it 10 flow smoothly where they do want two access points, then they will do That It depends on the development of the project, but we don't hay anything In ordinance that says you shat have two entrancas for this size development. Ms. Gourdio: I wasn't so much saying that, just w much In the lad that (hers Is only one option mind that option Is the 60-foot rlghl-ol-way, which Is the easement, I've Myer seen that, and 1 don't know from a safety point 01 view. Mr. Glllelte: We have speeiflcations on the consiruction of the bridge and the weight requirements and things to that r h extent where we could regulate that. A r Ms, Gourdi0 Okay; .f son; thing happens to the bridge, than those people would have to slay home, r Mr. GlAatte. Yes. or an aitemale site could be worked out where there would be he a backup entrance. There have beer some projects that we've had In the last couple of years whore they have done something where N's not a 20. I k f Planning and 2oni g CommisskM Minutes Deco nber2,1848 Page 22 of n anoffrer lot, unless either where a bridge was out or something to that extent where we could gatn access from Mr !=Dwell: There would be two access r'ial. So, we have a unique Second. Points to this property, The other one is by bicycle, We don't rrorrmatly have Ms. Gourdie: That Is beautiful. I would like to see every neighborhood have a bike path access It, Ms. Powell: I Just wanted to po,nl out that that Is something unique to his unit. We don't have many of those. Ms. Gourdie: Thank you very much for comirg down and speaking, Mr, Mahal: Mr. Chairman, Mr. Salmon, H you could kind of paint me a picture of what this putential bridge over the ffoodway or what the area might look like. What sort of span are wit talking about for a bridge thal would qualify for bein^ nonrobstrucWe for us? You don't have to do a drawing, Mr, Salmon: I Just wanted o make sure I was talking aocordBq to ,he correct scale on this. It appears to me by the floodplaln map that the floodway In this location Is In the neighborhood of maybe app feet wide, which Is relatively wlda. We are talking about a pretty high dollar bridge. Mr. Rishel: That's what I am seeing, Mr. Salmon: The bridge Is going to he quite long, and you are probably talking about 5,25-$,5 million depending on how fancy they want to make IL Mr, what I seei sometime! lr the futures going to hsoamebody who develops this pfeca of to be a petty sophisticated development in order to rus staor for Mr. in su the c st of s tx!dge, Mr. Salmon: 1 would Imagine that a development that would support a bridge wide enough to cross INS fioodway le going to have to be ecmething that is relatively expenalve to support that coat. Mr. Mahal: That is what I see also. Thank you. Commissioner Eni; Arecht: Is there anyone else present who would like to speak In opposition to this particular polilion? Mr. 8ueek: I perhaps made a mistake. I don't know what the precedent Is, but at the e• 1 of our Orel case, there vat kind of a tension in the air, and this gentleman came up to me up here, end I thi maybe he was getting ready to hit me or something, It fumed out he was on case number eight. I didnt know that was Mr. Royrwh case. Mr. Raynor, I apologize for Jerking you around earlier. I dWnl raadze I would be reading this to you now, but he said how long do you think It will be before we get to case B, and I said i assume 11:00, maybe later. He said I have got to go to another meeting Is there somewhere where I can leave a note of what I was going to say? I should have been naldson said you warn) o Spay bf url i reMr. adbtend lake raueponsorohip, of courser In+what IhIe,S, Irtwe ley rig to b aeccornri dating j was trying loo be responsive to whet Mr. Powell says of being a good bureaucrat and I hope no one will be offended by this. The gentleman's name was Robert Donnelly, and he said that he lives M 3000 Duall Creek Road, Denton, Texas 78208. 1 think I pointed out where his tract was localed. He said he wants the condition that drainage will be handlud in a manner that the water level In the creek doeen'1 spread outside Its present creek bunks when the development Is completed. He says he has no problem with apartments per ts, but the other uses In MF are a problem such as: haltway Muse, group home, and airport. And lastly, he said he requests a masonry will between apartments and his property. That's all f k w and next time I'll W to find a different way to handle this. Thank you. Commissioner Engelbrecht Thank you. And by the way, prof was Mr. Bueek, our attorney for the audio record of this, A Mr, Rishel: Can I presume, once again, Mr. Salmon and Mr. Reed-axc,ee mat--tarn f pryyurM that the Rails to Trails or blks path as It Is now Is not going o--is going to pruhibil water from dralnirg old his property crib the , t neighbor's property there to the north? Mr. Donaldson: Mr. Donnelley's comment to me was he said he thought :rers was a coni peek or part of the . i creek that v.outd cross this properly and cross his. . e r f I PWw*V a hd Zonkg Commission lnotes December 2,19% Pape 23 of 29 Mr. Reed: His property, acluany, Is Lm proparty located Immediately east of this portion right here, and 0 there Is a creak, It Is running through there, and I think that's whet he's referencing.,,, Mr, Rishol: Okay; my question Is, thsn--how Is the water being chameled or how is the water being moved down the . floodway and across the bike trail or the rep trell at this paint in time. Is there culvert or what? Mr. CurnkKhom wanted b address 'hat Commissioner Engeibrachl I think weTi Just lei the engineer take care of that. Mr. Salmon: Right There are some exisling--there Is en exie8ng railroad. Commissioner Engelbrecht: I think we'll just let fire engineer take care of it 9 we might, please, sir, Mr. Salmon: There is a railroad culvert there. I mean water goes underneath the railroad or what used to t»-the railroad has been removed; the tracks hsve been removed, Mr. Rishel: But the culverts are still there? Mr. Salmon: Right. Mr, R131101: Okay. Mr. Bucek: I mljht comment In my attorney role of looking at this-the halfway house and atrport require 9UP; there not zoning as a right. Commissioner EngelbrecM: And that requires a public hearing" Mr. Donaldson: Right. And I don't think Mr. Donnelley knew that when he asked me to reed this. Commissioner £ngehbrecht: Thank you, Mr, Salmon. Is tore anyone else present who would Eire to speak In opposition to this petition? Anyone oleo present to spwk in oppoeition to this pewlion? In that case, Mr. Raynor, do you have any remarks in rebuttal? Mr, Raynor: Thank you, sir. No, I do not Me. Gamer. I haw a question for Mr, Raynor You said, ElizabeG asked you I belleve, about how many uruts par acre and you sold you thoughl probably epproxlmately 15. Mr. Raynor: That brings it up to about 200 unite. Ms, Glanzer. Okay, Do you mind d I put a eonddbn on d-a maxlmum of 207 That would make It 260 or 265, somewhere in there. Mr. Raynor: That would be fine, Ms. Ganzer; Maximum. Mr. Raynor: Yes. Mr. Moreno: I have a question for Mr, Raynor. 1 behave Mr. Seknon Indksted that a bridge across the floodway, would cost In the neiq`,b0rh00d of 111,11111 minion dofiere. Mr. Raynor: 5250, didn't he? Mr. Poo ell: He sold a quarter to a he$. Mr. Rey nor: Well, there you have It r y r Mr. Moreno: I guess, what does thei do to your cost per unit the-o, is Itwt--ft would appear b me We going 10 f make it an awfully expensive apartment complex there. Mr. Raynor: What the market will bear, sir. Mr. Moreno: The mallet wig Doer. 9 right, sir. Thank you, 22. Planning and Zoning Commisslon Mr.utes Decrrber 2,1998 Page 24 of 29 Mr. Powell. Mr. Chair. Commissioner Engerbrecht: Mr. Powell. Mr. Powen: Mr. Reyw, would you mind N we condition this-That you would have to jog on this track, Commissioner Ergeibrecht: Given th. wmmenls of Mr. Donnelly, k woad appear the halfway house and airport requite an SUP, which would require a public hearing, special use permit, by C a wary, which would require a public hearing, but he was opposed to a group home, which would not. Do you have am real opposition to a condition that we :b not allow--restrict group homes? Mr. Raynor: I tNnk we can five with that, too, air. Unless, of course, Mr. Powell Is going to be one of the first and release to the group home, then I would like to see 0 we could keep R. Commissioner Engelbrecht: Okay, well see It we can pet that In the motion. Mr, Raynor: Thank you, air. Commissioner Engelbrecht: It's getting late. I can ten, folks, Ary other questions for the petitioner! Appears not Thank you, sir, Mr. Raynor: Thank Sou, air. Commissioner Engelbracht: Given that, the public hearing Is closed. Mr. Reed, any final staff remarks. Amu the stalf recommendation again, if you would, please Mr. Reed: No further fomarks. Staffs recommendation is for approval. Be happy to answer any other questions. Commissioner Engelbrecht: Commissroners, any questions? Yes, Ms. Garter, do you have 0 question for Mr. Reed. Ms. Canter: No. Commissioner Engolbrechl Any other questions for Mr. Reed? Any discussion or motion? Ms, Gourdle: Wait-wall. Before Carol Ann does that, can I ask a question? I know you're going to put conditions on that and I love that Idea. Can you also help Mr. Donnelly on his request for a fence in your conditions somehow, someway? Ms. Canter: Not If It backs up to that Rails and T,sila, can we? Ms, Gourdle My concern is tfec-,c "ad, you had something to say there. Mr, Reed: A fence, 9 Its a condition, would be placed on Ilq property, which would be tha south aide of the Rals•to- Trails CoMdor, which would be a 100 lest south of the property to the north. So y Ma. Gourdie: I'm Just concerned about the people on the Pella and Trails going and vtsilirg the people In the Mull l• }a Family-things like that, which, to lie, could be a 1111110 bit more of a security problem than an aesthetic problem, and that's why I'm thinking that people realize thes not for them to go to trals where you're at. Me. Canter: I don't have a problem with that. Is that al right to do that against where that Is. I mean. Rob, is that e problem? Mr. Powell: Wouldn't that be a market condition, rather than I.- Ms .Oanter. Marketing. r r' Mr. Powell, If there's a safety problem, that's up to them to do that for their marketing. Ifs surely not going b be a visual problem 011's a 100 lest away. Mr. Reed: Staff Isn't recommending a fence. Ms. Gourdis?: Okay. Go for N. 2!, Planrdrp and Zonlrg Con mMion Minutes December 2,19911 Page 25 of 29 Ms, Garner, I'd like to make a motion. I move to recommend approval of 2.98-055 with the condition that there be no more than 20 units per acre and riel there be no group homes showed on this parcel. Ms. Apple: Second. Commissioner Eggelbrechl: Yes, sometNng that stall did not include. What was pointed out to me wea our standard lghting statement, and I believe Mr. Cunningham did ask about that. Mr. Reed: I'm not a lighting expert but a 100 feet distance batwean the property In question end the residential property to the north seems to be a large distance, Mr. Donaldson ntede a comment on that. Ms. Apple: The d"uslor In the sky. though, will still be significant. Ms. Gamer, Speaking from experience, it doosnl have to happen this way. But 99.9% of the Apartments I've ever seen are going to have the sodil im lights on top of the building going down toward the parking lot, and they do not shLte out around the netghbort, r Ms, Apple: Just In case, I would be comfortable putting that in there. We have Included It in most In the pest Mo. Gamer. May. All right. And that the lighting.., Commissioner Engelbrecht Would you accept a friendly amendment to include the standard lighting statement that we Fave, and eta" will add that because we have had another case, Ms. Gamer. Yes; that's "ne. Ms. Apple: Let me second that. Mr, Di jIdson: Might I have a clarification on the first part of your IlmRsGon. It says there are 2155 acres, but t think that InciAes a flood plain and a bunch of things. Am you talklrtg about... Ms. Gamer. I'm talking about the nort•ltood plain-the 13.2 octet. Mr. Powell:., the nOn•fbodway? Ms, Ganzer. The non•fioodway, Commissiner Engelbrecht: In essence, you're seyk+g MF•1 with 20 units to the acre as opposed to the 3035 that will be allowed by the Code and the rest will take care of Itself. 111 Follow the standard procedure. May. Could we have a motion to approve with three oonditia:a.... Mr. Rishel: I would l1ka a cienficstlon. I think Mr Reynoes statement was that there was 13.2 acres that was north of the floO stain or Aoodway and 3 acres that was south of that. Now, I lust want 10 hear a clarlflcation, Carol Ann. Ms. Ganzer'. That's fine. I'm just saying a condition of 20 unh per Commissloner Ergelbrechl: Instead--as opposed to.... Mr, Rlshel: Based on the t8 2 awes, Me. t;anzet: Based on whatever is usable. fdr. Rishel: Thank you. f Commissioner Engelbrecht: And the second condition Is no halfway houv s and third, ate -Jard lighting. Ms. Ganzer, No group homes, haUsy house,. or SUP, no group horses. and then thlo standard lighting. Commis9lomer Engelbrecht: Okay. Everyone's comfortable. You secaMed7 I 1 f p' \ t Mo. Ganzer. Yes. Commisaloner Engelbreahl. An rift any discussion on the motion? All In hvor, plesse raise yo_ir right hand. Motion Carlos unanimously. Q -0) i 2S. +l i CD n-r C .r gIMi NaffiNHfp~~, MidV ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A MULTI-FAMILY 1 (MF-l) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 21.502 ACRES OF LAND LOCATED ON THE NORTH SIDE OF COLORADO BOULEVARD, JUST NORTH OF MAYHILL ROAD; PROVIDING FOR A PENALTY IN TILE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Tom Fouts, on behalf of E. P. Jeske, has applied for a change in zoning for 21.502 acres of land from an Agricultural (A) zoning district r1w;fieation and use designation to a Multi-Family i (MF-1) zoning district classification and use designation; and WHEREAS, on December 2, 1998, the Planning and Zoning Commission recommended approval orthe requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEC] [ON 1. That the zoning disti ict classification and use designation of the 21.502 acre t property described in the legal descriptioc attached hereto and incorporated herein as Exhibit A is changed from Agricultural (A) zoning district classification and use designation to Multi-Family 1 (RIF•1) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1 • Density (units/acre) is limited to 14enty (20) units per acre. 2. That no group homes are permitted, 3. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential properly or to shine and project. upward to prevent the diffusion into the night sky. SECT ION Il. That the City's official zoning map is amended to show the change in zoning district classification. SECTION Ill. Chat any person violating any provision of th;s ordinance shall, upon , A, - conv-'.f ion, 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 S. C. k t SECTION rV. Thit this otdipance "I become effective foumen (14) days from the datt of its p4mage, and the City Secretary is hereby directed locust et caption of this ordinwee to be published twice in +b Demon kecord-Monicle, a daily newspaper published in the City of Denton, i Texas, within ten l10) dal s of the date of its passage. PASSED AND APPROVED this the,__ day of 1'N7. JACK MILLER, MAYOR ATTEST; MoNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LWAL FORM! HERBERT L. PROUTY, CITY ATTORNEY . F, 26. 0 c~ 1 i EXHIBIT A ALL TH.1T C ERTAIN TRACT OR PARCZL Of LAND LYING AND BEING SITUATM aN THE D. HOUGH SURVEY, ABSTRACT No. 646, Dt+NTON COUNTY, TEXAS, AND THE D. LAMRSAT SURVEY, ABSTRACT No. 714, DENTON COUNTY, TEXAS, AND BEING ALL OF A (CALLED)21,5021 ACRE TRACT DEX7MM IN A DEED FROM TWIN HnLS JOINT VENTURE TO 1„ JESIM DATED APRIL 19, 1984, RECORDED IN VOLUME 13116, PAGE 377, UAI, PROPERTY RINCO?.OS, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN A DEED FROM FDIC TO EPIC DEVELOPMENT, INC., DATED JUNE 4,1992, RECORDED IN VOLUME 3245, PAGE 699, REAL PROPEF TY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGNMNO AT TIE SOUTHWEST CORNER OF SAID HOUGH SURVEY, AND THE SOUTHEAST CORNER OF THE 1. WHITE SURVEY, ABSTRACT No. 1433, DENTON COUNTY, TEXAS, ALSO 11E11'0 THE SOUTHWEST CORNER OF SAID JESKE TRACT, AT AN INNER ELL CORNER fJ SAID EPIC DEVELOPMENT, INC., TRACT; THENCE NORTH 01 DEGREES 06 MINUTES 14 SECONDS EAST WITH THE WEST Lm OF SAID JESKC TRACT AND THE WEST LINE OF SAID HOUGH SURVEY, AND THE EAST LINE OF SAID WHITE SURVEY, A DISTANCE OF 981.21 FEET TO A CORNER AT THE NORTHWEST CORNER OF SAID IESKE TRACT ON THE SOUTH RI0HT-0F.WAY OF THEM. K. A T. RAILROAD (ABANDONED); THENCE SOUTH 63 DEGREES 45 MIMITES $2 SECONDS EAST WITH A NORTH LINE OF SAID JESKE TRACT, A DISTANCE OF 10514 FEET TO A CORNER THENCE SOUTH 64 DEGREES 3 i MINUTES 40 SECONDS EAST WITH A NORTH LINE OF SAID lEm TRACT, A DISTANCE OF 1322.44 FEET TO A CORNER AT THE AEODININO OF A CURVE TO THE RIGHT; THENCE WITH !AID CURVE TO THE RIGHT, HAVINO A CENTRAL ANGLE OF 17 09ORM 29 MINUTES J4 SECONDS, A RADIUS OF 1160.11 FEET, AN ARC LENGTH OF $74.00 FEINT, A CHORD WHICH SEARS SOUTH 56 DEGREES 59 MINLR'ES 42 SECONDS EAST, A DISTANCE OF 57!.'11 FEET TO THE SOUTHEAST CORNER OF SAID JESKE TRACT; + THENCE SOUTH 11 DEGREES 13 MINIlTF.S 36 SECONDS WEST, WITH THE SOUTH LIVE OF SAID JESKE TRACT, A DISTANCE OF 171742 FEET TO THE PONT OF 9EOIVNINO AND CONTAINING IN ALL 21 $02 ACRES OF LAND, 27. j 0 I ai rrr f w w 4 s ♦ k r + r tt~o i ■ ON ■ ~ w NOY6N /uRrtr tl w t N6 1W4% uu~ ~ i < ~ (1/tl/ A~MNwk M IUUt♦Ml l ri■ A/tTRAOT Nw 14t ~ZOO i a ~OL6 /~~~t a LAY/tRf tYRYtY y~dN~ A/aTRAOT Na 904 /t.y O~~tAND ~I LOCATED IN THE D. lAAl9EA1 Sut~VFY, A9STNACI No. 764 D. Ii000H SURVEY, A99IMCT No. 646 CRY AND COUNTY Of OENTON, TE1Gl5 t. u A.penda item _17 _ AGENDA INFORMATION SHEET Date.__ ~ - s. AGENDA DATF.t January 5,1999 DEP,°.RTMENTt Engleseering & Transportation CMJDCMJACMt Rick Svebla, Deputy City Manager SUBJECT& AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITINO PARKING ON THE EAST SIDE OF PENNSYLVANIA DRIVE FROM TEASLEY LANE TO SOUTHMONT DRIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. BACKCROUND1 ! The Catholic Church, located at 1801 PemtsyIvanla Avenue, has experienced a lot of growth in recent months. People are parking on both sides of the street causing safety and emergency access concerns to the neighborhood, The Southmont Baptist Church has excess parking for its facility. They have offered to accommodate the Ca holic Church by offering additional parking to them. Both entities have dircussed this with the local Somhmont Homeowner's Association and they are in agreement RECOMME,NDATIONs Staff recommends approval, PRIOR ACTIONU11EV1EW (Council Boards. Commission The Traffic Salty Commission reviewed this at their October 1998 meeting and unanimously approved the no parking request for the east side of Pennsylvania Avenue from Teasley Lane to Southmont Drive. a FISCAL WSMATIO Estimated cost for signage, etc approximately • $200,00 Respect i m ti govt Sam , Eng n ring Administrator ' (fir for Jerry Clark, Director Prepargd by: Engineering & Transportation ± j 4L01sobce t, 0 t.~ r Traffic Safety Commission Minutes Octvber 1998 ~r ITEM V REVIEW AND CONSIDER APPROVAL OF A REQUEST FOR PROHIBITING PARKING ON THE EAST SIDE OF PENN SV LVANIA STREET FROM TEASLEY LANE TO PENNSYLVANIA COURTt Clark said this is a re"M from Southmoni Baptist Church. If you look on the map, which Is the third page of the agenda, this "eat will run from Teuky Lane which is the cut west road running down to near Pormiylvanta Court This area Is coiled the Southmont subdivision. The Southmont Baptist Church is on the cut and there is a Catholic Church on the wt It, The Baptist church bss mort than. adequate parking, Apparently, the Catholic Church is growing and they did Dot build enough pa3 WS and ate overflowing constantly, They us the majority of people puking on the road, The Soutbtont Baptist Church has offered some of their remote puking to the Catholic congregation. Both the Southmont lfomeownet's Association and the Baptist church are to fever of the tequest This Is a good cooperative effort where that is a bomeowners association working with two churches. The person who probably had the best opportunity to etmpromise did. it Is a good opportunity to make something work for the good of all. It gives back the good emergency exess to the the and police. 'ibis will have to go to City council for foul approval, STAFF ItECOMMEM,ED: Approval COMMISSIONER& Ridens nude a motion to accept staffs recommendation. Sswko seconded the motion. Motion passed unanimously. j w f I f'60 A t Pose 9 of 10 2 t C v h ~ fl$ 'Southmont Baptist Churoh Dr. Larry R"noldr' ft" September 28, 1998 I Mr. Jerry Clark Director of Engineering Transpons-lon City of Denton 221 N. Elm Denton, TX 76201 Lear Mr, Clark: The Propeattto Committee of Southmont Baptist Cturch her asked me to trite to you requesting that the portion of Pennsylvania Avenue bordering our chv nth property be aedgnated a "No Puking" zone. We we making this request in cooperation with the Seuthmont Place Propxrty Owners Association. Designating one side of Perwovania a "No Parking" zone will Improve tra& flow and enhance safety in the area. Currently, on Sunday mornings what can aro puked on bah sides of the street, exiting our parking lot Is harardous for automobiles and nearly Impossible for our church bus. Thank you for your consideration of this matter, S~incerel Lf 404e' Larry iCeynolds Pastor cc: Mr. George MOWN President, Southmont Piave Property Owners Association I 2601 Pennsylvanis Avenue Denton, Tat" 76906 10q W-3313 r w A , C]UT GE a w J ~ CRfTl 5~ w N j t- v ~ N S ~ A tip` W Q LYMHURST L Q~ LYNHURST L Q SKYLARK DRIVE GATEVOOD DRIVE, y q- SANDPIPER DRIVE. J v i OAKS S ERISE IR, HA L DRt ~ ISH S v~ ISOS~ vv A I 1 S DESTIN DR. I HtAST ST. SOUTHM MON CITO ~B T OAK N l~1tP W HENTOAKS DR. CY • vi C EL GIELITO l t,• ~ G. NO PARKING #7 EAST SIDE G U I I FROM DENTON CITY RTTDRNrY FAX ND.1 1403427123 12.21•/1 1e1ee4 ►.ea ORDMANCE N0. AY ORDINANa or THE CITY OF DEMON, TEXAS PROHIBITINO PARMG ON THE EAST SIDE OF PENNSYLVANIA DRIVE PROM TEASLEY LANE TO SOUTITMONT DRIVE; PROVIDING A SAVINUS CLAUSE; PROVIDING A SEVERAbi ITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS: AND MZI.ARENG AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ;?F;S,=L Whin signs or markings are In place giving notice thereof, no persun shall Park a vehlclc at say time upon the following street in the City of Dentow Qt Pennsylvania Drive from its intersection with Teasley Lane to its Entersacilon with Scnthmont Drive. SECTION 11. The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the designated portion of the above named street or strcets except when it is necessary to stop a vehicle to ovoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. 5ECTIOIJ IlL That all provisions of the ordinances of the City of Denton In conflict with the ptvisions of this ordinance ue hereby repealed, and all other provisions of the urdinences of the City of Denton, not in conflict with the provisions of this ordinance, shat' remain in full force and effect. SIRC110N IV- That if any provision of this ordinance or application thereof to any person or circumstance is held Invatid, such invalidity shall not affect P.3 other provisions or applications, and o this end the provisions of this ordinrrtce are sevetable. SLCTIONV. Any person adjudged guilty of puking a vehicle in violation of this ordlnence shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). RECTI4`MThat this ordinance shall btconte effective fburieen (14) days from the date of Its passage, and the City Secretary is hrnby directed to cause the caption of this ordinance to be published Tw7ce In the Denton Record-Chaonicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND.,PPROVED this the day of 19" JACK MILLER, MAYOR i a r10N1 DINTON CITY ATTONNIY /A% NO.0 119103t933 12.11.11 11111A 0.64 ATTEST: JENNIFER WAIXERS, CITY MAETARY BY:_~ APPRUVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY ts~~_glz "41 ' I { I u PAO£Z t o .wIOL11r,laNy.Cd q.r~..Q.~r.r1.n.Mn.4M~xYr AgwdA No A9ond3 Item.-- Data .r t'~ $ AGENDA INFORMATION SHEET AGENDA DATEt Jsnuaty 5,1999 DEPARTMENTt Fiscal Management and Municipal Services ACMI Kathy DuBose SUBJECT A resolution granting approval to the Denton Courty Housing Finance Corporation for the use of the proceeds of its series 1998 Single Family Mortgage Revenue Bonds to finance home mortgages for single family homes located within the City of Denton; and providing an effective date. BACKGROUND This resolution allows the City of Denton and it's first-time homebuyer constituency to participate In Denton Coanly's 1998 singlafirunily mortgage revenue bond program, More than 330 Denton County families vrill have acce.e to below-market mortgage rates tht Hugh a $23.4 million home mortgage bond finance agreement developed by the Denton County Housing Finance Corporation (HFC) and Fannie Mae, the nation's largest sou,:!e of home mortgage 'Unds. Fannie Mae has agreed tr purchim the entire $23.4 million single-family, tax-exempt mortgage revenue bond irsuance from the Denton County HFC. The bond proceeds will be made available throufh eleven mortgage lenders to provide financing for 30-year, fixed-rate mortgages with a below-market interest rate of 6.375 percent. The Denton County HFC will pay 3 percent of qualifying borrowers' down paymc H nr closing cost. Fannie Mae's Community Home Buyer's Program and Fannie 97-flQxibde, low down payment mortgage products-can be used by eligible applicants in conjunction with the f RFC's down payment and closing cost assistance. Loans are being offered on a first- come, first-scrvedbasis. Borrowers may p,,-chase new homes valued at up to 5122,684 and existing properties for up to 5114,416. Income limits for single borrowers and families of two are $54,400 and 562,360 for families of three or more. The program Includes all cities within Denton County with the exception of Dallas and Piano. ~ The participating lenders are as follows: a AccuBank Mortgage Corporation a Norwest Mortgage, Inc, 1 ~7 . e • Sunbelt National Mortgage a TexasBank e First State Bank of Texas v CTX Mortgage Company s The GM Group, Inc. • Temple-Inland Mortgage Corporation • Countrywide Home Loans, Inc, First Federal Saving Bank of North Texas • Sterling Capital Mortgage Company The board of Denton County Housing Finance Corporation consists of Scott Armey, Bob Castleberry, Mark Chew, Kathy DuBose, Don Hill, Jim Jenne, Jeff Krueger, Linnie McAdams, deff Moseley, Harold Perry and Kirk Wilton. Cities who participate with a Housing Finance Corporation that is not their own AW have a population of greater than 20,000 are required to pass a resolution before it's homebuyer constituency can partake of the program. OPTIONS I. Approve the resolution, 2. Disapproval of the resohation would disqualify any City of Denton residents from participating in the program. RECOMMENDATION We recommend approval of the above referenced resolution. FISCA INFORMATION There is no fiscal impact on the City of Denton. Respectfully submitted: Kathy DuBose Assistant City Manager A: T ~1f~ t r 2 r s, t t I ~I I RESOLUTION NO. A RESOLUTION GRANTING APPROVAL TO THE DENION COUNTY HOUSING FI- NANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 1998 SIN- GLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY; AND PROVIDING AN EFFEC- TIVE DATF, WHEREAS, pursuant to the Texas Housing Finance Corporation Act, Chapter 394, Local tiovemment Code, V,T.C.A, (the "Act'), the creation of the Denton County Housing Finance Corporation (the "Corporation') was approved by the goveming body of Denton County, Texas (the "County'), to provide a means of financing the cost of residential ownership and develop. ment that will provide decent, safe, and sanitary housing for residents of the County at prices they can afford; and WHEREAS, in accordance with the Act, the Corporation is not permitted to provide fi- nancing of home mortgages for homes which are located within a municipality with more th-in 20,000 inhabitants as determined by the Lorporation's rules, resolutions relating to the issuat cc of bonds, or financing documents relating to such issuance, unless the governing body of the municipality approves the application of the Act to the property located within the municipality; and WHEREAS, the Board of Directors of the Corporation has requested the approval of the goveming body of the City of Denton, Texas (the "City") to provide financing for home mort- gages for homes within the City with the proceeds of the issuance of the Corporation's proposed Series 1998 Single Family Mortgage Revenue Bonds (the "Bonds'); NOW, THEREFORE, THE COUNCIL OF Tilt CITY OF DENTON HEREBY RES01 VES: SECI IQy_(, That the preambles to this resolution are hereby adopted in their entirety and incorporated herein as though set forth in full herein. SECTION 11. That the governing body of the City hereby approves the application of the Act to the property within the City and grants its approval to the Corporation for the use of pro- cceds of the bonds to finance home mortgages for single family homes located within the City. MCTIO lI1• That, in accordance a ith §394,033 of the Act, these Bonds are limited obligations of the Corporation and are payable solely from the revenue, receipts, and other re- sources pledged to their payment. The City of Denton, Texas is not liable In any way regarding these bonds. Neither these bonds nor any agreement or obligation of the Corporation shall con- stitute an agreement, obligation, or debt of the City of Denton, and the City of Demon shall have no liability for the pay.nent of the bonds, nor shall any of its assets be pledged to tLe payment of the bonds. i 00.i r. u f SMION IV. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the -__day of . 19-, i JACK MILLER MAYOR ATTEST: JENNIFER WALTER.S, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: c c~ i JNAAF.DD[ITL000+ Ooe.r~'JMuNw~afAurkA •.~px~ia M r r 1 OOs _ _ ~~sssranussrnsssasasiss■t . c Ajv1d4 N°, Agoida bate AGENDA INFORMATION SHEET AGENDA DATE: January 5, 1999 Questions concerning this franchise may be directed to Mike Bacek, DEPARTMENT: City Man rger City Attorney's Office at 30.8333 CM: Michael W. Jez SUBJECT: Consider adoption of an Ordinance on First Reading whereby the City of Denton, Texas, grants to CoServ Gas a non-exclusive franchise to furnish, transport, sell and distribute gas to customers in Dcnton, Texas, for a period of ten (10) years for a franchise fee In the amount of 311: of revenues collected and providing definitions; providing a payment schedule and statement of revenues, providing franchise fee not in lieu of other fees and contract obligations; providing dependable gas ripply at lowest reasonable costs; providing obligations regarding company facilities, long-range planning for capital improvement projects, City review of construction and design, requests by City for relocation of company facilities and work by others; providing for changing boundaries of City and abandonment; providing City not required to advance funds, providing for technological improvements; providing for compliance with City rules and regulations, Railroad Commission specifications and regulations, and environmental laws; providing office location, reports on company operations and activities and detailed bills; providing City held harmless and indemnification, notice to company, insurance and bonds; providing payment of expenses incurred by City in relation to ordinance; providing right of first purchase, right to purchase or condemn, limitations of company removal of facilities, transporo..Won and procurement of gas by City and curtailment; providing civil penalties, foreclosure, forfeiture and termination and other legal remedies; providing no waiver, rights of successors and assigns, representatives and notices, sacrability, entire agreement, company approval, annexation to the City and third parries; providing compliance with City Charter and application of terms in competing franchises; and providing on effective date. BACKGROUND On June 2, 1998, the City Council approved a Telecommunications Franchise for CoSen, and shortly thereafter CoServ began negotiations with City staff for both Gas and Electric franchises. The attached franchise is patterned after the form franchise that was composed In 1998 by a subcommittee of Councilmembers, City Managers, Public Works Directors and City Attorneys from d coalition of 70 - 80 cities known as the Texas Coalition of Cities on Franchise Utility Issues ('fCCFUI). The only other gas franchise approved by the City of Denton is with Lone s t Star Gas Company and was approved by the City Council on July 20, 1982, and expires the end of 2001. The proposed franchise is for a term of 10 years and provides compensation similar to Lone Strr's franchise, 3% of the revenue of CoServ from the sale of gas within the City, The new franchise is superior to Lone Star's In several aspects: First, it better protects the City from liability that may accrue from CoServ's negligence in the construction, maintenance and 1 i Agenda information Sheet Agenda Date: January 5, 1999 Page 2 operation of its proposed distribution system. Second, the new franchise provides civil penalties of $200.00 a day for ee.^.h day CoServ fails to comply with operational or maintenance standards of the franchise or fails to provide in a continuing manner the services requested by Customers in reliance on the franchise. Third, the franchise provides it may be terminated by t!,a City for repeated violations of the terms of the franchise and failures to provide the services required by the franchise. By the letter from Don Leverty, with CoServ Gas, to Michael Bucek dated December 10, 1998, CoServ accepts the franchise In its present form. This Includes the provision of the franchise that requires CoServ to pay the City's costs for publishing the ordinance in the Denton Record- Chronicle. ESTIMATED SCHEDULE OF PROJECT CoServ will not be able to provide gas service to prospective customers until afler the franchise is effective. Before such ordinance can become effective, it must be passed by a majority vote of the entire City Council at two (2) regular mmings of the Council and the ordinance shall not take effect until twenty-one (21) days after its final passage. The second reading is scheduled for January 19, so CoScrv should be able to begin construction in City rights-of way around February 9, 1998. The franchise requires CoServ to provide services to the City no later than nine (9) months after the passage of the ordinance. FISCAL INFORM TA ION The definition of "Revenue" In the CoServ franchise is almost identical to the definition of "gross receipta" in the Lone Star franchise, so if existing customers of Lone Star switch to CoServ, the change in franchisee should be financially neutral. Of course, if competition brings the price of gas down, then revenuWgross receipts will decline with existing ratepayers. We believe CoServ plans to construct its distribution system in new home construction areas, so compensation from CoServ should be In addition to the compensation the City is presen,ly receiving from Lone Star. RECOMMENDATIONS Staff recommends adoption oroe ordinance. Respectitilly submitted, r ichaelW c an erIr'\ Attachment No, l; Proposed Gas Franchise Ordinane„ Attachment No. 2; CoServ letter of December 10, 1998 Z [ MIMOtl41 }lMMar~ h W~ Y Ilry r r I ORDINANCE NO. 1 I AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, GRANTS TO COSERV GAS A NON-EXCLUSIVE FRANCHISE TO FURNISH, TRANSPORT, SELL AND DISTRIBUTE GAS TO CUSTOMERS IN DENTON, TEXAS, FOR A PERIOD OF TEN (10) YEARS FOR A FRANCHISE FEE IN THE AMOUNT OF 3% OF REVENUES COLLECTED AND PROVIDING DEFINITIONS; PROVIDING A PAYMENT SCHEDULE AND STATEMENT OF REVENUES; PROVIDING FRANCHISE FEE NOT IN LIEU OF OTHER FEES AND CONTRACT OBLIGATIONS; PROVIDING DEPENDABLE GAS SUPPLY AT LOWEST REASONABLE COSTS; PROVIDING OBLIGATIONS REGARDING COMPANY FACILITIES, LONO-RANGE PLANNING FOR CAPITAL IMPROVEMENT PROJECTS, CITY REVIEW OF CONSTRUCTION A14D DESIGN, REQUESTS BY CITY FOR RELOCATION OF COMPANY FACILITIES AND WORK BY OTHERS; PROVIDING FOR CHANGING BOUNDARIES OF CITY AND ABANDONMENT; PROVIDING CITY NOT REQUIRED TO ADVANCE FUNDS; PROVIDING FOR TECHNOLOGICAL IMPROVEMENTS; PROVIDING FOR COMPLIANCE WITH CITY RULES AND REGULATIONS, RAILROAD COM.A41SSION SPECIFICATIONS AND REGULATIONS, AND ENVIRONMENTAL LAWS; PROVIDING OFFICE LOCATION, REPORTS ON COMPANY OPERATIONS AND ACTIVITIES AND DETAILED BILLS; PROVIDING CITY HELD HARMLESS AND INDEMNIFICATION, NOTICE TO COMPANY, INSURANCE AND BONDS; PROVIDING PAYMENT OF EXPENSES INCURRED BY CITY IN RELATION TO ORDINANCE; PROVIDING RIGHT OF FIRST PURCHASE, RIGHT TO PURCHASE OR CONDEMN, LIMITATIONS OF COMPANY REMOVAL OF FACILITIES, I TRANSPORTATION AND PROCUREMENT OF GAS BY CITY AND CURTAILMENT; PROVIDING CIVIL PENALTIES, FORECLOSURE, FORFEITURE AND TERMINATION AND OTHER LEGAL REMEDIES; PROVIDING NO WAIVER, RIGHTS OF SUCCESSORS AND ASSIGNS, REPRESENTATIVES AND NOTICES, SEVERABILITY, ENTIRE AGREEMENT, COMPANY APPROVAL, ANNEXATION TO THE CITY AND THIRD PARTIES; PROVIDING COMPLIANCE WITH CITY CHARTER AND APPLICATION OF TERMS IN COMPETING FRANCHISES; AND PROVIDING AN EFFECTIVE DATE; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: TABLE OF CONTENTS 1. DEFINITIONS 2. GRANT OF FRANCHISE 3. TERM OF FRANCHISE 4. FRANCHISE FEE \ PAYMENT SCHEDULE 6. STATEMENT OF REVENUES t 7. FRANCHISE FEE NOT IN LIEU OF OTHER FEES 8. CONTRACT OBLIGATION 9. DEPENDABLE GAS SUPPLY AT LOWEST REASONABLE COSTS e rMOrrn,ad.. o. u.s«r 3 t, I W. OBLIGATIONS REGARDING COMPANY FACILITIES 11. LONG RANGE PLANNING FOR CAPITAL IMPROVEMENT PROJECTS 12. CITY REVIEW OF CONSTRUCTION AND DESIGN 13. REQUESTS BY CITY FOR RELOCATION OF COMPANY FACILITIES 14. WORK BY OTHERS, CONSTRICTION BY AAUTTING OWNERS I$, CHANGING BOUNDARIES OF CITY AND ABANDONMENT 16. CITY NOT REQUIRED TO ADVANCE FUNDS 17. TECHNOLOGICAL IMPROVEMENTS 18. CITY RULES AND REGULATIONS 19. COMPLIANCE WITH CITY AND RAILROAD COMMISSION QUALITY SPECIFICATIONS AND REGULATIONS 20. COMPLIANCE WITH ENVIRONMENTAL LAWS 21, OFFICE LOCATION 22, REPORTS ON COMPANY OPERATIONS AND ACTIVITIES 23. DETAILED BILLS 24. CITY HELD HARMLESS 25. NOTICE TO COMPANY 26. INSURANCE 27. BONDS 28. PAYMENT OF EXPENSES INCURRED BY CITY IN RELATION TO ORDINANCE 29. RIGHT'LO FIRST PURCHASE 30. CITY'S RIGHT TO PURCHASE OF CONDEMN 31. LIMITATIONS OF COMPANY REMOVAL OF FACILITIES 32. TRANSPORTATION AND PROCUREMENT OF GAS BY CITY 33. CURTAILMENT 34. PENALTIES 35. FORECLOSURE 36. FORF EITURE AND TERMINATION 37. OTHER LEGAL REMEDIES 38. NO WAIVER 39. SUCCESSORS AND ASSIGNS 40, REPRESENTATIVES AND NOTICES 41. SEVERABILITY 42, ENTIRE AGREEMENT 43. COMPANY APPROVAL, 44. ANNEXA RON TO THE CITY 45. THIRD PARTIES 46. COMPLIANCE WITH CFIY CHARTER 47. APPLICATION OF TERMS IN COMPETING FRANCHISE 48 EFFECTIVE DATE I. DEFfl10NS: For the purpose of this Franchise, the following words and phrases shall have meaning givun in this section. When not inconsistent with the context, words used in the present tense include future tense, words in the plural number include the singular number, and words in the singular y f tr c. number inclue. the plural number. Tlu word "shall" is mandatory and "may" is permissive. Wor& not defind in thl-, section shall be given their common and ordinary meaning. "Affibite" means any entity controilinp, controlled by or under common control with the entity in CIM6 m, I r .moownwcw. a twrr 4 c I t "City" means the municipal corporation desigwted as the City of Denton and includes the territory as currently is or may in the future be included within the boundaries of the City of Denton. "City Council" means the legislative body of the City, "City Gate"means "City Manager" means the City Manager of the City of Denton or his designee, "Company" means CoServ Gas, but does not include its Affiliates, subsidiaries or any other entity in which it has an ownership interest. "Facilities" means all property both real and personal of the Company which are reasonably necessary to provide Gas into, within and through the City, including without limitation, rights of way, transmission and distribution pipes, ruins, Gas compressors and meters. "Franchise" means the rights and obligations of the City and the Company set f%xth in this Franchise ordinance as the same may be amended from time to time and includes those rights and duties provided under the laws of Texas and of the United States. "Gas" means such gaseous fuels as natural, artificial, synthetic, liquefied natural, liquefied petroleum, manufactured, or any mixture thereof. "Public Easement" means casements permitted by the City for the use of Company. "Public Streets" includes, but is not limited to, streets, medians, boulevards, roads, lanes, alleys, viaducu, bridges and public rights of way that are deeded, dedicated or otherwise available for Company use within the City. "Railroad Commission" mews the Railroad commission of the State of Texas or other authority succeeding to the regulatory powers of the Railroad Commission. I "Residents" means all persons, businesses, industry, governmental agencies, and any other entity whatsoever, located, in whole or part, within the City that are or may be served by the Company hereunder. I "Revenue" means those amounts of money and other benefits which the Company receives from the, A. All Revenues received by Company from the sale of Gas, Including compressed Gas, within the city to all customers within the City. 0. All Revenues received by Company from the transportation of Gas through the pipeline system of / Company with the City to commercial Industrial customm within the City, and C. The value of Gas transputed by Company for Transport Customer through the pipeline system of Company within the City. 2. GRANT OF FRANCHISE: c rmoo+nsoarna i~rwr s S t a (A) Pursuant to the Consti,ution of the State of Texas, State Statutes and the City's home rule charter. the City hereby grants to the Company, for the period specified in and subje .t to the conditions, terms and provisions contained in this Franchise, a non-exclusive right to famish, transport, sell and distribute Gas to the City ane'is Residents. Subject to the conditions, terms and provisions contained in this Franchise, the City also hereby grants to the Company a non-exclusive right to acquire, construct, install, locate, maintain, operate and extend Facilities into, within and through the City and a non-exclusive right to make use of the public streets and Public Easements as may be necessary to carry out the terms of this Franchise. These rights shall extend to all areas of the City as it is constituted from time to time. (B) This Franchise does n4I grunt to the Company the right, privilege or authority to engage in any other business within the City other than the provision of Gas sales, transportation, distribution and the famishing of Gas to the City and its Residents. (C) The right to use and occupy the public streets and Public Easements as set forth herein is not an exclusive Franchise, and the City reserves the right to make or grant a similar use of public streets and Public Easements for the City and to any otter person, firm, or corporation. 3. TERM OF FRANCHISE: (A) Unless terminated earlier as provided herein, the term of this Franchise shall be for ten (10) years, beginning on the effective date of this Ordinance. 4. FRANCHISE FEE: (A) As further consideration for the grant of this Franchise, which provides for the use by the Company of public streets and easements, which are valuable public properties acquired and maintained by the City at great expense to its Residents, and in recognition that the grant to the Company of the use of those public sleets and Public Easements is a valuable right without which the Company would be required if permitted by the City to invest substantial time and capital in right-of-way costs and acquisitions, the Company shall pay to the City a Franchise fee in the amount three percent (3%) of the Revenue, accruing to the Company. This fee shall change to the fee assessed Lone Star Gas in its new franchise. The Company shall report to the City within sixty days of the execution of a subsequent Franchise of any change of Franchise in another municipality in the State of Texas. Should such Franchise or change in Franchise provide for services or consideration not provided hereunder, Company shall offer to provide such services andror consideration to the City and its Residents upon the same or similar terms, and provide the City is copy of such Franchise or change. (B) The value of Gas transported by Company rot Transport Customers shall be determined as set forth in this paragraph, In the absence of documentary v-idence to the contrary provided by Company to City, the value of Gas so transported shall be presumed to be equal to the total volume of Gas transported for such Transport Customer times the rates charged for Gas as indicated on Schedule N of Company's tariff, as such tariff rates may be amended from time to time by the Texas Railroad Commission, or its successor agency. If Company submits documents to the City to Indicate the actual value of Gas transported by Company, the Company may remove therefrom any information that would disclose either the idrntity of the customer or other information deemed confidential by Company, so long as such f' removal does not prevt the City from determining the monetary value of the, Gas transported. Company agrees to give the City, upon request, access to tlw confidential informatior to removed in order rot the City to verify the accuracy of the information provided to the City under the provisions of this paragraph. Failure or inability of Comport/ to collect the three percent (3%) Franchise fee from its Transport t rMGOr~RIDfdnt+ifM,lk 6 k t f i i Customers does not relieve it of its responsibility and obligation to remit payment in the amo tnt of three percent (3 of the value of such Gas to the City. S. PAYMENT SCHEDULE: (A) For the Franchise fee owed on Revenues accruing to the Company after the effective date of this Franchise from the sale and transportation of Gas, payment shall be made in quarterly installments not more Omit ten days following the close of the quarter for which payment is to be made. Initial and final payrrents shall be prorated for the portions of the months at the beginning and end of the term of this Franchise. All payments shall be made to the City and accompanied by supporting documentation satisfactory to the City. (B) In the event an error by the Company results in an overpayment of the Franchise fee to the City and said overpayment is in excess of $5,000,00, credit for the overpayment shall be spread over the same period the error was undiscovered. If the overpayment is $5,000.00 or less, credit shall be taken against the next payment. In the event an error by the Company results in an under payment of the Franchise fees to the City and said underpayment is in excess of s5ob.oo, Company shall repay the difference between the underpayment and the correct payment over the same period the error was undiscovered. If the underpayment is $5,000.00 or less, company shall repay the difference in the next payment. (C) No charges to the City by Company for any sales or transportation of gas or other services shell exceed the lowest charge for similar services provided by the Company to any other similarity situated customer or consumer of the Company. 6. STATEDIENTOFREVENUES: (A) Company shall rile annually with the City, no later than April 13, the Company's annual report to the Railroad Commission of Texas, or its successor, if such report specifically allocates Revenues arising , within City's corporate limits. Should the Railroad Commission or its successor fail to require this -rdormation, Company shall file annually with the City, no later than four (4) months after the end of the Company's fiscal year, an audited annual statement of Revenues attributable to the operations of the Company's Facilities within the City in conformance with the NARUC system of accounts by s certified public accountant. (B) Any transactions which have the effect of circumventing payment of required Franchise fees and'or evasion of payment of Franchise fees by non-collection or non-reporting of gross receipts, bartering, or any other means which evade the actual collection of Revenues or fees for buslness pursued by Company arc prohibited, (C) Company shall provide the City with access at reasonable times and for reasonable purposes, to examine, audit, review and/or obtain copies of the paper, books, accounts, documents, maps, plans and other records of Company pertaining to this Franchise ordinance. Company shall fully cooperate in making available its iecords and otherwise assisting In these ectivities, { (D) The City may, at any time, make inquiries pertaining to Company's operation of its Fo6ilities f 1,° c within the City. Company shall respond to such Inquires on a timely basis. 1, FRANCHISE FEE NOT IN LIEU OF OTHER FEB: C WMpOWI irAVhIn G~IIMMY` ~7 I I l (A) Payment of the fees and other consideration due hereunder by the Coml any is not accepted by the City in lieu of any occupation tax, license tax or similar tax on the privilege of doing business in the City or reimbursement of regulatory cost. Payment of the fees and other consideration due hereunder does not exempt the Company from payment of taxes that are uniform and generally applicable to other persons conducting business within the City, such as property, sales and use vices. (B) Payment of the fees and other considerahuns due hereunder shall not in any way limit or inhibit any of the privileges of the city wheincr under this Franchise ordinance or otherwise. 8. CONTRACT OBLIGATION: This Franchise constitutes a valid and binding contract between the Company and the City. In the event that the fees and other consideration specified in this Franchise is declared illegal, unconstitutional or void rot any reason by any court or other proper authority, the Company shall be contractually bound to pay the City, on the same schedule as provided herein for the fees and other consideration, an aggregate amount equal to the amount which would have been paid .a fees and other consideration. In the aliemative, the City shall have the right to Impose on the Company and the Company shall pay occupation and license fees and permit charges reasonably equivalent on an annual basis to the fees and other consideration payable hereunder. 9. DEPENDABLE GAS SUPPLY AT LOWEST REASONABLE COSTS: t (,1) The Company shall at all times take reasonat ie and necessary steps to assure a dependable supply of Gas to the City and its Residents a the lowest reasonable cost consistent with long term reliable supplies. Should Gas be made available to the Company from whatever source, including any agency or instrumentality of the State, at less total cost that the total cost which would be incurred by the Company tv supply suet Gas from its own supplies, the Company agrees to purchase such lower-cost Gas and to pass on to the Residents all savings resulting from the purchase. Should Gas be offered to the Company for a price less that being provided to the City and its Residents and Company not accept such offer, Company shall notify City of such offer and the reason(s) that such offer was not accepted. (8) If the supply of Gas to the City or its Residents should be interrupted, the Company shall immediately take all tiecessary and reasonable actions to restore such supply at the earliest possible time. (C) The Company shall provide lu the City a telephone number which is not available to the public whereby the City will be able to obtain status reports from the Company on a twenty-four hour basis concerning interruptions of the supply of Gas in sny portion of the City, (D) The :'nmpany shall install, repair, maintain and replace s Facilities in a good and workmanlike manner, The ' nmpany'a Facilities shall be of reasonable quality, redundancy and durability to provide f uninterrupted ai i efficient Gas service to the City and its Residents, 10. OBLIGATIONS REGARDING COMPANY FACILITIES: i (A) All work by the Company shall be done, I . In a good workmanlike mariner, 2. In a timely and expeditious manner, In a manner which minimizes inconvenience to the Residents, 4. In a cost-effective manner, and c rMVOrrfWt.fnOru-rrr. 8 r , I S. In accordance with all applicable codes, rules and regulations of the City and the Railroad Commission. (B) Company Facilities shall not interfere with power, telephone, cable or water Facilities, sanitary or storm sewer Facilities or other municipal or public use of public streets and Public Easements. Company Facilities shall be installed and maintained so as to minimize interference with other property, trees, improvements and natural features. (C) The Company shall promptly repair all damage caused by Company wivities or Facilities. If such damage poses threat to health, safety or welfare of the public or Residents, the City may cause repairs to be made it the Company's expense unless the Company makes such repairs promptly upon the City's request. (D) The installation, repair, maintenance, and replacement of any Facilities H public streets and public easements by the Company shall be subject to inspection and approval .ny the City. Such inspection and approval may include, but not be limited to the following matters: location of facilities in public streets and Public Easements; cutting and trimming of trees and shrubs; and disturbances of pavements, sidewalks and surfaces of public streets and Public Easements. The Company agrees to cooperate fully with the City in crnducting the inspection. The Company shall promptly perform reasonable remedial action required by the City pursuant to such an inspection. (E) The Company shall require its contractors working in public streets and Public Easements to hold all necessary contracting licenses and permits required by the City. (F) The Company shall reimburse the City for the costs of upgrading the Gas distribution system or facility of any City building or facility that uses Gas where such upgrading Is caused or occasioned by the Company's decision to increase the deliverabiI4 amVur pressure of delivered Gm. 11, LONG RANGE PLANNING FOR CAPITAL IMPROVEMENT PROJECTS: (A) 1?te Company shall keep -he City informed as to existing and planned system capacity, construction, maintenance and other ctivifies of the Company within the City. Regular planning and coordination meetings will be held. Representatives of the Company and the City shall meet at least ' annually to discuss long term planning for capital improvement projects contemplated by each. The Company shall include within its capital improvement projects the plans of the City relating to same, The Company shall submit reports of long-term planning for capital improvement projects. Descriptions of required street cuts, excava,;on, digging and related construction a6vities, Including without limitation, copies of work plans and drawings should be submitted to the City within thirty days after issuance of the report. Except for emergencies, the Company ,hall coordinate all installations with the City's capital improvement programs. Company shall not proceed with constm chon until the plans and drawings have been approved by the City. Within 60 days after the City C until adopts the City budget for the following year, the City shall forward, in wrifing, a list of the ttnprovement projects (including street widening projects, street overlay prniects, bridge Improe.tment projects, new street construction projects, r ' k drainage improvement projects, and park improvement projects) which are Included in the adopted f , budget. Within 60 days of receipt of L'te City's list of Improvement projects the Company shall make available Infomation regarding each City project within the public stmts and Public Easements that identifies and g-mera!ly describes the existing and anticipated Company Facilities that are or may be within or cross through the project boundaries. Said information shall: (1) identify the size, type and general location of any existing Company facility: (2) address the current condition of any existing Company facility (eg.: c.tpscity, integrity, expected service life, etc.); (3) !dentify any scheduled or c .~.carrn~nnrw a i rwn o, 9 ' J • C i anticipated upgrades, repairs or replacements of any existing Company facility; (4) identify generally what activities will be required to be performed by the Company in order it, accommodate the City project and the necessary time frame for completion of such activities: and (S) provide any other reasonable information that may be pertinent. (B) The City and the Company shall designate to each other their respecfive officials to serve as ,heir representative for coordination of this exchange of information and planning on any such project. Construction, installation, maintenance, alteration or replacement of the Company's Facilities resulting from the City's improvement projects shall be performed at the Company's expense. 12. CITY REVIEW OF CONSTRUCTION AND DESIGN: (A) Except for emergencies, the Company shall advise the City at least thirty (30) days prior to any major construction. The Company shall provide the initial work plans and drawings for the proposed construction. In addition, the Company shall assess and report on the Impact of its proposed..mstrutdon on the City environment. Such plans and reports may be reviewed by the City to :insure that, among other items, (1) aesthetic and good planning principles have been given due consideration, (2) adverse impact on the environment has been minimized, and (3) that all applicable laws including building and zoring codes and air and water pollution regulations are complied with. Changes requested by the City shall be incorporated into the Company's construction. (B) Upon request of the City. Company shall remove and abate any portion of the Facilifies that is fi dangerous to life or property, and In case Company, after notice, fails or refuses to act, the City may remove or abate the same, at the sole cost and expense of Company, all without compensation or liability for damages to the Company. (C) Company shall promptly restore the public streets, Public Easements and private property to their condition I rior to Company's construction, maintenance or excavation, to the satisfaction of the City consistent with their existing City codes and specifications. (D) Company shall excavate only for the construction, installation, expansion, repair, removal, and maintenance of all or & portion of the Facilities. (E) Except in an emergency, Company shall not excavate in any public street or Public Easement without first securing permission of the City and all applicable permits at least 24 hours prior to initiation of excavation. Such work shall be performed to minimize interference with the u•a of Public Easements and public streets. The City shall be notified as soon as practicable regarding work performed under emergency conditions, (F) Within thirty (30) days of compleron of the Company's constmcfion of Facilities. Company shall supply the City with it complete set of "as built" drawings for that segment. Further, after each replacement, relocation, reconstruction, or removal Company shall promptly notify the City of the exact changes made and shall provide a new set of "as built" drawings for each modification to the Facilities. r` Company shalt provide annual) a complete set of as-built drawings inc A Y txponting these rhanga' (0) Company shall be capable of providing senices to the City no later thsn nine (9) months after the passage of this Franchise ordinance, Company shall promptly pro ride the City with evidence satisfactory to the City, Including without limitation "as-built" drawings, establishing that these requirements have been met. c MMOCwfRld4ln ar II MM r 10 • / II I C I A 13. REQUESTS BY CITY FOR RELOCATION OF COMPANY FACILITIES: (A) If at any time the City requests the Company to relocate any facility Installed or maintained in public streets or Public Easements, pursuant to this Franchise or previous franchises, in order to permit the City: 1, to make any public use of public streets or Public Easements, 2. to construct any public improvement, 3. to build any public project, or 4. to pursue any municipal purpose in which the City has a financial or ownership interest; Such relocation shall be made by the Company at is expense within a Nasonable period of time not to exceed forty-five (45) days after notice of request from City unless otherwise specifically agreed to by the City. (B) As and when requested by the City, representatives of the City and the Company shall meet to share information regarding anticipated City projects which will require relocation of Company Facilities. Such meetings shall be for the purpose of providing the City with the estimated time table within which the involved Company Facilities shall be relocated, including an anticipated start date (within a thirty day window), so as to facilitate coordination with the time table to be established by the City for completion of the City project. (C) Whenever by reason of the changes in the grade of any stmt or in the location or the manner of constructing any water pipes, sewers, electric lines, or i:ry other underground or overhead structure for any purpose whatever, it shall be deemed necessary b;- the City to alter, change, adapt or conform the Facilities thereto, such alterations or changes shall be promptly made by the Company when requested by the City, without claim for reimbursement or damages against the City. (D) In the event that Comptny has not relocated those of its affected Facilities which are located in I public street or Public Easemert within a reasonable length of time sa determined by the City prior to the City's commencement date for public street or Public Easement construction, the City shall have the right to re!ocate or cause to be relocated the affected portion of Company's Facilities and the Company sball reimburse the City for all costs of relocation within ten (10) days of the City's billing to the Company. (E) Following relocation, all prop" shall be restored to substantially its former condition by the Company at its expense in necor&nce with then existing City codes and specifications. (F) Nothing herein contained shall be construed to Impose any obligation upon the City to make any payment for any relocation of the Company's Facilities. (0) Relocated underground Facilities shall be under ground, Relocated aboveground Facilities shall be above ground unless specified otherwise by the City. 14. WORK BY OTHERS, CONSTRUCTION BY ABUTTINO OWNERS, ALTERAi10N TO At CC,NFORM WITH PUBLIC IMPROVEMENT: the City reserves the right to lay and permit to be laid, electric power, sewer, Gas, water, and other pipe lines or cables and conduits, and to do and permit to be done, any underground and overhead work that may be deemed necessary or proper by the City lit, across, along, over and under any public street or Public Easement occupied by Company, and to change any curb or sidewalk or the grade of any street. In c.doomnMra Wu...r I) may... i i permitting such work to be done, the City, its officers or employees, shall not be liable to Company for any damages caused by the negligence of the City, its officers or employees; providing, however, nothing herein shall relieve any other person or entity from hauuluty for :iunage to Company's Facilities, Any work done by any person or entity other than City, its officers or employees, shall be preformed in a safe and workmanlike manner so as to minimize the risk of damage to Company's Facilities. I 15. CFIANGINn BOUNDARIES OF CITY AND ABANDONMENT: (A) If, during the term of this Franchise, the boundaries of the City are expanded from time to time, the Company shall extend its existing main lines, if any, in the area of expansion l00 feet at Company's expense if residents of the newly incorporated areas will use gas appliances. Company may require E contributions in aid of construction for other extensions. Service to newly expanded areas in accordance with the terms of this Franchise, including without limitation, paymed of Franchise fees and other fees and payments provided herein. i (B) In the event that the City shall close or abandon any public street or Pbblic Easement which contains any portion of Company's Facilities, any conveyance of land contah„d in such closed or abandoned public streets of Public Easement shall be subject to the rights herein granted. 16. CITY NOT REQUIRED TO ADVANCE FUNDS: I Upon receipt of the City's authorization for billing and construction, the Company shall extend its Facilities to provide Gas for municipal uses within the City or for any major municipal facility outside the City limits without requiring the City to advance funds prior to construction. 17. TECHNOLOGICAL IMPROVEMENTS: 1 (A) The Company shall generally introduce and install, as soon as practicable, technological advances in its equipment and service within the City when such advances are technically and economically fea 6le and are safe and beneficial to the City and its Residents. Upon request, the Company shall review anri promptly report advances which huvc occurred in the Gas utility industry that have been incorporated into the Company's operations in the City in the previous year or will be so Incorporated in the six months following the City's request. l (B) The Company shall report in advance to the City any plans to include technological advances which may utilize Gas Facilities already in plait, which may be installed by the Company for its use, the use of the City, or for use of other as the City may license, The City may use said Facilities for its own use without cost, except such additional expense which may be inenrred by the Company u a result of the City's use. In no event shall the City's use materially imp2it the Company's ability to use its own Facilities for t1•e purposes speciEed herein. Upon request of the City, the Company will provide a detailed report for the use of such technological advances. Nothing contained herein shall be construed to authorize the Company to engage in activities other than Gas sales and transportation for service to the City and its Residents. t~ c 18. CITY RULES AND REGULATIONS: (A) The City expressly reserves, and the Company expressly recognizes, the City$ right and duty to adopt, from time to time, in addition to the provisions herein contained, rah cost of service, cost 0(029, Y2 II` c charter provisions, ordinances, rules and regulations as the City deems necessary. (B) The construction, expansion, reconstruction, excavation, use, mxinteromce, repair and operation of the Facilities shall be subject to all laws, rules and regulations of the City, including without limitation police, building code, and safety code regulations as they may be amended from time to time. The Company shall comply with the same. (C) At a reasonable time and fora reasonable purpose, the City may: 1, inspect, or cause to be inspected, the books and records of Company, 2. inventory and appraise or cause to be inventorie or appraised the Facilities of Company within the City, 3. compel the attendance of witnesses and the production of books and records. 19. COMPLIANCE WITH CITY AND RAILROAD COMMISSION QUALITY SPECIFICATIONS AND REGULATIONS: (A) The Oas which the Company sells and transports shall conform with file specifications; promulgated by the City, as the same may be amended from time to time. The City shall have access to all records and Facilities of the Company to monitor compliance with such specifications. (B) Prior to final adoption by the City of this Franchise ordinance, the Company shall file with the City onA Railroad Commission such amendments to its tariffs u may be necessary to make its tariff provisions compatible with the provisions of the ordinance, and shall report to the City any changes that have been made for this purpose. (C) The Company shell file with the City all tariffs, rules, regulations and policies under consideration in addition to those approved by the City Council, by the Railroad Commission relating to the Facilities and operations in the City, any matters affecting the use of public streets and Public Easements, or this Franchise, The Company shall prov+de the City with a copy of filings it makes with the Railroad Commission affecting the same. In addition, the Company will provide the City copies o'ti- Company's most recent annual report, and all petitions, non-privileged communication reports, wm- privileged advice letters, audits, complai.ts and applications together with supporting prat-filed testimony and OANbits filed by the Company of third parties with the Railroad Commission that relate to the City or this franchise. 20. COMPLIANCE W1111 ENVIRONMENTAL LAWS: Company shall take such measures which will result in its Facilities meeting the standards required by At' r applicable federal, state and environmental laws. The Company will provide the City with status reports ` (j r \ of such measures. 21. OFFICE LOCATION: Company shall maintain an office and provide local And toll free telephone number, which shall provide t wfr4o~fn~et'dno. Uf/rr, l3 If r I I f prompt, reasonable responses to Residents' service requests. Company shall provide a 24-hour toll free telephone number for emergency use, Company shall always keep and maintain its books, records, Contracts, accounts, documents and papers and shall make them available for Inspection by City officials and employees upon request, 22, REPORTS ON COMPANY OPERATIONS AND ACTIVITIES: (A) The Company shall submit reports and information to the City in the manner and form prescribed by the Railroad Commission, or its successor, except as otherwise provided herein. I. Upon the City's request, the Company and the City shall meet to share inforztation regarding excavations in public streets, Public Easements, and other public properties made by the Company within the City. Information shared shall include: a. Exact locations of excavations b. Date(s) excavating made C. City permit number d. Contractor e. Purpose f. Cost 2. Should Company transport pas within the City on behalf of third parties Including affiliates. Company shall notify the City of the shipWs name, address, telephone number, voltnne transported, duration of transport arrangement, transport fee and such other Information requested by City from time to time, but in no event later than 72 hours prior to initial deliveries, 23, DETAILED HILLS: All bills sent to the City by the Company shall Include all information requested by the City including without limitation account numbers, &&'':ess and items metered and they shall specify the type of account for which charges are made for Oat service, The Company shall provide the City annually with a N complete listing of ail the City's accounts, 24. CITY HELD HARMLESS AND INDEMNIFIED: (A) The Company shall construct, maintain and operate its Facilities in it manner which provides, reasonable protection against Injury or damage to persona or property, (9) Notwithstanding any other provision of this Franchise, Company (the "Indemnitor") r acknowledaes its primary re,mponsibility for the day-to-day operation of its Facilitea In full accordance with the terms of the Franchise. The Indem,l:tor covenants, warrants and represents that Company will conCuct, operate and manage its business and affain in compliance with all federal and state laws and ail rules and regulations, in addition to all of the terms, w4uirements and provision, of this Franchise, THE j INDEMNITOR AGREES TO DEFEND, INDEMNIFY AND HOLD CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FULLY HARMLESS AOAINST ANY AND ALL CLAIMS r wrooow, tewrrd.. o. a »h r 14 i III . 9 INCLUDING ENVIPONbIENTAL CLAIMS, THAT MAY ARISE FROM OR BE OCCASIONED BY ANY INTENTIONAL, % ILLVUL, NEGLIGENT OR STRICTLY LIABLE VIOLATION (CIVIL OR CRIMINAL) OF A FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION BY THE INDEMNITOR, 0'4 BY ANY PERSON OR FIRM HIRED BY OR CONTRACTING WITH THE INDEMNITOR, OR IN THE OPERATION OR MAINTENANCE OF 1NDEM,'YITORS FACILITIES, THE INDEMNITOR SHALL FULLY REIMBURSE CITY FOR ALL PENALTIES, FINES, FEES, COSTS, EXPENSES, DAMAGE SETTLEMENTS OR JUDGEMENTS INCURRED OR PAID BY CITY AS A RESULT OF ANY OF THE INDEMNITOR'S VIOLATIONS DESCRIBED ABOVE. (C) Nothing herein contained shall be construed as an acknowledgment by the parties that the Company, in exercising its rights and obligations under this Franchise, Is an entity controlled by, subject to the control of or acting on behalf of the City. (D) In the event the City institutes litigation against the Company for a breach of this Franchise or for an interpretation of the franchise, and the City is the prevailing party, the Company shall reimburse the City for all costa related thereto, including without limitation court costa and reasonable attorney's fees. None of the Citys costs reimbursed by the Company under this Section shall be surcharged by the Company. 25. NOTICE TO COMPANY: (A) Promptly after receipt by an Indemnitee of any claim or notice of the commencement of any action, administrative or legal proceeding, or investigation as to which the Indemnity provided for in the above Section hereof may apply, the Indemnitee shall notify the company in writing of such fact. Company shall assume the defense thereof with counsel designated by Company and satisfactory to the Indemnitee. (B) Should an IndemnitLt a entitled to Indemnification under the above Section is a result of a claim by a thud party, and Company fails to assume the defense of such claim, the Indemnitee will, at the ` expense of Company, contest (or, with the prior wntten consent of Company, settle) such thud party claim. 26 INSURANCE: (A) Company shall obtain and maintain in full force and effect throughout the term of this franchise ordinance, and any extension or renewal thereof, insurance with an Insurance company approved to do business in the State of Tetras and acceptable to the City's Risk Manager which conforms to the requirements jet forth herein below. The Insurance shall be insured In the standard form approved by the Texas Department of Insurance and shall meet the requirements set 'nrth herein below. Company shall provide the City's Risk Manager with proof of such Insurance so required at the time of filing the acceptance of franchise. The City reserves the right to review these insuram requirements during the effective period of the franchise ordinance, and any extension or renewal thereof, and to adjust Insuranec coverage ar.•d their limits when deemed necessary and prudent by the City's Risk Manager based upon changes in statutory law, court decisions or the claims history of the industry, as well as Company. c 'YMOOWi}IMK'Aw W Il%K4 4D n 1 (8) Subject to Company's right to maintain deductibles in such amounts as are approved by the City's Risk Manager, Company shall obtain and maintain in full force and effect for the duration of this rranchise ordinance, and any extemion or renewal thereof, at Company s sole expmm, insurance policy coverage in the following type(s) and minimum amounts: FACtUTIFS OPERATION TXAg Ai~91ut 1. Workers' Compensation and Statutory Employers Liability S 100,0001500,000/100,000 2. Commercial General (public) Combined single limit for Liability Insurance including: bodily injury and property damage of $ 10,000,000 per (i', All premisesloperstions occumnce or Its equivalent (ii) Independent eontroors (iii) Products/completed operations (iv) Personal tk advertising injury (v) Contractual liabil;ty (no limitations) (vi) Explosion, collapse and underground hazards 3, Compreberuive Automobile Combined single limit for Liability insurance, including bodily Injury and property coverage for loading and unloading damage of $1,000,000 pet r hazards, for: occurrence or its equivalent (i) Owned/leased automobiles (ii) Non-owned automobiles (iii) Hired automobiles w° 0 C J C 0 IWN Of OtAOtlr,l.l of a 16 r f 4 FACILITIES :MAINTENANCE REPAIR ANDIOR CONSTRUCTION LZ Amount 1. H'ork:rs' Compensation and Statutory Employers Liability SSOO1OOWSOO,000/500,000 2. Commercial Oeneral (public) Combined single limit for Liability insurance including: bodily Injury and property damage of $10,000,000 per (i) All premims/operations occurrence or its equivalent (ii) Independent contractors (iii) Products/completed operations (iv) Personal & advertising injury (v) Contractual liability (no limitations) (vi) Explosion, collapse and underground hazards 3. Comprehensive Automobile Combined single limit for Liability insurance. including bodily Injury and property coverage for loading and unloading damage of $ 1,000,000 per hazards, foe: occurrence or its equivalent (i) Owned/leased automobiles (ii) Non-owned automobiles (iii) Hired automobiles (c) The City shall be entitled, upon request and without expense, to receive copies of the poiicwl and all endorsements hereto. The City may make any reasonable requests for deletion, revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by low or regulation binding upon either City or Company or upon the underwriter for any of such policies. Upon request for deletion, revision or modification by the City, Company shall exercise reasonable efforts to accomplish the changes in policy coverages, and shall pay the cost thereof, (d) Company agrees that with respect to the above required Insurance, all Insurance contracts will contain the following required provisions: I. Name the City and its officer a, employees, board members and elected representatives as additional Insureds (as the Interests of each Insured may appear) as to alt applicable coverage; 2. Provide for thirty (30) days notice to the City for cancellation, non-renewal, or material change at the address shown below by registered or certified mail; 3. Company agrees to waive subrogation og;inst the City, its officers and employees, for personal injuries (including death), property damage or any other loss; 4. Provide that all provisions of the franchise ordinance, w amended, concerning liability, r .nwa~rawrcn..a.i,.>„r 17 i t I duty, and standard of care, including Indemnity, contractual liability coverage sufficient to include such obligations within applicable policies; and S. Provide that the "other insurance" clause shall not apply to the City where City is an additional insured shown on the policy. (e) Company shall notify City in the event of any changes in coverage and shall give such notices not less than thirty (30) days prior to the change, which notice must be accompanied by a replacement Certificate of Insurance. All notices shall be given to City at the folic.,ing addresser. 1 City Manager City of Denton 213 E. McKinney Denton, Texas 76201 (t) Company shall immediately advise the City Risk Manager of any actual or potential litigation that may develop that would affect this insurance, (g) Insurers shall have to right of recovery against the City. It king the intention that the insurance policies shall protect Coma. y and the City and shall be primary coverage for all losses covered by the policies. (h) Companies issuing the insurance policies shill have no recourse against the City for payment of any premiums or assessments which are the sole responsibility of Company. (1) 1. Without limiting any of the other obligations or liabilities of Company, Company shall requite each subcontractor perfxming work under the franchise ordinance to maintain, at the subcontractor's own expense, duffing the term of the franchise ordinance, the same stipulated mini,-:,,'n insurance, Including the required provisions and additional policy cond'tions as shown in (b) above. As an alternative, Company may Include its subcontractors as additional insureds on its own coverage as prescribed tinder these requirements (except for workers compensation insurance, which the subcontractors must separately obtain). Company's certificate of insurance shall note in the event that the subcontractors are included as addition insureds. 2. Company shall obtain and monitor the certificates of insurance from each subcontractor in order to assure compliance with the insurance requirements. Company must retain the certificates of Insurance for the duration of this Franchise, and shall have the responsibility of enforcing these insurance requirements among Itr subcontractors. The City shall be entitled, upon request and without expense, to receive copies of that a rtificates. (j) Approval, disapproval or failure to act by the City regarding any insurance supplied by Company Of Vie,, c its subcontractors shall not relieve Corti uny of lull responsibility or liability for damages and accident as set forth in this Franchise. Neither &Wl lunl ruptcy, insolvency or denial of liability by the insurance company exonerate Company from liability. [ ■MMYr11Y/GL.h i/bMY 10 r (k) Company may self-insure to the extent permitted by applicable law under any plan of self- insurance, maintained in accordance with sound accounting practices, against risks described in this section and shall not be required to maintain insurance; provided that Company fwmishes the City satisfactory evidence of the existence of an insurance reserve adequate for the risks covered by such plan of self-insurance. (1) Company shall provide the City w;.h evidence of the form and basis for insurance coverages or self insurance prior to the effective date of this franchise ordinance. Should Company elect to change the form or basis of insurance during the term of this Franchise, Company shall notify the City. Company shall provide all documentation necessary for review by the City of the changed circumstances of j Company. Company shall not und:ttake any Activity requirirg Insurance pursuant to this franchlr: ordinance, until receiving written confirmation front the City that the requirements contained in this section have been met. Failure to comply with this provision may result in the immediate termination of this franchise ordinance. 27. BONDS, i I (A) Company shall obtain and maintain, at its sole cost and expense, and file with the City Secretary prior to the commencement of any construction authorized by this franchise, a corporate surety bond with a surety Company authorized to do business In the State of Texas and in accordance with Section 2253.021 of the Texas Oovemment Code in the amount of One Hundred Thousand Dollars (5100,000,00) to guarantee Company's performance tx the construction of Company's lac-'litits. The bond may be adjusted In subsequent years in accordance with Construction Projections In the Exhibit attached to M of the projected construction costs, but In no event less than $25,000. (B) The rights reserved to the City with respect to the bond are in addition to all other rights of the City, whether reserved by this F-mchise ordinance ee authorized by law; and no aot'on, proceeding, or exercise of a right with respect to such bond shalt affect any other rights the City may have. 28. PAYMENT OF EXPENSES INCURRED BY CITY IN RELATION TO ORDINANCE: (A) At the City's option, the Company shall pay In advmoe or reimburse the City for expenses incurred in any proposed transfer of the Franchise including, without limitation attorney's fees, consultants' fete, publication of notices and ordinances and for photocopying of documents arising furor the negotiation of this Franchise. (B) All City expenses re+.nbursed by the Company under this section shall not be surcharged by the Company. 29. RIGHT OF FIRST PURCHASE: (A) In the event the Company at any time during the torn of the Franchise proposes to sell or dispose F' of any of its Facilities located within the City, it shall grant to the City the right of first purchase of same. The Company shall obtain a qualified appraisal on any such Facilities and the City shall have sixty days from the time such appraisal Is provided to the City in which to exercise the right of flat purchase by r wMOarenMrnr.. o. u.r~r l9 i c I giving written notice to the Company. Should the City not provide the required written notice, the Company may procsed to negotiate with others for the sale of such Facilities provided that the Company may not sell such Facilities for an amount less than 43 percent of the appraised value without first providing the City an opportunity to purchase such property at such lesser price, in which event the City j must notify the Company in writing within 30 days if wishes to purchase such Facilities, (B) Upon the exercise of the City's option to purchase, other than under subsection (A) above, the parties shall negotiate in good faith to determine a mutually acceptable purchase price. No value shall be given to the Franchise or to public right-ofway. (C) Notwithstanding anything herein to the contrary, if the City and the Company cannot reach agreement as to the purchase price or acceptable payment terms within ninety (90) days after commencement of negotiations, the City may commence condemnation proceedings, and each party shall have rights provided by law relating to condemnation: provided, however, no a,vard stall be made for the value of the Franchise or public right-of•way. 30. CITY'S RIGHT TO PLR:CHASE OR CONDEMN; Company agrees, acknowledges, and affirms City's right to constmct, purchase or condemn any public utility works, Facilities or rights-ofways of the Company is hereby expressly reserved. (A) In the event the City exercises its option to purchase or condemn, the Company igrees that it, at the City's request, will continue to provide the services it provides under this Ordit, ;ce until further notified otherwise by the City. (B) The Company shall cooperate with the City by making available the existing pertinent Company records to enable the Ci~ky to evaluate the feasibility of acquisition by the City of Company Facilities. (C) The Company shall take no action which could inhibit the City's ability to effectively or efficiently use the acquired Facilities. (D) At the City's request, the Company shall supply Gas for use by the City in the City-owned Facilities according to Company's latest approved tariff. 31. LIMITATIONS OF COMPANY REMOVAL OF FACILITIES: (A) In the event this Franchise in not renewed at the expiration of its term, is forfeited, or the Company teiminates any service provided herein for any reason whatsoever, and the City has not purchased or condemned the Facilities and has rot provided fo, alternative Gas aer%*e, the Company shall not remove the Facilities pending resolution of the dispos'tion of the Facilities, The Company furthef agrees it will not withhold any temporary services necessary to protect the pt-blic and shall be entiud only to monetary compensation in no greater amount tl~rn to which it would have been entitled were such services provided during the term of this Franchise, Only upon receipt of written notice from the City stating that the City has adequate alternative Oss sources and delivery systems to provide for the Residents of the City shall the Company be entitled to remove any or all of the Facilities in use under the r *%'DOWrnwed.,ara4"r Z0 i G I i 1 I I al terms of this Franchise, I (B) Upon request from the City and within a reasonable time, t x Company, 0 its expense, shall remove from the public streets easements and other public propert es the above ground distribution Facilities belonging to the Company which are tot otherwise purchased by the City at the termination of the Franchise. All propert+ affected by such removal shall be restored by the Company to substantially its former condition after said removal, 32. TRANSPORTATION AND PROCUREMENT OF OAS BY CITY: The City expressly reserves the right to procure, transport and resell Gas. If requested by the City the Company shall transport Gas purchased by the City through its Facilities for use by the City in its Facilities and/or its Residents pursuant to separate transportation contracts with the City and in accordance with Grantee's tariffs. 33. CURTAILMENT: The Company shall not curtail Gas deliveries except In compliance with the Company's curtailment plan approved by the Railroad Commission. 34. PE14ALIIES: For the -0olation of any of the following provisions of this Franchise, penalties shall be paid by Company within ten days of assessment by City Resolution in addition to any other rights or remedies the City may have at law of in equity: (A) For failure to complete construction in accordance with agreed plans, unless the City , specifically approves the delay, Company shall pay Two Hundred Dollars ($200.00) Per day for tech day, or part thereof, that the failure continues. (B) For failure to provide data, documents, reports, information or to cooperate with City during an audit, Company shall pay Two Hundred Dollars (5200.00) per day for each day the violation occurs or j continues. (C) For failure to comply with any financial obligation required herein, Company shell pay to City Two Hundred Dollars ($200.00) per day for each day, or part thereof, that such noncompliance continues. (D) For failure of Company to comply with operational of maintenance standards, Company shall / pay to City Two Hundred Dollars ($200.00) per day for each day, or part thereof, that such r noncompliance continues, (E) For failure to provide in a continuing martnef the services specified herein, Company shall pay Two Hundred Doliafs (5200,00) per day the each day, or part thereof, that each noncompliance eontinves, (F) City will not adopt resolution prior to consideration at a public hearing presided over by City's e .nmo., airs r anti 19064 21 t goveming body, setting forth alleged failures complained of and allowance of company to respond to alleged fail Tres. Comp-any to receive thirty (30) asys written notice of failures complained of and thirty (30) days wr,iten notice of the public hearing date and time to consider adoption of resolution. (G) Should the nc v Lono Star Gas Franchise result in an increase in the franchise fee to 4%, then per Section 4(A) this franchise increases as well and the daily civil penalty in subsection (A) through (E) shall be reduced to $100. If Lone Star's franchise fee does not increase but its penalty is reduced below $200, then this penalty provision will be adjusted accordingly, 35. FORECLOSURE, Immediately upon Company receiving notice or knowledge of sttempt to foreclose, foreclosure proceedings or other judicial action pertaining to all or a substantial part of the Facilities, or upon the termination of any lease covering all or a substantial part of the Facilities, the Company shall notify the City of such fact, ana such rurtification shall be treated as a notification that a change in ownership of the Company has taken place, and the provisions of this Franchise goveming the consent of the City to such change in owne-saip of the Company shall apply. 36. FORFEITURE AND TERMINATION: (A) In addition to all other rights and powers retained by the City under this Franchise or otherwise, the City reserves the right to forfeit and terminate the Franchise and all rgl is and privileges of the Company hereunder in the event of a breach of its terms and conditions. A breach by Company shall Include, but shall not be limited to, the following: 1, Repeated violation of any provision of the Franchise or any rule, order, regulation or determination of the City made pursuant to the Franchist after receipt of written notice from City; 2. Attempt to dispose of any of the Facilities or property of its Facilities or real property to prevent the City from purchasing It, u provided for herein; 1 3. Attempt to evade any provision of the Franchise or to practice any fraud or deceit upon the City or its Residents; 4. Failure to begin or complete (jai facility construction and/or extension as agreed to with tits City; S. F.epea'ed fyil'ue to pr3vide the services act forth in the Franchise; 6. Repented failure to restore service after 48 consecutive P.,m of interrupted service, 1 site, t when approval of suet, interruption is obtained fror, he City or "force majure" exists; of 7. Material misrepresentation of fact In the application fora neg,vatlon ofthe Franchise. r~ 8. Conviction of any director, officer, employee, or agent of the Company of the offense of bribery or tiaud connected with or resulting from the awarding of this Franchise to the Company. (e) The foregoing shall not conatituie a breach if the violation occurs without fault of the Company or occurs as a result of circumstances beyond its control which could not have been avoided as a r,.Iult of e WNMWTMWCOnan*14r 22 i t I II 4 I the u:rrcise of reasonable care, company shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors or officers, i (C) The City Council retains the right to terminate this Franchise ordinance, Company's use of the public streets or Public Easements is inconsistent with the public use or whenever the Company's use has become a nuisance. (D) The City may make a written demand that the Company comply with rry such provision, rule, order, or determination under or pursuant to this Franchise. If the violation by the Company continues for a period of thirty (30) days folWring such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the City may take under consideration, at a public hearing presided over by the City's goveming body, the issue of termination of the Franchise. The City shall cause to be served upon Company, at least thirty (30) days prior to the date of such a hearini„ a written notice of intent to request such termination and the time and place of the hearing. Public notice shall be given of the hearing ant' the issue which the City is to consider. i I (E) The City shall hear and consider the issue and shall hear any person interested therein, City Council thcreafler shall determine whether or not any violation b- the Company has occurred, (F) If the City shall determine that the violation by the Company was the fault of Company and within its control and could not have been avoided with exercise of reasonable care, the City may declare the Franchise of the Company forfeited and terminated, or the Council may grant to Company a peri6 for compliance. 37, OMER LEGAL REMEDIEMGHT OF APPEAL: (A) Neither the City not the Company by accepting this Ordinance waives its right seek all appropriate legal and equitable remedies as allowed by law upon violation of the terms of this )rdinance by the other party, including seeking injunctive relief in a court of competent Jurisdiction. Such right to seek injunctive relief ;a expressly reserved and all terns and provisions hereof shall be enforceable through injunctive relief. (13) Nothing haein shall be deemed to constitute a waiver, release, or relinquishment of the City's or the Grantee's right to contest or appeal any action or decision of the other party made contrary to am federal, state or local law, rule cr regulation. 38. NO WAIVER: r i 1 Neither the City nor the Company shall be axcused from complying with any of the terms and conditions of this Franchise by any failure of the other, or any of its officers, employers, or agents, upon any onu or more occasions to insist upon or seek compliance with any such terms and conditions. V~ 39. SUCCESSORS AND ASSIGNS: e w nma.rtrwrn~w a n rr~ Z3 i I t t, u The rights, privileges, and obligations granted and contained in this Franchise shall inure to the benefit of and be binding upon the Company, its successors and assigns. 40. REPRESENTATIVES AND NOTICES: (A) Upon request by the City, the Company shall provide annually to the City a current chain of command chart shoving all managers and supervisors, along with their names, titles, addresses, telephone numbers, up to the Chief Executive Officer of the Company, who have responsibility for providing services within the City. (B) All notices, including communications and statements which at required or permitted under the terns of this Agreement, shall be in writing, and evidenced by receipt. Service of a notice may be accomplished by personal service, registered or certified trail (postage prepaid) or reputable overnight courier service. Notices shall be sent to the Parties at the following addresses: L Citl; City Manager City of Denton 215 E. McKinney Denton, Texas 76201 2. Company: Director of Regulatory Affair ' CoServ Gas 1501 FM 2(81 Corinth, Texas 76's9S From time to time City and Company each may designate a new address for itself for purpose of notice hereunder by written notice to the other duly given as provided herein. 41, SEVERAHILDTY: Should any one or more provisions of this Franchise be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective: provide, however, the parties shall forwith enter into good faith negotiations and proceed with due diligence to draft it term that will achieve the original intent of the parties hereunder, 1 fAr,` r; 42, ENTIRE. AGREEMENT: This Franchise constitutes the entire agreement of the parties. There have been no represenhtions made e Md'IOy!lMKdF a+l l M A Y 24 t, other than those contained in this Franchise. 43. COMPANY APPROVAL: The Company shall file with City Mvnager written approval of this Franchise and of all of its terms m d provisions at least ten days prior to the City Council meeting at which the ordinance granting the Franchise is to be approved. 44. ANNEXAT.ON TO THE CITY: When any property owned by the Company becomes eligible for voluntary annexation to the City and is not simultaneously eligible for voluntary annexation to another municipal corporation, the Company shall petition to annex the same upon request made by the City, provided t%al no condition of such annexation shall impair the Company's ownership or then existing use or its proper"-. Except as herein provided, the Company agrees to meet all terms and conditions imposed upon the annexation by the City that are no more stringent than those imposed generally upon property owner- seeking annexation of their iand to the City. The Company shall be exempted from it public donation of land, money or water rights arising from such mandatory annexation under this section to the extent that land being annexed is committed, dedicated and being utilized by Facilities directly involved in transporting or distributing Gas under this ordinance, and provided further this, said exemption from public donation shall not extend to any unimproved land or land not so committed, dedicated and currently used. 45. THIRD PARTIES: Nothing contained in this Franchise shall be construed to provide rights to third parties. 46. COMPLIANCE WITH CITY CHARTER: Company recognizes, accepts and agrees that the terms, conditions and provisions of this Franchise are Wnbjecl to the applicable provisions of the City Charmer. Any request oy Company for a modification to this Franchise shall be subject to a review by the City Attorney for compliance with the applicable provisions of the City Charter. 47, APPLICATION OF TERMS IN COMPETING FRANCHISES The terms of this Franchise which are not contained in the franchise of any entity obtaining or renewing a franchise for gas within City from and after January I, 1999 shall be unenforceable, To the extent term, more favorable to the franchisee are contained in another franchise for gas obtained or renewed by the City from and after January 1, 1999, such terms shall be applicable to Company as if contained herein and shall control over the terms contained l r herein 48. EFFECTIVE DATE: This Franchise ordinance shall take effect immediately from and after its passage and accept-. cc in c •OTOWf RNfMwO-R.f-~I 25 cI t, j • accordance with the provisions of the Charter of the City and it is accordingly so ordained. PASSED AND APPROVED this the day of 19_. MAYOR Council Member Council Member Council Member Council Member Council Member Council Member ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 1 i 4 l i C M?L01r1.t4l0iw 0~ Ufa ~ 26 c, i 1 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. 'J Mayor, voting Council Member, voting Council Member, voting Council Member, voting Coup. Member, voting Council Member, voting Council Member, voting The above and foregoing ordinance reed, adopted on second reading and passed by the following voles, this the day of l4_J 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 STATE OF TEXAS ¢ COUNTY OF DEMON 4 T, CNy Secrets: j of the City of Denton, Texas, do hereby certify that the above :u foregoing is a true and correct copy of the franchise for gas ordinance between the Clty of Denton, Texas, and CoServ Gas, an affiliate of Denton County Electric. The some is now recraded as Ordinance No. of the Ordinance Records of the City of Denton, Texas, WDITIESS MY AND this the day of_ A.D., 19 (Seal) iaq 1 Fits Secretary City C'WNW"TEMP48 .0. a AM f . i 21 i t I I ACCEPTANCE WHEREAS, the city council of the city or Denton, Texas, did on the day of 19 , enact an Ordinance entitled: AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, GRANTS TO COSERV GAS A NON-EXCLUSIVE FRANCHISE TO FURNISH, TRANSPORT, SELL AND DISTRIBUTE GAS TO CUSTOMERS IN DENTON, TEXAS, FOR A PERIOD OF TEN (10) YEARS FOR A FRANCHISE FEE IN THE AMOUNT OF 3% OF REVENUES COLLECTED AND PROVIDING DEFINITIONS; PROVIDING A PAYMENT SCHEDULE, AND STATEMENT OF REVENUES; PROVIDING FRANCHISE FEE NOT IN LIEU OF OTHER FEES AND CONTRACT OBLIGATIONS; PROVIDING DEPENDABLE GAS SUPPLY AT LOWEST REASONABLE COSTS; PROVIDING OBLIGATIONS REGARDING COMPANY FACILITIES, LONG-RANGE PLANNING FOR CAPITAL IMPROVEMENT PROJECTS, CITY REVIEW OF CONSTRUCTION AND DESIGN, REQUESTS BY CITY FOR RELOCATION OF COMPANY FACILITIES AND WORK BY OTHERS; PROVIDING FOR CHANGING BOUNDARIES OF CITY AND ABANDONMENT; PROVIDING CITY NOT REQUIRED TO ADVANCE FUNDS; PROVIDING FOR TECHNOLOGICAL IMPROVEMENTS; PROVIDING FOR COMPLIANCE WITH CITY RULES AND REGULATIONS, RAILROAD COMMISSION SPECIFICATIONS AND REGULATIONS, AND ENVIRONMENTAL LAWS; PROVIDING OFFICE LOCATION, REPORTS ON COMPANY OPERATIONS AND ACTIVITIES AND DETAILED BILLS; PROVIDING CITY HELD HARMLESS AND INDEMNIFICATION, NOTICE TO COMPANY, INSURANCE AND BONDS; PROVIDING PAYMENT OF EXPENSES INCURRED BY CITY IN RELATION TO ORDINANCE; PROVIDING RIGHT OF FIRST PURCHASE, RIGHT TO PURCHASE OR CONDEMN, LIMITATIONS OF COMPANY REMOVAL OF FACILITIES, TRANSPORTATION AND PROCUREMENT OF GAS BY CITY AND CURTAILMENT; PROVIDING CIVIL PENALTIES, FORECLOSURE, FORFEITURE AND TERMINATION AND OTHER LEGAL REMEDIES; PROVIDING NO WAIVER, RIGHTS OF SUCCESSORS AND ASSIGNS, REPRESENTATIVES AND NOTICES, SEVERABILITY, ENTIRE AGREEMENT, COMPANY APPROVAL, ANNEXATION TO THE CITY AND THIRD PARTIES; PROVIDING COMPLIANCE WITH CITY CHARTER AND APPLICATION OF TERMS IN COMPETING FRANCHISES; AND PROVIDING AN EFFECTIVE DATE; 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; C ~MWV 1 tcd%c.$ On 11 hMr 28 t I i r i i e E NOW, THEhjfPj, CoServ Gas, an affiliate of Denton County Electric, hereby in all respects accepts, approves en ogre i IQ laid Ord[nand, and same shall onstitute And be a binding contmrW obligation of CoServ Gas and of fhe Clfy * t waiver of any o her remedy by CoServ Gas or the City and files this its a :,teen acceptance with the f o Secretary of the City of Denton, Texas, in hiOm office. Dated this _ _day of _ A.D.19 COSERV GAS, AN AFFILIATE OF DENTON COUNTY ELECTRIC By. ATTEST: Secretary Acceptance filed in the office of the City Secretary of Denton, Texas, this day of A.b.f9 City Secmtuy iI 1 fir! rnaunnwcd.. a. ur~r 29 u RRaNI "Mrom CITY ATTORN[Y RAM NQ.1 1483121123 12.11.11 13,jlr. R.12 COdIOP G1A1 3MI FM 2181 oorlaes, llwrG20S bim dir llys RA7( 91o4vTblZS An /fit" 4rDvwn 0owW LYRw&k 8o0,2r44o14 i owwydw 10.19" W. hgdm t euwk Cly a Da Auen,ay 216 WON" D.n TX 707 w ~ bn, TX 1 tofu W. BuC* ay tWw,CcbmQ"ftnv on flat drl nlllaoo 1M dM frarKtdN dW cwrtbK Y, 1 aas lki~ VW rimyappl~dah your aflorM to naDotlala oompUa tlaua owr~ 1lrlgt paAod of . VMa awsolow to raw b KIKM Md N1" Pow to OMy and to p Aft R W4ft M a v m e a r , Yna do not tnN N applapAab b knpoaa mglbam wb Co9m Go VW am mom as ON K than tw" for oMdr pM umac c31vrA more , Ira would hfty ' ban"b imM a paeiuaeiw aroma i twl M war naMhr not rwo~ayt b do ao. Momm, we mwt mast abrpotorw w• h"I mad., and ubw to ft cl iMa N you haw anwTdad k Apaln. rN appacdato your allan h as~adtlrp WI ma1Mr, and P" b ua mm who we can do to o poft lbt oorl1id11' Om by t311 Coir4 Thu* you. SIMON Dbe113r d RpuMory Malt ! ~ ,rr I i i I i i Aperda No. Oct AGENDA INFORMATION SHEET A4e!dahem- Date._1-15 AGENDA DATE: January 5'h, 19',#9 DEPARTMENT: Planning and Develupment Department CN1/DCM1ACNh Rick Svehta4 r, SUBJECT Consider adoption of an ordinance of the City of Denton. Texas, amending Chapter 35 "Zoning" of the Code of Ordinances of the City of Dental by adopting Article XI "Corridor Overlay District"; providing a classification for designating roadways in Denton; establishing a site plan j review process, establishing landscaping, architectural, screening, outdoor storage, limited visibility land use, traffic circulation, and sign guidelines; providing for a penalty in the maximum amount of $2,000.00 for the violation thereof; providing a severability clause; providing a savings clause and providing for an effective date. (The Planning and Zoning Commission recommends no further consideration of the draft ordinance, 4-2-1). BACKGROUND A joint City Council 1 Planning & Zoning Commission public hearing occurred on November 17d', 1998 to hear comments regarding the Draft Interim Corridors Ordinance. On December 2nd, 1998, the Planning & Zoning Commission recommended no further consideration of the ordinance by a vote of 4-3 (Apple, Engelbrecht, Ganzer, Powell - IN FAVOR; Gourdy, Moreno, Rishel - OPPOSED). On Decerobc.- Sd', 1998, the City Council considered format action on the draft ordinance. As per Section 35.7(5) of the City of Denton Zoning Code, '....a favorable vote ojikree-fourrhr of all members of the city council & required to overrule a recommendation of the planning and zoning commisslon that a proposed amendment, supplement or change be denied " Since the draft Corridors Ordinance is an amendment to the zoning code, the City Council would have had to approve the ordinance by a 7-0 or 6-1 vote for the regulations to take effect. The City Council memteu dt.-!c instead to amend the ordinance and refer it back to the Planning & Zoning Commission for reconsideration, by a vote of 5-2 (Durrance, Cochran, Beasley, Kristoferson, Burroughs - IN FAVOR; Miller, Young - OPPOSED). Draft ordinance amendments made by City Council for P&Z consideration included: 1. Section 35-417(bx8) has been deleted: "Limited Visibility Land Uses" has been deleted, and 2. Section 35.413(2) has been amended: Sections of U,S. Highway 380 (University Drive) from 1-35 to Primrose Street and from Ruddell Street to Loop 288 have been removed as Entranceways (U.S. 380 outside 1.35 and Loop 288 remain designated as Entranceways), and 3. Sections 35-414(cXl) - (3) have been amended: .J Expansions of existing development are exempt from the ordinance's site plan review requirements if SO%or less than original gross floor area. Previously, the E r r a cut-off was 25%. A similar change has been made to paving fmFrovements by exempting expansions 50% or tens, and 4. SECTION V has been amended: Staff r commends that the effective date of the ordinance be moved from March 101, 1998 to April 15d', 1998 to reflect the additional titne b=ind taken by P&Z and City Council to review the draft. The likelihood of disruptions would be minimized if a 3-month window is maintained to allow completion of projects currently engaged in the development review process. The City Attorney's office has determined that, since the requirements of the ordinance are less restrictive as amended by City Council on December So, 1998, that a joint City Council I P&Z public hearing was not required. On December 166, 1998, the City Planning & Zoning Cemmission reconsidered the draft Corridors Ordinance with the December B'h,199S City Council amendmeats. After hearing several speakers and accepting a petition offered In opposition to the draft regulations, the P&Z again voted to recommend no further consideration of the proposed ordinance (Apple, Ganzer, Powell, Rishel - IN FAVOR; Gourdy, Moreno - OPPOSED; Engelbrecht - ABSTAINED). As was the case on December 8M,1998, an affirmative vote of three-fouHhs of all the members of City Council Is required on January S`s, It" to overrule the P&Z ' recommendation and approve the draft ordinance. The required vote must be either 6.1 or 6-0 in favor of the ordinance for the regulations to be adopted. s The draft ordinance combines a site plan review proce,.s with design guidelines to allow consideration of individual property features and development characteristics. According to the attached ordinance, owners of property within a designated corridor trust submit specific site plan information for P&Z and City Council review anJ approval. Unless accompanied by a request for a zoning change, plaimed development detailed plan, or specific use permit, the site p'.an review procedure would not require a public bearir, and could be processed within a three to four week period. When first proposed, staff estimates that 3,908 acres of land would have been affected had the 1 original version of the ordinance been adopted. When revised to reflect the site plan review process with design guidelines, the amount of land affected decreased by 460/6, to 3,144 acres. With the amendments made by City Council, reducing the length of U.S. Highway 380 designated as an Entranceway Corridor, the affected acreage would decrease from 3,141 to 3,048, a 1% reduction. Approximately 95 acres of U.S. 380 property are no longer within designated corridors as a result of the recent Council amendments. I FSTIMATED SCHEDULE OF PROJECT City Council Action January 5`v, 1998 1 Proposed Effective Date April 15". 1999 i' 1 2 1 C V PRIOR ACTION/REVIEW' origin a] Formats Regulated Standards (No Site Plan Review) January 098 Corridors Ordinance scheduled by City Council April 28', 1998 City Council Work Session may 13', 1998 Planning & Z•ming Commission Work Session May 27', 1998 P & Z Public Hearing and recommendation of approval, 4.1 May 29', 1998 City Staff / Chamber of Commerce Meeting Jwu 2"4,1998 City Council Public Hearing June 9', 1998 City Council Work Session (Alternative notification) June 16', 1998 City Council Regular Meeting (Alternative notificationordinance) Jule 20, 1998 City Stan'/ Chamber o'i Commerce Meeting July loth, 1998 City Staff I Chamber of fummerce Meeting July 24", 1998 City StalTl Chamber c! Commerce Meeting July IS', 1998 City Council Work Session August 4', 1998 Joint City Council / P & Z Commission Public Hearing August I1', 1998 City Council Work Session Revised Format Flexible Guidelines INVith Site Plan Review) August 250, 1998 City Staff / Chamber Task Force Ma +g September 9'1998 City Council Work Session September 241, 1998 City Staff I Chamber Task Force Meeting October 8'11998 City Staff I Chamber Task Force Meeting October 13 ,1998 City Council Work Session j October 10, 1999 Planning & Zoning Commission Briefing October 20', 1999 City Council Alternative Notification Ordinance October 2841, 1998 Planning & Zoning Commission Work Session November 1041, 1998 City Council Work Session j November 111i, 1998 City Staff / Chamber Task Force Meeting November 121',1998 Chamber of Commerce Board Meeting November 17',1998 Joint Council 1 P&Z Public Hearing December 2n4,1998 P&Z Advisory Recommendation (Disapproval, 4.3) December 8', 1998 City Council referral back to P&Z for reconAderstion with Amendments (5-2) December 16', 1999 P&'L Reconsideration I Recommendation (Disapproval, 4-2-1) RECOMMENDATIONS Staff feels that the draft ordinance represents a compromise to address visual quality issues for thoroughfare corridors on an interim basis. Standards should be developed for each corridor on an individual basis in the longer term, and Cou icil should relinquish its site plan review responsibilities once the standards are adopted. The dialogue between the Chamber orCommerce Task Force and city staff worked well, and i should be viewed as a promising conflict resolution method when similar situations arise. (A' I 3 I{ I 0 FISCAL INFOVIATIO By shifting from prescriptive standards that can be administered by staff to flexible plo-dines that require City Council review, additional resources and time will be necessary to produce staff reports and process design review applications. Council site plan review is not regarded by staff as the best way to accomplish Thoroughfare Condor objectives; rather, the review proem is viewed as an interim approach that should give way to specific Corridor standards that are generated after the Comprehensive Plan process is completed, ATTACHMENTS i Exhibit A: Draft Corridors Ordinance Meeting Exhibit: Corridors Map i i Respectfully submitted: i v Hill Director of Plaruiing and Development i i 1 11 r y. t.lies, o i t 4 CITY OF DENTON DRAFT CORRIDORS ORDINANCE As Amended by City Council on December 8`",1998 [Amendments are highlighted) Prepared for December 16w, 1998 Planning & Zoning Commission Reconsideration And January 5h,1999 City Council Consideration of Adoption 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 35 "ZONING" CODE OF ORDINANCES OF THE CITY OF DENTON BY ADOPTING ARTICLE XI "CORRIDOR OVERLAY DISTRICT"; PROVIDING A CLASSIFICATION FOR DESIGNATING ROADWAYS IN DENTON; ESTABLISHING A SITE PLAN REVIEW PROCESS, ESTABLISHING LANDSCAPING, ARCHITECTURAL, SCREENING, OUTDOOR STORAGE, LIMITED VISIBILITY LAND USE, TRAFFIC CIRCULATION, AND SIGN GUIDELINES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR THE VIOLATION THEREOF; PROVIDING A SEVERAE'LITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton City Council has determined that major thoroughfare corridors impact the community's visual image; and WHEREAS, the City Council finds that it is in the public interest to insure that new developments in Denton will help to enhance the economic and aesthetic emironment; and WHEREAS, the City of Denton recognizes that the establishment of overlay districts and site plan review guidelines is necessary to protect, preserve, and enhance the visual image of major thoroughfare condors; and WHEREAS, site plan review guidelines regarding landscaping, architectural features, setbacks, screening, limited visibility land uses, traffic circulation, and signage we necessary to evaluate the aspects of proposed development that affect the aesthetics of the corridors; and WHEREAS, the City Council has conducted public hearings on the proposed regulations f~ 2 , contained herein; NOW THEREFORE, f r;., THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS; S t x SECTION 1. That Chapter 35 "Zoning" of the Code of Ordinances of the City of Denton, Texas is hereby amended by the adoption of Title Xt, entitled "Corridor Overlay District," so that hereafter said title shall be and read as follows: Sec. 35411. Short Title and Scope. This article shall be known and may be cited as the Corridor Overlay Districts Ordinance. This article is creating new districts that overlay current zoning districts. If a conflict arises between the underlying zoning district and the provisions of the Corridor Overlay Districts Ordinance, the ` provisions of this article shall take precedence; otherwise, the rules and regulations of the underlying zoning district shall have 1101 fface and effect. Sec. 35412. Statement of Purpose. The intent of this article is to promote the immediate and long-term public health, safety, economic stability and general welfare of the citizens of Denton by establishing regulations related to access and appearance of designated roadways. This article is intended to promote the following general purposes: 1) To provide a visually attractive environment for those who travel on the City's thoroughfares; 2) To allow flexible evaluation of individual site characteristics and proposed site design features that affect the a(stbetic quality of thoroughfare corridors; 3) To establish a positive image for Denton that is visible along its most heavily traveled corridors. 4) To communicate a sense of order tin.'. safety to motorist and pedestrians through development of landscape design, access plans and structural treatments. 1 5) To retain and enhance land values by creating a sense of visual compatibility along corridors. Sec. 35.413. Classifications. l) Gateways: Gateway corridors are I,ODO-fect wide overlay zones that extend 500 feet from the right-of-way center line for the following limited-access thoroughfares: a)1.35 N; b)1-35W; c) I-35 E; and d) Loop 288, { { ti Ali r i 6 2) Entrancevrxys: Entranceway condors are 500-feet wide overlay zones that extend 250 feet from the right-of-way center line for the following segments of primary or secondary thoroughfares: a} U.S, Highway 380 from Pfimpese Siree4 , , west to the city limits; b) U.S. Highway 380 from 1laddell Street east to the city limits; c) US Hwy 77 from 1.35N to Windsor Drive; d) Teasley Lane (FM 2181); c) Fort Worth Drive (US Highway 377) from 1.35 E south to the city limits; 0 Locust Street (FM 2164) from Loop 288 north to the city limits; and g) Sherman Drive (FM 428) from Loop 288 north to the city limits. 3) The provisions of this article shall apply to property along the designated roadway that is within the city limits. As annexation occurs along the designated roadways the regulations shall apply to the area annexed after proper zoning. See. 35-414. Applicability, 1) The provisions of this article shall apply to property located within designated corridors as follows: a) Vacant Property: Any tract of land either platted or unplatted which has no development as defined in Section 34-11 of the Code of Ordinance. An exception to taus section is a parcel partially located within a designated corridor, where proposed new development is exempt from the provisions of this article if all features of the expansion are completely outside the corridor overlay district. b) Developed Property: Any tract of land which has development m d.'Incd in Section 34.11 of the Code of Ordinances on which remodeling, redevel,,, ment, or reconstruction is proposed and that would res,tlt in an expansion of gross floor area, parking lot area, or vehicular surface area. 2) Exemptions a Active Agricultural and Ranching Uses: eropcrty bei.vg used solely for agricultural, ranching, or livestock production is exempt from the provisions of this article, b) Single-Family Uses: Single-family residential development shall be exempt from the provisions of this article. c). Ocvtloped Property: Developed Property shall be exempted on the following basis: 1) Structural Expansion less than 36% of Cross Floor Area: When i remodeling, redevelopment, or reconstruction is proposed on platted property that would expand exioing gross floor area of the lot's structure or structures by t O less than aHenly Ave (2-5) percent, the proposed activity Is exempt from the provisions of this article. 7 r s b 2) Sq *uclural Expansion of Gruss Floor Area equal to or greater than 4W $4% of Cross Floor Area: When remodeling, redevelopment, or reconstruction is proposed on platted property that would expand existin ss floor area of the lot's structure or structures by 4wealy-five (2A Ji 1Q)percent or more, the proposed expansion will be subject to site plan approval procedures described in this article. An exception to this section is a parcel partially located within a designated corridor, where & proposed expansion is exempt from the provisions of this article if all features of the expansion are completely outside the corridor overlay district. 3) Paving Improvements Only: When parking lot or vehicular surface area improvements are proposed that would result in an impervious surface expansion of twenty-five QO) MV($0) percent or greater, or would result in impervious surface reconstruction amounting to twenty-}rve (;3j 1i1' ';1 O percent or greater, th, icquirements of Section 31-1(1) shall be applied only to the area where the expansion or reconstruclion occurs. This provision shall apply only when such improvements are not part of a structural remodeling, redevelopment, or reconstruction proposal. Site plan approval is not required under these circumstances. impervious surface resurfacing or repair, which does not involve removal or reestablishment of pavement sub-base materials, is exempt from these requirements. 4) Expansion Cumulative: In d:lennining the percentage of expansion of developed property concerning gross floor area, parking lot area, or vehicular surface area, the calculation shall be based upon the size of the development at the time of the effective date of the ordinance. All new development after the effective date of the ordinance shall be considered in the calculations. Spe. 415. Site Plan (a) Prior to the development of vacant land, a site plan application must be submitted to the Planning and Development Department containing sufficient detail to indicate that each of the Corridor guidelines has been addressed. The site plan shall be referred to the Planning and Zoning Commission, which shall make an advisory recommendation to the City Council. The site plan must be approved by simple majority vote of the City Council before a building permit may be Issued for the vacant property. The site plan required by this article shall be submitted by the time a building permit application is filed. The site plan may be submitted as part of an application fot a zoning change, a planned development, or a specific use permit. In the event that an applicant does not wish to submit a Corridor Guidelines site plan application at the tim: a zoning change is requested, the required site plan may be reviewed by the Planning and Zoning Commission and City Colulcil separately at a later A date, (b) A Sit: Plan for developed property is required when the property Is not exempt under Sec. 33• `r 414(u) of this article. e i Sec. 35416. Site Plan Information The site plan required by this article shall contain the following information: i (1) Plan View. A plan view, to scale, shall be submitted identifying the location, size, and identification of all proposed site improvements. (2) Landscaping. All proposed landscape materials shall be indicates on the site: plan, with notes indicating consistency with the City's landscape ordinance. (3) Architectural Materials. Proposed fa;ade materials shall be identified on the site plan, including the color of proposed structural elements. (4) Fagade Design. An elevation of the front fagade shall be included as part of the required site plan submittal. (5) Screening. The site plan shall include the location and visual characteristics of all materials used to screen or buffer structural features that project above ground level or beyond structure walls or roof lines. (6) Mechanical equipment. Mechanical equipment including but not limited to the following, satellite dishes, air conditioning units, antennae, and other features shall be identified on the site plan, and owner shall provide how mechanical equipment will be screened from the section of the thoroughfare directly adjacent to the corridor property. Owner shall also show how any roof-mounted equipment will bo integrated into the architectural design of the structure and screened from view. (7) Service Bays, Loading Docks, and Drive-1n Lanes: Vehicle repair, service maintenance bays, loading docks, and drive-in lanes shall be identified on the site plan. Owner shall provide information as to screening of any bays and docks and drive in lanes or windows on any structural wall that faces directly toward the adjacent thoroughfare. (8) Traffic 0,culation, Site Access and Parking Site Access, traffic circulation patterns, off-street parking, and all impenious surfaces slialt be indicated on the required site plan, (9) Signage: Sign details shall be provided iu order to detn nine complia,tce with the requirements of Chapter 33 of the Code of Ordinances, "Sign and Advt,rtising Devices." , (10) Limited Visibility Uses: Provide details as to the screening efforts of any "limited visibility uses" as listed in this article. (11) Site Information: Acreage, land uses, water and drainage, utilities, sidewalks and bike paths information as defined in Section 35.176 of the city of D, don, Code of Ordinances shall be identified In the site plan. Sec, 35417. Site Plan Re%lew. The council may approve the site plan submitted by the owner under this article if it finds that the site plan: (a)Provides the information required oy Section 35-416. (b)WouId be compatible with surrounding properties Lad further the purposes stated in Section i~ . 35.412 of this article. In considering whether a site plan is compatible with surrounding properties and further the purposes of this article, the commission and council shall consider, out are not limited to considering the following guidelines. r 4 i r I (1) Landscaping. Compliance with the landscape requirements of Chapter 31 of the City Code of Ordinan^es. (i) Plantings: In meeting the requirements of Chapter 31, "Landscape", City Council members will evaluate the use of landscape materials to improve views of the property from the adjacent thoroughfare and how plantings are used advantageously for screening or buffering purposes. (ii) Open Space: Whether the plan has open space along the adjacent thoroughfare to provide trees, shrubs, groundcover, and other plantings for aesthetic purposes. The reservation of a 25-foot wide landscape buffer adjacent to the public right of way is the preferred area of open space. (2) Architecture. (i) Materials: The exterior walls of the building facing or clearly visible immediately adjacent to the corridor should be comprised of wood, stone, cast stone, stucco, brick, limestone, granite or a similar appearing natural or created masonry material. Tilt-wall construction is considered an acceptable form of masonry material. Metal-clad structures are not typically considered appropriate, but unique architectural design using metal facade elements can be approved as compatible. Glass used in windows and doors should be consistent with structural aesthetics and the extent to which views of interior uses are appropriate, Facade exterior glass should not exceed a maximum reflectance of 204/a. The use of alternative building materials should be consistent with the appearance of the materials listed above. (ii) Colors: Colors should demonstrate rcrpect for neighboring properties, and should not be intended to serve primarily as in advertising device (iii) Design: The design of each structure ahauld include relief to front wall and roofline. Single, uninterrupted surface planes are discouraged, (3) Screening. Efforts to screen certain site features should be undertaken as idmttified in this article. I (i) Nlechanlcal equipment: Mechanical equipment, including satellite dishes, air conditioning units, antennae, and other features should he visually screened from view from the segment of thoroughfare directly adjacent to the corridor property; roof-mounted equipment should be integrated into the architectural design or screened from view, (ii) Service Bays, Loading Docks, and Drive-in Lanes: Service bays and docks, and drive-in lanes and windows should not be located on any structural , wall facing directly toward the adjacent thoroughfare unless modified through the effective use of screening elements. (4) Outdoor Storage Areas: Outdoor storage areas are defined as any area that contains trash collection areas or dumpster refuse containers; outdoor loading end unloading spaces; docks or outdoor shipping and receiving areas; outdoor storage of 10 r bulk materials and /or parts; or areas regularly used for outdoor repair, outdoor storage areas of service stations, motor vehicle dealers, or inspection stations. Temporary construction and related activities are excluded from this definition, (i) Outdoor storage areas must be screened from public rights-of-way using live evergreen screening plants, six (6) feet in height at installation, spacod no more than eighteen (18) inches apart, edge to edge. The use of a fence or wall is considered compatible for outdoor storage area screening, provided it is at least six (6) feet tall, opaque, and of masonry, stone, or wooden material, or of the same material as that of the principal building. Earthen berms may be used to meet the vertical height standards identified in this section. If dumpster enclosure openings face public rights-of-way, they should be gaud. (5) sttrchandise Display- The exterior display of automobiles, trucks, construction equipment, trailers, or other vehicles for the purposes of sale or lease, with the exception of junkyards, must be in compliance with parking lot and vehicular surface area landscaping requirements. The exterior display of living materials such as (.'hristmas trees, pumpkins and flowers and similar living landscape plants may be visible from the adjacent thoroughfare, but the principle intent should be for display purposes and not outdoor storage, and the orientation of the display should face the adjacent thoroughfare. Other types of displays will be considered on an individual basis, evaluating the visual impact of the proposed display and the extent to which the display serves a storage function, (6) Traffic Circulation, Site Access and Parking. (i) The site plan should allow a safe and efficient flow of traffic in and out of the property to maximize the capacity of the roadway. Access management principles should be employed to minimize congestion of adjacent roalways. Issues such as comer clearances, driveway spacing, joint access dri.eways and parallel access roads should be addressed in the site plan, Site plan information should demonstrate that transportation impacts have been minimized while providing necessary site access. (ii) The extent to which off-street parking or other paved areas are located adjacent to a thoroughfare should be limited. Open space and landscape plantings should be used to soften the impact of paves areas visible from adjacent thoroughfares. Large expas,ses of uninterrupted pavement should be screened from thoroughfare views. (7) Signsgc. (i) The sit( plan r`.,uld adhere to the requirements of Chapter 33 of the City Code, "Signs and Advertising Devicr.." A sign district should be established its per Section 33.254(2) for corridor properties that have more than three hundred (300) feet of continuous thoroughfare frontage. (&}4A Ned 4,191bl"A),voto t / ]A \ 1 IerBti$1 k I1 i all peitniially ineempa;lble site femumm A-Plifniled- Visibility band Uses" ftem eeFrideF view: I A 2; ferFeetienel Feeilky ElEilkt; Attessery and to de .4e{-f: m 3;-6keEr+e-6aNere~ing++len1 43 Eleetr+e Substation 4A" 7) pdblie Building, Shop. Vard of bees!, SiMe. ep Federal Geyewomen 14 % 9}-$eW9ge:;FedtFA@M-Pk M 11) W84OF PUMPiRS SWIM OF W011 14) FRiFweund or SAhibilien !B WGO-~ U*m P}Heuling eF 6temgaF~ 19) Mew FreiOtTermime 2I Perking b T-meac Amemablit gem see Usto Me -S" A "*Weesehel" ;6) T-001 OF Poile! Renial AgF4euliuFU►F Fype lies 2"-whery, Paul! A) Laveslaek Auelieo 2;~ cegNner"4y"-pm i ;0) Commews M) Heavy44ec 35) Mini wareheages 12 t"~ speela4 se) e"•L Mm er:raa at...A 40) Dump or SaitiIary Fi W Area Q}SfflIllEYBF-R1 AWY C. Failure to fully comply with iJ article should not be intended to avoid existing development regulations or gain a variance from code requirements. In making its determination to approve or disapprove the site plan, the council shall consider esch site separately. City Council site plan review is intended to be flexible and discretionary, taking into account individual site conditions that may affect visual characteristics, including: a) Topography b) Adjacent Land Uses c) Existing Structures d) Existing Vegetation e) Proximity to Adjacent Thoroughfare f) Site Size g) Site Shape h) Intersection of Designated Cc mdors I) Easement or Dedication Rcqu:rements SE CTIOhi M That any person violating any provision of this ordinance shall, upon conviction, be fined a cum not exceeding $2,000,00, Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION [ll. That if any section, subsection, paragraph, sentence, clause, phrase or word in this o.dinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity. . ..T~F !ON IY, That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Chapter 3S of the Code of Ordinances shall remain in full fort: and effect. H-QT QX_LThat this ordinance shall become effective on Mereh A61fl ISth, 1999, and the City Secretary is hereby directed to cause the caption of this ordinance to be publish)d twice In the Denton Record•chronicte, a daily newspaper published in the City of Dentcn, Texas, within ten (10) dayr. of tlic date of passage. IJ i PASSED AND APPROVED this the day of 1998. I I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I f BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: _ I/ i I i Rq!nJa dem PS 1 q- AGENDA INFORMATION SIIEET AGENDA DATE: January S, 1949 { DEPARTMENT: Electric Utility ACM: I loward Martin, Assistant City Manager for Utilities k SUBJECT; CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS AU THORIZING THE CITY MANAGER TO EXECUTE A P' OFESSIONAL SERVICES AGREEMENT WITH REED CONSULTING GROUP FOR CONSULTING SERVICES PERTAINING TO ELECTRIC RESTRUCTURING MATTERS AND THE POSSIBLE DIVESTITURE OF TILE CITY'S ELECTRIC GENERATION AND DISTRIBUTION ASSETS; AUTHORIZING TI IE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, 1 BACKGROUND: As the deregulation of the retail electric industry in Texas approaches, DME staff, the Public Utility Board and the City Council continue to examine the options available that will allow Denton to both take advantage of the potential benefits of deregulation while managing the associated additional risks. This analysis is complicated by the significant amount,)f stranded investment, associated with Denton's participation in TMPA, which will be created ;ly electric deregulation. I In the generation arena, the existing deregulated wholesale generation market increases the level of risk associated with participat' 1 in the generation the market. It also presents the potential for Denton to both:nitigate that t wd realize some amount of financial gain from the sale or lease of its existing generation reso :s and site. In the distribution arena, it is of vale: 'or the City to dclermine the market value of its distribution assets and compare that , lue to the long-term value of the distribution syskm if it remains part of the City utility systcr. The availability of that information will allow the Public Utility He id and City Council to determine the appropriate course of action regarding retention of the electric distribution system in a deregulated retail electric market. In order to maximize the value of Denton's electric utility assets, determine the actual market value of those assets, and make the appropriate decisions regarding the future of Denton in the r generation and distribution electric utility business, it has been determined that the best course of t j action is to conduct a competitive Request for Proposal. i c c I I I t . I The competitive Request for Proposal process will be very complex and time consuming. Existing electric utility staff will rccuire assistance from experts in the performance of such RFP's and experts in the Texas utility and regulatory arena. The attached contract with Reed Consulting Group will provide support in the area of organization and administration of such a Request for Proposal process. Reed has performed several of these efforts successfu}Iy in the United States and abroad. OPTIONS: 1, Approve the contract as proposed. 2. Attempt to perform the RFP process with existing staff. 3. Do not offer the DME electric system for sale. i RECOMMENDATION: Staff recommends Option 1. There is insufficient staff within DME to perform the RFP process in a timely fashion. In addition, the staffs inexperience in this area would probably result in lower value for the assets and overlooked legal, regulatory and technical requirements. Failure to offer the assets for sale would result In Ihnton ignoring a possible solution to the TMPA stranded cost problem. ESTIMATED SCHEDULE OF PROIUL- Completion by the end of 1999. PRIOR ACTION/REVIEW( Council. Boards,Commtssionsl: It was not practiced for the PUB to meet prior to this council session. However, this item has been provideh to the members of the Public Utility Board for rSelr individual review and they hate Indicated no objections. FISCAL INFORMATION: Reed Consulting Contract not to exceed S2,025,0W. Respectful y submitted: i r t'`L ,ufiy Sharon Mays Flectric Utility Director 2 i t l ORDINANCE: NO. AN ORDINANCE OF WE CITY OF DENTON, TEXAS AUTHORIZING HIE CITY MANAGER TO EXECUIE A PROFESSIONAL, SERVICES AGREEMEN1 WITH REED CONSULTING GROUP FOR CONSULTING SERVICES PER'rAININO TO ELECTRIC RESTRUCTURING MATTERS AND THE POSSIBLE DIVESTITURE OF THE CITY'S I ELECTRIC GENERATION AND DISTRIBUTION ASSEIS; AUTEIORIZING THE I EXPENDITURE CF FUNDS TIIERF.FOR; AND PROVIDING AN FFFECFIVE DAI E. WHEREAS, the City Council deems it in the public interest to engage Renal Consulting Group to pn vide professional consulting services to the City pertaining to the electric restructuring matters and the possible divestiture of the City's electric generation and distribution assets; and i M ILREAS. Chapter 2253 of the Texas Government Code, known as the "Professional Services Procurement Act', provides that a City may not select a provider of professional services in the basis o£ competitive bids, but must select the provider on the basis of dcmonsiratt: competence and yualiAcations, and for a fair and reasonable price, and WI ILREiAS, the professional fees as provides a the Professional Services Agreement art fair and reasonable, considering all relevant factors, as well as the magni'ude of thn project fix shish Reed Consulting Group is being engaged; and said professional fees do not exceed any maximum provided by law for such prulcssional sen ices; and WHEREAS, the City Council has provided in the ('its Budget for the approptiati m of funds to be used for the purchase of the professional scnices. as set forth in the Professional Services Agreement: NOW, TI IEiRUJORF. 111E C'OUNC'IL Of 1111: C11 Y OF I&N I ON M RI ISY ORDAIYS: SEC'UON L Ihic the City Slunager is herthy authorised to execute a Professional Services Agreemcm t0h Recd Consulting Group for professional consulting services pertaining to clec tric r%~strucmring matters and the possible divestiture of the City's electric generation and distribution assets, in substantially the Porno of the Professional Services Agreement attached hereto and incorporated herewith by refcrenve. SMI(~jJ; "That tea: mard of chic Agreement is on the basis of the demonstrated competence ar,d qualifications of Reed ( onsulting Uroup and the abilil) of Reed Consulting Group to perform the scn ices reeded h the City for a fair and reasonable price. 1 c Sf;C_1 (N III; Ihat the expenditure of funds as provided in the attached Professional Services Agreement is herchy authorised. 51_(] I(1Nj~%'- 'I hit this ,rdinance shall become clTscike immediately upon its passage and approval 3 . i r r ~ PASSED AND APPROVED this the day o[_______ 11999. JACK MILLER, MAYOR AT'JEST: JENNIFER 1VALTERS, CITY SECRETARY By• APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CI I Y ATTCaNEY d S (hv I~,.umnu(hdman.er vR ReedCuneu it! ng,imup PSA lhir erl R} P) Joe i4 I r c L STATE OF TEXAS § COUNTY OF DE'sNTON § PRoLESSIONAL SERVICES AGREEMENT 1 his Agreement is entered into this fifth day of January, 1999, by and between Reed Consulting Group ("REED"), a Massachusetts corporation, with its principal office at 200 Wheelcr Road, Burlington, Massachusetts, 01803, and the City of Dentin, Texas ("CITY"), a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Texas, 76201, for professional and :elated consulting servicer, to be provided to CITY, both parties acting by and eirougb their duly authorized representatives, This Agreement supersedes, terminates and replaces In its entirety the Professional Services Agreement entered into by the pmrtles heiirto on March 3, 1998. W1IERFAS, that in consideration of the covenants and agreements herein contalned, REED and the CITY do hereby mutually AGREE as follows: AR'l IC'LF: I. SCOPE OF SERVICES The Cl I Y hereby engages REED, and REED hereby agrees to provide to C11 Y the services set tooth in the individual Task order made an attachment to this Agreement, The Task Order generally provides for professional services involved in assisting the CITY with its possible electric generation and distribution divestiture. The following work products and professional services are among the primary deliverables to F e provided in connection with the divestiture process: I ) Detailed scht Jule and crit',~al path coordination for all work tasks; 2) Document identification, collection, and organlzatiom 3) Management of data room an&'or CD-ROM production if applicable; N 4) Terms of Sale analysis and recommendations, including assistance with the preliminary Purchase and Sale Agreement and other closing documentation; 5) Preparation of database of golentiai bidders; 6) Preparation of early Interest letter and other marketing materials, including websile if applicable; 7) Preparation of Offering Memorandum; 8) Due diligence support, including written and verbal Q&A coordination; 9) Preparation of site tour protocol documents and implementation of site-tours; 10) Preparation of Human Resources manual and Labor Transition Plan and assistance In communication with emplo) ecs; 1 E)Reaiew orco0ronmenlil documentation and recommendations for presenting and conveying environmental assets and liabi)ities; 12) Preparation of site separation plans and &wumcniation as needed; TrofesiiiinaT$cri-W t-s gr:ement Reed Consulting Groap • Pale I 5 h r< r 13) Marketing and iiegotiations with final bidders; 14) Bidder qualification and Anal bid review, i ARTICLE 11. FEES FOR SERVICES For services provided by REED to CITY pursuant to this Agreement, CITY shall REED in accordance with the rates and charges set forth in the Attachment to pay Professional Services Agreement dated January 5, 1999 (the "Attachment") attached hereto and made a part of this Agreement for all purposes; provided, however, such charges and rates shall not exceed $2,025,000 unless the CITY agrees by an amendment to this Agreement to an Increase the maximum fee for benlces for this engagement. ARTICLE 111, BILLING AND PAYMENT REED shall submit a monthly statement to CITY setting forth the amount due for services and itemizing amounts due for expenses. CITY shall pay the Nit amount of such statement within thirty (30) days after receipt. Any sums billed. not disputed In written form setting forth specific exceptions and unpaid aRcr thirty (30) days frow the date of receipt, shall be subject to a late payment charge equal to one (1) peg ;ent for each month or fraction thereof past due, Nothing contained In this article shall require the CITY to pay for any work which is unsatisfaeory as reasonably determined by the City Manager for the C1TY after having considered testimony and/or documentation from REED, or which is not submitted in compliance with the terns of this Agreement. No late charge shall apply to any such unsatisfactory or disputed work, The CITY shall not be required to make any payments to REED when REED is in default under this Agreement. ARTICLE IV. INDEPENDENT CONTRACTOR REED shalt provide services to CITY as an independent contractor, not as an employee of CIIY• REED shall not have or claim any right arising from employee status. RLED agrees to perform the services hereunder in connection with the project as stated in this Agreement with due diiigonce, and In accordance with the highest professional standards obtained for such services in the State of Texas. j ARTICLE V. TERM AND TERMINATION OF AGREEMENT A• Unlc14 otherwise terminated as provided herein, this Agreement shall become effective upon execution by the parties and shall terminate when the services provided for ,tcrein have bc~n fully and completely performed. This Agreement may be sooner teminated in accordance with the provisions hereof. Time is of the essence in this Agreement, REED will make all reasonable efforts to complete the services set forth f herein a.s expeditiously m possible to meet the schedule established by the CITY, I o ess ona n « s ilteemIni 6 Reed Consulting Group • Ps4e 2 _ ~ III I t B. Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by giving thirty (30) days advance wiilten notice to the other party C. This Agreement may also be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under the Agreement. No such termination will be effecled, unless the breaching party is given (1) written notice, delivered by certified mail, retum receipt requested, of intent to terminate, 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. D. If this Agreement is terminated prior to completion of the services to be provided hereunder, REED shall immediately cease all services and shall render a final bill for services to CfiY within thirty (30) days after the date of termination, and CITY shall pay REED for all services properly rendered and reimbursable expenses to termination incurred prior to the date of terminati in in accordance with Article III hereof. Should the CII Y subsequently contract with a nt x consultant for continuation of services on the project as defined in the attached Task Order, REED shall fully cooperate In providir, Information. Except as expressly noted by REED on certain documents, copies of documenls prepared or furnished by REED pursuant to this Agreement shall become the properly of the C11 Y, but REED may maintain copies of such documents for its use. In the went that the CITY is in breach of this Agreement and the Agreement terminates, the CITY shall return all data and materials which REED reasonably determines to be competitively sensitive or proprietary, Nothing In this Agreement creates any rights for the CITY in any intellectual property owned by REED. ARTICLE Vl. INSURANCE During the performance of the services under this Agreement, REED shall maintain the following Insurance with an insurance company licensed to do business in the state of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an "V or above: A. Compr:hcnsive General Liability Insurance with bodily injury limits of not less than $1,000.000 for each occurrence and not less than $1,000,000 In the aggregate: and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 13, 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 fr ,t damage limits of not less than $100,000 for each accident. ' (1° ~ I .tn cci greemeM WkWmional Rted Consuldrg Group • page 3 t, C. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $2,000,000 annual aggregate, E. REED shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies to the extent lawfully possible and shall contain a provision that such insurance shall not be canceled or modified without thirty (3U) days prior wrilien notice to CI1 Y and REED. In such event, REED shall, prior to the effective date of the change or cancellation, promptly deliver to CITY substitute policies or certificates providing or evidencing the same coverage. ARTICLE VII. LIABILITY A. REED shall indemnify and hold harml-rss the ClIFY, its officials, employees, attorneys and agents, from and against any and all liability, claims, demands, damages, Icsscs, and expenses, including, but not limited to, court costs and reasonable attorney's fees incurred by CLOY, for which REED is determined to be legally liabte resulting from negligent acts, errors, or omissions by REED. Its direaors, officers, agents, and employees in performance of services required by this Agreement. Liability, claims, demands, damages, losses, or expenses resulting from the negligent acts, errors or omissions, whether active or passive, by CITY, its officials, employees, attorneys, and agents are excluded from REED's obligations pursuant to this paragraph. 13. RFFI)'s indemnification of the CIi Y, as provided in Article VILA., above, as to any act or omission constituting professional malpractice, shall be expressly limited to the amount of fees payable to REED under this Agreement as set forth in Article it of this Agreement C. REEEys Indemnification of the C'II'Y, as provided In Article VILA. above, resulting from any negligent acts, errors, or otnfssions of REED, other than professional malpractice, shall be expressly limited to the proceeds of its applicable insurance c verage, as identified in Article VIA,, h, R C, of this Agreement. 1). to the extent permitted by applicable law, CITY shall indemnify and hold harmless RLED, its officials, employees, allomeys and agents to the same extent and with the same limitations as expressed in Article VII. A., B., and C. of this Agreement. i ~ L. Nothing in this Agreement shall be construed to create h liability to any person ` r who is not a party to this Agreement and nothing herein shall naive any of either party's defenses, both at law or equity, to any claim, cause of action of litigation filed by anyone TrO-TC-SSTunaf erv ces Agreement Recd C'anstdting Oroup • Page 4 r i +1, not a party to this Agreement, including the defense of governmental Immunity, which defenses are hereby expressly reserved. ARTICLE VIII. OBSERVATION AND REVIEW OF THE WORK REED shall exercise reasonable care and due diligence in discovering and promptly reporting to the CITY any defects or deficiencies in the work of REED or of any contractors, subcontractors, or subconsultants working on the project. ARTICLE IX. RESONSIBILITY FORCLAIMS AND LIABILITIES Approval by the CITY shall not constitute rot be deemed a release of the responsibility and liability of REED, its employees, associates, agents and consultants for the accuracy and competency of their designs or other work. Nor shall such approval be deemed to be an assumption of such responsibility by the CITY for any defect in the work prepared by REED, its employees, associates, agents and consultants. ARTICLE X. ATTORNEY'S FEES if either party hereto shall become Involved in litigation arising directly out of REED's performance under this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees, costs and expenses. This provision shall be construed as applicable to the entire Agreement. ARTICLE X1. NOTICES A. Any notice, demand, 'nformation, Invoice, report, or item otherwise required, authorized, or provided fcr in this Agreement, unless otherwise specified herein, shall be deemed properly given if delivered In person or sent by United States Mail, First Class Postage prepaid to: CITY: REED: Howard Martin, Assistant City Manager/Utilities Reed Consulting Group, Inc. City of Denton, Texas James Coyne, Vice President 215 E. McKinney Street 200 Wheeler Road Denton, TX 76201 Burlington, MA 91803 B. All notices mailed shall be deemed effective upon receipt by the party to whom r+~ such notice is given. rn ess one Services Breement Reed Comuklml Group • Pape ! 9 i ARTICLE XII. ARBIII'RATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes unJer this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such a mediation. No arbitration or altemate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the Disagreement without the other's approval. ARTICLE XIII. OWNERSIIIP OF DOCUMENTS All documents prepared or fundshed by REED (and REED's su'acontractors or subconsultanis) pursuant to this Agreement are Instruments of service and shall become the property of the CITY upon the ternilnation of this Agreement REED is entitled to retain coples of all such documents. REED agrees to honor all written requests of the CITY to maintain certain designated documents as confidential and not to disclose the same to any party, except as may be required by law and with prior notice to the CITY. The documents prepared and furntshed by REED are Intended only to be applicable to this project :md the C'1TY's use of these documents in any other pr^ject shall be at the CITY's sole risk and expense. In the event the CITY uses the documents in another project or for other purposes than specified herein any of the information or materials developed pursuant to this Agreement, REED is released from any and all liability relating to their use in that project. ARTICLE XIV. ACCESS TO RECORDS OF REED BY C'I'TY REED agrees that the CITY shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, '-apers and records of REED involving transactions relating to this Agreement, with the exception of any books, documents, papers and records which REED determines competitively sensitive or proprietary and which pertain to the property rights of others. REED agrees that the CITY shall have access during normal working hours to all necessary REEL) facilities and shall be provided adequate and appropriate working space in order to conduct audits or examinations In compliance with this section, The CITY shall give REED reasonable advance notice of Intended audits or examinations. ARI ICLE XV. PERSONNEL r A. RLF.D represents that, except as provided for In the Attachment, it has or will secure at its own expense all personnel required under this Agreement, and such personnel shall not be employees or officers of the CITY. REED shill inform the CITY rTZo aes ona erv cee greeinenr to + Reed Consuhias Gruup • Pose 6 c• E. t of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. E3. All services required hereunder will be performed by REED or under its supervision. All personnel engaged in work shall be qualified and shall be authorized and permitted under state and local laws to perform such services, ARTICLE XVI. DISCRIMINATION PROIIInITED In performing the services required lereunder, REED shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. AR'T'ICLE XVIL COMPLIANCE W1311 LAWS RF FD shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or as they may be hcrcinaller amended, ARTICLE XVIII, COORDINATION OF WORK ON THE ENGAGEMENT A. RLED shall commence, carry on, and complete this engagement with all applicable dispatch, in a sound, economical, efficient manner; and, in accordance with the protisions hereof. In accomplishing the project, REED shall take such steps as are appropriate to ensure that the work involved is propery coordinated with related work being carried on by the CFI Y. 13. The CITY shall assist REED by placing at RFED's disposal all available information pertinent to the project, including previous reports, any other data relative to the project and arranging for access to, and make all provisions for REED to enter in or upon, public and private property as required for BLED to perform services under this Agreemenl. C. REED agrcrs to cooperate ftdiy with R,J. Covington Consulting ("Covington") i and City staff, together with the City's outside attorneys and consultants in completing this assignment, REED agrees to work in close coordination with Covington, CITY staff, as w'cll as with the C11 Y's outside atlorncys and consultants In order to maximize the efficiency and v..taiily or the project dellverab,es to the CITY considering the aggressive schedule of this project, The CITY is relying upon REED to maintain open fines of i~ communication with Covington at all times in order to coordinate the work and to avoid any conflict or any unnecessary duplication of effort. During the course of this project the Cl I Y expects, and REED agrees to rerraln from, any action against any consultant 1'ro~ssl'on~>;i~Tces greemenl II Reed Consulting Group • Page 7 hired by the ri1'Y on this project which might disrupt or impair the course of the work being performed for the CITY on this project. ARTICLE XIX. SEVERAI. OBLIGATIONS Except where specifically slated in this Agrcuwcnt to be otherwise, the duties. obligations and liabilities of the parties are Intended to be several and not joint or collective. Nothing contained in this Agreement shall be construed to create an association, trust, partnership, or joint venture or Impose a trust or partnership duty, obligation, or liability on or with regard to either party. Each party shall be individually and severally liable for its own obligations under this Agreement. ARTICLE XX. MODIFICATION No waiver 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 of modification shall be offered or received in evidence in any proceeding arising between the parties hereunder, unless such waiver or modification is in writing, and duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein provided. ARTICLE XXI. ASSIGNABILIIY RELD hall not assign any interest In this Agreement and shall not transfer any interest in ti..i Agreement (whether by assignment, novation or otherwise) without the prior written consent of the CI1Y. ARTICLE: XXII. SUCCESSORS IN INTEREST 1 This Agreement and the Attachment appended hereto shall be binding on, and inure to the benefit of, each party's successors and assigns. ARTICLE XX11I. LN TIRE: AGREEMENT This Agreement and the Attachment appended hereto constitute the complete and final expression of the agreement of the parties and Is Intended as a complete and it exciuslwe statement of the terms of their agreements rind supcrsdes all prior and a (fr; contemporaneous offers. promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ro et! onn nt ee moment 12 Reed Consulting Group • Pege 9 G u F ARTICLE XXIV SEVERAB1LITl If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such an event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as passible to expressing the Intention of the stricken provision. ARTICLE XXV, GOVERNING LAW This Agreement shall be construed and interpreted according to, and the rights of the parties shall be governed by, the laws of the State of Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively in Lknton County, Texas. ARTICLE XXVI, WAIVER Any waiver at any time by either party -if its rights with respect to default under this Agreement, or with respect to a, ^ther matters arising in connections with this Agreement, shall not be deemed a wai vvith respect to any subsequent default or other matter, ARTICLE XXVIL CAPTIONS the captions of this Agreement are for informational purposes only and shall not I in and afft;i substantive terms or conditions of this Agreement. ARTICLE XXVIII TERMINATION OF AGREEMENT The Professional Services Agreement previou-,Iy entered into by the parties herclo, dated March 3, 1998 is hereby tctminaled. r~r 1 i l;ro ess ona Services Alreement Reed Consulting Group - Page 9 c i f ` IN WITNESS Y.EREOF, the City of Denton, Texas has executed this Agreement by its dulyauthodzid City Manager, and REED has executed this Agreement by and through its duly autlsorized undersigned officer on this the Fifth day of January, 1999. •i. "CITY" CITY OF DENTON, TEXAS A Texas Municipal CoTorat?on By: Michael W. Jez, C i t i y ATTEST: JENNIFER WALTERS, CITY SECRETARY By.- APPROVED AS TO LEGAL FORM: r HERBERT L. PROUTY, CITY ATTORNEY C 1 By: J 1 "REED" REEL) CONSULTING GROUP A Massachusetts Corporation By cs CER , Vice President ATTEST: By4-Prescott horne, Sr, Prof ect Manager r j ro esslona rv ca greement Reed Consulting Group • Page 10 I t ATTACIIMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN REFri t'ONSULTING GROUP AND THE CITY OF DENTON, TEXAS DATED January $9 1999 This Attachment terminates and replaces in its entirety the Attachment to Professional Services Agreement en.pred into by the parties hereto on July 24, 1996 during a previous engagement, and defines a Scope of Services and Budget for additional professional services to be performed by Reed Consulting Group ("REED") for the City of Denton ("CITY"). Scope of Work Attached is an outline of the scope of services providing for I,EED to assist the City with its generation and distribution divestiture. This scope is based upon REED's prior discussions and work with the CITY's Electric Department and RJ. Covington Consulting. REED will be working in close coordination with R.1, Covington Consulting, CITY operating personnel, other legal counsel, an environmental anditodconsultant, a labor actuary, and other support personnel as deemed necessary as the divestiture program proceeds. We expect that REED, in conjunction with other advisors to the CITY will need to make significant efforts to complete this project on schedule, Should REED believe that tasks are falling behind due to a lack of humrn resources, the Hill alert the CITY to the problem, and Rai) stands ready to step up to its commitment to the project. At the outset, REED exp:ets to provide appropriate personnel that will be working side-by-side with CITY staff to successfully complete this process. y !h S!9 lc 'The following work products and professional services are among the primary deliverables to be provided in connection with the divestiture process: I ) Detailed schedule and critical path coordination for all w.)rk tasks; 2) Document Identification, collection. and organization; 3) Management of data room and/or CD-ROM production if applicable; 4) Terms of Sale analysis and recommendations, including assistance with the preliminary Purchase and Sate Agreement and other closing documentation; S) Preparation of database of potential bidders; 6) Preparation of early interest letter and other marketing materials, including website if applicable; r r 7) Preparation of Offering Memorandum. 8) Due diligence support, including written and verbal Q&cA coordination; (f ~ 9) Preparation of siw tour protocol documents and implementation of site-tours, Annchm-- cnl loProfees oca Stn Ices Agivement Reed Consul inq Gruup • Page 1 15 e 10) Preparation of Human Resources manual and Labor Transition Plan and assistance In ( communication with employees, i i) Review of environmental documentation and recommendations for fiesenting and { conveying environmental assets and liabilities; 12) Preparation of site separation plans and documerintion as needed; 13) Marketing and negotiations with final bidders; 14) Bidder qualification and final bid review, ;~hst11t1! REED is prepared to commence work on this assignment with a target project kick-off in the month of January, 1996, Based on REED's experience in other divestitures and discussions concerning the target project schedule, REED has planned on a nine to twelve-month process from project kick-off until selection of the final bidder and initiation of the closing process. Key variables that will affect the ultimate project duration Include unforeseen legislative and regulatory action, the number of short-list bidden and the inte,.sity of their due diligence, and the project design selected for the bidding process. REED understands the potential premium associated with being one of the first sets of electric assets available for purchase in the Texas market, and the desire to respond proactively to the Co-Srrv Electric Interest in the CITY's electric system. REED will therefore make every effort to keep to the agreed schedule. Durind the kick-off phase of the assignment, REED will produce, in conjunction with the team, a detailed project schedule for its tasks. Project Team Throughout the assignment, REED will remain committed to providing the CITY with a level and quality of resources that fully meets CITY requirements, an.] that enables REED to meet the planned schedule. REED's preliminary team includes the following individuals: James M. Coyne ncipal of REED, leads the um s economic services practice, has extensive experience in strategic planning, mergers and 1 acquisitions, and financial services. Mr. Coyne has played leading roles in the Boston Edison, GPU, Bangor Hydro and Nevada Power/Sierra Pacific divestitures. resco!t C. arts omr Senior Project Manager, as s gm scant manage a experience Fn_ vvo cell-side divestiture assignments. Mr. Hartshorne has a background in corporate finance, public finance, and commercial lending, with specific In-depth experience In project finance, firancial modeling, and non-rate-regulated investments. r f Aaac mein to roF`feulon Services Agreement Reed ConsrIting Group • Page 2 16 r 1 r i Robert B. tievert ice Pres dent o ED. Mr. Hevert as extensive experience in corporate strategic planning, mergers and acquisitions, and the development of new core businesses, Sir. Hevert received an M.&A. from the University of Massachusetts and a B.S. in Business Administration from the University of Delaware. He is a Chartered Financial Analyst and a member of the Association for Investment Management and Research, the Boston Security Analyst Society, and the Planning Forum. Thomas A. Milli, Jr. ice President with REED. Previous experi ence Inc es ni advisory and other financial services to utility clients, as well as over 13 years in mergers and acquisitions and other related Investment banking positions. Michael A. Roach Senor Consu rant wxt ER ED as extens ve expe ence in supporting generation divestiture programs and analyzing and modeling electricity markets. Mr. Roach has assisted in the system separation efforts for GPU and In detailed due diligence support services for the Boston Edison and GPU divestitures. Gera B e A Senor Consultant with :EDMOn o ee or 2years, prcvWing financial, economic and technical studies for municipal and private utilities in rate design, valuations, peer reviews, and operations. Mr. Bodyl received his BBA in Finance from the University of Texas - Austin. Binh a Ass start Consu tent will REED Fu strong expe ence to document room support, leading that effort in the Bangor Hydso and Nevada Power divestitures. Andrew Greene Senor ro~ect Manager w t t REED, provides erv ronmenta , policy and technical advisory services. Mr. Greene has worked extensively on environmental and doe diligence support issues In the GPU divestiture. In addition, REED will use additional consultants to provide a,. in-depth and responsive staff for the duration of the project, Based on REED's experience elsewhere, over the course of the engagement, REED may use up to 20 REED personnel for various tasks In the assignment. " Commercial Terms and Fees Based on the scope, volume and intensity of work involved in the proposed divestiture of generation and distribution assets, the CITY agrees to pay to REED a flat monthly fee of $1$0,000 per month for the duration of this engagement. $ A Attachment to roessona serves ~reement Reed Consultin; Croup • Pape 3 17 I, `i I ` u This scope of services and fee structure is intended to provide the CITY with a comprehensive level of support and a teen of senior experienced staff throughout all stages of the proposed divestiture program. In addition to REED's ices for services, the CITY shall reimburse REED for REED's out-of! pocket expenses reasonably Incurred on the project at REED's direct cost. REED and the CITY AGREE, that all the terms, conditions, covenants and provisions of the Professional Services Agreement, dated March 3, 1998 are terminated, and are replaced by the Professional Services Agreement dated January S, 1999. This Attachment to the Professional Services Agreement, dated January S, 1999 is incorporated by reference to the Professional Services Agreement, dated January 5, 1999 as evidenced by the signatures of the parties' duly authorized signatories set forth below. Authorized by. Accepted by, CITY OF DENTON, TEXAS REED CONSULTING GROUP By: By: V Date: Date: S" 19y ATTEST: JENNIFER WALTERS, CITY SECRETARY By: Date: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: i Date: l t r ~ ~Attachment to to essona ervces t~reement Reed Consuhino Group • Pa&4 4 19 M Ageuda Nu_. Agenda Rua AGENDA INFORMATION SHEET AGENDA DATE: JanuaryS, 1999 DEPARTMENT: Electric Utility ACbis I toward Martin, Assistant City Manager for Utilities I SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R.), COVINGTON CONSULTING FOR CONSULTING SERVICES PERTAINING TO ELECTRIC RESTRUCTURING MATTERS AND THE POSSIBLE DIVESTITURE OF I'I IE CITY'S ELECTRIC GENERATION AND DISTRIBUTION ASSETS; AUTItORiZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: As the deregulation of the retail electric Industry in Texas approaches, DME staff, the Public Utility Board and the City Council continue to txamine the options available that will allow Denton to both take advantage of the potential benefits of deregulation while managing the associated additional risks. This analysis Is complicated by the significant amount of stranded investment, associatc.t with Denton's participation in TMPA, which will be created by electric deregulation. In the generation arena, the existing deregulated wholesale generation market increases the level of risk associated with participation in the generation the market. It also presents the potential for Denton to both mitigate that risk and realize some amount of financial gain from the sale or lease of its existing generation resources and site. In the distribution arena, it is of value for the City to determine the market value of its distribution assets and compare that value to the long-term value of the distribution system if It remains pan of the city utility system. The availability of that information will allow the Public Utility Board and City Council to determine the appropriate course of action regarding retention of the electric distribution system in a deregulated retail electric market. In order to maximize the value of Dentods electric utility assets, determine the actual market value of those assets, and make the appropriate decisions regarding the future of Denton in the ' e generation and distribution electric utility business, it has been determined that the best course of action is to conduct a competitive Request for Proposal. ...r! t 0 u t Ile competitive Request for Proposal process will be very complex and time consuming. Existing electric utility staff will require assistance from experts in the performance of such RFP's and experts in the Texas utility and regulatory arena. The attached contract with R.1. Covington Consulting well provide support in the area of local coordination, knowledge of Texas regulatory requirements, contract development and marketing of the assets. OPTIONS; i 1. Approve the contract as proposed. 2. Attempt to perform the RFP process with existing staff. 3. Do not offer the DME electric system for sale. ~M'COMMENDATEON: Staff recommends Option 1. There Is Insufficient staff within DME to perform the RFP process In it timely fashion. In addition, the staffs Inexperience in this area would probably result in a lower value for the assets and overlooked legal, regulatory and technical requirements. Failure to offer the assets for sale would result In Denton Ignoring a possible solution to the TMPA stranded cost problem. ESTIMATED SCHEDULE OF PROECTs Completion by the end of 1999. PRIOR ACTIONfREViEW (Council, Boards, Commlislonel; . j It was not practical for the PUB to meet prior to this council session. However, this item has been provided to the members of the Public Utility Board for their individual review and they have indicated no objections. FISCAL [NFORMATION R.I. Covington Consulting Contract not to exceed $298,100. Respectfully submitted: fr' Sharon Mays Electric Utility Director r" 2 i ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R. J. COVINGTON CONSULTING GROUP FOR CONSULTING SERVICES PERTAINING '10 ELECTRIC RESIRUCIURING MATTERS AND THE POSSIBLE DIVESTITURE OF THE CITY'S ELECTRIC GENERATION AND DISTRIBUTION ASSET'S; AUTHORIZING THE EXP17NDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to engage R. J. Covington Consulting to provide professional consulting services to the City pertaining to the electric restructuring matters and the possible divestiture of the City's electric generation and distribution assets; and WHEREAS. Chapter 2254 of the Texas Clovernmcnt Code, known as the "Professional Services Procurement Act", 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 and qualifications, and for a fair and reasonable price; and WHERFAS, the professional fees as pruvided in the Professional Senices Agrcement are fair and reasonable, considering all relevant factors. as "ell as the magnitude of the project for "hick R. J. Covington Consulting is being engaged; and said professional fees do not exceed any maximum provided by la"" for such professional ;:rvices, and W11ERFAS, the C6 Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services. as set forth In the Professional Services Agreement; NOW.1I11:11EFORE. 111r COUNC11, 01''EI Ili ('I I1' OF DI:N"I'0N 111.RPR5' ORDAINS; 'IN tiLCON : Shat the City Manager is hereby authorized to execute a Professional Services Agreement "ith R. J. C'osington Consulting for professional consulting services pertaining to electric restructuring matters and the possible divestiture of the City's electric generation and distribution assets, in substantially tl,: form of the Professional Services Agreement attached hereto and incorporated here"ith by reference, SLCIT N I That the a"ard of this Agreement is on the basis of the demonstrated competence and qualifications of R. J. Covington Consulting and the ability of R. J. Covington Consulting to perform the sen!ces needed by the City for a fair and reasonable price. SE:C'ITON If j- I hat the expenditure of funds as provided in the attached Professional 1 J ti Sen ices Agreement is hereby authorize d, SEC I IO,N 1V: That this ordinance shall become effective immediately upon its passage r and approval 3 r c~ PASSED AND APPROVED this the day of 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ©y: APPROVED AS TO LEGAL FORM: IIERUERT L. PROUTY, CITY ATTORNEY By: Ar %ftt NXorient, OwjlmvCt%911 RX011plimCrneuliinl 7S 6 tthic%l 0.171 dV - J ty + 4 ' c c; F PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RELATING TO THE DENTON SIUMCIPAL ELECTRIC UTILITY STATE Or TEXAS COUNTY OF DENTON THIS AGREEMEN'r is made and entered into as of the day of .1999. by and between the City of Denton, a Texas Municipal Corporation, with its principal office at 21 S E. McKinney Street, Denton. Denton County, Texas 76201 ("CITY") and R 1, Covington Consulting, a sole proprieta-ship, with his principal office at 13216 Research hhd., Suite :OJ, Austin. Travis Counts, Texas 78150 hereinafter ("COVINGTON")t acting herein by and through their respective duly authorized representatises, \t'I rNES5L1 H. that in cousidcration office cot enanis and agrecntents herein contained, the ell ti and COVINGTON di, hereby AGREE as follows: ARTICLE I EMPLOYMENT OF CONSUL1AN r The GtN' hereby contracts with COVINGTON. as an independent contractor, and COVINGrOX hereby agrees to perform the services herein in connection with die Scope of Scrsices as stated in the Articles to follow, with diligence and In accordance with the highest professional standards customarily obtained for such services in the state of Texas. ARTICLE II SCOPE OF SERVICES 1. Cosington shall provide to dx CITY professional consulting scnices pertaining to [Ile potential disestiture of part or all of the City's electric utility. COVINGTON shall work with City staff and prole, team mntbers in gathering information and developing o Request For Proposals (RFP) to purchase the distribution system and'or generation assets. C01'INGrON will assist In the deselopment of the Offering Memorandum. the draft Purchase Power Agreement and other necessan agreements and documents. COVINGTON will assist in the marketing of utility assets and the evaluation of proposals received in response to the RFP. Details of these and related tasks to be prodded under this Agreement nit set forth in Ta.;k Order 99•A. B. ro consult vs ith the City Manager, Assistant City SlanagerNtilitles, the Director of Electric Utilities. the City Attorney, and other designated administrative personnel regarding e all aspects of the scnices to be performed pursuant to this Agreement. r 5 1 I b ARTICLE III PERIOD OF SERVICE This Agreement shall become effective upon a%eoi.don by both the CITY and C'OVINGTON. and shall remain in force for the period n h':n may reasonably be required for the completion of the work described in Article II herein, or at such time that the total fee provided for herein shall be expended, sshichecer event shall first occur. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. COVINGTON shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the CITY, acting through its City Manager or its Director of Electric Utilities, ARTICLE IV COMPENSATION A. COMPENSAIION TERMS; "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by COVINGTON for supplies, long-distance telephone, telecnpler, reproduction expense, overnight courier, photocopy expense, transportation, travel, con,niunications, subsistence and lodging m%ay from home and similar incidental expenses reasonably incurred in connection with that assignment. 1). [TILLING AND PAYMENT: 1. For and i,i consideration of the professlona. services to be performed by COVINGTON herein, the CITY agrees to pay COVINOTON, a total fee, including reimbursement for direct non-labor expense, not to exceed Two Hundred Ninety-Eitht Thousand One HundreJ Dollars (E?98.100). 1 he fee for the services described in this Agreement to be performed by COVINGTON are to be billed at Ike rates as set forth in Exhibit A attached hereto and incorporated hercoith by reference. Milling shall be reported in minimum one-quarter (I!4) hour ircrements, 3. Payments to COVINGTON "ill be made by the CITY on the basis of detailed monthly f statcnunts rendered tc and appruted by the CITY through its City Manager or the director of LlcAric Utilities. Ilo~seser, under no circumstances shall any monthly statement for senlces exceed the value of fie uork performed at the time a statement is rendered. 4. Nothing contained in this Article shall require the CITY to pay for any work sshhch Is unsatisfactory as reasonably determined by the City Manager or the Director of Electric Utilities, or sh hlvh is not submitted in compliance with the terms of this Agreement. The City shall not Se required to make any payments to COVINGTON when COVINGTON is in default under this Agreement / S. It is specifically understood and agreed that COVINGTON shall not be authorized to # undertake any work pursuant to this Agreement which could require additional payments by the I Co Pnrl,m Pvrculonrl Sen Ices Agreemenh Page 2 6 c u CITY for any charge, expense or reimbursement above the maximum not-lo-exceed fee as stated, without first having obtained m riven authorization from the CITY. C. PAYMENT If the CITY fails to make payments due COVINGTON for services and expenses within forty five (45) days after receipt of COVINGTON'S undisputed statement thereof, the amounts due COVINGTON will be increased by the rate of one percent (M) per month from the said forty-fifth (45th) day, and in addition, COVINGTON may, after giving ten (10) days' tsritten notice to t?.e CITY, suspend services under this Agreement until COVINGTON has been paid in full all amounts due for services. expenses and charges II provided. However, nothing herein shall require the CITY to pay the late charge of one percent (1°0) set forth herein if the CITY reasonably determines that the work of COVINGTON is unsatisfactory. in accordance with this Article IV, Compensation, ARTICLE V OBSERVATION AND REVIEW Or THE WORK COVINGTON will rxercise reasonable care and due diligence in discovcrii g and pn,mptly reporting to the CITY any defects or deficiencies in his Hork or the Mork of tiny subcor sultants pcrformed hereunder. ARTICLE VI j OWNERSHIP Or DOCUMENTS All documents prepared or furnished by COVINGTON (or COVINGTON's subconsultants) pursuant to this Agreement, are instruments of service and shall become the property of the CITY upon the termination of this Agreement. COVINGTON Is entitled to retain J copies of all such documents. The documents prepared and furnished by COVINGTON are 1 intended only to be applicable to this professional engagement and CITY'S use of these , documents In other projects %hail be at CITY'S sole risk and expense. In the event the CITY uses the Agreement in anothor project or for other purposes than specified herein for any of the information or materials developed pursuant to this Agreement, COVINGTON is released from any and all liabiliq relating to its use In that project. ' ARTICLE V11 INDEPENDENT CONTRACTOR COVINGTON shall provide services to the CITY as an Independent contractor, not as an employee of the C'IFY, COVINGTON shall not lime or claim any right arising from employee status. ARTICLE VII[ INDEMNITY AGREEMENT COVINGTON shall indemnify and save and hold harmless the CITY and its officers, agents. and employees from and against any and all liability, claims, demands, damages, losses and expenses, Including but not limited to courtcosts and reasonable attomy's fees incurred by { Cukinaton P.ufe 1mg senke A preemenl Pope 3 7 t the CITY, and including ssithout limitation, damages for bodily and personal injury, death and property damage and damages for proressional malpractice resulting from at negligent acts or omissions of COVINGTON or r,;ty subconsultants, in performance of this Agreement, COVINGTON's II:Litdy under this Article VIII is expressly limited to the limi, of COVINGTON's m,urance as set forth in Article IX. 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 wake any of the party's defenses, both at few or equity, to any claim, cause of action or litigation tiled by anyone not a party to this Agreement. including the defense of gosernmemal immunity, which defenses are hereby expressly resersed. , ARTI.LE X INSURANCE During the performance of the Sett ices under this Agreement. COVINGTON shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Hest Rate Carriers of at least an "A Or abuse; 1. Cnmprrhen>i;. General Liability Insurance with bodily injury limits of not less than $500.000 for each occurrence and not less than $500,000 in the aggregate. and with property damage limits of not less than $100.000 for each occurrence, and not less than $100,000 in the aggregate, 11, Automobile Liability Insurance with bodily Injury limits of not less than $500,000 for each person and not Icss that $500,000 for each accident; and w ith property damage limits of not less than 5100.000 for each accident, C, Professional Liability Insurance with policy limits of not less than 51,000.000 annual { aggregate. , D. COVINOTON shall furnish insurance certificates or insurance policies at the CITY's request to etidence such eoternges. the insurance policies shall name the CITY as an additional insured on all such policies to the extent legally possible and shall contain a prosision that such insurance shall not be canceled or modified without thirty (30) days prior written notice to CITY and COVINGTON. In such went. COVINGTON shall, prior to the effcetise date of the change or cancellation, dclkcr substitute policies furnishing the same coverage to the CITY. ARTICLE, ARPt1RANON AND ALTERNATE Di5pu'rE RESOLUTION I'he patties agree to settle any disputes under this Agreement by submitting the dispute to urbitration or other means of alternate dispute resolution such as mediation, No Arbitration or r alternate dispute resolution arising out of or relating to, dtls Agreement Insoh ing one party's r ' disagreement may include the other party to the disagreement without the others approval. j S;: e I , r Gninpan Pn*11100e1 Senlco Apeemenl Pepe 4 g c I ARTICLE X1 TERMINATION Or AGREEMENT A. Notwithstanding any other provision of thk ,+freement, either patty may terminate this Agreement by giving thirty (30) days idva ice wrlnen notice of termination to the other party. 0. This Agreement may also be termirid 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 certified mail, retuni receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance, and not less than ten (10) business days in which to cure the failure; and (2) an opportunity for consultation ss ith the terminating party prior to termination. C. If this Agreement is terminated prior to completion of the services to be provided hereunder, COVINGTON shall immediately cease all services and shall render a Anal bill for senices to the CITY within 30 dogs after the date of Termination. The CITY shall pay COVINGTON for all services properly rendered and satisfactorily performed and for reimbursable evpcnses to termination incurred prior to the date of termination in accordance with Article IV, Compensation, Should the CITY subsequently contract with a new consultant for the continuation of sen ices on the project, COVINGTON shall em,perate in pro%Wing information. COVINGTON shall turn over all documents prepared or furnished by COVINGTON pursuant to this Agreement to the CITY on or before the date of termination, but may maintain copies of such documents for its use. MKT1Sl1 M RESPONSIBILITY rORCLAIMS A,%DLIABILITIES Approval by the CITY shall not constitute nor be deemed a release of the respunsibility and liability of COVINGTON, or any subconsultants of COVINGTON, for the accuracy and , compcteney of their cork product. ARTICLE VIII NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the address shown below, certified mail, return receipt requested unless otherwise specified herein. Mailed notices shall be sent to the panes at the follotsing addresses: To CuVINGTON: ru CITY A J, C us ington Consulting City or Denton ATTN: Richard J. Covington ATTN: Sharon Mays, Director of Electric Utilities 13276 Research Blvd. Suite 204 901•A Tetras Street / Austin. Texas 70150 Denton, Torras 76201 ' (fr s of insion PwfeSUonn1 Sett inn Aaree+nant hips 3 9 c I 1 ~t i w All notices shall be deemed effective upon receipt by the party to whom such notice is given. i ARTICLE M ENTIRE AGREEMENT This Agreement consisting of eight (g) pages constitutes the complete and 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 and agreements which may have been made in connection with the subject matter hereof. ARTICLE XV SEVEItABILITY If any provision of thls Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and Aall not cause the remainder to be invalid or unenforceable. In such event, the party shall rxdonn this Agreement to replace such stricken provision with a v.:'±a and enforceable provision which comes as clcse as possible to expressing the intention of the stricken provision. ARTICLEW COMPLIANCE WITH LAWS COVINGTON shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended, ~ ARTICLE XY11 DISCRIMINATION PROHIBITED r In performing the services required hereunder, COVINGTON shall not discrim6 ^inst any person on the basis of race, color, religion, sex. national origin or ancestry, nge, or fnysical i handicap. ARTICLE \VII PERSONNEL COV'INGTON represents that he has secured, or will secure at his own expense any additional personnel required to perform all the services required under this Agreement. Such personnel shall be subconsultants of COVINGTON, and shall not be employees or oMeen of. nor hate any contractual relsolons w ith the CITY. COVINOTON shall inform the CITY of any contlict of interest or potential conflict of Interest that may arise during the term of this J Agrecmeni. 4 ' 4 P Cu. mrtm Proremi mal ten ices Ayamem Pete 6 10 I • t f t I Ail services required hereunder gill be performed by COVINGTON' or under his supervision. All personnel engaged in work shall be qualified and shall be authorized and permitted under hate and I.aal lams to perform such stn ices, ARTICLE XIX ASSIGNABILITY i COVINGTON shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the CITY. ARTICLE XX MODIFICATION No wither of modification of this Agreement or of any covenant, condition, limitation herein contained !hail be valid unless in writing and duly executed by the party to be charged therew ith and no et idence of any waiver or Inodiflcation shall be offered or received in evidence in any proceeding arising btlwetn the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is In w riting, d-.iy e.xecutedt and, the parties further agree that the provisions of this section will not be waived unless as herein set forth, ARTICLE XVI MISCELLANEOUS A. COVINGTON agrees that CITY shall, until the expiration of three (7) years alter the final payment under this Agreement, have access to and the right to examine any directly pcrhvcnt books, documents, papers and records of COVINGTON involving transactions relating to this Agreement, COVINGTON agrees that the CITY shall have access during I normal working hours to all necessary COVINGTON facilities and shall be provided adequate and appropriate working space is order to conduct audits In compliance with this acction. The CITY shall give COVINGTON reasonable advance notice of any Intended audits. B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by, and construed In accordance with the laws of du State of texas. C. I'or the purpose of this Agreement, the key person who wili perform most of the work hereunder shall be Richard J. Covington. Noweser, nothing herein shall limit COVINGTON from using other qualified and competent members of his firm to perform the sen Ices required herein. D, COVINOION shall commence, carry on, and complete the work required by this r engagement with all applicable dispatch, in a sound, economical, efficient manner and In ' A accordance with the provlsions hereof. In accomplishing the work, COVINGTON shall take such steps as are approprlate to ensure that the work involved is properly coordinated with related wnrk being carried on by the CITY. cow imolom ProNgsionel knlm AlIft"nl PIS! 7 1 u e E. The CITY shall assist COVINGTON by placing' at COVINOi()Ns disposal all available information pertinent to the murk required by this e; liagement, Inc; iding previous reports, any other data relative to the project ,,nj arranging for the access to, and make all provisions for COVINGTON to enter ;n ra upon, publ'e and private property as required for ' COVINGTON to perform services under this Agreement. F. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of thls Agreement. I IN WITNESS WHEREOF, the City of Denton, Teaas has caused this Agreement to be executed In four original counterparts, by Its duly authorized City Manager, and COVINGTON has executed this Agreement by its duly authorized undersigned owner and proprietor on this the day of 1999. "CITY" CITY OF DENTON. TEXAS A Munic[pat Corporation BY: _ Michael W. Jet • City Manager AT T EST. JENNIFER WALTERS, CITY SECRETARY By' I APPROVED AS TO LEOAL FORM: IIERBERT L. PROUTY, CITY ATTORNEY By; , "COVINOTUN" R.J. COVIN'GTON CONSULTING By: aa. Richard). Covin n • Presid t ~lj't t; 4 Cur Wp.m Prurnound Seri leer Apvemem Pop 1 12 t I t EXHIBIT A FEES FOR SERVICES Professional Anil support services, er.ept fortestimony, shall be billed et the following rules: Executive Consultant $150.00 per hour Sr. Management Consultant S 140.00 per hour Management Consultant S 130.00 per hour Sr. Consultant $120.00 per hour Consultant 5105,00 per hour Assistant Consultant $ 9000 per hour Technical Assistant S 65,00 per hour Research Assistant S SS.00 per hour Administrative Assistant $ 45.00 per hour I The above rates shall be adjusted each year, commencing January 1, 2000, to reflect the change In rates officially established by A.J. Covinglon Consulting, Testimony, shall be billed at not less than eight hours per day. Reproduction, printing, communications, computer services, and other miscellaneous support services shall be billed at rates for such services as determined from time to time and officially established by R1 Cov inglon Consu ping. All trot el, food, lodging, and other work-related expenses, except automobile mileage, sssoclaled with the provision of senlces hereunder shall be billed at cost. Automobile mileage shall be billed at the mileage rate as published by the Internal Revenue Service from time to time, City shall pay to R.J. Covington Consulting any, applicable sales tall, if in fact there is any Isles tax fasv fully osk Ing, which arises from, and becomes due and oµ ing, regarding services performed by R J. Cuv inglon Consulting. I r , 13 r AMENDMENTTO PROFESSIONAL SERVICES AGREEMENT DATFD FEBRUARY 16,1998 PEtMEN THE CITY OF DENTON AND R.J. COVINGTON CONSULTING TASK ORDER NO. WA DISTRIBUTION AND GENERATION REP This Task Order amends Article IV, 13,1 of the Professional Services Agreement and sets forth specific services to be provided by R.J. Covington Consulting (RJC) to Ine City of Denton (City), Tasks provided for in this Amendment are for consulting services to work with the City and other Prolc ct Team members in obtaining bids for sate of the City's electric system. Separate bide will be solicited for the distribution system and the City's genetation assets. Bids will ba evaluated and presented to the City. Upon a decision by the City to sale the distribution system, the generation assets, or the total electric system, negotiations will be held with the successful bldder/bidders. RJC t% ill assist the City throughout the process, supporting and augmenting City staff and working with the City's other consultants and attorneys on specific tasks. The tasks which RJC will be Involved in are listed In the attached Scope of Services. M Scope of Services i (See Attachment A) Budget i The budget for the above scope of services for time and expenses is estimated at $21R,100. This budget will not be exceeded without prior approval of the City. RJC will IE bill monthly with supporting documentation of activities performed. EXECUTED this__day of _ 199: CITY: CONSULTANT: CITY OF DENTON, TEXAS R. J. COVINGTON CONSULTING t By: By: +~41l Michael W. Jet • City Manager Richard J. Co glon i . . I I AmehmentA CITY OF DENTON DISTRIBUTION AND GENERATION RFP TASK ORDER DEN99-A Task M Task Res Partly -..tee Dave o Pro ecl Plan A I Assist In ie ere0onofschodule REEDIRJG A 2 Identification of project team REEDIRJG A 3 Establish res nsitlities and milestones REEDIRJCICITY General Documentation B t Determine sources for various documents RJC 8 2 Work with City staff to assemble documents CITYIRJC B 3 Prepare supplemental documentation REEt)1RJC i Environmental Assessments C 1 Coordinate environmental evaluations RJC C 2 Revlow Phase I Report • lstriFwtion System REEDIRJCICITY C 3 Review Phase I Re rt-Generation REEDMCICITY C 4 Review with ro ecl team need for phase 11 Assessmants REEOlRJ CITY C S WrHeu of environmental issues for OM RE ! X Y C 6 Develop outline Identifying air quality oonslderatbns _ R CICITYIREED C 7 Review proposed changes r ardin air quality Im ac0ir ants RJCICITYIREED C 6 Review ro sed changes re ardi air uall impacting Gibb 1 Creek RJC/CITYIREED C B Provide writev of elr uali issues forOM RJClCITYIREED C 10 Review with City and Legal _ TEA EvNuallon oTWater Su I IDlechar a for Denotation Plants M 0 1 tdenti Issues related to water supply/waslawater RJ CITY I D 2 Evaluate discharge rights and ability to transfer RJGCITY 0 3 Determine rate Ci will sell water to plant RJOCITY 0 4 Determine rate City will charge for wastewater treatment RJGCITY 0 5 Develop agreement forwater &wasfewalersupply RJ CI I D a Revlow with CI and Least T :eb_Traa ms~orlatl~on . E 1 teview uall and transportation contracts RJC E 2 Identify Issues RJC E 3 Research and document transferability Ric E 4 Document as supply considerations RJC E 5 Review cool transportation issues RjVREED 6 ordinate coal pits assessment RJCIREED _E Rovlew h dio water release contracts RJ I E B Review with City and Legal T Purchased Power reement PPA F 1 va uste wwe_r rye ulremenls under different sale scenarios R F 2 Aevlew load orecas~ t R = 3 Develop pricing approaches for full and partial requirements RJ TYIREED F 4 Develop performance standards For unit contingent sales RJC F 5 Address ancillary services, control area conelderations RJC F 6 Address transmission issues related to VAMMl1.01e6 RJC 4 F 7 Evaluate TMPp sneralmn Issues RJCICITYIREED 9 Review "PPA reementandaddressIssues RJCICITY F ddress other ER IS0IPUC Issues RJ F t0 Develop ran4imaslon lnlerconnecl groemum: RJ i I r Attachrr IA CITY OF DENTON DISTRIBUTION AND GENERATION RFP TASK ORDER DEN99•A Task • Task Ru parties L® F 11 Develo schedules for PPA RJC F 12 PM are draft PPA RJC F 13 Review PPA wih City and Le al TEAM F 14 Finalize draft PPA RJC DOG Subcontrol Area 1 G 1 Review DGG relationsK with members RJClCITY G 2 List assets and costs RJC G Develo description of o rations RJC G 4 Oovelo plan regarding Garland Investment RJCICITY G 5 Review with City end Legal TEAM Develop Communications Plane H 1 Develop informational presentation • PUC RJCIREED H 2 Develo informatlonal rosenlation • Legislature RJCiREED H 3 Review with City and L al TEA Financial Issues 1 1 Evaluate issues related to ablliN t0 separate TMPA banemission In sale REEDlRJCICITY Develop Offering Memorandum OM J 1 Work with City to fill in templates For CM RJCICITY J 2 Develop description of assets REEO(RJC J 3 Prepare Inlroductionlovorvlow to process R££ !RJ J 4 Discuss projected operating statements for Gibbons Creek W J 5 Discuss CAM roeclions for Gibbons Creek RJC J 6 Descriptions of fusi supply RJCtREED J 7 Descriptions of water supply Ric J 5 Descnbe ex anelon o lunities RJC J 9 List btnefid o Spencer site RJC k J 10 Provide envlmomenta I avervlew RX)RE D J 11 Provide LegislativelPLIC(Ercol Market overview Ric J 12 Dever overvlow of plant o eration$ and DGG RJC J 13 Develo Investment h hl hq ts REEDIRJC J 14 Develo financial Information {hlslodc & projected REM AX Jv 15 Revlowwith City and Legal TEAM Purchase and Salo Agreement P S R D1RJC I 1 Conduct Terms of Sale Issue analysis K 2 Re liew TMP •s ecil1c issues CREED K 3 Review Ci •sneciric Issues RJG EED K 4 Evaluate slbon ra ardin wholesale contracts owke,.,. RJC K 5 Detailed bounds s eo .ationslma o REEDIRJC K 6 Work with G staff In develo In P scheduleo _ Ric K 7 Interconnoelion and Operation rcemenis for plants RJ REE010TY h e P6S draft review CITYIRJC K 9 Review with City and Legal _ TEA j r 16 cAtachmentA CITY OF DENTON DISTRIBUTION AND GENERATION RFP TASK ORDER DEN99•A ie q N artlee war Marketin G Sale L 1 Deve tart markel list L 2 DevelomarksUn s roach for each mite C L 3 eve a ntemst Letter REEDtRJC L 0evelo R ueft a Statement o Intent i _ REEDIRX L Develop new confidendal' s reemenl REED/RJC L 8 Review with City and Legal T L 7 Issue RFSI L 8 Publicize I L 2 Obtain 4"IMn_a rosstelindicauve blds DIRJC L 10 Evaluate usli In ealsllndkeUve bide q L 11 Select mhomIst REE L 12 0evelo final bidding Instructions RE L 1J Issue nal RFPlbld InftrucUOnf C L 14 Receive WdderV fee E L 16 Deliver o e memors um 0 Roma E C L 1 IA_gnU o ononnaP On role In msr%sUn plant EDtRJO L 1 Develop touro ict shMst R EW L 1 Site clean-up and oreoeraUon R L 7 Commence tours L 20 Final pWomals evaluated L 21 Final roeels evaluated • PIPA L 22 Final winni rossl roself announced L AN ovations L 24 Finalize PPA RJC/CITY letl J M 1 Final d Qua dN enee REED?JC 1 M 2 R srs neceua documentaW M 7 Closino OIRJ Coordlnstlonl ministration N t Cooarialomcuvluoibet-*-O-o-n-Eity,-OoiettMPXCiUos.TMPA I N Coordinate acUvlUef Detwesn de momenta w thin AMTY N 3 mmunlcmtlonf between ill Board, icy pr 8 unto N f Adminietrftlon of budgets, ersonnet and Outm conmvitants I t j 17 4 f I i 1 7.W_..1 AGENDA INFORMATION SHEET AGENDA DAI F,: JanuaryS,1999 i DEPARTMENT: Electric Utility ACM; Howard Martin, Assistant City Manager for Utilities W" SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTI IORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER THREE TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES WITH R. J. COVINGTON CONSULTING RELATING TO THE DENTON MUNICIPAL. ELECTRIC UTILITY, DATED FEBRUARY 16,1998; PROVIDING FOR ADDITIONAL PROFESSIONAL SERVICES TO BE PERFORMED RELATED TO ELECTRIC RESTRUCTURING AND REGULATORY SIATITRS, BY ADDING TASK ORDER 98•E; AUTHORIZING T [IF EXPENDITURE OF ADDITIONAL, FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUM For the past ttvo )ears, it has been the practice of Denton Municipal Electric to maintain a daily scmices contract with R.1. Covington, initially as an employee of Resource Management Intemalional follotsed by contracting with his independent consulting firm, Under these contracts, Mr. Covington has provided support and expertise In areas such as; I r Oct clopmeni of strategic options i Research related to competition racing I)MV. i Draping of contracts and agreements i Assisting in model development i lkvelopment of RF'P for distribution valuation study i Technical support far state legislative elTorts i Research Into the history' of the creation of I1t1PA and the construction of Gibbons Creek and preparing a Hhlie paper supporting those actions. i Review and analysis of I NIPA financial records r Various daily consulting, services as assigned, such as: + Research competitor distribution costs + Development of possible Interruptible r.le for customers with standby generation and development of operating agreement + Rcview of cogeneration proposal submitted to TWU { J , + Rcview of proposed I WU demand side management program. + Technical support for legislative representative, + Review of consumption data for large customers, 1 The existing DME staff is unable to perform these types of tasks either because of workload, lack of expertise, or lack of modeling software that is too expensive to purchase Internally for the limited amount of use It would receive. In addition, Mr. Covington's location In Austin provides a cost effective way to access data located in Austin, such as PUC records, and provides him access to information sources not available to staff located in Denton. The Denton and Garland staff often coordinate tasks performed by Mr. Covington for both electric utilities and share costs. OPTIONS: Do not provide support for the areas listed. RECOMMENDATION, Staff recommends approval of the attached new Task Order 98-E Task Order 98-E would continue to provide staff with necessary support for dealing with various resource and competitive related areas of daily operation. PRIOR ACTIOVREVIEW (COunell. Boards. Commission The Public Utility board recommended approval of Tmk Order 98-E at its meeting on December 21, 1998 with a vote of 4-0 % ith one member absent. FISCAL INFORMATION Task Order 98-E is not to exceed $47,000 Respectfully submitted: i ' tiff ~~us Sher n Mays Electric Utility Director t 2 t c f is lU tkxuwcid, Ord in aiuc4 YA Anundniem03 al L iw inptonl un,ulnng dim ORDINANC'ENO, AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER TIIREE TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES WIT11 R1 COMMON CONSULTING RELATING TO THE DEN TON MUNICIPAL ELECTRIC UTILITY, DATED FEBRUARY 16,1998; PROVIDING FOR ADDITIONAL PROFESSIONAL. SERVICES TO BE PERFORMED RELATED TO ELECTRIC RESTRUCTURINO AND REGULATORY NIATTF.RS, BY ADDING TASK ORDER NO. 98-E; AUTHORIZING THE EXPENDITURE OF ADDITTONAL FUNDS THEREFOR; AND PROVIDING AN EFF'ECT'IVE DATE. WHEREAS, on the le day of February, 1998 thi City entered into a "Professional I Services Agreement For Consulting Sen'ices Relating To The Denton Municipal Electric Utility" ("Agreement") with R.J. Covington Consulting ("Covington"); on the 280i day of April, 1998, the City and Covington entcrnvl into a First Amendment to said Agreement; on the 41A day of August, 1998, the City and Covington entered into a Second Amendment to said Agreement; in all three of %khlch Agreements, Covington agreed to perform professional consulting services pertaining to electric utility restructuring and state regulatory matters impacting upon Denton Municipal Electric; and MWREAS, several events have occurred since the Second Amendment to the Agreement was entered into, which impact upon the position of the City's Municipal Electric Utility as it approaches the upcoming Texas Legisiative Session, and several pending projects before the Public Utilities Commission of Texas, which urgently require that Denton obtain additional demonstrated competent and qual fled professional and consulting services In order to properly prepare, communicate, and protect its position and advance its interests; and WHEREAS, Task Order No. 98-F shall be added by the Third Amended Agreement. to include six areas stihere the City needs professional consulting sen'ices Incident to proper evaluation. planning, and related services Incident to competitive Issues, the opetation of, and possible divestiture of the Denton Municipal Electric system; which amendment provides that the City shall pay additional compensation to Covington attributable to task Order No. 98•E, not to ctcccd S 47,000 for professional fees and expenses; and 14'IIF.RI'.AS, the City Council deems it in the public interest to engage Covington to provide the additional professional consulting services to the City and to accordingly enter into a 'Third Amended Agreement pros iding for Bald servlcca; NOW THEREFOR, TTIE C'OUNC'IL OF TIIF Cl TY OF DENTON IIERELIY ORDAINS: r~ SECTC L];-' That the City Slanager is hereby authorized to execute the Third Amendment To Professional Services Agreement For Consulting Services Relating To The Denton Municipal I:Icct:1C Utility (the "Third Amended Agreement") with RJ. Covington C'.tnsulting for the provision of additional professional consulting services respecting the above. I 3 1 b U S d)ur D mumcmJ(xJinnnccs 98S4nxmdm n)x) N C os in84m C'unsullint dw 1 4 described activities pertaining to Denton Municipal Electric, in substantially the form of the Third Amended Agreement attached hereto and incorporated herewith by reference. s SECTION IL Tnat the award of this Third Amended Agreement is on the basis of the demonstrated competence and qualifications of R.1. Covington Consulting and the ability of R. 1. Covington Consulting to perform tha services needed by the City for a fair and reasunable price, SECTION 111: That the expenditure of funds as provided in the attached Third Amended Agreement is hereby authorized. EV,1IQIKIV: 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;- _ _ I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CITY ATTORNEY t) 4 M r STATE OF TEXAS ¢ COUNTY OF DENTON ¢ ate.,. THIRD AMLNDMENFTOPROFESSIONAL SERVICES a3. I&OPEEMENT FOP, CONSULTINO SERVICES RELATING TU DENTON MUNICIPAL ELECTRIC THIS THIRD AMENDMENT, to the Professional Services Agreement For Consulting Services Relating To The Denton Municipal Electric Utility, entered Into on the 166 day of Februwy,1998, by and between ILL Covington Consulting, a sole proprietorship, with its Principal offices at 13276 Research Boulevard, Suite 204, Austin, Texas 78750 ("Covington"k end the City of Denton, Texas, n Texas Municipal Corporation, with its principal offices at 215 E. McKinney, Denton, Texas 7 620 1 ("City") for professional and related consulting services provided to the City, which Agreement Is hereinafter referred to as the "Base Agreement"; said Base Agreement was heretofore emended by First Amendment, entered into on the 286 day of April, 1998, by and between Covington and the City, which Agreement Is hereinafter referred to as the "Fine Amended AMrrent"; said Base Agreement was also heretofore amended by Second Amendment, entered Into on the fourth day of August, 1998, by end between Covington end the City, which Agreement Is hereinafter referred to as the "Second Amended Aaoement." In consideration of the mutual promises of the panics, the terms and conditions set forth herein, and for other good and valuable considerations expressed herein, the parties hereby AGREE to amend the said Base Agreement, the First Amended Agreement, and the Second Amended Agreement as follow: That Ankle It. "Scope of Services" of the Base Agreement, the First Aiended Agreement, and the Second Amended AgNtment is hereby am,.nded by adding the following additional provision: 111. Covirgton shell provide to the City those services set froth in the First Amended Task Order No. 98-D (Tasks A B,C,D,E,F, end 0.). 11.F, Covington shall provide to the City those services set forth In an additional Task Order, Task Order 98-E (Tasks A,B,C,D,E and F). IL That Ankle Ill. "Period of Service" of the Base Agreement, the First Amended Agreement and the Second Amended Agreement Is hereby amended by adding the following additional provblon: As to the period of service respecting the completion of all Task Or iers 98-A B,C,DAnd E, the term of this Agreement shall expire when all services provided for in sold Trott Orden are completed, or upon the depletion of the budget provided for under said Agreements. thud Mrn6neri To Pm*uk"W Savka • hp 1 5 k 0 IIL That Artick IV. B.1, "Compensation/Billing a% Payment" of the Base Agreement, the Fiat Amended Agreemen and the Se rnd Amended Agreement Is hereby amended by adding the following additional provision: With respect to the additional professional services to be performed by Covington Pursuant to Task Order 98-E, the City agrees to pay Covington, a Ruther professional fee, j including reimbursement for direct non-labor expense, not to exceed $47,000. IV. That Article XIV. "Entire Agreement" of the Base Agreement, the first Amended Agreement, and the Second Amended Agreement is hereby amended to replace the entire paragraph contained in Ankle XfV. With the following language, to wit This Agreement crroisting of nine (9) pages, plus Exhibit "A" (Fees For Services); Task Order No. 99.8, Task Order No. 9&C, Task Order No. 98-1), First Amended Task Uder 98-1), and Task Order 98-E; which Exhibit "A" and Task Orders are Incorporated by reference herewith. constitutes the complete and final expresion of the Agreement of the parties and Is intenrkd as a complete and exclusive statement of the temu of thew Agreement and supooki all prat contemporaneous offers, promises, representations, negotiations, discussions, cemmunicatim and agreements which may have been made in connection with the subject matter hereof, V. IN %MESS WHEREOF, the City of Denton, Texas has caused this Third Attended Agreement to be executed in four original counterparts, by its duly-authorized City Manager, and Covington has executed this Agreement by its duly-authorized Owner and proprieW on this the day of ,1999. "CITY" CITY OF DEMON, TEXAS BY: _ Michael W. fez, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY BY; i APPROVED AS TO LEGAL FORM; HERBERTI PROUTY,CJTY ATTORNEY BY:~ J r% T1W Am*" To Aafw" Savion - Prrr 1 6 r c~ I ik "Crnington" RJ. COVINGTON CONSULTINO BY Ai tv es Ric ani 3. Cov . Pres i. ATTEST; BY: j I ThirQMCnSrKrt Fo PmR~luni Sarloef • Ppe 7 7 c i t I k AMENDMFNT TO PROFESSIONAL SERVICES AGRI EMENT DATED FEBRUARY 1!,1998 BETIVEE'N THE CITY Gr DENTON AND R.J. COVINGT N CONSULTING TASK ORDER NO. 98-E CONSULTING SERVICES i This Task Order amends Article IV, B,1 of the Professional Services Agreement and sets forth specific services to be provided by R.J. Covington Consulting (RJC) to the City of Denton (City). Tasks provided for in this Amendment may include thr following activities: 1.) Research of Competitive Issues Facing City 2.) Assistance With Analysis Of Customer Specific Questions 3.) Assistance in Evaluation of Strategic Options 4.) Assistance in Evaluation of and Devplopmentof Contracts and Agreements 5.) Support of Distribution, Transmission and Generation Planning 6,) Other Services as Directed by City All specific activities performed by RJC under this Task Order will be at the direction of the Direct +r of Flectric Utilities. Scope of Services Task A Research of Competitive Issues Facing City RJC will gather and review data on competitors and on competitive issues that affect City. this will incIuded data from the PUG ERCOT, and other industry sources, Information may be obtained as part of RJCs on-going activities in the market place, or research of particular issues as requested by staff. Activities can include: 1. Maintaining copy of competitors tariffs. 2. Monitoring of competitor filings at PUC. 1 Monitoring of power costs in North Texas. 4. Monitoring of new generating plants proposed In North Texas. 5. Review and monitoring of transmission constraints affecting North Texas. 6. Researching competitive issues as directed. Task B Assistance With Analysts Of Customer Specifics uesllons k, - RJC will work with City to evaluate questions which arise in serving City's customers, Such questions may include: 1 8 t t Task Order No. 98•E F 1. Interconnect questions for on-site generation. 2. Buy-back rates from customer owned generation. 3. Development of interruptible options for customers. 4. Development of switch-over policy. S, Evaluation of conjunctive billing. 6. Other issues as requested by staff. Task C Assistance in Evaluation of Strategic Options RJC will work with City staff In evale sting and developing options for services to lower costs, enhance revenues and help protect against lost of customers to competition. Such activities may include: l 1. Evaluate new services to be offered to distribution customers to provide new j sources of revenues for City. 2. Identify partneringopportunities to increase revenues. 3. Evaluate load management rptiorm Task D As■istance in Evaluation of and Development of Contracts and Agreements RJC will provide assistance as requested for the development of and evaluation of agreements and contracts between the City and: 1. DMEU customers 2, Other utilities 3. Control areas ,ti. Other Agreements as necessary to doing business in ERCOT. Task E up~aA In Distribution Transmission and Generation Plannin¢ RJC will provide assistance to staff as needed to model, evaluate and plan for the electric system Such activities may include: 1. Evaluation of transmission costs from alternative resourc,.s. 2. Review of forecast for system and substations. 3. Evaluate transmission and distribution facilities for upgrades and replacoments. 4. Provide assistance in filing annual planned service application wii!, xfiCOT. Y c Task Order No, WE ii Task F Other Services ar Directed by City RJC w; li provide continued consulting services as specified in Article 11- Scope of Services, ` in the Professionrl Services Agreement, As stated in Article 11, such services are as follows: i "A. Covington shall provide to the CITY professional services and tmcs Ical support, upon City's request, which shall relate to PUC and Texas legislative activities relating thereto, including without limitation, power marketing issues, stranded cost issues, participation and review of the Excess Cost Over Market ECOM") model, pricing issues, TMPA issues, and divestiture Issues." "H. To consult with the City Manager, Assistant City Manager/Utilides,the Director of Electric Utilities, the City Attorney, and other designated administrative personnel regarding any and all aspects of the services to be performed pursuant to this Agreement" 1 Budget The budget for the above scope of services for time and expenses is estimated at $47,006. 1 This budget will not be exceeded without prior approval of the City. RJC will bill monthly with supporting documentation of activities performed. EXECUTED this-___day of ,199: CITY: CONSULTAN"f: CITY OF DENTON, TEXAS R.). COv1NGCON CONSULTING By: By, Michael w. Jez • City Manager Richard J. Cov ton { 10 t C I Agenda No _gQ agenda Item s AGENDA INFORMATION SHEET I'Ie --«`9-/--• AGENDA DATE: January 5,1999 DEPARTMENT: Engineering & Transportation CMIDCMIACM: Rick Svehia, Deputy City Manager SUBJECT, CONSIDER AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A 0.5493 ACRE TRACT OF LAND CONSTITUTING A PORTION OF THE PUBLIC STREET RIGHT- OF-WAY LOCATED GENERALLY WITHIN WEST PRAIRIE STREET BETWEEN BONNIE BRAE STREET AND THE FRONTAGE ROAD FOR INTERSTATE HIGHWAY 35; PROVIDING A RESERVATION WITHIN SUCH ACREAGE OF A PUBLIC UTILITY EASEMENT PURPOSES; PROVIDING FOR THE EXECUTION OF A QUIT-CLAIM DEED TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE PORTION OF THE PUBLIC RIGHT-OF-WAY BEING ABANDONED AND PROVIDING AN EFFFrTIVE DATE. BACKGROUND: The Texas Department of Transportation has petitioned the City of Denton for abandonment. i Tx..D.O.T. owns the parcels adjacent to subject abandonment tract. There are existing utilities in place. TX.D.O.T. intends to incorporate this s:ction of west Prairie Street into the overall expansion plans and site design. Tx,D.O.T. and ar apartment complex to the west are the primary users or the street. Closure would not have r a adverse effect 10 the apartments because access would still exist by way of the Interstate 35 service road. In fact, Tx,D.O.T, officials have indicated that some apartment residents short cut the wrong way on the north bound service road back to West Prairie Street when leaving the apartments. This street closure would mitigate this dangerous activity, This action would effectively extinguish the existence of West Prairie Street, west of Bonnie Brae Street. This would mean that the existing addresses of the Prairie Hollow Apartments would be changed to reflect an Interstate 35 location. This address change could be phased-in over a specified time in order to minimize the impact on the residents. Also, from a pure location perspective, the new Interstate 35 address is more logical since the complex has sole access on the service road. From a marketing perspective, the Interstate 35 address has a higher p.ofile than West Prairie Street and is typically pursued by entities along the corridor. REECONIMENDATIQN: Staff endorses the proposed street closure and abandonmerd contingent upon reserving a public utility casement within the boundaries of the existing West Prairie Streel right-of-way. PR ACTION/REVIFN' (Council Boards Commisslonsl Approved by Planning & Zoning Commission on October 28, 1998. 0 FISCAL INFORMATION None i pUr Attached Respectfully submitted: Jerrf k, bi ector Prepar by; Engi eermg & Transportation Paul Wil Lamson, Right-of-Way Agent I j r ! J;-t e, I c. OAK ST. OAK ST. HICKORY ST. ~ TELLA ~D ~ :]Ell W ~s o acs SITE a WEST PRAIRIE a r ' r' .c RO 0,0 PIN J R P~~P O ° N 3 1 z. I i % Q\~ / / I Lam--; -J. lu~~osO•t SH. rI or L \X 00 r, II I Ij1 1 j 1 till ~i //wow I ~ f• , 1 r 1 ~I~I' _s_«_ _i rrw^ti f 1 N' i 1111,11 i I ' it Q ~ r ~1 Yltl KW I it !r, r I~ 4 STATE OF TEXAS AP PHASE I I SE i f I I I x VOL. 382 PG. 598 m r I I . 1~ 1 y S 1 I,~, 1 17.034 ACRES w_ `gym s~, !ai f I I~ I I y D. R. D. C. T. ` z: t~ jtit f ~ ' I ~r Mltl RUN ' I ARCA Fog I11 APAR r►ENTS ~ ~ I I 1 I ~I P~toPOSi~ ~LoSeaRE I I .i.J r I tit F;dlpt A6Anlfl 5;mlLvrtg~r MEN fuss'AoSES . . WEST PRAIR t....... t.~ l fti 1101, 1 o lit" ,a 1 G■l I r ~ y- . ►-E / SOMA[ BRA[ ►OINT tai i 4~ • •S; 41. f . ►1A! qt. PAL 1•t•+. I ~ C p 3 :.a, co f" t. rug 0 10 \ 1 L~lii E. PUCHALSK I SURVEY ABSTRACT No. 996 mi=~ t i Nennig and Zang Commission Minutes October 20. 190 rage 2 re 4 D f~i jf,; d~n48 F T Mr. Moreno: SecondI~~IO Commissioner Engelbrecht: Any other g1mlions or discussion on the motion? AA In favor, please miss your right hand; motion carries unanimously. (5 - 0) Mr. Rishal: Mr. Chairman, I'd Ike to move d we recommend to the City Council that @ public naaaiy exists and find that a public welfare and conveniana requires the taking and acquiring of a drainage easement tract of 0368 aces of lend In the Hiram Cisco Survey, Abstract 1154, Mr. Moreno: Second, Commissioner Engelbrechl: Any other questions or discussion on the motion? AA In favor, please rake your right hand; motion carries unaninwsly IS - 0) ITEMS FOR INOMDUAL CONSIDERATION 14. Constder making a recommendation to the City Council regarding the street closure and abandonment of West Prairie !!rest from Ili Bros Street to Inloi 31, service road. (David Salmon) Commissioner Erngel6recht Fourteen-Items for IndivWual Conek$wwt on. Mr, Salmon has oleo been welling this evening. Consider making a recommendation to the City Counoll regarding the street downs and abandonment of West Prokle Street from Bonnie Bees to Interstate 55 service road. Mr. David Salmon presented the staff report. Mr. Salmon: As you said. I'm akvsys giving away right-d-way and casements, and I guess tonight's no exception. TxWT, Texas Deportment of Trsnsportatan. has petitioned the CAy to do away with a section of Weat Prairie Street botween Bonnie Brae and the 14% service road. H you're femMor with that area, thafa wirers dwir local of Is. At ore time, there was an apartment complex across the street that burned down and "in there are the MA Run apartments right here on thIs bend on the service road. This gives a sortie bit closer picture of wi we're WkkV about, Just a few things I wanted to mention. THs Sam went to the TraffrC Safety Commission, and then was a positive recommendation from that board. This has been to the Development Revew Committee. Than was a positive recommendation from the Development Review Committee. One Rem that we did have a little bA of discussion about was some fire access and safely Muse with regard to dine location of some fire hydrants and access into this property. We feel that that v1A be adequately addressed. TxOOT Is proposing to buPA some new bu96ngs and tear down some of their old ones, and they own the property now on both aides of the street. We feat that hnwe Issues an be adequately addressed when they Mld their new buldings, and we'A work with them on their eye circulation and Fro hydfsnl placement, sic Ike we would any development. So, we think those Issues wnll be resolved who, they actually come In with their plans We would Ike to retain this area as a utility easemem bsause we do We existing utilities In A. Staff thinks that, actually, k could decrease one problem that we are having currently with the residents of MA Run apartments oxAlg arnd going the wrong way on the service road for the what distance to get over to Went Prairie Street. That'A elminste that problem. Other than Nut, I don't think there on any other issues, Staff is recommending this, and I'll be Clod to answer any questions you might haw. Ms. Gourdie How do the apertmem people get to their apartment? Mr. Salmon: Currently, you an got there from Prairie Street, er you an exit Basile Brae off of 35 ant coma In on j the service read. Whet we would anticipate Is Dist A you're caning down Bwnk Brae, you have to just roared the block and come dawn the service road k's about a block further then A would be otherwise Mr. Risher: And that's a one-way rood-right? Mr. Salmon: Yes--one-way service road. k Ms. Gourdia. And so, to gel to where they need to go. They're gong to have to head north up to Oak Street? to that how that work a? Mr. Salmon And that's the way they realty should be doing anyway. S c~ c; f ftinkp and ZaAng Commission Minutes October as. low IN Page 3 or Ms GouMie: Okay. Commissbrwr Engebrecht Wdh Mr. Powell in mind, I ask you M question. Generally, when we have an abandonment, we are adding the property to Cu tau rob, usually because ws'ro... and M this case, we would not.... Mr. Sermon: We TxDOT. Yes. Commissioner 6mogellbrecht So, we would rat be Irnoreakg property on the tau room. Mr. Saimm Tha's owed. I Ms. GourdW How does the properly oomplex-hin-v they been notified about this? M they-see any concerns for their properly being Impacted from lbsuO") traffic? Mr. RIshek I think-4 what you wed a telling me boot" they were gokg back on West Prairie, they won -at was an Illegal run anyway. Is that right? Mr. Sermon: Then' a correct it was an Ikgot Iraffie maneuver. Yes. As a matte of fact we did speck-I didn't personal--Mt our rigMof•way agent spoke with management at the apartment owgku; and of owes, they, you know. obviously May were somewhat dleeppolded becauoo they do haw to round the bock to get to Owk **@no@. I mean, It" were the ones that sod of admitted themeafvas that they used the wrong way M" servioe road, and. you know, so ahhagh they're rat happy about bekq able to 0o t M anymore. they really shouldn't haw been doing that anyway. That war really their only Morn was Mal it does make them hew to crow am extra block or so to get to their apartments, 8 "'me toning down Bonnle IAae. Mr. RIshel. Is MIs gokg to make it harder for them to market Mahe product do you think? Mr. Salmon: I, well, I mean, any time you reduce access, I suppose that would hew some ofhd. I don't know how massuroble that would be In this axe. It's my guess, well, mat ce the reoldenh In the MM Run spanlments are UHT students. I Imagine that but the fed that they're In reWivey cwt p(o4nly to the unNw*, you know, makes a pretty popular place anyway. I donl think o'e going to cause them any rsN made" headaches. Mr. Rishei: Just to make a pokd-UNT sludemts have rights, too. I want to moke ore we're door on that Mr. Salmon: Wall, what I mNnt was not that they doml hive any kssa rights; l's )uat gut marketing Isn't necessarly, as much of an Issue because MayYe got sort of a coplhre sudienos. I main, se I was WMng N terms of the apartment complex and their marketing, I don's think No Is going to ~ that because of Melr clientele. They already hew people that Iva there, and k's In an sres where there's not a problem with ran" prop". Commissioner Engelbraft If we're giving TxOOT this little piece of rood, do you think that'l encourage Cum to move any quicker on 380? Mr. Salmon: Yea; I'm sun. Mr. Svehlo I think they will get a better buiklirg then the one they've got there now. Mr. Satnw h'1 ee,lrlny lock n cer, Mr. Rishol. That shoukd be stipulated. Commissioner Ergebrecht: Would our landscape ordinance app- to their.... Mr. Svehle: No, air. r r k. Mr Rlshei: Yes Fat chance r; Mr. SvehIs: there's a h erarchy M governmenlei.,., Commisibur Engelbrechl, l understand, 6 If M c, I Piwrtg and Za ft Corruvktbn MkaAn Oolckm 28, 490 Pa0e <d1 Mr. RWW: We one more of Bloc non-taxable entitles that wk haw In our oommunky. Ms. Gourdb: We couH only say we mmurrtpe ion'! two something that was wrilNn in two that says we ancounpa say and pavemewd agencies to oom*? Mr. Svehie: We will remind Own of ft state right•d•wey. Ms. Gourdie: Okay. j CommksWwr Enpsbncht They haw that yard out then-trucks and at tot Mr. Mahal: And A N on one of our entry rays. Ms. Gourd'»: Yes; it k. Mr. R»hel: I mean, "'a on importerd vbuol ror us as a commur y, so I Mink we need to and Mom writan notice. Ms. Gourdis: We're not g«ng to pet our bop. Were not goN to pet enytNng it we kap taking No way, you guys. Mr. Donaldson: Thera right We on the record. Commkskwwr Engebncht: We a bv* yard. Mr. Rkhel: They may rant to relocate in Krum or someMklp. CommNtiorwr Enge bro t No; twy'A bull the bop in Krum, Any When *watbr,a kr tto" Is two onyokv present vAo would Ake to folk to We ke,ro? Mr. Bucek: Coo you aN pot a fire buck In Owe. Y you need too UnldenU}kd: Yes, sir. Commksbner Emgetbrocht Appears to be no oMa questions for W. Amy comments or a motion? Mr. ROW: I'll motion, I now that we recommend to the CAy Council approval of the closure and alw v$omrr A of the West Prairie Street genuaky from Bork Brae Street werell to the InWsWo 26 service mad cofterd upon raervIN a puWk ub* easement wilhln. Mr. Marano: Sound. Commissioner Enge brocht There's been a motikn end second. Any discusabn on the motion? AN in lever, pleas retie your right hand. Motion earrke unenOXK*. (1- 0) Pi21Q2e9AMINUTEt1-ExaryMdpenrt.lt dw / I ~ IJMMmpTLtll Or u~wrM,w~wl-••.••_, y Y, ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE A13ANDONMENT OF A 0.5493 ACRE TRACT OF LAND CONSTITUTING A PORTION OF THE PUBLIC STREET RIGHT-OF-WAY LOCATED GENERALLY WITHIN WEST PRAIRIE STREET BETWEEN BONNIE BRAE STREET AND THE FRONTAGE ROAD FOR INTERSTATE HIGHWAY 35; PROVIDING A RESERVATION WITHIN SUCH ACREAGE OF A PUBLIC UTILITY EASEMENT PURPOSES; PROVIDING FOR THE EXECUTION OF A QUIT-CLAIM DEED TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE PORTION OF TI;E PUBLIC RIGHT-OF-WAY BEING ABANDONED AND PROVIDING AN EFFECTIVE DA','E, WHEREAS, the City of Denton has received a request from the Texas Department of Transportation for abandonment of a 0.5493 acre of land constituting public street right-of-way located between two tracts of land owned by the State of Texas; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonments and recommended approval; and WHEREAS, the Council of the City of Denton, Texas has determined that the street right-of-way described in Exhibit "A" is no longer needed for public street purposes; and WHEREAS, that the process for determining the fair market vahae of that portion of the public street right-of-way being abandoned, as applicable, pursuant to Suction 272,001 of the Texas Local e' ~emment Cade relating to the conveyance of easements to abutting properly owners who o•A,t the underlying fee simple, sha' be followed in effectuating this abandonr a:t; NOW, THERFORE, THE COUNCIL OF THE CITY OF DENY ON HEREBY ORDAINS: SECTION L That the 0,5493 acre of land constituting public street right-of-way as described in Exhibit "A", which is attached hereto and made a part hereof for all purposes, and commonly known as that portion of West Prairie Street between Bonnie Brae Street and the frontage road of Interstate Highway 35, is hereby permanently vacated and abandoned as a public street, provided, however, that there is hereby expressly reserved and excepted from vacation and abandonment a public utility easement in said 0.5493 acres. SECTION 11. That by reason of such vacation, the City of Denton's property Interest in .he vacated portion of said public street right-of-way sha' , by operation of law, revert to the owner or owners abutting the street right-of-way easement herein abandoned, and the City of Denton relea;es any and all claims to the use of the vaca!c,6 lwrtion of said property for public street purpos T i a: f ' .FIr oN lli. That the City Manager, in behalf of the City of Denton, is hereby authorized to execute a quit-claim deed conveying the City interests in the public street tight-of- way not bereinabove reserved for public utility easement purposes to the Texas Department of Transportation. cF.CjjQN IV, That this ordinance rhall become effective immediately upon its passage and approval, PASSED AND APPROVED this the _ day of 1999. I JACK MILLER, M.1YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: { APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CI fY ATTORNEY BY• w ryw.eaaraae+++.w..~wta..r..sr MaE1 9 I t "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated In the City and County of Denton, State of Texas in the E. Puchalski Survey, Abstract Number 996 and being part of a tract conveyed to the City of Denton by deed from M.F.M. Combination Saw and Machinery Company and W.C Potter and wife, Maydell Wallace Potter recorded In Volume 350, Page 147 of the Deed Records of Denton County, Texas and being more particularly described as follows: COMMENCING at the northeast corner of a tract 2,2408 acre tract I conveyed to the State of Texas by deed recorded as Clerk's File Number k 97-R0005444 in the Real property Records of Denton County, Texas, said point being the intersection of the southern right-of-way line of West Prairie Street and the western right-of•way line of Bonnie Brae Street (formerly Avenue 1); THENCE South 89° 47'45' West along the north line of said State of Texas tract and the south right-of-way line of West Prairie Street a distance of 25.00 feet to the POINT OF BEGINNING; THENCE South 89" 47' 45" West continuing along the north line of said State of Texas tract and the south right-of-way line of West Prairie Street a distance of 398.80 feet to a point for corner; THENCE North 00" 12' 15" West a distance of 60.00 feet to a point for corner, said point lying on the north right-of--way line of West Prairie Street and the south line of a 7.034 acre tract conveyed to the State of Texas by deed recorded In Volume 382, Page S98 of the Deed Records of Denton County, Texas; THENCE North 89° 47' 45" East along said lines a distance of 398.80 feet to a point for corner; THENCE South 00° 12' 15" East a distance of 60 feet to the POINT OF , BEGINNING, and containing 0.5493 acre of land. r { l if JJ IISIl49! I 1 10 I I n . Asq'Ids No Agenia Item K. AGENDA INFORMATION SHEET Oale___~, J AGENDA DATE: January 5,1999 UEPARTMFNT: Enginetring & Transportation CMIDCM/ACM: Rick Svehla, Deputy City Alanoger i SUBJECTr CONSIDER AN ORDINANCE APPROVING THE REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND BARBARA KAYE WrHITSON, INDIVIDUALLY, AND AS INDEPENDENT EXECUTRIX OF THE ESTATE: OF CORINE A. DOAKES AND ADA LUCILE LOWE (FORMERLY ADA LUCILE WILSON), RELATING TO THE PURCHASE OF 0.1545 ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE PFC-4 TRIBUTARY OF PECAN CREEK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. RMAD ROUN D: The City of Denton is proposing to purchase this tract in conjunction with the current PEC•4 Tributary Drainage Improvement Project. This tract is needed for widening and improvements to the existing channel. The Right-of-Way Division initiated an exhaustive effort to locate the heirs earli:r this year in order to reconcile this tract, Corine Doakes passed away several years ago and left the property to two of her grand-dac,ghters. 9 hey both reside out of state and were not in immediate contact with the rest of the family, estranged relationships. Other relatives were occupying the structure on the lot until it burned a few years ago. The City of Denton had the tot cleared on the premise of public health and safety shortly after the fire. No taxes have lien paid on the property since the death of Mrs. Doakes. When it was determined that the property could be considered abandoned, we resolved to obtain the tract through a tax sale and move forward with the project. In November of 1995, both of the heirs contacted me on separate occasions asking about the disposition of the lot. They had learned about the drainage project a hand from local sources. It was not until this time that wo had the opportunity to have dialogue with the heirs and close this issue through customary negotiation. RECOMMENDATION, Staff recommends approval, This transaction will streamline the acquisition process to obtain this tract. PRIOR AC't IONIREVIFW (Council Boards Commisslonsl Approved by Planning & Zoning Commission on May A 1998, FISCAL INFORMATION 56,815,'"' plus closing costs of approximately S500,'° 1 ,r, MJLMJL~ r c 1 dAE Attached Respectfully submitted: i k lark, rector Prep d by Engineering & Transportation Paul Williamson, Right-of-Way Agent i I~ MCKINNEY OAK IF]U 0 ❑a , HICKORY oaaoW cz m SYCAMORE °z F7 E. PR,'dRE O W ~ a x SITE Y 6 a N m 1 ~n r c w a m u 0 WILSON ~ 3 ROeFRT z SON to Q 3 MORSE RUTH S kfR~ fY OQ~Cq A SMITH t d j O SHADY 3 w w w ` • I I c- i V MINUTES PLANNING AND ZONING COMMISSION May 27, 199! The regular meeting of the Planning and Zoning Commloslon of the City of Denton, TeW vas held on Wednesday. May 27, 1998, et 5:30 p.m. In the City Council Chambers a1 City Hall, 215 E. McK.vrey, Drn,ton, Texas. Members Present: Susan Apple. Bub Powell, Rudy Moreno, Carol Ann Garter, and Jim Errpelbrechl Members Absent: Elizabeth Gounk and Ellen HooverSchertz Staff Present Marrk0ononaldson, siAssslant Director Direclof BPlanning ateman, a Senior Development Terhnldon; Jon Fortune, Director of Management and Budget: Wayne Reed, Planner I; b?vld Salmon, Engineedng Admintstrator The meeting was catled to or for at 5:30 p.m. Mr. Engetbrechtpfnod the r *o&g!n progress. Closed M"Will: 1. Deliberations concerning teal property -under TEX GOVT CODE Sea SS1.072. • l a. Discuss acquisMon of s 0.1"re tract located at $00 Skinner to accommodate drainage system Improvonvnts. b, Discuss acquisition of s 0,19' :xre tract, Lot 9, Block 4, Ala Robertson Addition, W aecommodae drainage system Ietprovemer; z. C. Discuss acquisition of a 0.140-scra tract, Lot 7. Black 3, Alex Robertson AddRlon, to accommodate dfa!nage system Improvements. Commissioner Powell: Good even:og, ladies and gentlemen. it's a Ilitle pest 5,30 p.m. We're going to Wart the + ot0ciat Planning and Zoning Commission meeting for May 27, 1OPS. For the record, tonight we have with us Corot Ann Ganzer. Rudy Moreno, Sob PowlrO, and Scion Apple. We only have four out of our seven. We are expecting a tilt, but four is a quorum and we can conduct business. We're going to hold a public hearing and make a recommendation to the City - -whoa. I'm sorry. Excuse rte. You shouldn't have had that fight hero when 1 can read It We're goti q to I ,ova lift a closed s rsslon. We're going to deliberate concwmlrq real property under Texas Government Code Section 551.072. We're going to discuss acquisition of a 0.1 Macro tred located at 800 Skinner to accommodate drainage system Improvements. Were going to discuss acquisition co a 0.187-m tract, Lot S. Block 4. Alex Robertson Addition, to accommodate drainage system Improvements. Wire going to discuss acquisition of a 0.149-acre tract, Lot 7, Block 3, Alex Robertson Addition, to aceanmodate drainage system Improvements We d monvene hero when that's finished, The Planning and toning Commloll adjourned to the Closed MssUng. Mr rnget ochf/otned the meeting. The Planning and Zoning Commission reconvened Into Regular MeoUng. 2. Consider making a wommendation to the City Council concemino the acquisition of land rofarod to In Item 1.e., b., and c. above. r r~ Commissioner Powell: For the record, kin Engelbrecht has joined us. Do we have any motions regording 1,a., b., ands 1' l l'i *00 Ms. Gomm: I move that we recommend to the City Council approval of the purchase of the 0.1%we trod at 000 Skinner Street. Commissioner Powell: Do we have a second? i f Planning and Zoning Commission Minutes May 27, 1998 4 Page 2 of 58 Mr. Moreno: I'll second. i Commissioner Powell: Thank you, Mr. Moreno. Is there any discussion on that particular motion? Are we going to 4 IT vote electronically tonight? Then we'll do that. Thank you. We have Ave yes votes. (5 - 0) Item 1.b. f 'x Ms. Gamer: I nave that we recommend to the City Council approval of the purchase of the 0187-acre tract, lot 6, Block 4 of the Alex Robertson Addition. Mr. Moreno: Second. Commissioner Power: We have a motion and a second. Is there any discusson on this particular rem? Call for a vote. We'll vote electronically again. We've all voted. The vote to five to znro egaln. (5 - 0) Item I.e. Ms. Gamer: I move that we recommend to the City Council approval of the purchase of the 0.149-acre trod, Lot 7, Block 3 -f the Alex Robertson Addition. Mr. Moreno Second. Commissioner Power: We have a mobon and a second. Any discusli on I c, :ail !or a vote. Vote Is five to zero in favor. (5 -0) I'd like to announce that item 9 and Urn 17 nave been pulled'onlght. Sj, it you're here to discuss the Texas State y Fairgrounds or the Sherman Drive and Greenwood Street situutions, that won't be done tonight. There will be notice before it is Jone agar. CONSENT AGENDA 3. Consider approval of the final plat of Lots 1-18, Block A, and Lots 1.16, block B, of the Westgate Mile North Additlon, Phase Ill. All of the thirty-three (31) singlo-family lots, except Lot 18, Block A. In this photo are located within a Sln~lo-family 10 (SF-10) zoning dlotdcl; Lot It, Block A, Is zoned Single. family 7 (SF-7). The 1029-acre site It located on the north aide of Windsor Drive and the east slde of Wostgote Street. (FP-98-052, Westgate Hills North Addition, Phase Ill, Wayne Rood) 4. Consider approval of a preliminary plat of Lot 1, Block 1, of the ABCIMOO Additlon. The 9.612-acre tract is located on the south aide of I-SSE betwrrt Sam Bass Drive and Tsasloy Lane. The property Is In Commercial (C) and Light Industrial (tl) tbnlnq districts. A medical ofNN building and ambulatory surgical center Is proposed. (PP-08-055, ASCIMOB Additlon, Mark Donaldson) S. Consider approval of a final plat of Lots 1.3, Block B; Lots 1.11, Block C; Lots 1.14, Block D; Lots 14, Block E; Lots 141, Block F; Lots 1.15, Block 0; Lots 1.11, Block H; Lots 1.20, Block I; Lots 1.10, Block J; and tots 18, Block K, of the Oakmont 11, Section 1, Addition. The 35.24740ro tract Is located In south Denton, west of State School Road and north of Robinson Road. The property Is In a One-Famity Dwelling (SF•7(e)) zoning district One (1) open space and 107 single-family residential lots are created. (FP•98-031, Oakmont 11, Mark Donaldson) i B. Consider approval of a final plot of Lots 14 end 8-13, block P; Lots 1.23, Block 0; Lots 1.12, Block R; and Lots 1.22, Block S of the Wind River Eststes, Phase Vt. The 17.680-scre tract Is located In south Donlon, east of the inloractlon of Lillian Millar Parkway and Teasley Lana. The property to In a Ori Family Dwelling (SFJ(c)) zoning district. 89 singledamlly residential lots are crealod. (FP-98448, Wind River Estates, Phase Vi, Mark Donaldson) 7. Consider approval of a prellminary plat of tots 1 end 2, Block 1, of the Nationwide Housing Addition. r The 6.114•scre Pact Is located In Nulheast Denton, northeast of 1.35E, between Pdekrue Paige Road and Shady Shores Road. Lot 1 Is In a Commercial (C) zoning district and Lot 2 Is in an Agricultural (A) } zoning district. The ale of manufactured housing Is proposed for Lot 1. (PP-96453, NWIonwide Housing, Mark Donaldson) Commissloner PowelL We're now going to the Consent Agenda. Is there anybndy here that would like to speak l about Items 3 , 4., S„ S., or 1, on he Consent Agenda? The Chair would enlerialn a motion on the Consent Agenda. ~I ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND BARBARA KAYE WHITSON, INDIVIDUALLY, AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF CORINE A. DOAKES AND ADA LUCILE LOWE (FORMERLY ADA LUCILE WILSON), RELATING TO THE PURCHASE OF 0.156 ACRES OF LAND FOR CONSTP UCTINO DRAINAGE IMPROVEMENTS IN THE PEC4 TRIBUTARY OF PECAN CREEK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized tt. execute a Real Estate Contract between the City and Barbara Kaye Whitson, Individually, and as independent Executrix of the Estate of Corine A. Doakes and Ada Lucile Lowe (formerly Ada Lucile Wilson) in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0.156 acres of land for constructing drainage improvements ;a the PEC 4 Tributary of Pecan Creek. SECTION Il, That the City Manager Is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION III, That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the _ day of 1999 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: r APPROVED AS TO LEOAL FORM: 4 ~r r. HERBERT L. PROUTY, CITY ATTORNEY !E'1 B Y: Ail 6 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT Or SALE is made by and between Barbara Kaye Whitson, Individually, and as Independent Executrix of the Estate of Corine A. Doakes and Ada Lucile Lowe (formerly Ada Lucile Wilson), (hereinafter referred to as "Seller') and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser), upon the terms and conditions set forth herein. PURCHASE AND SALE I. Seller hereby sells and agrees to convey, and Purchaser hereby purchases Ltd agrees to pay for all that ca Lain tract, lot or parcel of land consisting of 0.156 acre tract of land, more or less, as described in Exhibit "A" and illustrated in Exhibit "B" attached hereto, being portion of Lot 6, Block 2, Alex Robertson Addition; together with all rights and appurtenances pertaining to the said property, including any tight, title and interest of Seller in and to adjacent streets alleys or rights-of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property'), together with any improvements, Extures, and personal property situated on and attached to the Property, for the consideratior arA upon and subject to the terms, provisions, and conditions hereinafter set forth. PURCHASE PRICE I . Amount of Purchase Price. The purchase price for the Property (0.156 acre tract) shall be the sum of Six-Thousand and Eight -Hundred and Fifteen Dollars and No Cents (S6,815.00), I 2. Payment of Purchase Price. The NII amount of the Purchase Price shall be 1 payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each olthe following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Reoon. Within twenty (20) days after the date hereof, i Purchaser, at Purchaser'r sole cost and expense, shall have caused the Title A Company (hereinatlerdefined) to issue an owner's policy commitment (the ~r r "Commitment') accompanied by copies of all recorded documents relating to k f 7 easements, rights-of-way, rtc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth In the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. Purchaser understands that Seller is under no obligation to cure any title defects complained of by Purchaser stated in Purchaser's written notice to Seller as provided In this paragraph. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be acceptable and any ob;ection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of a': improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, esrements, and rights-of-way on or adjacent to the Property, if any, vtd sh3'.1 contain the surveyor's certification that there are no encroachments on the Property argil shalt set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day perod, give Seiler written notice of this fact. Seller shall, at Seller's option, promptly :ndertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfactions of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminute this Agreement, and the Agreement shall thereupon be r.-!I and void for all purposes. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliant Seller shall have performed, observed, and complied with all ofthe covenants, ap;Qvits, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing, REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to purchaser, to the best of its current knowledge, as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: Page 2 of 7 8 A , t r possession of any Portion of the Property lessees There are no parties in + I p tt.nants at sufferance, or trespasser.. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, atfecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property or any part thereof. 4. To the best of the Seller's knowledge, there rre no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or mwerials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held a! the office of Dentex Title Company, 300 N. Elm, Suite 101, Denton, Texas on or before January 31, 1999 (which date is herein referred to as the "closing date"), CLOSING REQUIREMENTS 1. Scller's$equirements. At the closing Seller shall: A. Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, assessments, and restrictions, except for the following: I, General real estate taxes for the year of closing and subsequent years not yet due and payable; and 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligation bcrccj',, and 1 Any exceptions approved by Punhaser in writing. 13. Deliver to Purchaser a Texas owner's Policy of Title Insurance at r A Purchaser's sole expense, issued by Dcntex Title Company, Denton, Texas, (the "Title Company"), in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed in Cj L~jUReauirements Page 3 of 7 9 1 t hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual fort of Texas Owner's Policy of Title Insurance, prodded, however I. The boundary and survey exceptions shall be deleted if required by Purchaser; and If so required, the casts associated with same ehall be ioma by Seller, 2, The exception as tn restrictive covenants shall be endorsed "Nona of Record", 3. The exception as to lien encumbering the Property shall be endorsed "None of Record" other than those set fo•th in _'Purchaser's Obligations. 4. The exception for taxes shall be limited to the year of closing and shall be endorsed "not yet due and payable", C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Rea uir rents Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds, 3. Closing Costs. Seller shall pay all taxes assessed by any tax jurisdiction through the date of the Closing. All other costs sad expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser. . REAL ESTATE COMMISSION Any real estate com-,nissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller. to the extent Seller has agreed to pay any such real estate commission in writing; and Selleragrees to indemnify and hold Purchaser harmless from any and all claims for any such commissions. BREACH BY SELLER In the event Seiler shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Prop:rty except Purchaser's default, Purchaser as its sole and exclusive remedy may either enforce specific performance of this Agreement or terminate t'tia Agreement by written notice delivered to Seller. i t , ..,4 Page 4 of 7 i 10 c. I BREACH BY PURCHASER j In the event Purchaser should fail to consummate the p-=hale of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default, Seller as its sole and exclusive remedy may enforce specific perfonnance of this Agreement, or terminate this Agreement by written notice delivered to Purchaser. MISCELLANEOUS PROVISIONS 1. Assi¢nment of Agreement. This Art ent may not be assigned by Purchaser f without the express written consent of oeller, 2. Survival of Covenants, Any of the represertations, warranties, covenants, and agreements of the parties, as well as any dgh It and benefits of the parties, pertaning to a per:od of time following the clwing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. i 3. N4Sim Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Lew to Apply. This Agreement shall be construed under and In accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County; Texas, S. Parties Bound. This Agreement shall ba binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns where permitted by this Agreement, 6. Leas] Constniction. In case anyone or more of the provisions contained In this Agreement shall for any reason be held to be invalid, illegal, or unenforceable In any respect, said invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed so if the invalid, illegal, or unenforceable provision had never been contained herein. 1. Prior A¢reernents Sunerseded, This Agreement constitutes the sole t7d only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject mar i. S. Time of Essence, Tima Is of the essence m this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed f 1 # ; to include any other gender, and words in the sfngrlar number shall be held to include the plural, and vice verse, unless the context requires otherwise, Page S of 7 11 ' I t u i 1 0. Compliance. In accordance with the requirements of the Texas Real Estate A, License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title Insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 11. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Seller, Purchaser sball have the right to terminate this Agreement upon written notice to Seller A ATE it this day of_ 11998. SELLER: PURCHASEF.: THE CITY OF VENTON, TEXAS BY: BY: Barbara Kaye Whitson Individually, Michael W. I" and as Independent Executrix City Manager of the Estate of Corine A. Doakes 21$ E. McKinney Denton, Texas 76201 BY: Ada Lucile Lowe (formerly Ada Lucile Wilson) ATTEST: 1 fENW-ER WALTERS, CITY SECRETARY BY. l APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, Ct7Y ATTORNEY BY: la~ittia l ~e eC' f ~li r I Page 6 of I 12 c u THE STATE OF ¢ r} COUNTY OF ¢ This instrument was acknowledged before me on 1998 by Barbara Kaye Whitson, fadividually, and as Independent Executrix of the Estate of Corine A. Doakes. Notary Ptiblie, In and for the State of My Commission EY•pires: THE STATE OF ¢ COUNTY OF ¢ This Instrument was acknowledged before me on 1998 by Ada Lucile Lowe (formerly Ada Lucile Wilson). Notary Public, In and for the State of My Commission Expires. 1111 dA 1 , i i 1 I. Pegs 7 of 7 13 u ExHmrr 'A' BEINO A PORTION OF LOT 6, BLOCK 2, ALEX ROBERTSON ADDITION TO TIM CITY OF DENTON, ACCORDINO TO THE PLAT R'c!CORDED IN VOLUME 01, PAGE 19, PLAT RECORDS, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; i BEOR04ING AT A 54 INCH [RON ROD SET FOR TIM SOUTHWEST CORNER OF SAID LOT 6 AND THE NORTHWEST CORNER OF LOT S IN SAID BLOCK 2. THENCE N00' 12'34"E, ALONG THE WEST LINE OF SAT,'' LOT 6, A DISTANCE OF 47,N1 FEET TO THE NORTHWEST CORNER OF SAID LOT 6. THENCE N8904,112"E, ALONG THE NORTH LINE OF SAID LOT 6, PASSING A 1.1/2" LD, PIPE AT 47,00 FEET AND CONTINUING, IN ALL A DISTANCE OF 145.00 FEET TO A 5/8 INCH IRON ROD SET FOR THE NORTHWEST CORNER OF THE TRACT DESCRIBED IN A DEED TO THE CITY OF DENTON DATED JANUARY 7, 1969, FOR THE WIDENING OF SKINNER STREET, THENCE 800.12'34"W, ALONG THE WEST LINE OF SAM CITY TRACT FOR THE WEST LINE OF SAID SKR* 5R STREET, 47.00 PEST TO A 318 INCH IRON ROD SET FOR THB SOUTHWEST CORNER OF SAID CITY TRACT, IN THE COMMON LINE OF SAID LOT 6 AND LOT S. THENCE $8944432"W, ALONG THE SAID COMMON LINE OF LOTS S AND 6, A DISTANCE OF 145.00 FEET TO THE PLACE OF BEGINNINO AND CONTAINNO 0.1% ACRE OF LAND, j SURVEYED ON THE GROUND FEBRUARY 1998. TEAGUE NALL & PERKINS, IN STEPHEN H.ROBERSON "k REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4090 #Ao" fail fall 04. H. R08=H, f `~~6Qt o OQ 14 I r oalalr ti~ (I leAte , . „ MDR A 4134 AM MAC? ewwer Art anm lw1Y M LW AM II0eU1 FM AO ra 16 rK lMR RArt CWreruR lrrRY cry a OCM16N. Dwym M. FLU& M 'S*j 1(R rawwMrrRaAll ( SOS le" !r MAAW 000"* 71leANx Ae NO OM A VAN. 1 100111.'M' r PLACE OF j 1 afONJ M • $ I 1 I I i I I I t r I { LOT 4 alK 2 I$ LOT 1 &X 2 ALEX RO%%ON LOT 6 alk. 2 AOOfTION m Or,m 10 L I I I , I I I I I = = 50011'1.'- tOD7!'N•W 41 C? 1' SIRM 10 0ty ~ f I" to oty DIP 0% 0/11//1! ONTON DID. r/7/0 1h1 SKINKA STRUT a 0-6. 10 "i! lSWjf r,'!'* ee8y, Irl nurrrr elrrrr IF l~AeF"!. rrrf rrrA rrr rerel L +eb Ma /alrls rilG0p0F./[rrA~HA0f1./+0 Ii is • i (]q ~ Aq„lids No Al onda ho o~~P AGENDA INFORMATION SHEET n't1e._ -fi-` 7 AGENDA DATEt Januety 5,1999 DEPARTAiF.NTt Fng!neering & Transportation CM/DCAIlACM: Rick Svehlo, Deputy City Manager SVBJECTt CONSIDER AN ORDINANCE APPROVING THE REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MARY B. COPELAND, WIDOW OF H.L. COPELAND, RELATING TO THE PURCHASE OF 1.20 ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE MOCKINGBIRD STREET AREA; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The City of Denton is proposing to purchase this tract in conjuuclior with the Mockingbird Lane Drainage Boxes Project. This tract is needed for access, widening kind maintaining the existing drainage way. In order to expedite the recent installation of the Mockingbird Lane drainage boxes, Mrs, Copeland gr:,nted an easement to allow for construction, in concert with the pen3ing sale orthe overall tract. RECOMMENDATION: Staff recommends approval. The current state orthis drainage way is a natural, meandering tributary. The future Audra/Noltingham street connection project along with anticipated development upstream will make it necessary for improvements to the channel to occur in this area. The existence of on improved channel will render the remainder tract in the northwest i corner detached from Mrs. Copeland's overall tract Mrs. Copeland and her children also indicated that the future widening of Mockingbird Lane, future drainage improvements and existing utility easements on the remainder tract make future development for the tract impractical, R Is in the best it ,rest of the City to acquire this tract at this time, for it will provide excellent access to the drainage way for maintenance purposes and reduce the Iiketihood of the structures within the f]oodplain. kallog ACTION/RE1'IENV :Council, Boards. Commissions) Approved by Planning & Zoning Commission on Novcrtrbcr 11, 1998. ' FISCAL INFORMATION $6,584.3' jlus closing costs of approximately $500.00 ($6,477. was paid previously for the 100' wide drainage casement, net effect is $13,061.30 for 1.20 acres or ,23 cents per square foot) S V ~p Attached Respectfully submitted; )e C Wk-, Di ector PrLPng Bring & Traneportation t Paul Williamson, Right-of-Way Agent .10 r r I ~I i I ~N~~ Rp. ~NlV ERS/t y pR~~ M E ~ I i SITEo z AUDRA o m Y z y U O a N 3 t t E~ j, ai al' e~ c1• e3 olt . Oil 6r 6` n. T , e~ of ~ o PRoAps D 0 \ a 69 001 ~ ..k<,OA' 0d pp, ~ 61 OJ BRANDYWINE ' I 1ol 9f 1os oo 101 60' HHH ,;~3 Ion, 39 1 ~ loo eo ~ i 99 19' 1 j n h i 05,76 O P 1 .0545A4'. 91 90. - 56 90 96. 40'~ 0l CC , ry 0 gl,' F a ~I i~ I n n 41.5e' 91,511 _!a 94 09', ''l 95 OR 101,00' 10! 00' I OAKSHIRE 93 32' p3 3242 /7' 91 e7' 'I 41 7,3 91 ~2' 90 96' 35 1S' 5!. ' 91 13' 1 - 19.17 -'01 >I' 21 91 91 1 x,46 SS' 45 Iff 9o,96 90 9 u V 1-4 t j ~k i~ 4 MINUTES PLANNING AND ZONING COM'kIIb910N RAF NOVEMBER 11, 1990 i The regular meeting of the Planning and Zoning Commission of the CRy of Denton, Taxes was held on Wednesday, November 11 1496, at 6 30 p.m, in the City Council Chambers at City Hell, 217 E. McKinney, Denton, Texas: Present: Vizabelh Oourdle, Bally Plehal, Susan Apple, Jim Engelbrscht, Rudy Moreno, Card Ann Ginter, and Bob Pewee Mr. Rlshel)oinsd the meeling M progress. Present from Staff: Eddie Martin, Assistant City Anomaly; Mark Donaldson, Assistant Director of Planning; Jerry Clark, Oirsdor of EnglmatNITransportation; David Salmon, Engineering Administrator, Trins McElrseth, Planner II Commissioner EngetbrechL Welcome to the Planning and Zoning Commission meeting on November It. ION, this Veterans Day across America. At this lime, I do want to lust express our oppreclotion to ae 9wea members who have served In the armed services in the many wilds across our country's history-both men and women- and think a6 those family members for thou service members who did not relum, An sdminlslrothra mete this evening, Commissioners-you vAll notice that the 'mike mute' button Is lit. W: wq be using that, to you need to lure that off R you want to use your speaker. Other than that we wl6 continue with our heed signal system otherwise for voting, ate the meeting was called to order of 6 30 p.m, 1, Deliberations concerning real property - under TEX. 00V'T CODE Bee. 961.072 a. Discuss the purchase of 1.20 set" In the R.B. Longbottorn 9wvey, Abstract 779, Commissioner Engslbrscht: At this We, I'll call tha Commission to order. First Rem this evsnlng Is closed meeling•-deilborations oonarning feat property under Texas Government Code Saetkm651.072. Discuss N purchase of 1.2 acres In the R.B. Longbottom Surwy, Abetted 776. So at this time. Commissioners, we will adjourn Io the City Manager's conference room. Mr. Riche, )olned the meeting. The Commissioners convened the closed meeting The Commissioners reconvened into the regular meeting. 2. Consider making a recommendation to the City Council concarning the purchase of 4.20 acres In the R.B. Longbottom Survey, Abstract 779. Commissioner EngelbrechL. Okay. At this time. I'd like to reconvene Into the regular meeting. Rem 2, Commisslonen, this evening Is to twnsoot making a recommendation to L4 City Council concerning CN purchase of 1,2 setae in On R.B. Longbottom Survey, Abstract 776. Ms. Genxar: Mr. Chair, I'd like to move the t we recommend tots City Couneif approval of IN purchase of the 1.2- sore tract in the R.B. Longboriom Survey, Abstract 0773. Ms. App's: SeoonJ, Commissioner EngelOreuht: We have a motion and a sewed Any discussion? All In fcrcre of the motion, pleases i rates your Mghl hand, Malkin carr od unanimously. (7 - 0) ~ 4t r, CONSENT AGENDA rte/ 3. Consider srjproval of the Rmad plat of Loh 19 through 24, Block I of the Lrlw Oaks Addhlom The 1.94-sera tact Is located on the weal side of Bernard Street, s" of Acme ObrW This properly Is S e. u II I a ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MARY B, COPELAND, WIDOW OF H. L. COPELAND. RELATING TO THE PURCHASE r,F 1,20 ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS M THE MOCKIN4SIRD STREET AREA; AUTHORIZING THE PXPENDITURE OF FUNDS THEREFORE; AND PROVIDJNG AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENT ON, TEXAS HEREBY ORDAPIS: SECTION I. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Mary B. Copeland, widow of H. L. Copeland, in substantially the form of tha Real Estate Contract which Is attached to and made a part of this ordinance for all purposes, for the purchase of 1.20 acres of land for constructing drainage improvements In the Mockingbird Street Area, SECTION 11. That the City Manager Is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION W. That this ordinance shall become effective in.mediately upon Its passage and ar proval. PASSEL) AND APPROVED 'his the day of _ 1999 JACK MILLFR, MAYOR ATTEST: W JENNIFER WALTERS, CITY SECRETARY BY: _ J APPROVED AS TO LEGAL FORM: ~ R o HERBERT L. PROUTY, CJT Y ATTORNEY t l lk BY. _ 6 r R REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Mary B. Copeland, widow of H,L. Copeland (hereinafter referred to as "Seller-) and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser'), upon the terms and conditions set forth herein. PURCHASE AND SALE I , Seller hereby sells and agrees to convey, and Pur:baaer hereby purchases and agrees to pay for all that certain tract, lot or parcel of land consisting of a 1.20 acre tract of land, more or less, as described in Exhibit "A"; together with all rights and appurtenances pertaining to the said property, including any right, title and Interest of Seller in and to adjacent streets alleys or rights-of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the, terms, provisions, and conditions hereinafter set forth. PURCHASE PRICE 1. Amount of Purchase Price, The purchase price for the Property (I,20 acre tact) shall be the sum of Six-Thousand and Five -Hundred and Eighty Four Dollars and Filly Cents (S6,584.30), 1. p,~'mcnt of Purchase Price. The full amount of the Purchase Price. shall be , payable in cash at the closing. PURCHASER'S OBLIOATIONS The obligations of Purchaser hereunder to consummate the ;.ansactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Re +Qrt Within twenty (20) days after the date hereof, Purchaser, at Purchas :t's sole cost and expense, shall have caused the Title Compsny (hereinafle, defined) to issue an owner's policy commitment (the "Conraitn mt') accompanied by copies of all recorded documerlc relating to r~ easements, rights-of-wa1, etc., affecting the Property. Purchaser r.lull give Seller e written notice on or before the expiration of ten (10) days after Purchaser receives ! r the Commitment that the condition of title as set forth in the Commitment Is or is t ta not satisfactory. In the event Purchaser states the condition of title fs not satisfactory, Seller shall, at Sellct's option, promptly undettake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. Purchaser understands that Seller is under no obligation to cure any title defects complained of by Purchaser stated in Purchaser's written notice to Seller as provided in this paragraph. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be acceptable I and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey, In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modifjt the unacceptable portions of the survey to the reasonable satisfactions of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. i S. Seller's Compliance. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to purchaser, to the best of its current knowledge, as follows. which representations and warranties shall be deemed made by Seller to Purchaser also as of the cle Ling date: I. There are no parties in possession of any portion of the Property as lessees, i r tenants at sufferance, or trespassers. ( f` i i Page 2 of 6 g i t 4 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental sathority. 3. Seller has complied with all applicable laws, ordinances regulations, statutes, rules and restrictions relating to the Property or any part thereof. 4. To the best of the Seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensatiun and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex Title Company, 300 N. Elm, Suite 101, Denton, Texas on or before _ (which date is herein referred to as the "closing date'). CLOSING REQUIREMENTS 1. Seller's Rea~'rements. At the closing Seller shall: A. Deliver to Purchaser a duly executed and acknowledged General Warranty Decd conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, assessments, and restrictions, except for the following; I . General real estate taxes for the year of closing and subsequent r years not yet due and payable; and 2. Any exeef.,ons approved by Purchaser pursuant to Pu ,ham Qbliggticj, hereof; and 3. Any exceptions approved by Purchaser in writing. 8. Deliver to Purchaser a Texas owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company'), in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed in ClosingRoquirement! hereof, such other exceptions re may be approval in writing by Purchaser, ' and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however, l Page 3 of 6 9 E i L I, t. The boundary and survey exceptions shall be deleted if required by Purchaser; and if so required, the costs associated with same shall be bome by Seller; 2. The exception as to restrictive covenants shall be endorsed "None of Record"; 3. The exception as to liens encumbering the Property shall be endorsed "None of Record" other than those set forth in "Purchaser's Obligations". 4. The exception for taxes shall be limited to the year of closing and shall be endorsed "nut yet due and payable". C. DeLverto Purchaser possession of the Property on the day ofclosing. 2. Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. I 3. Closing C L Seller shall pay all taxes assessed by my tax jurisdiction through the date of the Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser. REAL ESTATE COMMISSION Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, to the extent Seller has agreed to pay any such real estate commission in writing; and Seller agrees to indemnify and hold Purchaser harmless from any and all claims for any such commissions. BREACH BY SELLER In the event Sclicr shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser as its sole and exclusive remedy may either enforce specific petformance of this Agreement or terminate this Agreement by written notice delivered to Seller. BREACH BY PURCHASER In t'te event Purchaser s Could fail to consummate the purchase of the Property, the r conditions to Purchaser's obligutions set forth in F URCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default, Seller as its sole and exclusive remedy may enforce Page 4of6 10 4 c, i l I specific performance of this Agreement, or terminate this Agreement by written notice delivered to Purchaser. MISCELLANEOUS PROVISIONS L Assignment of Agreement, This Agreement may not be assigned by Purchaser without the express written consent of Seller. 2. $liYvivai of Covenant . Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights an3 benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be I deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4 Texas Law to Anply. This Agreement shall be construed under and in accordance with the jaws orthe State of Texas, and all obligations ofthe parties created hereunder are performable in Denton County; Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Constructer In case any one or more of the provisions contained in this Agreement shall ror any reason be held to be Invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shad not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contaired herein. 7. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements betv -en the particc respecting the within subject matter, S. Time of Esscnce. Time is of the essern:c In this Agreement. 91 (lender Words of any gender used in this Agreement shall be held and construed to include any other gender, and word % in the singular number shall be held to include the plural, and v'ce versa, unless the context requires otherwise. 10. Comnli In accordance with the requirements of the Texu Recl Estate r~ License Act, Purchaser is hereby advised that it should be famished with or obtain , f a policy of title insurance or Purchaser should ha- a the abstract covering the Property examined by an attorney of Purchasc.'i own selection. Page S of 6 LI t, 11, Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Seller, Purchaser she11 have the right to terminate this Agreement upon written notice to Seller. DATED this day of _ '1998. SELLER: PURCHASER: THE CITY OF DENTON, TEXAS f BY: BY: Mary B. Copeland, Michael W. Jet widow of H.L. Copeland City Manager 215 E. McKinney Denton, Texas 76201 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY BY: 2 kr /-)vj__ "-j Za e e THE STATE OF TEXAS ¢ COUNTY OF DENTON III This instrument was acknowledged berore me on .1998 by Mary B. Copeland, widow of H.L. Copeland. Notary Public, in and for the state of T.,xas My Commission Expires: Page 6 of 6 12 I EXHIBIT "A" 1.211 ACRES FIELD NOTES to all that certain trod of land situated In One R.S. LongboBan Survey, Abstract Number 775, In the City and County of Oonton, Torras and being a part of that certain faced desedbed In the deed from Larry W. Claybr to H.L. Copeland, recorded h Volo n e 912 Pape 901 of N Dead RsooMS of Donlon County, Texas the sub)od trod Wig man par9aulorty, dsseribsd as Wows; BEOINNINO for the Northwest Comer of the tact being dwabed hsnin at a naM set for the Northwest Comer of paid Copeland trod In One apparent West tins of sold Survey In Moc"bird Lana; THENCE East with ft North Mae of soled tract a distance of 702.00 het to a capped ion rod ant for the Northeast Comer of the heroin described tract, some being the Northwest Comer of a 10 foot drainage saeemsnt dsocrbod in 0ns sown 4 from Mary 6. Copeland to the City of Denton, fecotded In Volume 2751 Pegs 878 of the Pool Property Raoords of Denton County, Tom, said corn onto being the Northeast comer of a certain drainage awsment to the City of Denton, papered in So lember of 1999; THENCE South 01 Degrees 26 Minutes 48 Socends last with the Easel be of the above mentioned 1999 cwsnnnt and 1M West lone of the tint mentioned sasomenl, a distance of 10.47 fees too capped Iron rod sot for the bo&nbng of a nonaanSaM curve to the MR haft a radius of 499,00 feet; THENCE along the are of sold cur" and the apparent South kw of ft 100 fool drainage sawment an are dNtance of 201,37 Mot (chord bearing of South 71 Degrees 18 Mi lutes 28 Seconds West a distance of 200,08 hat) to a capped kon rod aM for the and of sot I curve; THENCE South 25 Degrees 74 k*Mn 42lleeords Wast continuing wow said 1999 eawmsnt Ina a dicta ow of 25,04 het to a capped Iran rod she for to begkmkng of a ours b the right haft a radoo of 10727 Meld THENCE along the are of said omen an are dlstonce of 115.00 fees (ctwd beeMp of South 67 Degrees 43 Minutes 45 Seconds west a distance of 101.911"0 to a capped ion rod ant for the and of said curve; THENCE South 89 Degrees 92 Mlnut" 48 Seconds West continuing will raid easement Mae a distance of 77.52 feM to a nail ail In the Went time of add Copeland bad to wild MocWn0W Lens; THENCE North 01 Degrees 26 Minutes 48 Seconds West with sold Woof 11" in sold Lane a distance of 257.21 het to the PLACE Of BEOWNO and encloolng 1211 wens of lard. Thew Field Notes with the accompanying sketch ware prepared from an on the ground survey made under my dksclon and supervision on November 25, 111110111. Then an no A We or apparent Inkwions or protrwbns except se shown. Micheal J, Kom RPL8 No. 4150 Dail THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE BINDER OR SCHEOULE S. t i Al f. ! tom, i 13 i 1 1 c jig: {t r.w..r •7.}..-. ...,.-..w•».. .+f.ntn ,'±~'•r•tYM~rto lwwwr."ot«.-1+.. !L44 .'IwA~M~'1~1/'}Y ~n1Y 1 '4' iq eS L Tarr. .1lW'tM 11r1 M•~'n . e•qM ' M o"i • In M tilt me N1 to 4m l r i W1Irt IH1g1 ~e1 ,1• ` ~ 1lrj.~~~j`ilril• .Ir 1'1.1!•, e! C 1 ~ 1 1 d 1 ~ 1 1111 1'~ A /r• 1 ~1 wr . i~wil•~M~Mw 1~~1•~I ~h ~.Y f•IN r1' ' wol goo's m nr i41 i NM IYV117 C* N- no" .low "ft SIM12 it iii-to or 1 (felt r.r t ~ 1 •~.A I ~ ,wr ~ ~r~ ~•Y1• e~M NYY r 11 f ~ • ~ w1~rs K11~M - 1 ~ 1 I lr « . 1«flfr 1 If IYMH1j'•11111wr 1r11 FAW. t1•f Wool 111- a ter t r•.1Ne! Nam- • "'n"~'~•rww i 1~~"Ri~'r: ~ o~er4r.elNreaeMwr.•~Irrerferwrr~ ~ r • r ~ k lit r ` !r W 130 Flo MIL 1 r,r, rI'm ' ~ AINY IMM , t II AGENDA INFORMATION SHEET Agenda Na qq- GD I kem-~ 2 AGENDA DATE: JanuaryS, 1999 DEPARTMENT: Planning Department DCNI: Rick SvehIa. 349-7715 { 1" 92 _ SUBJECT -Release of ETJ to Town of Bartonville Consider a resolution relinquishing approximately 35.781 acres of land within D7enton's Extra- Territorial Jurisdiction to the Town of Bartonville, so that Bartonville may institute annexation proceedings with respect to such area. BACKGROUND The subject property is located south of FM 407 along the Town of Bartonville corporate limits, but within Denton's E7 J (Division 2). Division 2 ET) is subject to,9enron County subdivision i and land development milulations(Section 34.38(&X2). Request to Release ETJ. A request from Zena Developm.nt Corporation to release the subject prof ert/ was received by the City on : anuary 13, 1998. Staff responded by requesting additional infotmttion, including a map of the subject property and a letter from the City of Argyle acknowledging its agreement 1 Mh the proposed annexation of the subject property into the City of Bartonville, Previous Council Ruvlew of Request. On April t4,1998, City Council conducted a workshop regarding the proposed release of the subject property from Denton's ET). At that time, City staff had not yet received a repay from the Zena Corporation regarding the City of Argyle position on the proposed releass of ETJ and annexation Into the Town of Bartonville. Council directed staff not to proceed until Argyle I Bartonville issues were resolved. Argyle Response. In August, City staff received a copy ore letter from the City of Argyle to the Toitin of Bartonville regarding the proposed release of ETJ. It stated support from Argyle, with Wo assurances: 1 t. No access should be made from the proposed Zena Development to Stonebridge j Road;and 2, The residents of the ET) should receive some assurance that the plat that was presented by Zena Development represents what will be built, and that they f should be notified and consulted if any changes are proposed. i Zeno Resubmittal. In September, Zens Development Corporation resubmitted to the City its request to release 35.7805 acres frim. the City of Denton Extra-Territorial Jurisdiction so that the sOject property may be annexed b, the Town of Bartonville, t r The conditions addressed by the letter from Argyle to Bartonville appear to have been met by the information provided to staff, The proposed release of ETJ will allow ten residential loss to be created and annexed into Bartonville. The subdivision land plan shows no access from any of lots to Stonebridge Road, and no existing development Is proposed to be annexed Intl Baronville by way of this request. 1. n c~ .i i OPTIONS If not released from the Denton ET) (Division 2) the land owner may plat the lots through the City's Planning and Zoning Commission, but need only provide required public improvements according to Denton County requirements and standards. RECOMMENDATION Staff recommends release of the subject property from the City's ET), finding that the prof <rty is not within the current or projahed service delivery area of Denton utilities or services and that annexation into the Town of Bartonville is more appropriate if services are desired. I PRIOR ACTION / REVIEW (Council. Boards. Commislonsl In April, 1998, Council advised staff to proceed with this item only upon approval of the action by the Town of Bartonville and the City of Argyle and resolution of issues with adjacent property owners In the ETJ. FISCAL INFORMATION None ATTACHMENJ 1. Letter from Zena Development and City of Denton staff 2. Letter from nearby property owner 3. Letter from Town of BsrtonvilIt 4. Letter from City of Argyle S. Second letter from Zeta Development b. Location 111 ap 7. Map of Subject Property 6. Dreft Resolution Re lly i DplAill i5irector of Planning and Development a prepared by::~ ( i 'ycttG~hlr-- 'I Mark Donaldson A+ t Assistant Director, Planning and Development t ( j+•,\ 2. t, u i I NA COR OJanuary 13,199 Mr. Mark Donelson Cl fY OF DENTON Planning Department 221 N. Elm Street Denton,Texas 76201 RE: Deer Creek Estates Bartonville, Texas Dear Mr, Donelson: I Per our previous conversation, on December 9, 1997 we filed an Annexation Petition with the Town of Bartonville for the parcel of land described In the attached Exhibit A. We have been advised by the Town of Badonville that this particular land is currently located within the Extra Territorial Jurisdiction of the City of Denton and they have suggested that we apply with the City for a release of this land to the Town of Bartonville. For your use, we have included copies of all previous correspondence with the Town of Bartonville. Please 1e1 us know how we should proceed from this point with the City of Denton. Sin~cer Iy, / 1 Vicky Gaddy Construction Coordinator K Iv Enclosures I I ° A!li'~ c~ P. 0.1lox 42164, Soudd&%Texu 76097 107 w. wona. Sulu M, Onpevlne, Tau 76031 McLOt1171424-1792 FatI1714216910 3. { i ' I II l I 122"Bt €lr v ti a A Ct.^a'J.TR4T5. N. - a17 421 E4:e M2 € EXHIBIT A ~i I ZONING EXHIBIT *330ACRES Being all that certain lot, tree, or parcel of land situated in the William Blalock Survey, Abstract Number 44, Daniel Cook Survey, Abstract Number 230, A.R. Loving Survey, Abstmt Numbs 736, Sam Liztnby Survey, Abstract Number 761 and Sohn Gibbons Survey, Abstract Number 1693, Town of Bartonvi lie, Denton County, Texas and being all thou certain tracu of land described in deed to The Wilkerson Childron's Trust No. Three recorded in Volume 2350, Page 894, Willian, Wilkerson, bong a called 2.732 acre tract of land recorded in Volume 1736, Page 753, William Wilkerson, Tract (1) One, being a called 74.995 acre tract of land recorded In Volume 2432, Page 629, Craig Wilkerson Trust, being a called 47.877 acre tract of land, recorded In Volume 2358, Pages 966, Craig Wilkerson Trust, being a called 60.000 acre tract of land recorded In Volume 2368, Page 994, Craig Wilkerson R Damon Wilkerson Trust, being a called 21.472 acre tract of land, recorded In Volume 2368, Page 998, William Wilkerson, being a call,id 4.9967 acre tact of land, recorded In Volume 1541, Page 919, William Wilkerson recorded in Volume 2032, Page 635 and William Craig Wilkerson recorded in County Clerk's File No. 96.050884 of the Deed Records of Denton County, Texas and being more psnacularly described as follows: BEC;M NG at the oortheast comer of the said Wilkerson Clidleran's Trust No. Three tract, said comer being the soutbeast comer of the H.M. Knot, Second Tract recorded It Volume 418, Page 3S4 of the Deed Records of Denton County, Texas and being a point Ir the westerly right. of-way of Fame to Marks, Road No. 407; THENCE Soutbarly along the easterly line of said Wilkerson Children's Truer. No. Three but and the westerly right-of-way of Farm to Market Road No. 407 to the southeast comer of the said Wilkerson Children's Trust No. Three trot and the Northeast comer of the Su-A•Ray Co. but recorded in Volume 655, Page $98 of the Deed Records of Denton County, Texas; THENCE Westerly along the nonb Lae of said Sea-A•Ray treat and the south line of said Wilkerson Children's Trust Nc. Three to the northeast comer of said 2.732 acre tract; THF.'QCE Sou btrty along the tut line of the called 2.732 ease tract to the southeast coma thereof on the south tine of said Sm-A•Ruy tract and the north &e of thus certain Ponca City Inn, Trio, tract recorded in County Clerk's File No. 97.001408 of the Deed Records of Denton County, l Texas; THF,NCF, Wemrly along the south line of the called 2.732 acre traciand the north line of said Ponca City Inn tract being in the east line of slid William Wilkerson tact; THENCE Southerly ideas the well 11ae of the said Ponca City Ina tract to the Mtheatl coma of Wd 14.398 sere tract and the northeast comer of the certain Dam Investment tract dated 7- THENCE Westerly along the south line of said 14198 acre tract and the south Sias of said V 2 4. i t ` II : G a A CJ54744rS iw.. E17 c694,0 2130/?7 5: :5 +703 74.995 acre tract to the southwest comer thereof and the northwest corner of the said Decon Investments tract and being on the east line of the W.H. Serfs tact retarded in Volume 409, Page 31 of the Deed Records of Denton County, Tex u; i THENCE Northerly along the west line of the said 74.993 we tray to a point; THENCE Westerly to the westerly southwen comer of said 74,993 sere tract; THENCE Northerly to the south line of Lot 6 Tucker Addition, an ion to the To%tm of BanonAlle, Denton County, Texas, recorded In Cabinet E, Page 138 of the Plat Records of Denton County, Tex u; THENCE Easterly along the south line of mid Lot 6 and Lot 7 to the southerly souibeut tamer tbtreof to a point for comer, TE:ENCE Northerly to the northwest comer ofcalted 74.995 am tract THENCE Easterly along the south line of said Lot 7 and 8 and the north lire of Bald 74.995 acre tract to the nortban comer thereof add point being southeut comer of Lot I, of sold Tucker Addition; THENCE Northerly along the eat line of said Lot 8 to w%bew corner thereof and the southeast comer of add 60.000 acre tract; THENCE Westerly tong the souib line of the add 60.000 acre Irect and the nonh at of add Lot I and the nonb line of Dove Creek Road to the soutt.west comer of add 47.877 acre tract THENCE Northerly tong the wt line of Dave Creek Road and the wets lice of the at ad 47.877 acre tract to the southeast comer of the celled 71.472 acre tract THENCE Northwesterly long the oonb line of Dove Crook Road sod the south line of add 21.472 acre tract to the southwest comer tbareo , THENCE Northerly along the wen llne of the called 21.472 sere out and the apparrmst city lisalis of the City of Argyle, Texas, to the a point for comer, sold point beiel at the apparent city limits of the Turn of Bartonville, Texas; THENCE Easterly along the aid lirniu of BsnomIlle to a point in the west line of the said Wilkerson Children's Trust No. Three true THENCE Northerly afoag the :aid limits of Banom%fVe and the wen line of said Wilkerson Children's Trost No, Three tract to the northwest corner thereof; TUFNCE Easterly along the w M line of the mid Wilkerson Children's Trust No. Twee to the POINT OF BEGINNING and toatalniag approximately 730 sterns, more or less, J W 7 5. r I f I TOWN OF BARTGNVILLE ANNEXATION PETITION (TLCC 143-028) TO THE MAYOR AND TOWN COUNCIL OF THE TOWN OF BARTONVILLE, TEXAS: 1, the undersigned owner of the hereinafter described tract of land, which Is vacant or on which less than three (3) qualified voters reside, petition the Town of Bartonvine, Denton County, Texas, pursuant to Texas Local Government Code ¢ 43.028, to extend the present Town limits so as to Include as a part of the Town of Bartonville, Texas, the following described territory, to•wiv i See Wlblt "A' attached hereto and made a part hereof. { above -Mcn tract land I Town ofcBartonvillet'Tex as and th t ItdIs less thin oneshalft(1/22)smite ind1wMdth, to the 2ana D l1'nt Corp atfon gna e C. Pat Wonro, Prastdent Printed Name 1 STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name su sen a to t e orego ng nstrument and he/she acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this ~ day of 19_.,_,. i Nolary Public of and for ( I,.- The State of Texas ANNEXATION PETITION • Page 1 br\annex.ptl 6. i " I (s I II i{ I I, I CITY OF DE_N_TON TEXAS CINHALL WEST 221 N. ELM DENTON, TEXAS 76201 (a 17)5666200 DFW METRO 131.2529 January 28, 1998 Ms. Vicky Gaddy, Construction Coordinator Zone Development Corporation P.O. Box 92884 Southlake, TX 76092 Subject: Deer Creek Estates Bartonville, Texas Dear Ms. Gaddy: I am In receipt of your letter requesting direction regarding the release of land from the City of Denton Extra ;Territorial Jurisdiction (ETJ). Attached was a letter from the City of Bartonvllle expressing an Interest In annexing the property, and a metes and bounds description of the property in question. To take this forward to the City Council of Denton, It Is necessary to provide: A map of the property and Its surrounding area, which clearly shows the current City boundarles of Barlonville and Argyle, and the ETJs of Argyle, Bartoovllle, and Denton. s A letter from the City of Argyle that acknowledges their agreement with the proposed annexation of the subject property to the City of BartonvIlle. If you have any questions or need additional Information, pies. a feel free to contact me at (940) 349.8350. Si erely, / Mark Donaldson Assistant Director, Planning and Development c: Dave Hill, Director 'DiArd 7 'Y SfFYILf" r (8 THE STONEBRIDGE AREA 13000 Stonebridge Road, Argyle, Texas 76226 13 April 1998 Councilwoman Roni Beasley °l City of Denton ItyMq Municipal Building NAGEq 215 East McKinney b ~fFtCf Denton, Texas 76201 Dear Mrs. Beasley: Re: Council work session discussion of release of City of Denton Efj acreage "south of FM 407 near the town of Bartonviile" The Stonebrldge Area last contacted the Denton City Council In February of 1995 when Council was to discuss a request to release acreage In the City of Denton's E:TJ to the city of Argyle and the Town of Bartonviile. At that time the residents/landowners in the Stonebridge neighborhood asked the Denton City Council to deny that request. We were grateful when Council's concensus was that Denton should retain all nreas In Its U) unless there are compelling reasons to release land to other municipalities. Today we read In the Denton Record Chronicle that the Zena Development Corporation/Town of Bartonviile Is/are asking that Denton release properly "south of FM 407 near the Town of Bartonville". once again we ask that you vote to deny the release of any acreage In this ErJ. We wish to maintain the status quo because: 1) We feel It Is In our best Interest to remain in Denton's EPJ as we do not wish to be annexed by either of the smaller tides surrounding us (and upon which we are not dependent for water, electricity, road repair, garbage pickup or any other services). 2) Barlonville's Thoroughfare flan shows a major road bisecting our 120-we residential development and splitting our (cooperative) watcr well system In half. 31 There Is only one land owner (not a resident) In the acreage who wants the acreage released • the owner of the land to be develo~,~{ 4) We think the wishes of the majority of the people who actually live in the atea should be the most Important consideration. We hope you agree that a non-resident's wish to be annexed by another municipality for commercial reasons Is not a compelling reason to release this acreage from Denton's U!'J. Your vote against release will mean a lot to us. Ted Air ara Coughran 817/455.1434 J i t ED 2 1997 ~RIlONY1LLE EY: Dec ember 18, 1997 Zens Development Corporation Mr. Pat Mronto President P.O. Box 92864 Southlake, TX 76092 Dear Mr, DiFonzo; We are in receipt of your Annexation Petition regarding the properties owned by Dr. William Wilkerson and located outside the Bartonville Town limits. The Town of Bartonville Is Interested in annexing the land, however, it has been discovered that the properties in question are currently located within the Extra Terdtodal Jurisdiction of the City of Denton. We suggest that you contact the City of Denton and request a release of the land to the Town of BartonWIe. We look forward to working with you regarding the above. Sincerely, sreu~ 1>u~ i//fs'>'L. Annemarie Moore Tows Secretary 14M11 E.Jeuf ~a+d, Bular..tllr,'fau'674t+ Id1 71 4 741054 9. i t u RG.YL£ August 6, 1998 RE ' C~j3Jfs' ~ Mayor Lee Lazarus AUG I II 149$ 'Mown of Barton0le 1941 East Jeter Road Bartonville, Tx 76226 RE: Release of Denton ETJ in Stonebridge 11oad area Dear Mayor Lazarus, On July 141, the Argyle City Council considered a request from Zeno Development to concur with a release of approximately 35 acres of extraterritorial jurisdiction from the City of Denton to the Town of Bartonville to facilitate annexation and development. We also heard from many residents in the ETJ regarding their concerns about the proposed development. On July 291, the City Council voted to concur with the release subject to the following conditions: 1, No access should be made from the proposed Zeno Development to Stonebridge Road 2 The residents of the ET) should receive some assurance that the plat that was presented by Zeno Development represents what will be built, and that they should be notified and consulted if any changes are proposed. The City Council also disr•ussed the need to develop an apportionment agreement between Bartonville and Argyle sometime in the future, but chose not to delay the Zeno Development project at thie t1 ne if ycu have any questions regarding this action, please feel free to call, Sincerely, v CITY OF APOYLE vonne Jenkins Mayor tf<\ xc: rk Donaldson, Denton Planning Department t' at DiFonzo, Zeno Development Corporation 106 N. Hwy, 377 • P.O. Box 609 a Argyle, Texu 76226 Clay Hall: 940.464.7273 a Frcrlmile: 940.464.7274 0 Polk 10 ent: 90464-720 • k1unleiprt Court: 940.464.7211 r I N A Mr, Mark Donaldson September 16, 1998 Assistant Director, Planning and Development 221 N. Elm Denton, Texas 76201 Re: Saddlebrook Estates, Bartonville, Texas Dear Mr, Mark Donaldson, As per our telephone conversation of September 15, 1998, as developers of the Soddlebrook Estates subdivision In the Town of Bartonville we here by petition the City of Denton to release 35.7805 acres from the City of Denton Extra Territorial Jurisdiction so that we may annex into the Town of Bartonviile. For your review and consideration we are including the following: 1, Copy of our zoning exhibit highlighting in yellow the area requiring release, 2. Copies of correspondence from the City of Argyle, Indicating their approval to , this release along with their town conditions which we have agreed to uphold. 3. Location maps shoving the property and its surrounding area. Should you require any further information on the above please feel free to contact me at your convenience. 6 Yours truly, C. Pat DiFonzo tF P. 0 Pox 91864, SouthIde, Texas 76093 102 W. Wonk Suite 200, Onpevlne, Texu 76MI Mdm (111) AIX1392 Pu (117) 4214910 11. r• Y v. Denton f C No4 pt Y: Subject I ` Property f .~uY 1i ~IR,'~,, llowe~Mo++s 77 f2. , 1 I A ff##~ f; I~.SIi7 Subject t Property • ,001 il. i' "Apr" iswl I.rl. rrr w.w. t, I r4/.I M~ W• / I / WI I 1 1 Y I mw w~II~ .I~►r IL't. ' . Y I KV i~~.4 ~Yr IL. .J. I. Wt1 'fir IN W~ ~ •uu. • w/..Y li W 'DT 1 it • arr '1 Ny ra w r r r 1 I 1 'N w11 71/~ •.1" r ua ua I.r• I.a ~ ..r .ICS. Iwa u. 1a t.• r:a f~ff13 1 r rui Wa w• Rael w~• j11;~ . • ~y ru tt / F+ li .Yi'1r . • 1ri+ 1:. r yra la i~l F I } .n Li af$ I . /I• ~ YNY li.. • 1 a0.~ I i r:a I:Y 1i• 111 • Ira K .la . r. Ya y,411. +Of- / ~T ~ "~I• ~ ~I~M +I s ~ I ~ ~ I s~.I.I s. ' YNII~~~ ~ i IM/ YIX N. `L` F~y~ F Inl 1 I f11 YM wl f1T~ AMY Mf/ 1 rr wl r LON l 61r farµlid ```~pWq h RORt 1 I ~1 / H 10111 w/. 5 l UI I IiN MW l LOpY i 1 MN 4Ritll I. r. • • SAOD4EBPOOE ESTATES + PHASE t , ru f/••• 'II M4r AEU 1[NrY N1100.MN.tl ri li I r: SS'~ jof w. r1 w1 rly MN MiKlM ilrt M ~/a~'1a% IOM }/{I~ ' LW CAM 0L A4 MIMM} 4 7R r0 WI r l.Uid NfNkt Ma 11 Irl W-WM NN NMIIWIX LON WIN AM r I ~''YY3 ~~{p_y~ vhnemr f.1~CLi~11Y ~ InIY J~ w•`•" r 1IM~•Y~i~}~ bML Nys JI 1~,~ 1~■~!~.Y1Mpr~.rllwya. .am CRSlS+,le5t`e7114 AAtr4'sr►7'AIirgl 6•"[9'O ~W ~1 Rla I~ rn.TYJ' rum III MLIM bin 1q~!}N~~~~ w r ! cfLYMr.+ M 1 •{.FBI 111 Itl NM 11 I I I C I 1. III Subject i Property 1. ( ,1. .I. J. J. J. J. 1. ' s. J. s. J. 1. J..t. J. J. . J. J. A J. rti i y J• • i / J. J• Is J.a u~. ,s r 1 t 1]~ 1p ~ 3 . ~I ..j avP wr » fi' • :oW VN bw hvi .4 I. MDOMAA000% "TAT" Il. r,r~. J. J. ~ ' J• ®IltlillTMT o New 1 RESOLUTION NO. A RESOLUTION OF THE CITY CF DENTON RELINQUISHING APPROXIMATELY 36 ACRES OF LAND WITHIN ITS EXTRATERRITORIAL JURISDICTION (ETJ) TO THE TOWN OF BARTONVILLE SO THAT BARTONVILLE MAY INSTITUTE ANNEXATION PROCEEDINGS WITH RESPECT TO SUCH AREA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.02t of the Texas Local Government Code, home rule cities are authorized to fix glair boundaries and exchange areas with other municipalities; and WHEREAS, pursuant to Section 42.023 of the Texas Local Government Code, the ETJ of a municipality may not be reduced unless the governing body gives its written consent by ordinance or resolution; and WHEREAS, the Zena Development Corporation has petitioned the Town of BartonvilIe for annexation of approximately 36 acres of land into the Town of Badonville; and WHEREAS, the Town of BrAonville and the City of Argyle are agreeable to the annexation of the subject property by the Town of Bartonville upon its release from the city of Denton ETJ; and WHEREAS, the subject property is beyond the current and projected service delivery area for City of Denton municipal services; and WHEREAS, the City of Denton Is agreeable to releasing approximately 36 acres of land located in its ET) to the Town of Bartonville in consideration of securing assurances from the Town of Bartonville that: 1. No access shoulJ be made from the proposed Zena Development to Stonebridge Road; and 2. The residents of the ET) should receive some assurance that the plat that was presented by Zena Development represents what will be built, and that they should be notified and consulted if any changes are proposed; and WIiEREAS, the annexation of the subject property by the Town of Bartonville will promote orderly development In the area and protect the general health, safety, and welfare of persons residing In and adjacent to the municipalities; and WHEREAS, in order to delineate and fix such boundaries, a release of ET) is necessary on the part of the City of Denton so that the Town of Bartonville may Institute annexation proceedings for the subject property; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; t l k' .~1 SEC ION I, That the recitals as stated above are hereby found and determined to be tax and correct. 15. et i =LION il• That the City of Denton hereby releases and relinquishes In favor of the Town of Ba,tonvilie approximately 36 acres within Its ETJ located and described more fully in Exhibits A and B attached hereto and made it part hereof for all purpeses so that said area shall be within de ETJ of the Town of Bartonv£lle and that the Town of Bartonville may institute annexation proceedings with respect to said area SECTIt~N 111. That this resolution shall become effective Immediately upon its passage and approval I PASSES AND APPROVED this the day of 1999, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM, HERB PROUTY, CITY ATTORNEY , BY, k ~`t~ Jre L rr 1 16. i U 1 { I, EXHIBIT A METES AND BOUNDS DESCRIPTION OF SUBJECT PROPERTY jj (This exhibit was not available at the time the council packets were prepared. The exhibit will be available by Tuesday, January 5th, 1999.) 1 I 1 i 1 i 1 1, C. i 17. c a r Subject 11( LL I' Property w Atj1' •w i w I wl ; LKt ' r r mli «Yw. I ♦ I ~ p 3 .7L s s~i~ia. ~ -.y.'. 'iii ~ 'A4 'p. 1~' ~ • ~ ~i 7 ' .L r Y Y Y LRY I'• • Y ~ ~ r t i-.r1_. ~ rd~ p° ~`1(.~ - icy ~ • O OD •.a Laa ' , ~ Ir• 11 1 r rr LYCI tiar.l n.'( ~I I .iY. II4CI ~ ~ .C % for 66 POO fr ~S~ii.._ MIN w a ~(11 ~ ICE Ya■ ~ itr.r ~.i r I w i l l u f/ Loci 412n 1 M t ROd 4 lon I W F. Loa C lI1- l~ 10n 11YaARIa AMnlTayiReerAUnlaaNARaa F. ~..+..-..•......111 a.Y.r: ' _ ILr I YC lan I Mu Raa t ;iloK w ~ - :_y SAODLERR00K MATES - PHASE 1 J ~ 9ors ~ YY i~ I • • ~ ~~I' • Y IOOkN N M 10.M I.RraM1Lµ a[Flai tM Itu IIC M A J ` oY*aMbrl FlrtL Y111a.tt A{. Yr. Yr1 ✓I .I.r MI~[ /DIY u N, MrIL ♦I/n.tt q f~afM t-tJlwS - J'AY1~A.112 ' ! r M u la',RO La.(,. Mtnltf 16 MO M IW W LNOa RM'iVSA/,CI ML M + ' - I{I{ rj flbUA iM IS 41a 114 ken /Il in Wfl ar wru , y1 Y[9n Ae114Y I .M BMW II.M b~t1~ rrr YTi fYY, ,..T !'J.l.INt l~.`r '.i4 M41M 141A-..~~.. IR Mp 1Fa MFIII r a u I END OF FILE i A;